Services and obligations
6. Support services
6.1 Members, Users and Admin Users can report Issues via the Helpdesk during Working Hours (unless other times are communicated by GS1 UK) or via post. The Members, Users or Admin User shall supply to GS1 UK a detailed description of any Issue requiring attention and the circumstances in which it arose, and shall submit sufficient material and information to enable GS1 UK to diagnose the Issue.
6.2 GS1 UK will use reasonable endeavors to respond to an Issue raised via the Helpdesk or post within 2 Working Days.
7. Additional services
7.1 GS1 UK shall supply the Additional Services in accordance with the relevant Service Terms and Conditions and the terms of this Framework Agreement from the date stated in the Service Contract, or where no date is specified, the date agreed between the Parties in writing.
8. Obligations on the member
8.1 Throughout the term of this Framework Agreement the Member shall:
8.1.1 not make any derogatory comments about GS1 UK or act in a manner which might be perceived as damaging to GS1 UK’s reputation and goodwill or which may bring GS1 UK’s reputation into disrepute or harm;
8.1.2 not copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the any content provide through the Services;
8.1.3 not knowingly transmit or cause to be transmitted through the Services any electronic material (including viruses) which may or shall cause detriment or harm in any degree to any computer service of GS1 UK or any other person whatsoever;
8.1.4 not remove or alter any copyright notices, watermarks, restrictions and signs provide through the Services which indicate proprietary rights of GS1 UK;
8.1.5 not falsely state or otherwise misrepresent its affiliation with any person or entity, or falsely express or imply that GS1 UK endorses the Member, its products or any statement it make;
8.1.6 not violate GS1 UK’s rights or the rights any third party;
8.1.7 comply with all applicable laws;
8.1.8 only use the Services for lawful purposes;
8.1.9 comply with the Memorandum and Articles of Association.
8.2 Where GS1 UK is providing the Member with Services, the Member shall:
8.2.1 co-operate with GS1 UK as reasonably required by GS1 UK;
8.2.2 provide all information requested (including but not limited to Member Product Data, turnover information and Member Data) by GS1 UK and ensure such information is true, accurate, up to date (at all times) and not misleading in a timely manner and notify GS1 UK of any changes to such information within a reasonable time;
8.2.3 provide all information required by GS1 UK as set out in the Application Form or otherwise communicated;
8.2.5 when using the My Numberbank Service, provide Attributes and information on the Member Product. Failure to do so may result in the Services producing limited visibility, and GS1 UK shall not be liable for any loss suffered by the Member as a result of its failure to comply with this clause 8.2.5.
9.1 GS1 UK reserve the right, by providing reasonable notice to the Member to audit the Member’s use of Services.
9.2 GS1 UK reserves the right, by providing reasonable notice to request that information in relation to the Member’s use of the Services is provided within a reasonable time frame. Where the GS1 UK Numbers/GLNs are applied to physical Member Products, the Member shall, upon reasonable notice by GS1 UK, use its reasonable endeavours to facilitate with its warehouse provider access for GS1 UK to inspect the Member Products.
10. GS1 UK branding
10.1 The Member shall only be entitled to use GS1 UK Trade Marks where GS1 UK have expressly agreed in writing to such use.
10.2 In the event that GS1 UK agree to the Member using GS1 UK Trade Marks in its marketing material, the Member shall ensure that the GS1 UK Trade Marks are correctly reproduced and shall indemnify GS1 UK for any loss or damage it suffers as a result of the Member’s non-compliance with this clause.
11. Member warranties
11.1 The Member warrants that:
11.1.1 it has obtained all consents and permissions required under all applicable Data Protection Legislation of any personal information of an individual whose information it provides to GS1 UK;
11.1.2 it has full capacity and authority to enter into and perform this Framework Agreement and each applicable Service Contract;
11.1.3 this Framework Agreement is (and each applicable Service Contract will be) executed by a duly authorised representative of that Party; and
11.1.4 there are no actions, suits or proceedings or regulatory investigations pending or, to that Party's knowledge, threatened against or affecting that Party before any court or administrative body or arbitration tribunal that might affect the ability of that Party to meet and carry out its obligations under this Framework Agreement or any applicable Service Contract.
12. GS1 UK obligations
12.1 GS1 UK shall provide the Services with all due care, skill and ability and in accordance with the Service Contract.