Section VI.   Consumer complaints

Misuse of the Badges, Logos and Trade Marks, whether by a licensee or a non-licensee, is a serious matter which could undermine the integrity and reputation of the classifications in the eyes of licensees and consumers.

AIUC Global undertakes to investigate every such complaint received, and to keep all parties to each complaint informed as to its progress and outcome.

The conditions provided at Section VII of this Code of Practice establish a complaints and dispute resolution process that applies to AIUC Global, to every licensee and non licensees.

The process includes a compliance investigation phase, an appeals mechanism involving assessment of the complaint by AIUC Global and the possible initiation of an independent compliance audit to determine compliance with the rules and conditions.

Section VII.   Conditions of Use

7.01   General

1. AIUC Global Pty Ltd (“AIUC Global”) is the registered owner of the certification Trade Mark incorporating the AI Usage Classifications™ Phrases.

2. AIUC Global may authorise the use of the Logos, Badges and Trade Marks for administrative, educational, advertising and promotional purposes by specified persons on terms determined from time to time by the Board, consistent with the objectives of the Code of Practice.

3. AIUC Global may authorise the reproduction of the Logos, Badges and Trade Marks in publications such as textbooks and newspaper or magazine articles.

4. These rules and conditions do not take precedence over any Commonwealth, State or Territory statutory requirement.

5. Consistent with its role under the Trade Marks Act 1995, the rules and conditions for use of the Logo included in this code of practice are being considered by the Australian Competition and Consumer Commission having regard to and satisfying itself in relation to competition and consumer protection principles.

6. Any amendment to these rules and conditions must be approved by the Australian Competition and Consumer Commission and subsequently lodged with IP Australia and made available for public inspection.

7. AIUC Global will advise all licensees of any change to these rules and conditions as soon as is practical.

7.02   Licensing

8. Any business, organisation or sole trader can apply for a licence to use the Classifications and Licence badges and labels by completing and lodging the licence application on the AIUC Global website.

9. AIUC Global Pty Ltd (“AIUC Global”) is the only organisation/individual who may provide permission for business, organisation or sole trader to use Logos, Badges and Trade Marks.

10. AIUC Global will approve an application for a new licence or renewal of an existing licence where AIUC Global is satisfied that:

a.   the applicant has received a copy of the rules and conditions relating to the use of the Licence and Classification Badges and agreed to abide by the rules and conditions; and

b.   the applicant has accepted the required Licensee Undertaking or (for applicants based outside Australia) Licence Agreement; and

c.   the applicant has paid the necessary fees (in accordance with the calculator that can be found in the License section of the AIUC Global website www.aiuc.global.); and

d.   the granting of such a licence is not likely to bring the Classification or AIUC Global into disrepute as defined by AIUC Global;

11. AIUC Global approval of a licence application will be evidenced by issuing a licence confirmation that is valid for the period specified on the licence and.

a.   Licensed badges

i) For ongoing licences, the issue of the relevant licence based badge OR

ii) For individual artefacts, content, products and systems -  the specific Classification Badge that has been applied for; and

b.   Provision of access to the guidance and tools to select the relevant classifications (e.g. the AIUC Navigator).

12. The right to claim the existence of the licence expires upon the termination or expiry of the licence and the access to the Classification and Licence Badge images must be removed immediately upon termination or expiry.

13. Where an application for a new licence or renewal is refused by AIUC Global on the grounds of failure to meet the requirements set out in Condition 22 and 23, the applicant may request a review of the decision by the AIUC Global licence management team. Decisions of the AIUC Global licence management team are binding on all parties.

7.03   Declarations

14. Any business, organisation or sole trader that makes a declaration as part of their licence, whether to AIUC Global or to internal or external stakeholders, demonstrates a legal declaration of the following:

a.   They have reviewed and are familiar with the confidentiality requirements, liability clause and complaints process reference provided in this document and the AI Usage Classification™ Usage Rules and general conditions in the Code of Practice for the classification of the artefact, content, product or system described in the declaration.

b.   To the best of their knowledge, information, and belief, the AI Usage Classification has been applied in alignment with the rules set out in the Code of Practice and is correct and complete in all material respects.

c.   They understand that the information provided in this declaration will be made publicly available on the Public Licensee Register on the AIUC Global website, and have not included any personal, private, sensitive or confidential information unless authorised in writing by the person or entity concerned.

d.   They confirm that the submission does not infringe any third-party rights, including intellectual property, privacy, and confidentiality rights, and complies with all applicable laws.

e.   They understand that providing false, misleading, or unauthorised information in this declaration may constitute a serious offence under applicable laws and may result in legal action, withdrawal of classification, or other sanctions.

f.   They acknowledge that AIUC Global (the Licensor) is entitled to rely on the accuracy and completeness of this declaration without independent verification, and that the Licensor is not liable for any loss, damage, claim, or expense arising from any inaccuracy, omission, unauthorised disclosure, or misrepresentation in this declaration. They agree to indemnify and hold harmless the Licensor against any such loss, damage, claim, or expense.

15. AIUC Global will not certify the accuracy of the declaration generated through the use of AIUC Global tools, or in other forms and mediums.

16. The declaration can be submitted to 3rd parties where required.

7.04   Licensee Register

17. AIUC Global will maintain a register of the following details relating to each engaged potential, current, former and refused licensee or interested parties:

a.   Individual or registered business name;

b.   trading name/s;

c.   Australian Business Number or Australian Company Number (where applicable) or International business registration number;

d.   Street address;

e.   Postal address;

f.   Business telephone number;

g.   Business email

h.   Current and past nominated contact officers and title of that officer and their business email and phone number; and

i.   IDs of generated declarations; and

j.   License engagement information (including licence information, start and end date, engagement with marketing materials etc.); and

k.   Notes made during customer engagement; and

l.   Feedback, complaints or disputes raised.

18. AIUC Global will publish a Public Licensee Register of the following details relating to each current and former licensee:

a.   Individual registered business name;

b.   trading name/s;

c.   Australian Business Number or Australian Company Number (where applicable) or International business registration number; and

d.   Suburb/City and Country of address; and

e.   Start and finish dates of current and past licensing agreements.

f.   Name of one off licensed artifact

g.   Publication/release date of one off licensed artifact

19. The published licensee register will be made available for inspection by any party, on the AIUC Global website found at www.aiuc.global.

20. A licensee must notify AIUC Global within 30 days of any change to the details relating to that licensee contained on the licensee register.

 

7.05   Change to representation

21. AIUC Global reserves the right to direct a licensee, thought the nominated contact, to change the representation used of the Logos, Badges and Trade Marks where AIUC Global believes that the representation does not align to Section V of the Code of Practice.

7.06   Obligations on the Licensees

22. Each licensee must:

a.   Establish or update policies and procedures, to meet their obligation under these conditions and to ensure consistent application across the organisation.

b.   Provide an organisational key contact point for all auditing and escalation communications.

c.   Ensure all internal and authorised external users of the AIUC Logos, Badges and Trade Marks have undertaken the relevant training so they can correctly apply and communicate the classifications on artefacts, content, products and systems.

d.   Ensure that all placement of the Logos, Badges and Trade Marks are in alignment with Section V. of this Code of Practice.  

e.   Ensure that the selection of the appropriate Badges or Trade Marks is undertaken in alignment with

f.   Periodically assess how the AIUC Logos, Badges and Trade Marks are being used across the organisation and whether the usage aligns with policy, risk appetite, and stakeholder needs.

g.   Permit AIUC Global and any auditor appointed by AIUC Global to obtain access to such records and to make such inspections and enquiries as are necessary to establish whether the AIUC Badges, Logos or Trade Marks have been used in accordance with these conditions and provide access to information about the policies and systems maintained under Condition 22.a. sufficient to establish their effectiveness.

h.   Where relevant, report AIUC Logos, Badges and Trade Marks usage externally to support accountability, trust and leadership within the sector.

i.   Disallow placement of the AIUC Logos, Badges and Trade Marks on artefacts, content, products or systems that are likely to bring the AIUC Logos, Badges and Trade Marks into disrepute.

j.   Ensure valid AIUC Global licence is in place for the duration of usage of AIUC Logos, Badges and Trade Marks on artefacts, content, products or systems.

23. Each individual using the classifications must:

a.   Have the authority through a license to use the AIUC Logos, Badges and Trade Marks in accordance with these conditions.  

b.   Be familiar with the definitions and the intent of each classification to ensure consistent application.

c.   Complete the relevant training for the content type that you are creating.

d.   Classify artefacts, content, products or systems using the AIUC Badges, based on actual AI involvement, not assumed intent or desired perception.

e.   Consider the potential impact of AI use on accuracy, audience understanding and trust and escalate concerns where appropriate.

f.   Not place AIUC Logos, Badges and Trade Marks on artefacts, content, products or systems that are likely to bring the AIUC Logos, Badges and Trade Marks into disrepute.

g.   Keep up to date with any changes to the classifications, guidance and organisational policies, or relevant industry guidance.

24. A licensee shall not misrepresent the scope of its licence nor use the Logo in any manner which contravenes the rules and conditions for its use.

25. Every licensee is liable in relation to the compliance of its usage of the Badges, Logos or Trade Marks.

26. A licensee shall not misrepresent the scope of its licence nor use the Badges, Logos or Trade Marks in any manner which contravenes the rules and conditions for its use.

27. The Badges, Logos or Trade Marks are available for use by each licensee in relation to the artefacts, content, products or systems for the duration of the licensed period, in accordance with these rules and conditions, and then only where the use of the Badges, Logos or Trade Marks is in accordance with these rules and conditions and where the use of the Badges, Logos or Trade Marks and associated representations does not conflict with any underlying statutory obligation.

7.07   Compliance process audits

28. A licensee may be required, from time to time, to permit audit activity by an independent compliance auditor, who will independently determine the compliance of that licensee with these rules and conditions. Such activity may include interviews with the licensee and inspection of the generation, creation, design or development of artefacts, content, products or systems as well as the inspection of relevant documents in accordance with Condition 14. Documents requested by the independent auditor may include sworn statutory declarations of compliance from time to time.

29. For licensees that purchase an AIUC Process Audit, AIUC Global shall conduct an annual compliance audit, to be carried out by either by AIUC Global or an independent auditor of a sample of licensees selected at random from its licensee register.

30. The independent compliance auditor will be appointed and remunerated by AIUC Global.

31. The independent compliance auditor must

a.   hold appropriate tertiary or professional qualifications, or have appropriate industry experience; and

b.   be appointed by AIUC Global.

32. The independent compliance auditor will report to AIUC Global in relation to the compliance of licensees with these rules and conditions.

33. AIUC Global and every licensee shall abide by the procedures for complaints and dispute resolution in response to audits as set out in these rules and conditions.

7.08   Complaints received by AIUC Global

34. Where AIUC Global receives a complaint about the use of the Badges, Logos or Trade Marks:

a.   it will inform the complainant, by email within 14 days of receiving the complaint, what actions the complainant may themselves take to pursue the matter, including their statutory consumer rights, and what actions will be taken by AIUC Global to investigate and resolve the complaint.

b.   AIUC Global will then initiate a compliance investigation in relation to the complaint.

35. AIUC Global shall follow the following procedures in relation to complaints:

a.   Where the complaint involves use of the Badges, Logos or Trade Marks by a licensee:

i) AIUC Global will issue to that licensee a notice advising that a complaint has been received and describing the nature of the complaint together with a request for relevant compliance-related information.

ii) Upon receiving such notification from AIUC Global, the licensee will respond in accordance with condition 36.

iii) AIUC Global will evaluate the licensee’s response to determine whether or not the complaint is valid. This evaluation may include further investigations and enquiries.

iv) As part of the compliance investigation process, AIUC Global may require a licensee to undergo an independent compliance audit, conducted according to these rules and conditions.

v) Should the compliance investigation determine that the complaint against the licensee is valid, the sanctions detailed in condition 43 become available to AIUC Global.

b.   Where the complaint involves use of the Badges, Logos or Trade Marks by a non-licensee:

i) AIUC Global will write to the non-licensee in question setting out the circumstances under which the Logo may legally be used and requesting that the non-licensee take action to rectify the situation.

ii) if the complaint has not been resolved within one month of the initial notice, AIUC Global may have recourse to other action, including legal action and referral of the complaint to appropriate state or federal bodies.

36. Where a licensee receives a complaint about its use of the Badges, Logos or Trade Marks, it will respond to the complainant in writing within 14 days of receiving the complaint. The licensee will take all reasonable steps, in good faith, to resolve the complaint raised to them by AIUC Global.

a.   In its response to the complainant, the licensee will explain the basis upon which the claim in question is or is not justified and what corrective action (if any) has been taken to remedy the complaint.

37. AIUC Global will, in writing and within 14 days of receiving a compliance investigation response, indicate to all parties to the dispute whether AIUC Global is satisfied that the licensee is complying with these rules and conditions, what actions have been taken as a result of the compliance investigation and whether AIUC Global intends to pursue the matter further. If AIUC Global does not intend to pursue the matter further, its response to the complainant should indicate that statutory consumer rights of action may be available.

7.09   Termination of Licence

38. AIUC Global will have the right to terminate a licence by notice in writing to a licensee upon the happening of any of the following events:

a.   If the licensee challenges AIUC Global’s rights as the registered owner of the certification Trade Mark.

b.   A licensee wishing to terminate or not renew a licence shall give AUIC Global notice in writing and shall pay all licence outstanding fees as of the date such termination takes effect.

c.   The licence must be kept in force and the appropriate licence fee paid while the licensee is still applying the Logos, Badges and Trade Marks to newly created or updated artefacts, content, products and systems.

39. AIUC Global reserves the right to terminate a licence if the licensee is found to not be compliant with the requirements set out in Condition 22 and 23, and the broader conditions in the Code of Practice.

40. Notwithstanding that AIUC Global may terminate a licence under condition 38(a) by written notice, a terminated licence may be reinstated where the former licensee completes the required renewal process and pays the applicable fees (according to the calculator that can be found in the Pricing section of the AIUC Global website www.aiuc.global), including any outstanding amounts. Fees payable in this circumstance will be calculated as if the licence remained in force after its expiry date.

41. Following termination of a licence, the licensee must:

a.   within 30 days or some other period determined by AIUC Global, cease to use the Badges, Logos and Trade Marks in any manner whatsoever and will not at any time thereafter use the Badges, Logos or Trade Marks or any other name or sign that is deceptively similar to the Badges, Logos or Trade Marks; and

b.   immediately stop applying the Logos, Badges and Trade Marks to newly created or updated artefacts, content, products and systems.

c.   from the date of termination, not hold itself out as being in any way associated with AIUC Global or the Logos, Badges and Trade Marks.

7.10   Breaching Conditions

42. A breach of these rules and conditions by a licensee constitutes immediate grounds for the imposition of appropriate sanctions by AIUC Global.

43. The following sanctions are available to AIUC Global:

a.   withdrawal of offending representations and/ or publication of corrective statements, at the expense of the licensee and as directed by the Chief Executive Officer or Chief Innovation Officer of AIUC Global;

b.   naming and publication of details of a breach of these rules and conditions in the annual report of AIUC Global;

c.   recovery of any underpayments of licence fees;

d.   suspension of a licence for a specified period; and

e.   termination of a licence under Condition 38 and 39.

44. In instances where a sanction is imposed on a licensee by AIUC Global, the licensee may request a review of the decision, to be conducted according to the procedures outlined in Condition 13.

45. In any instance where AIUC Global suspends or revokes a licence in accordance with these rules and conditions, or where a licensee voluntarily terminates their licence, all licence fees are forfeited to AIUC Global.

​

Section VIII.   Warranty and indemnity

8.01   Warranty by the Licensee

1. In consideration of being authorised to use the Trade Marks by the Licensor and in accordance with Part III of the Code of Practice, the Licensee warrants that:

a.   the Licensee agrees to be bound by the rules and conditions outlined in the Code of Practice;

b.   the Licensee will ensure that the artefacts, content, products and systems at all times comply with the rules and conditions for the use of the Trade Marks as detailed in the Code of Practice and, in particular, that each of the artefacts, content, products and systems meets the relevant criteria set out in the Code of Practice for use of the Badges or Trade Marks.

c.   the Licensee will maintain documentary records sufficient to demonstrate the compliance of the artefacts, content, products and systems with the relevant criteria set out in the Code of Practice;

d.   the Licensee will cooperate fully with the Licensor or its representatives if required to submit to a compliance audit or investigation in respect of its use of the Badges and Trade Marks;

e.   all material published by the Licensee on the AIUC Global website is true and correct, complies with the law and does not infringe the rights of any third party;

f.   any sales information provided to the Licensor as the basis for calculation of any licence fee payable under the Code of Practice will be an accurate statement of actual sales or an honest projection of estimated sales of the Products, as the case may be; and

g.   the person signing this warranty and indemnity is authorised to do so on behalf of the Licensee.

8.02   Indemnity by the Licensee

1. The Licensee must indemnify and keep indemnified the Licensor against any claims made by any third person in connection with the Licensee’s use of the Trade Marks.

2. The Licensee will also indemnify the Licensor against all losses, costs, demands, expenses and liabilities whatsoever arising out of or referable to any circumstances which would not have arisen but for a breach of the warranties given in clause 8.01.

8.03   Continuing Obligation

The indemnity stated in clause 8.02 is a continuing obligation separate and independent from the Licensee’s obligations under Code of Practice and survives the term of any authorisation to use the Trade Marks granted to the Licensee pursuant to the Code of Practice. It is not necessary for the Licensor to incur any expense or make payment before enforcing such indemnity.

8.04   Governing Law

This warranty and indemnity will be construed in accordance with and be governed by the laws of the State of Western Australia and the parties hereby submit to the jurisdiction of the Courts of the State of Western Australia including the Federal Court of Australia.