General terms and conditions

1. Definitions

In these Terms and Conditions:

  • GCC refers to Global Compliance Certification Pty Ltd, its employees, contractors, and agents.

  • Client refers to the individual or entity engaging GCC for certification or related services.

  • Agreement means these Terms and Conditions, together with any Proposal, Application, Codes of Practice, trading terms, and related documentation accepted by the Client.

  • Personal Information has the meaning given under the Privacy Act 1988 (Cth).

2. Acceptance and Authority

2.1 By submitting an application and accepting these Terms, the Client:

  • (a) Warrants that all provided information is true and complete, and that they have read and understood all documents forming part of this Agreement;

  • (b) Warrants authority to enter into this Agreement on behalf of the Client entity;

  • (c) Accepts the obligation to pay all fees under this Agreement, irrespective of any subsequent change to Client composition or structure;

  • (d) Agrees to comply with all trading terms in these Conditions;

  • (e) Consents to be bound by these Terms immediately upon requesting GCC services;

  • (f) Acknowledges that GCC may vary these Terms by written notice, including changes required by law or accreditation authorities.

3. Scope of Services

3.1 These Conditions apply to:

  • (a) System certification services (quality, environmental, occupational health and safety, etc.)

  • (b) Service and product certification under applicable norms, standards, or technical specifications;

  • (c) Audit, assessment, or other related services offered by GCC.

3.2 Provision of a report following an audit does not bind GCC to issue certification. The decision to issue or withhold certification is at GCC’s sole discretion.

3.3 Provision of services by GCC does not replace or discharge any legal or contractual obligations of the Client to third parties.

3.4 GCC may delegate performance of services to agents or subcontractors as reasonably required. All such parties are required to sign confidentiality undertakings.

4. Client Obligations

4.1 The Client must:

  • (a) Provide GCC with prompt access to all information, records, product samples, premises, and relevant staff as reasonably required for service delivery;

  • (b) Pay all invoices in accordance with agreed terms. All fees are non-refundable;

  • (c) Notify GCC in writing of any intention to postpone services:

    • More than 30 days prior to scheduled service: Nil fee;

    • 14-30 days’ notice: 25% of fee payable;

    • 7-14 days’ notice: 50% of fee payable;

    • Less than 7 days’ notice: 75% of fee payable.

5. Limitation of Liability

5.1 To the fullest extent permitted by law, GCC, its employees, and contractors are not liable for any indirect, incidental, or consequential loss or damage (including loss of profit, use, or goodwill) related to this Agreement.

5.2 If GCC is liable for any breach of these Terms or any non-excludable statutory guarantee, liability is limited, at GCC’s election, to:

  • (a) The supply of certification services again; or

  • (b) Payment of the cost for resupply of such services.

6. Indemnity

6.1 The Client indemnifies GCC against all losses, expenses, claims, or damages GCC may suffer or incur as a result of:

  • (a) Any breach of this Agreement by the Client;

  • (b) Any property damage, personal injury, or death caused by any negligent or wilful act or omission of the Client, its personnel, or in relation to the certified products, services, or processes;

  • (c) Any claim by a third party in connection with this Agreement.

7. Confidentiality and Privacy

7.1 Confidentiality

  • (a) Each party (Recipient) must keep confidential all proprietary or confidential information disclosed by the other party (Discloser) in connection with this Agreement.

  • (b) Confidential Information may not be disclosed to any third party except:

    • (i) With the Discloser’s prior written consent;

    • (ii) To the Recipient’s employees, contractors, or consultants strictly on a need-to-know basis, provided they are subject to confidentiality obligations no less restrictive than these Terms;

    • (iii) Where required by law, by an accreditation authority, or where the information is already public.

7.2 Intellectual Property

  • (a) All reports, certificates, and related intellectual property produced by GCC under this Agreement remain the exclusive property of GCC, unless otherwise agreed in writing.

  • (b) The Client must not alter, misrepresent, or misuse any GCC documentation in any manner.

7.3 Privacy

  • (a) Each party will comply with the Privacy Act 1988 (Cth) and any other applicable data protection legislation in relation to the collection, storage, use, and disclosure of Personal Information.

  • (b) The Client consents to GCC collecting, using, storing, and disclosing its Personal Information (and that of its personnel) as reasonably necessary to provide the services; for legal and compliance purposes; and as required by any accreditation authority.

  • (c) Personal Information may be disclosed to service providers or contractors (including those located outside Australia), where appropriate data protection safeguards are in place.

  • (d) GCC will take reasonable measures to protect Personal Information against misuse, loss, or unauthorised access, as set out in GCC’s Privacy Policy, available on request.

  • (e) The Client warrants that it has obtained, and will maintain, any necessary consents from its employees or agents whose Personal Information is provided to GCC.

8. Duration and Termination

8.1 Unless stated otherwise in writing, this Agreement continues for the term specified in the Proposal or until terminated in accordance with this section.

8.2 Either party may terminate this Agreement with at least one month’s written notice to the other party.

8.3 Termination does not affect accrued rights or obligations as at the date of termination.

9. Governing Law and Dispute Resolution

9.1 This Agreement is governed by the laws of Australia and the State of New South Wales.

9.2 Any dispute not resolved by negotiation between the parties will be referred to arbitration or the courts of New South Wales, Australia.