License

State Brand Terms and Conditions

The terms and conditions of use constitute a legal agreement between you and the Crown in Right of the State of South Australia (“Licensor”) on the use of the material on this website and the South Australia Brand (being the visual identity for South Australia in all of its iterations set out in the South Australia Brand Guidelines, including all logos and images). Please read this agreement in its entirety before you download any material from this website, including the South Australia Brand.

Eligibility for use

To be eligible for use of the South Australia Brand, you must have a sufficient relationship with the State of South Australia. You will meet this criterion if you:

• maintain a substantial presence in South Australia (that is, not less than 30% of your total operations must be based in South Australia); or
• source a substantial amount of inputs, ingredients or components in South Australia (that is, not less than 50% by value must be sourced in South Australia); or
• maintain your business or other headquarters in South Australia; or
  can otherwise demonstrate to the satisfaction of the Licensor, a substantial nexus to South Australia.

A determination of whether you meet the above criterion will be at the discretion of the Licensor.

Terms and conditions of use

By:

• using or downloading any material from this web-site including but not limited to the South Australia Brand (and whether or not you download them from the website or access it/them by any other means or have checked the “I agree” box); or
• checking the “I agree” box on this website for use of the material from this website including but not limited to the South Australia Brand,

you agree to be bound by these terms and conditions.

If you do not accept these terms and conditions, you must refrain from using the South Australia Brand or other material on this website. Agreement to these terms and conditions will result in the granting of a revocable, non-exclusive, fee-free, non-transferable right to use the South Australia Brand in the marketing and advertising of your business or product for the positive promotion of your business or product and South Australia generally (“Permitted Purpose”), for the duration of your eligibility in accordance with the criteria specified in “Eligibility for use” above. The Licensor will determine in its absolute discretion the meaning of “positive promotion”.

Your use of the South Australia Brand must be consistent with these terms and conditions. The Licensor reserves the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website and the South Australia Brand following such notification will represent an agreement by you to be bound by the terms and conditions as amended. The Licensor also reserves the right to take action against any use that does not conform to these terms and conditions. These terms and conditions are governed by the laws in force in South Australia. In providing the South Australia Brand for use, the Licensor does not provide any guarantee, promise or representation that use of the South Australia Brand will be beneficial to your business. You must seek your own advice as to whether the use of the material from this website and the South Australia Brand is suitable and beneficial for your business.

Intellectual property and use

Intellectual property in this website (including the South Australia Brand logos, text, graphics, logos, icons, sound recordings, video clips and software) is owned by the Licensor unless otherwise noted in the description of the material. Nothing in these terms and conditions affects the ownership of the intellectual property or associated rights by the Licensor.

Except as expressly authorised by these terms and conditions (see “Conditions of use of South Australia Brand” below), and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation that applies in your location, you may not in any form or by any means: adapt, reproduce, store (including download), distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website, without the written permission of the Licensor. You must adhere to any copyright restrictions or other notices that appear on images or files you wish to download or print.

Conditions of use of South Australia Brand

All material supplied through this site is owned by the Licensor or its respective partners and cannot be on-sold to third parties. The Licensor provides the South Australia Brand for use on the basis of a revocable. one-off, non-exclusive right. All usage requirements must be adhered to, including those in the South Australia Brand Guidelines.

Any misuse of the South Australia Brand will result in a breach of the Licensor’s intellectual property rights and automatic revocation of the licence. Material supplied must only be used for the Permitted Purpose. You must not use the South Australia Brand to display South Australia in a negative way or in any way that could reflect adversely on the Licensor, the State of South Australia itself or the South Australia Brand. Where the Licensor in its opinion considers that your use of the South Australia Brand is derogatory or harmful to the Licensor or otherwise reflects adversely upon the Licensor, the State of South Australia itself or the South Australia Brand, the Licensor may: require that you immediately cease that use of the South Australia Brand or other material; and/or terminate your licence and any right to use the South Australia Brand.

Except as expressly authorised by the Licensor, the appearance of the South Australia Brand for the Permitted Purpose must not be used in any manner whatsoever to imply that the Licensor has any administrative, financial or marketing obligations in relation to the item or organisation to which the South Australia Brand has been applied or has otherwise endorsed or approved of such item and/or organisation. Your use of the South Australia Brand must be in conformity with: all applicable laws, regulations, guidelines and decisions of judicial or regulatory bodies; any other proprietary rights of third parties; and this website and Agreement and the South Australia Brand Guidelines available on this website. You and your business must comply with all relevant industry standards and practices and all applicable laws and regulations. You must comply with any reasonable directions of the Licensor in relation to use of the South Australia Brand.

Please be reminded that the State Brand brandmark for South Australia is a “place brand” As a place brand, it is a visual identifier designed to convey the amalgamation of positive perceptions, thoughts and feelings that customers hold about South Australia. It is designed to trigger a consistent and growing “story” of positive perceptions, thoughts and feelings of South Australia as a creative, innovative and industrious place, and a fantastic place to live in, work in, play in, migrate to, study in, visit, consume the products and services from, import from, engage with and do business in. As a place brandthe brandmark is a visual identity to show who we are, where we are and what we offer. It’s about being synonymous with South Australia. It’s about distinguishing ourselves from other States. It’s about representing us all. It is not a “certification trademark”, nor is it a “place of origin” brandmark. Accordingly it is neither designed nor intended to be used as a “certification trademark”, nor is it designed or intended to be used as a “place of origin” brandmark. It is not to be deployed as a “credence claim”. As the registrant, you are responsible for ensuring your own compliance with Schedule 2 to the Competition and Consumer Act (2010) (Cth) (“the Australian Consumer Law”). The Licensor, State of South Australia and broader Government of South Australia will not be held responsible for, and disclaim any and all liability for, any breach of the Australian Consumer Law by a registrant. Registrants are advised to seek independent legal advice in order to ensure compliance.

Liability and Indemnity

You agree to indemnify us on demand and hold us harmless from and against all liabilities or claims for any loss or damage to us or third parties which we incur arising out of or in relation to your use of the material on this website and/or the South Australia Brand.

The Australian Consumer Law and other laws imply certain conditions, warranties and rights into contracts that cannot be excluded or limited. Unless one of these laws requires it, we give no condition, warranty or undertaking and we make no representation to you regarding any matter including the suitability of the material on this website and/or the South Australia Brand for your intended use and business. Any liability we have to you under these laws that cannot be excluded but that can be limited is limited to the amount of any payment you have made to the Licensor for the use of the material on this website and/or the South Australia Brand. We are not otherwise liable to you for any loss you suffer if the Licensor has not been negligent or has not acted in bad faith.

Commencement, duration and termination of right

Your right to use the South Australia Brand will commence on you checking the “I agree” box and will continue until either: a certification trade mark for the South Australia Brand is registered by the Licensor; you no longer meet the criteria specified in “Eligibility for use” above; you are in breach of the agreement; or the agreement is terminated.

The Licensor will post a notification to this website if a certification trade mark for the South Australia Brand is registered. Upon such notification, your right to use the South Australia Brand under this agreement will cease effective immediately. It is your responsibility to monitor this website for any notifications. If this agreement terminates as a consequence of a certification trade mark for the South Australia Brand being registered by the Licensor: you may allow your existing product release bearing the South Australia Brand already in the marketplace at the time of termination, to run out, or, if your use of the South Australia Brand does not involve product that can run out, you will have a reasonable opportunity to remove the South Australia Brand from use. You may not continue to release products bearing the South Australia Brand or otherwise continue using the South Australia Brand subsequent to termination without first becoming an approved user of the certification trademark.

The Licensor may terminate your right to use the South Australia Brand immediately by written notice to you if: the Licensor considers in its sole discretion that your use of the South Australia Brand is derogatory or harmful to the Licensor or otherwise impacts negatively upon the Licensor, the State of South Australia itself or the South Australia Brand; the Licensor determines that your use of the South Australia Brand infringes or potentially infringes third party rights; or you change your operations such that in the opinion of the Licensor, you no longer have sufficient nexus to South Australia or otherwise meet the eligibility to use the South Australia Brand; or for any other reason determined by the Licensor in its sole discretion.

This Agreement will automatically terminate and you must immediately cease using the material on this website and/or the South Australia Brand without a requirement for notice by the Licensor if: you have committed a breach of these terms and conditions; you are declared bankrupt, enter into administration or liquidation;

Survival of Obligations

Notwithstanding any other provisions of this agreement, at the termination or expiration of this agreement, any provisions of this agreement which would by their nature be expected to survive the termination or expiration shall remain in full force and effect.

No Waiver

None of the powers or rights created under the terms of this agreement shall be deemed to have been waived by any act or acquiescence of either party. A power or right under the terms of this agreement may only be waived in writing, signed by the party that is waiving the power or right. Failure of either party to enforce any term of this agreement shall not constitute a waiver of such term or any other term.