Australian Vegan Certification Rules (Part 3)

11. Ownership of the Vegan Australia Certified Label and powers of Vegan Australia

11.1. Vegan Australia is the owner of the Vegan Australia Certified Label and is the only entity empowered to authorise the use of the Vegan Australia Certified Label.

11.2. The Vegan Australia Certified Label may only be used by:

(a) Vegan Australia;

(b) Applicants on Vegan Australia Certified Products in accordance with rule 10.1; and

(c) Any other organisation or individual who is permitted by Vegan Australia to use the Vegan Australia Certified Label on Vegan Australia Certified Products for promotion or marketing purposes.

11.3. Use of the Vegan Australia Certified Label in accordance with these rules will not affect the property or other rights in the Vegan Australia Certified Label.

11.4. If any Applicant is or becomes aware of any unauthorised use of the Vegan Australia Certified Label or similar mark, it will immediately bring this to the attention of Vegan Australia, which may take any action it deems appropriate in the circumstance to protect and enforce its rights in that mark.

11.5. No Applicant may commence any infringement or other legal action in connection with the use of the Vegan Australia Certified Label or similar mark by a third party without the prior written consent of Vegan Australia.

11.6. Vegan Australia has the right to delegate any one or more of its powers in relation to these rules to an appropriately qualified and independent nominee appointed in writing. The decision of any such delegate will be binding and effective in the same way as any decision made by Vegan Australia in accordance with these rules.

12. Dispute Resolution

12.1. An Applicant may request reconsideration of any decision which relates to any act or application in connection with these rules, by providing written notification to Vegan Australia.

12.2. Where the dispute relates to a decision made by Vegan Australia in relation to the failure of an application for Certification:

(a) written notification of an intention to appeal the decision must be sent to the Chairperson of the Vegan Australia board of directors within ten (10) business days of receipt of the initial refusal; and

(b) an appeals committee established by Vegan Australia will be convened within ten (10) business days to hear the matter upon receipt of the letter notifying intention to appeal.

12.3. The decision of the committee described in rule 12.2(b) is final and binding upon both Vegan Australia and the Applicant.

12.4. Where the dispute relates to any other matter, one or more Vegan Australia representatives will meet with the disputant within ten (10) business days of receiving the written notice under rule 12.1 to try to resolve the dispute. A meeting between the parties will either be held at the regular business offices of Vegan Australia, a location as agreed by the parties, or via teleconference.

12.5. If the dispute is not resolved at the meeting described in rule 12.4, the parties agree to appoint, within one month of that meeting, an appropriately qualified independent person or body to hear and make a determination on the dispute. In the event that the parties cannot agree on a person to determine the dispute, the Chairperson of the Vegan Australia board of directors will be given the authority to nominate and appoint such a person. The parties agree that any decision made by the independent person appointed to resolve the dispute will be confidential and be binding on the parties.

13. Revocation of Vegan Australia Certified rights

13.1. Vegan Australia may revoke the Certification of a Vegan Australia Certified Product on reasonable grounds.

13.2. Reasonable grounds for revocation include, but are not limited to:

(a) Breach of any of these rules by an Applicant;

(b) Failure of the Applicant to maintain the criteria upon which the Certification was granted for the Products, including payment of licence fees;

(c) Submission of false or misleading information by an Applicant to Vegan Australia relating to its application for Certification or in the course of regular correspondence or any Audit;

(d) Failure to submit required documentation as part of an Audit in the time frame specified by Vegan Australia;

(e) Any real and serious reputational risk to Vegan Australia, Vegan Australia Members and affiliated partner organisations and individuals.

13.3. Applicants which have had their Certification revoked in accordance with these rules may, after twelve (12) months, reapply for Certification in accordance with the standard Certification process.

14. General

14.1. Vegan Australia does not warrant or represent that the use of the Vegan Australia Certified Label is guaranteed to confer any financial or other benefit on an Applicant, and to the full extent permitted by law, Vegan Australia excludes all liability for loss, damage or liability suffered or incurred by an Applicant in reliance on the Vegan Australia Certified Label. To the extent that any liability of Vegan Australia is not excluded by this rule, it is limited, to the full extent permitted by law, to an obligation to supply the relevant services that it has provided under these rules.

14.2. While Vegan Australia will use reasonable efforts to ensure that all uses of the Vegan Australia Certified Label are made in accordance with these rules, it will not be held responsible for any damage, loss or liability suffered or incurred by any Applicant by the breach of these rules by another Applicant or by any use of the Vegan Australia Certified Label by any other party.

14.3. Vegan Australia shall establish and maintain a register which shall contain details of all licensed users of the mark. The register shall be kept at the principal office of Vegan Australia and shall be open to the inspection of the public during the normal business hours of the said principal office.

14.4. Applicants who use the Vegan Australia Certified Label pursuant to these rules do not do so as agents or actors of Vegan Australia. Vegan Australia accepts no responsibility for the acts or omissions of any use by the Applicant or any other party.

14.5. Vegan Australia may amend these rules from time to time with the prior consent of the Australian Competition and Consumer Commission. Any changes which have an effect on Applicants will be advised by Vegan Australia in writing to all Applicants within ten (10) business days of the amended rules coming into operation.