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GS1 Activate Terms and Conditions

Hereinafter referred as the “Terms”

Definition:

Data

Brand owner’s data such as GTIN and the specified set of product attributes.

GS1

Any national non-profit organisation GS1.

GS1 Activate

Web-based tool provided by GS1 Czech Republic, primarily used to manage GTIN

Notice! GS1 Activate is not primarily intended to cover requirements arising from legislation or for reporting to control or regulatory authorities. This applies especially to regulated products in the healthcare sector.

GS1 AISBL

International non-profit organisation registered in Belgium with registered office at Avenue Louise 326, box10, 1050 Brussels.

GS1 Czech Republic

GS1 Member Organisation, and interest association of legal entities, with its registered office at Na Pankráci 30, 140 00 Prague 4, ID 60433591, entered in the commercial register kept by the Municipal Court in Prague under file no. L 58574.

Main Data Provider

Data Owner

Authorized user

A person authorized by Data Provider to access and use the GS1 Activate. Data Provider is responsible for Authorized Users to be compliant with the Terms.

Data provider

Physical or legal person who has accepted these Terms.

Agreement

How will your data be shared, who will have access to them?

Data Provider understands and agrees that GS1 Czech Republic shares data through GS1’s local and global services, which make it available to third parties, Data recipients.

Guarantees

What guarantees do you provide regarding the origin, ownership and quality of the data?

Data Provider guarantees that he has created the data himself or has the right to dispose of it, that his data does not infringe any third party rights, including the right to privacy, or intellectual property rights (trademarks, patents), and that it does not violate any other laws or regulations. The Provider declares that he has implemented software, hardware and organizational measures, and thus guarantees that this data does not contain viruses, Trojan horses or other harmful content.

Data quality

Are you responsible for data quality? Does your data have to meet any conditions?

The data provider understands that the data will be verified in accordance with the validation rules in the „GS1 General Specifications“ available at https://www.gs1.org/barcodes-epcrfid-id-keys/gs1-general-specifications , the Global Data Dictionary, and verified in accordance with any other technical specifications that may be implemented and / or modified in the future. Data Provider is responsible for the quality of the data.

Corrective measures

Is GS1 Czech Republic authorized to make the data inaccessible?

In case that GS1 Czech Republic finds or suspects that the provided data violates any provision of the Terms, it has the right to temporarily make such data inaccessible, in case of serious violation even delete it.

Consequences of the Contract termination

Is GS1 entitled to keep the data even after the termination of the license agreement with GS1 Czech Republic for access to GS1 Activate?

Regardless of the termination of the license agreement with GS1 Czech Republic, GS1 may retain the data provided by the Data Provider. By default, such data will be displayed but marked as not updated. However, the Data Provider may request that GS1 display data no longer.

Limitation of responsibility

Is the Data Provider responsible for uploading data to the system?

Data Provider is responsible for the data he shares in GS1 Activate. GS1 Czech Republic, GS1 AISBL and any other GS1 National Organization shall not be responsible, to the extent permitted by law, for any damage / harm caused to a third party, including, but not limited to, actual, direct, consequential, indirect, incidental or punitive damages, and even if they are informed in advance of the possibilities of such damages that may arise in connection with the use of the Data Provider’s data by a third party.

Compensation

Is Data Provider obliged to compensate GS1 in connection with the data?

Data Provider promises and agrees to fully indemnify and defend the interests of GS1 Czech Republic, GS1 AISBL, as well as any other GS1 National Organization against all claims, damages, liabilities, obligations, losses, settlements, decisions, costs and expenses (including reasonable expenses and legal representation costs) incurred by any consumer, government or administrative authority or other third party arising out of or arising from (i) any claim that the use, disclosure or provision of the Data Provider’s data is in breach of any patent, copyright, trademark, right of the database creator or other intellectual property rights; (ii) any breach or alleged breach of these Terms or any applicable laws or regulations by the Data Provider and / or its Authorized Users; and / or (iii) any claim that the data (Data Provider) has been made available to the Data Provider in violation of the Data Provider’s guaranties set forth herein.

Agent

Under what conditions is the Data Provider allowed to upload data on behalf of someone else?

If the Data Provider acts on behalf (e.g. agent, distributor, content provider) of Principal Data Provider (e.g. Manufacturer) in creating, managing and / or delivering the Principal Data Provider’s data, Data Provider must be able to prove the authority to provide data of Principal Data Provider for the given purpose within the scope of these Terms, under any circumstances and at the first request of GS1 Czech Republic.

Change of Terms

Which circumstances require the change and/ or the amendment to these Conditions?

GS1 Czech Republic is entitled to change these Terms of Use. The new change to the Terms will be published on the GS1 Czech Republic website one (1) calendar month before it takes effect, of which Data Provider will be notified before logging in to GS1 Activate. After the expiration of the period according to the previous sentence, Data Provider will be asked to agree to them upon login. If Data Provider does not agree with the changed wording of the Terms, after the expiry of the period under the second sentence, he will not be able to use access to the GS1 Activate tool unless agreeing to the new wording of the Terms and Conditions.