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Note: The Membership Subscription & License Agreement sets out the terms and conditions relating to your use of GS1 Standards. You acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions.
1.1 You are hereby accepted as, and your License Application constitutes an application to be, a subscriber member of GS1 Kenya.
1.2 GS1 Kenya grants you a non-exclusive and non-transferable license to use the GS1 systems solely for the authorized uses.
The License and these terms and conditions come into effect on the date which GS1 Kenya notifies you of its acceptance of your License Application and continues for the duration of anniversary or until terminated as provided in clause 10.0. It will be renewed annually subject to your compliance with this Membership Subscription & License Agreement.
1.3 Membership fee is payable in advance at every anniversary when you became a member or upon receipt of invoice from GS1 Kenya.
1.4 GS1 Kenya may from time to time, increase the Fee by written notice without further reference or consultation with you.
1.5 All payments should be paid through bank account or M-pesa.
1.6 If you are overdue in payment of any amount, GS1 Kenya reserves the right to:
1.7 All amounts payable under this Membership Subscription & License Agreement are exclusive of VAT.
1.8 You must pay all other taxes imposed in Kenya in respect of this Membership Subscription & License Agreement.
1.11 GS1 Kenya represents and warrants that the license it provides will not infringe intellectual property rights of any third parties.
1.12 GS1 Kenya will comply with its obligations set out in the terms and conditions of this Membership Subscription and License agreement.
1.13GS1 Kenya liability is to protect the data provided and shall not pass to a third party without your consent as per Data Protection Act of Kenya, 2019.
1.14 GS1 Kenya will accept all data provided by you as true, accurate, complete and lawful. GS1 Kenya shall not be liable to any discrepancies, omissions or commissions.
1.15 You understand that GS1 Kenya is a Member Organization of GS1 Global Office which has been accredited by certain regulatory agencies as an issuer of UDIs and in that capacity both are subject to certain regulatory obligation such as, but not limited to, reporting of companies that use the GS1 Standards for unique identification of medical devices.
1.16 You understand that when You use a GS1 ID Key such as a GTIN to identify an Item that may be characterized as a medical device under the laws of the country where such product is marketed (‘Medical Device’), the following rules shall apply:
1.17 GS1 Standards can only be used as authorized;
1.18 GS1 standards assigned or allocated to you cannot be re-assigned/re-allocated to another company/party.
1.19 You are not permitted to modify/copy any numbers comprised in the GS1 system or that are similar in appearance so as to confuse, or to be likely to confuse, persons that the numbers are associated with in any way the GS1 system.
1.20 You must not assign (or otherwise apply or use) any of your GS1 Standards outside the original assignation.
1.21 You recognize GS1 Kenya’s title to the GS1 Standards and related intellectual property and must not at any time do, assist any other person to do, or allow to be done, any act or thing which may in any way invalidate, challenge, contest or impair GS1 Kenya’s rights in regard to GS1 Standards.
1.22 You irrevocably consent to GS1 Kenya using and sharing content about your items as part of the GS1 system, sharing content about your items with data recipients participating in the GS1 system, sharing Content about your items with regulatory bodies on request, and sharing Content about your items with GS1 Global Office and other GS1 Member Organization services such as, but not limited to, services provided within the GS1 Registry Platform.
1.23 This clause 8.0 applies to you only if You are a Third Party Service Provider acting on behalf of a licensed user of the GS1 system.
1.28GS1 Kenya will attempt to notify You of any such suspension but will not be liable to You if it does not do so.
1.29 You agree to indemnify and keep indemnified GS1 Kenya against all claims, suits, losses, damages or costs suffered or incurred by GS1 Kenya as a result of your conduct, use of the GS1 Standards or or any breach of these terms and conditions by you (including, without limitation, any representation or warranty by you (except to the extent caused by GS1 Kenya’s negligence or willful misconduct).
1.30 You agree to indemnify and keep indemnified GS1 Kenya, GS1 Global Office and any other GS1 Member Organization from any claims, suits, losses, damages or costs suffered or incurred by them (including reasonable legal fees and costs) arising from or in connection with any action, claim, demand or proceeding by a third party relating to, resulting from or arising out of any allegation that use, publication or distribution of your content infringes any intellectual property rights of any person, any contravention or alleged contravention of applicable laws by you or otherwise any allegation that any content has been provided in breach of any representations or warranties in these terms and conditions.
1.31 In the event that you, the licensee, elect to terminate this Membership Subscription & License Agreement for any reason, a request for termination must be advised on a standard GS1 Kenya Termination of Membership Subscription Notification Form. Non-payment of Membership Subscription fees is not recognized as a request to terminate.
1.32In the event of breach these terms and conditions, GS1 Kenya reserves the right to terminate your membership.
1.33 Termination of this Membership Subscription & License Agreement does not relieve either GS1 Kenya or you from liability arising from any prior breach of the terms of this Membership Subscription & License Agreement.
1.35 You or a nominated member of your staff, are required to attend an initial basic training session to familiarize yourself with the GS1 system.
1.37 Notices for you will be sent to the address specified on your License Application (or such other address as you may notify GS1 Kenya of from time to time).
1.38 It is your responsibility to ensure that notices sent to you by email are able to be received by the intended recipient, i.e., are not blocked, bounced or sent to offline folders.
1.39 This terms and conditions supersedes all previous membership terms and conditions.