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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 email. The Member, User 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 endeavours to respond to an Issue raised via the Helpdesk or email within 2 Business Days.


7. Additional services

7.1 Where the Parties enter into a Service Contract in accordance with clauses 2.4 and 2.5, 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, and shall ensure that its Users 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 save to the extent permitted by law, not copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any content provided 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 or signs provided 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 makes;

8.1.6 not use any of its GS1 UK Numbers, Additional Numbers, GLNs, GTINs, or Reference Numbers to identify products supplied by a third party (other than a member of the Member’s Group);

8.1.7 not violate GS1 UK’s rights or the rights of any third party;

8.1.8 comply with all applicable laws and regulations;

8.1.9 only use the Services for lawful purposes; and

8.1.10 comply with the Memorandum and Articles of Association.

8.2 In relation to the provision of the Services, the Member shall:

8.2.1 co-operate with GS1 UK as reasonably required by GS1 UK;

8.2.2 provide in a timely manner all information requested by GS1 UK (including but not limited to Member Product Data, turnover information and Member Data) and ensure such information is true, accurate, up to date (at all times) and not misleading and notify GS1 UK in writing 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 Join Form or otherwise communicated to the Member by GS1 UK;

8.2.4 abide by and comply with the technical standards and specifications set out in GS1 UK manuals, guidelines, policies, terms of use and the GS1 Numbering System and such other directions as GS1 UK may give from time to time, and the Member agrees that such standards, specifications, policies and terms of use may require modification and amendment and that such modifications and amendments may be made without prior notice; and

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. Audit

9.1 GS1 UK reserves the right, by providing reasonable notice to the Member, to audit the Member’s use of the Services.

9.2 GS1 UK reserves the right, by providing reasonable notice to the Member, 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 and/or 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 the GS1 UK Trade Marks where GS1 UK has expressly agreed in writing to such use. GS1 UK shall be entitled to revoke its consent to the Member using GS1 UK Trade Marks with immediate effect at any time.

10.2 In the event that GS1 UK agrees to the Member using the GS1 UK Trade Marks in its marketing material, the Member shall:

10.2.1 only use GS1 UK Trade Marks for the purpose and in the manner agreed by GS1 UK;

10.2.2 ensure that the GS1 UK Trade Marks are correctly reproduced without modification; and

10.2.3 not place or depict the GS1 UK Trade Marks in any manner or in any materials that would tend to denigrate, disparage, tarnish, dilute, misrepresent or otherwise adversely affect or take advantage of the GS1 UK Trade Marks or their reputation, GS1 UK or any of GS1 UK’s products or services.

10.3 The Member acknowledges that GS1 UK owns and will retain all rights, title and interest in and to the GS1 UK Trade Marks.

10.4 The Member acknowledges that GS1 UK has not made, and does not make, any representation or warranty of any kind in relation to the GS1 UK Trade Marks.

10.5 The Member shall indemnify GS1 UK against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by GS1 UK arising out of or in connection with the Member’s non-compliance with this clause 10.


11. Member warranties

11.1 The Member warrants that:

11.1.1 where the Member is an individual, they are over the age of 18 years old;

11.1.2 it has obtained any consents and permissions required under the Data Protection Legislation for any Personal Data provides to GS1 UK;

11.1.3 it has full capacity and authority to enter into and perform this Framework Agreement and any Service Contract;

11.1.4 this Framework Agreement is (and any Service Contract will be) executed by a duly authorised representative of that Party;

11.1.5 there are no actions, suits or proceedings or regulatory investigations pending or, to ’the Member’s knowledge, threatened against or affecting the Member before any court or administrative body or arbitration tribunal that might affect the ability of the Member to meet and carry out its obligations under this Framework Agreement or any Service Contract; and

11.1.6 its Member Data (i) originates from or is authorised or approved (validated) by the Member; (ii) does not violate any third-party rights(including privacy rights, copyrights, trademarks, patents or other intellectual property rights of any third party) or violate any applicable laws or regulations; and (iii) does not contain any virus, Trojans, worms, logic bombs or any other materials which are malicious or technologically harmful.


12. GS1 UK obligations

12.1 GS1 UK shall provide the Services and any Additional Services using reasonable care and skill.