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Terms and Conditions

The following terms and conditions apply to the License to use GS1 Numbers granted by GS1-Ghana to the Licensee. The data so collected will be used to populate the GS1 Registries. The GS1 registries comprise the Licence Registry, GS1 Identification Key Registries, and the Links Registry. Use of the GS1 Numbers constitutes agreement by the Licensee to these terms and conditions. Failure to observe and abide by these terms and conditions may lead to termination of the License.

  1. DEFINITIONS

The following definitions will apply within these Terms and Conditions:

1.1 “Business Day” means any day of the week except Saturday, Sunday or a national public holiday.

1.2 “GS1” means GS1 Ghana (Limited by Guarantee), an organisation incorporated in Ghana

1.3 “GS1 Numbers” means the GS1 membership number and product/location numbers that are issued to You by GS1 for Your use in accordance with these terms and conditions.

1.4 “Intellectual Property” means patents, registered designs, utility models, trade marks, applications for any of the foregoing, inventions, unregistered trademarks, copyright, confidential information, knowhow, processes and trade secrets and other intellectual property, and equivalents of any of the foregoing anywhere in the world and includes the Trademarks.

1.5 “License” means the License granted by GS1 to You to use the GS1 Numbers.

1.6 “Licensee” means You.

1.7 “Products” means the products manufactured and/or sold by You.

1.8 “Registration Form” means the GS1 registration form whereby persons apply to become members of GS1 and for the issue of GS1 Numbers.

1.9 “Terms and conditions” means these terms and conditions as varied from time to time by GS1 in accordance with clause 9.

1.10 “Trade marks” means the trade marks associated with GS1 or the GS1 numbering system.

1.11 “You” means the person, company, corporation or other legal entity, that has signed the Registration Form applying for membership of GS1 and the issuance of GS1 numbers. “Your” has a corresponding meaning.

1.12 “Core Attributes” mean a minimum set of data attributes by product category that are necessary to verify a class of objects that can be identified with a GS1 identification key.

1.13 “Data” mean the GS1 identification key, the Core Attributes related to the object identified by that GS1 identification key and [links to web resources], provided by a Data Provider to an MO and made available to the GS1 Registry Platform.

1.14 “Data Challenge” means a claim that Data is not accurate, not complete or not provided by a Data Provider or an authorised Designee.

1.15 “Data Provider” means any party providing data, including, without limitation, a brand owner, a distributor and an importer, as well as any designee of the brand owner authorised to create, maintain, manage and/or deliver Data on behalf of such brand-owner (e.g. content providers).

  1. GCP” means GS1 Company
  1. DATA PROVIDER AGREMENTS

Data Provider understands and agrees that its Data (including any weblinks) is shared by [GS1 MO] with data recipients (which may include consumers) through both local and global GS1 services.

  1. Consent.

Data Provider understands and agrees that its Data (including any weblinks) is shared by GS1 Ghana with data recipients (which may include consumers) through both local and global GS1 services.”

  1. Warranties

Data Provider represents and warrants that the Data:

  1. Originates from, is authorised or approved (validated) by the Data Provider.
  2. Does not violate any third-party rights, including privacy rights, copyrights, trademarks, patents or other intellectual property rights of any third party, or violates any applicable laws or regulations, and,
  3. Does not contain any virus, Trojans, worms, logic bombs or any other materials which are malicious or technologically harmful.”
  1. Data Quality.

Data Provider understands that Data submitted will be validated against and shall comply with the GS1 approved data validation rules and any other technical specifications that may be implemented and/or as amended from time to time. Data Provider shall be responsible and liable for the quality of the data.

  1. Remedial Action.

If GS1 Ghana, in its sole discretion, suspects or believes that Data is submitted to or published in GS1 Ghana data service in violation of this agreement (e.g. it violates a third party’s intellectual property rights), it may take appropriate remedial action (including, without limitation, by temporarily suspending the availability of or definitively removing the said Data from the data service and the GS1 Registry Platform).

  1. Effects of Termination.

Notwithstanding termination of any agreement(s) between GS1 Ghana and Data Provider, GS1 may retain the data provided by Data Provider for internal purposes and shall have the right to make third parties aware of the expiry of Data Provider’s rights in the GS1 identification key, as applicable.

  1. Limitations of Liability.

Data Provider shall be liable for the data it shares in GS1 Ghana Data Service. To the fullest extent permitted by law, neither GS1 Ghana, the Global Office nor any other GS1 Member Organisation shall be liable to a third party for any harm, effects or damages whatsoever, including but not limited to actual, direct, consequential, indirect, incidental or punitive damages, even if advised of the possibility of such damages, arising out of or in relation to the third party’s use of Data Provider’s Data.

2.7 Indemnity

Data Provider shall fully indemnify, hold harmless and defend GS1 Ghana, GS1 Global Office as well as any GS1 Member Organisation from and against all claims, actions, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including reasonable attorneys’ fees and costs), brought by any consumer, government agency or other third party which arise out of, relate to or result from

  • any allegation that any use, publication or distribution of Data Provider Data infringes any patent, copyright, trademark, data base right or other intellectual property right;
  • any breach or alleged breach of this agreement or any applicable laws or regulations by Data Provider and/or its Authorised Users; and/or
  • any allegation that any Data Provider Data has been made available by Data Provider in breach of the Data Provider warranties given herein.

2.8 Designees

If Data Provider acts on behalf of (e.g. as an agent, distributor, content provider) a Principal Data Provider (e.g. a manufacturer, brand-owner) to create, maintain, manage and/or deliver its Principal Data Provider’s Data, Data Provider must be able to demonstrate its authority to provide Principal Data Provider’s Data for the purpose and grant the license set out in this agreement at all times and on GS1 Ghana first request.

  1. GRANT OF LICENSE

3.1 If GS1 accepts Your application for registration/membership and issues You with GS1 Numbers, GS1 also grants You a non-exclusive non-transferable License to use those GS1 Numbers in connection with the supply and sale of Your Products and location so identified. The License will commence on the date that GS1 issues You with Your GS1 Numbers and will continue until terminated as provided in clause 16.

  1. Numbers are for the exclusive use of the member company
  1. Numbers cannot be transferred/sold to third parties
  1. Numbers can only be used in connection with the manufacture, sale and identification of products, legal entity, function, fixed physical, mobile physical, digital locations, and in accordance with GS1 system rules

3.5 The License will commence on the date that GS1 issues You with Your GS1 Numbers and will continue until terminated as provided in clause. In the case of a GTIN, A member company that has resigned its membership or whose membership is terminated for non-payment of the membership fee must cease to use the numbers

3.6 An ex-member is still liable for fee payments if ex-member continues to use the GS1 numbers