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11. OwnershipoftheVeganAustraliaCertifiedLabelandpowersofVegan Australia

Ownership of the Australian Vegan Certified Label and the powers of Vegetarian Australia

11.1. Vegan Australia is the owner of the Vegan Australia Certified Label and isthe only entity empowered to authorise the use of the Vegan Australia Certified Label.

Vegetarian Australia is the owner of the Australian Certified Vegetarian label and is the only entity authorised to authorise the use of the Australian Certified Vegetarian label.

11.2. TheVeganAustraliaCertifiedLabelmayonlybeusedby:

The Australian Vegan Certification Label may only be used by:

(a) VeganAustralia;

Australian Vegetarian Society;

(b) Applicants on Vegan Australia Certified Products in accordance with rule 10.1;and

Applicants for Australian Certified Vegetarian Products who meet the requirements of Rule 10.1

(c) Any other organisation or individual who is permitted by Vegan Australia to use the Vegan Australia Certified Label on VeganAustralia Certified Products for promotion or marketingpurposes.

Any other organisation or person, with the permission of Vegetarian Australia, may use the Australian Vegetarian Certified label on Australian Vegetarian Certified products for promotional or marketing purposes.

11.3. Use of the Vegan Australia Certified Label in accordance with these rules willnot affectthepropertyorotherrightsintheVeganAustraliaCertifiedLabel.

The use of the Australian Vegan Certified Label in accordance with these Rules does not affect the property or other rights of the Australian Vegan Certified Label.

11.4. If any Applicant is or becomes aware of any unauthorised use of the Vegan Australia Certified Label or similar mark, it will immediately bring this to the attention of Vegan Australia which may take any action it deems appropriatein thecircumstancetoprotectandenforceitsrightsinthatmark.

If any applicant becomes aware of or becomes aware of any unauthorised use of the Australian Vegan Certified label or similar mark, this will be brought immediately to the attention of Vegan Australia and Vegan Australia may take any action it deems appropriate to protect and enforce its rights in that mark.

11.5. No Applicant may commence any infringement or other legal action in connectionwiththeuseoftheVeganAustraliaCertifiedLabelorsimilarmark byathirdpartywithoutthepriorwrittenconsentofVeganAustralia.

No infringement or other legal action may be brought by any third party in relation to the use of the Australian Vegan Certified label or similar trademarks without the prior written consent of Vegan Australia.

11.6. Vegan Australia has the right to delegate any one or more of its powers in relation to these rules to an appropriately qualified and independentnominee appointed in writing. The decision of any such delegate will be binding and effective in the same way as any decision made by Vegan Australia in accordance with theserules.

Vegetarian Australia is entitled to delegate any one or more of its powers in relation to these Rules to a suitably qualified and independent nominee appointed in writing. The decisions of any such delegate shall be binding and have the same force and effect as decisions of Vegetarian Australia made under these Rules.

12. Dispute Resolution

12.1. AnApplicantmayrequestreconsiderationofanydecisionwhichrelatestoany act or application in connection with these rules, by providing written notification to VeganAustralia.

An applicant may request reconsideration of any decision relating to this Rule or the Act by providing written notice to Vegetarian Australia.

12.2. WherethedisputerelatestoadecisionmadebyVeganAustraliainrelationto the failure of an application forCertification:

If the dispute relates to a decision by the Vegetarian Society of Australia regarding an unsuccessful application for accreditation:

(a) written notification of an intention to appeal the decision must be sent to the Chairperson of the Vegan Australia board of directors withinten(10)businessdaysofreceiptoftheinitialrefusal;and

The applicant must send written notice of their appeal against the decision to the Chair of the Vegan Australia Board within ten (10) business days of receiving the initial refusal;

(b) an appeals committee established by VeganAustralia will be convened within ten (10) business days to hear the matter upon receipt of the letter notifying intention toappeal.

The Appeals Committee established by the Vegetarian Society of Australia will meet to hear the matter within ten (10) business days of receipt of the letter notifying you of your intention to appeal.

12.3. Thedecisionofthecommitteedescribedinrule12.2(b)isfinalandbinding upon both Vegan Australia and theApplicant.

The decision of the Committee referred to in Rule 12.2(b) shall be final and binding on Vegetarian Australia and the applicant.

12.4. Where the dispute relates to any other matter, one or more Vegan Australia representatives will meet with the disputant within ten (10) business days of receiving the written notice under rule 12.1 to try to resolve the dispute. A meeting between the parties will either be held at the regular businessoffices ofVeganAustralia,alocationasagreedbytheparties,orviateleconference.

If the dispute relates to any other matter, then upon receipt of written notice in accordance with Rule 12.1, one or more representatives of Vegetarian Australia will meet with the disputants within ten (10) business days to resolve the dispute. The meeting between the parties will take place at the usual business offices, at a location to be agreed upon by the parties, or by conference call.

12.5. If the dispute is not resolved at the meeting described in rule 12.4, the parties agree to appoint, within one month of that meeting, an appropriately qualified independent person or body to hear and make a determination on the dispute. Intheeventthatthepartiescannotagreeonapersontodeterminethedispute, the Chairperson of the Vegan Australia board of directors will be given the authority to nominate and appoint such a person. The parties agree that any decision made by the independent person appointed to resolve the dispute will be confidential and be binding on theparties.

If the dispute is not resolved at the meeting referred to in clause 12.4, the parties agree to appoint an appropriately qualified independent person or body to hear and determine the dispute within one month of that meeting. If the parties cannot agree on a person to determine the dispute, the Chair of the Board of Directors of the Vegetarian Society of Australia will have the authority to nominate and appoint that person. The parties agree that any decision made by the independent person appointed to determine the dispute will be confidential and binding on both parties.

13. Revocation of Vegan Australia Certifiedrights

Revocation of Vegan Australia certification rights

13.1. Vegan Australia may revoke the Certification of a Vegan Australia Certified Product on reasonablegrounds.

Vegetarian Australia may withdraw the certification of an Australian Certified Vegetarian product for reasonable grounds.

13.2. Reasonablegroundsforrevocationinclude,butarenotlimitedto:

Reasonable grounds for revocation include but are not limited to:

(a) BreachofanyoftheserulesbyanApplicant;

The applicant violates any provision of these rules;

(b) Failure of the Applicant to maintain the criteria upon which the Certification was granted for the Products including paymentof licencefees;

the applicant’s failure to maintain the standards under which the product is certified, including payment of licensing fees;

(c) Submission of false or misleading information by an Applicant to VeganAustraliarelatingtoitsapplicationforCertificationorinthe course of regular correspondence or anyAudit;

An applicant submits false or misleading information to Vegetarian Australia in connection with an application for accreditation, or in any regular correspondence or during any audit;

(d) FailuretosubmitrequireddocumentationaspartofanAuditinthetime frame specified by VeganAustralia;

Failure to submit required documentation as part of an audit within the timeframe specified by Vegetarian Australia;

(e) AnyrealandseriousreputationalrisktoVeganAustralia,Vegan Australia Members and affiliated partner organisations and individuals.

Any real and serious reputational risk to Vegan Australia, Vegan Australia members, affiliated partner organisations and individuals.

13.3. Applicants which have had their Certification revoked in accordance with these rulesmayaftertwelve(12)monthsreapplyforCertificationinaccordancewith the standard Certificationprocess.

An applicant whose certification has been revoked under these rules may reapply for certification after twelve (12) months in accordance with the standard certification procedures.

14. General

14.1. Vegan Australia does not warrant or represent that the use of the Vegan Australia Certified Label is guaranteed to confer any financial or other benefit on an Applicant, and to the full extent permitted by law, Vegan Australia excludes all liability for loss, damage or liability suffered or incurred by an Applicant in reliance on the Vegan Australia Certified Label. To the extent that anyliabilityofVeganAustraliaisnotexcludedbythisruleitislimited,tothefull extent permitted by law, to an obligation to supply the relevant services that it has provided under theserules.

Vegetarian Australia makes no warranty or representation that the use of the Vegetarian Australia Certified Label will guarantee any financial or other benefit to the Applicant and, to the maximum extent permitted by law, Vegetarian Australia disclaims any liability for damages suffered or incurred by the Applicant as a result of reliance on the Vegetarian Australia Certified Label. Subject to these Rules, Vegetarian Australia is limited to its obligation to provide the relevant services set out in these Rules to the maximum extent permitted by law.

14.2. While Vegan Australia will use reasonable efforts to ensure that all uses of the Vegan Australia Certified Label are made in accordance with these rules, it will notbeheldresponsibleforanydamage,lossorliabilitysufferedorincurredby any Applicant by the breach of these rules by another Applicant or by any use oftheVeganAustraliaCertifiedLabelbyanyotherparty.

Vegetarian Australia will use reasonable endeavours to ensure that all use of the Australian Vegetarian Certified Label complies with the provisions of these Rules, but Vegetarian Australia accepts no responsibility for any loss or liability suffered or incurred by any applicant as a result of another applicant’s breach of these Rules or the use of the Australian Vegetarian Certified Label by any other party.

14.3. Vegan Australia shall establish and maintain a register which shall contain details of all licensed users of the mark. The register shall be kept at the principal office of Vegan Australia and shall be open to the inspection of the publicduringthenormalbusinesshoursofthesaidprincipaloffice.

Vegetarian Society Australia shall establish and maintain a register which shall contain the details of all licensed users of the Trademarks. The register shall be kept at the head office of Vegetarian Society Australia and shall be open to public inspection during the normal business hours of that head office.

14.4. Applicants who use the Vegan Australia Certified Label pursuant to these rules donotdosoasagentsoractorsof VeganAustralia. VeganAustraliaacceptsno responsibilityfortheactsoromissionsofanyusebytheApplicantoranyother party.

An applicant using the Australian Vegan Certified Label under these Rules shall not be acting as an agent or agent of Vegetarian Australia. Vegetarian Australia shall not be liable for any acts or omissions of the applicant or any other party in relation to any use thereof.

14.5. Vegan Australia may amend these rules from time to time with the prior consent of the Australian Competition and Consumer Commission. Any changes which have an effect on Applicants will be advised by Vegan Australia in writing toallApplicantswithinten(10)businessdaysoftheamendedrulescominginto operation.

Vegetarian Australia may amend these Rules from time to time with the prior consent of the Australian Competition and Consumer Commission. Vegetarian Australia will notify all applicants in writing of any changes that affect them within ten (10) business days of the amended Rules coming into effect.