The terms and conditions of use constitute a legal agreement between you and the Crown in Right of the State of South Australia (“Licensor”) to the use of the material on this web-site 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 web-site, 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
In downloading any material from this web-site, including but not limited to the South Australia Brand, whether or not you have checked the “I agree” box, you agree to be bound by the following 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 web-site. Agreement to these terms and conditions will result in the granting of a 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”). 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 or other promise that use of the South Australia Brand will be beneficial to 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. 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 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. 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 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. 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 Brand, the 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 the Competition and Consumer Act (2010) – Schedule 2 – The Australian Consumer Law. Brand South Australia will not be held responsible for any breach of the Competition and Consumer Act by a Registrant. Registrants are advised to seek independent legal advice in order to ensure compliance.
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; 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: you have committed a breach of these terms and conditions; 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.