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1. Permitted use of the App and the Data
Subject to these T&Cs, you may access and use the Food Labelling Assistant Tool and Data for the purpose of generating a list of information on matters to include in the label for a food item you intend to make available to the public for sale or otherwise. You must use the Food Labelling Assistant Tool and Data only for lawful purposes.
2. Agreement
By using the Food Labelling Assistant Tool, you agree:
- to comply with these T&Cs, which may be updated by the NSW Food Authority from time to time without notice
- to regularly check for updates to these T&Cs. When using the Food Labelling Assistant Tool, you are agreeing to the T&Cs effective at that time.
3. Your Acknowledgement
You acknowledge that:
- the results provided by the Food Labelling Assistant Tool will depend on the information you submit, and will reflect any inaccuracies in that information
- you must make your own assessment as to the quality and suitability of the Food Labelling Assistant Tool for your purposes
- you must not rely on the Food Labelling Assistant Tool and Data alone but should consult other sources and get professional advice on your specific labelling requirements
- you are responsible for ensuring your food labelling and advertising complies with all applicable standards and legislation, in particular:
- the Australia New Zealand Food Standards Code developed by Food Standards Australia and New Zealand (FSANZ)
- the Food Act 2003 (NSW)
- requirements of the Australian Competition & Consumer Commission
- requirements of the Australian Government National Measurement Institute.
4. Using the Food Labelling Assistant Tool and App
You must not:
- interfere with the Food Labelling Assistant Tool or servers or networks connected to the Food Labelling Assistant Tool
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Food Labelling Assistant Tool
- transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature
- reverse engineer or otherwise attempt to extract any of the source code.
You acknowledge that the Food Labelling Assistant Tool is not to be used for:
- Special Purpose foods such as:
- Infant formula
- Food for infants
- Formulated meal replacements
- Formulated supplementary foods
- Foods for special medical purpose
- Drinks with complex labelling requirements, such as:
- Alcoholic drinks
- Formulated caffeinated drinks
- Electrolyte drinks
- Drinks made from cereals, nuts and/or seeds
- Drink bases (solid or liquid) that are used to make any of the drinks above
5. Data
The NSW Food Authority grants you a licence to use the Data for your personal use in accordance with these T&Cs. The licence is not exclusive. The licence lasts only for the period that you are permitted to access the Food Labelling Assistant Tool.
You must not:
- reproduce, copy, publish, distribute, disseminate, sell or otherwise use the Data contained in the Food Labelling Assistant Tool in any manner not expressly authorised by these T&Cs or the NSW Food Authority
- use the Data in any manner that would violate any law or infringe any person’s privacy or intellectual property rights
- corrupt or introduce any errors or virus into the Data
- use the Data except in compliance with the NSW Food Authority’s directions.
6. Availability and access
The NSW Food Authority:
- may suspend or take down the Food Labelling Assistant Tool temporarily or permanently at any time for any reason, including for scheduled outages
- does not warrant that your access to the Food Labelling Assistant Tool will be uninterrupted, continuous or free from any software virus or other harmful component.
The NSW Food Authority may:
- limit, suspend or terminate your access to the Food Labelling Assistant Tool at any time for any reason
- limit the range of Data or information which you can access
- change the way in which you access the Food Labelling Assistant Tool
- monitor your use of the Food Labelling Assistant Tool.
7. Your information
You acknowledge that:
- the NSW Food Authority does not monitor general use of the Food Labelling Assistant Tool and does not provide advice on the information you enter
- the NSW Food Authority may use the information which you submit through the Food Labelling Assistant Tool for educational and administrative purposes
- if the information you submit includes your “personal information” as defined under the Privacy Law, the privacy clause below applies.
8. Privacy
Your personal information: The NSW Food Authority may collect and store your personal information, internet protocol addresses and other identifying data for:
- any purposes related to the App;
- internal administration and audits.
The NSW Food Authority may disclose this information to other agencies and third parties for those purposes. You may request access to, and correct details of, your personal information held by the NSW Food Authority by contacting: food.contact@dpi.nsw.gov.au
9. Intellectual property
The Crown in right of the State of NSW, or third parties, owns the intellectual property rights in the Data and the App. You must not infringe those intellectual property rights. You must promptly report to the Department any infringement or suspected infringement of those intellectual property rights.
10. No warranty
The NSW Food Authority does not give any warranty, condition or undertaking (whether express or implied, statutory or otherwise) as to the accuracy, completeness, quality, fitness for purpose, or currency of the information and Data contained in the Food Labelling Assistant Tool. All such warranties, conditions and undertakings are excluded from these T&Cs to the extent permitted by law.
11. Liability and Indemnity
You are solely responsible for any damage or loss of Data caused by you or your device that results from your use of the Food Labelling Assistant Tool or your breach of these T&Cs.
You acknowledge that the Food Labelling Assistant Tool and the Data are made available on the basis that, to the extent permitted by law, the NSW Food Authority excludes all liability (including for negligence) to you for any cost, loss or damage (whether direct, indirect, consequential or special) incurred or arising from your, or any other person’s, use or reliance on the Food Labelling Assistant Tool or the Data whether caused by any error, failure, omission or misrepresentation in the App or the Data or otherwise.
Without limiting the NSW Food Authority’s common law rights, you must indemnify and keep indemnified the NSW Food Authority from and against all actions, proceedings, claims, demands, costs, losses and damages which may be brought by any third party as a result of or in connection with your breach of these T&Cs.
12. General
The defined terms in these T&Cs have the following meanings:
- "Food Labelling Assistant Tool" means the website application that enables you to enter, navigate and access information on food labelling requirements.
- “NSW Food Authority” means the NSW Food Authority representing the Crown in right of the State of New South Wales.
- “Data” means the information which the NSW Food Authority, other agencies or third parties make available on the Food Labelling Assistant Tool, such as food label requirements or food labelling examples.
- “Privacy Law” means the Privacy and Personal Data Protection Act 1998 (NSW) and its associated regulations and instruments.
- “T&Cs” means these terms and conditions, as the Department may amend from time to time by posting online.
These T&Cs are construed according to the laws of NSW, and you agree to submit to NSW jurisdiction.
If any provision of these T&Cs is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute or regulation it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
13. Help
If you have questions or complaints about the Food Labelling Assistant Tool, the Data or these T&Cs you may contact the NSW Food Authority at: food.contact@dpird.nsw.gov.au