OBLIGATIONS OF THE BUSINESS. 8.1 The Business or Authorised User shall not assume that animals or goods sold to it by another Member are the property of that Member (and therefore covered by the Regulations and equivalent terms and conditions to those contained in this Agreement) but shall verify the same in accordance with the terms of the Food Safety Act 1990. 8.2 The Business or Authorised User shall immediately and no later than 24 hours contact RSPCA Assured by telephone or by email of any of the following as applicable: 8.2.1 any suspected or confirmed notifiable disease/s; 8.2.2 any withdrawal/recall of Certifiable Goods bearing the Certification Mark and the reasons for such withdrawal/recall; 8.2.3 any mislabelling of Certifiable Goods bearing the Certification Mark and the reasons for such mislabelling; 8.2.4 If the Business or Authorised User is charged with any offence involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce or any food safety or environmental breaches. 8.3 The Business or Authorised User shall within 5 working days, contact RSPCA Assured by telephone or by email of any of the following, as applicable; 8.3.1 any change in the source or type of Certifiable Goods which will bear the Certification Mark; 8.3.2 any change of telephone number, fax number or email address of the Member and/or Business; 8.3.3 any change of the address of the Member and/or Business where the Certifiable animals are held; 8.3.4 any change of ownership of the Business with full details of that change; 8.3.5 any non-routine attendance by Trading Standards, Animal Health and Veterinary Laboratories Agency, the police, the RSPCA or other investigatory body and the circumstances arising from such an attendance; 8.3.6 any actual or suspected break-in, surveillance and/or other activity of an RSPCA Assured site, unit or house by representative(s) of an animal rights/activist individual, group or organisation; 8.3.7 any exceptionally high mortality of RSPCA Assured animals, or outbreak of a notifiable disease on a site where RSPCA Assured animals are present (and an exceptionally high mortality is where the mortality (including culls) for a group of animals that occupy a house or area of holding at the same time is outside the normal, expected or acceptable range for those animals at the same stage of production on that site, such mortality typically caused by a single, exceptional event, such as an infectious disease outbreak, an instance of severe uncontrollable natural force or extreme weather, an emergency event, or an outbreak of injurious behaviour); or 8.3.8 any participation or consideration of participation in a Government-led cull of wild animals together with relevant written documentation to demonstrate compliance with RSPCA welfare standards; and In relation to any of the changes, save those indicated in Clause 8.3.2 (telephone, fax and email details), an assessment visit may be required. 8.4 The Business or Authorised User’s Membership and/or Certificate{s) may be suspended or withdrawn in accordance with Clause 10 or Clause 11 below in relation to any of the circumstances set out in Clause 8.2 and 8.3 save change of telephone number, fax number or email number as set out Clause 8.3.2 8.5 The Business or Authorised User shall immediately inform RSPCA Assured of any other changes in circumstances that are relevant to its Membership and the provisions of this Agreement and its ability to comply with the Standards & Requirements and, where the Business is an Authorised User, the Regulations. The Business shall allow RSPCA Assured access to all relevant documentation and materials and premises for the purpose of investigating any such change in circumstances. 8.6 The Business or Authorised User shall only use the Certification Mark as permitted by this Agreement and in particular Clause 7 below and this Clause 8, and as stipulated from time to time by RSPCA Assured. 8.7 RSPCA Assured may from time to time specify words or phrases which it requires the Business or Authorised User to use in association with the Certification Mark for the purpose of making clear to potential consumers the methods of care, handling, rearing, transport, xxxxxxxxx and sale used in relation to the Certifiable Goods and/or Certifiable Animals and/or making clear that the Business or Authorised User is an Approved Farm Production Unit, Approved Haulier, Approved Abattoir, Approved Processor or an Authorised User as the case may be. 8.8 No words or phrases shall be used by the Business or Authorised User in reference to or explanation of the Certification Mark unless they are those specified by RSPCA Assured in accordance with Clause 8 or each particular usage has otherwise been approved in writing by RSPCA Assured. In the case of words and phrases approved by RSPCA Assured the Business shall assign the copyright in those words and phrases to RSPCA Assured subject to a non-exclusive licence to the Business to use them in accordance with this Agreement. 8.9 It is a condition of use that the Certification Mark shall not be used without indicating it is a certification mark, namely whenever the Business or Authorised User uses the Certification Mark, such use shall be accompanied by wording underneath indicating it is a certification mark in the form indicated on the first page of this Agreement or as set out in RSPCA Assured Logo Use Guidelines. 8.10 The Business or Authorised User must seek and obtain RSPCA Assured’s prior written approval of the design and colour of all labels, material or other matter on which the Certification Mark appears or on which it is otherwise identified or referred to by the Business or Authorised User. 8.11 The Business or Authorised User shall not omit part of or make any additions or alterations to the Certification Mark. 8.12 The Business or Authorised User shall only use the Certification Mark for the purposes authorised in this Agreement and, in particular, shall not use the Certification Mark in any way which would tend to allow it to become generic, lose its distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill, reputation and image of RSPCA Assured or the RSPCA. 8.13 The Business or Authorised User shall not to do anything which would bring into disrepute RSPCA Assured, the Certification Mark or the RSPCA’s activities or trademarks. 8.14 The Business or Authorised User shall not, by virtue of this Agreement, obtain or claim any right, title or interest in or to the Certification Mark, except the rights of use as are specifically set out in this Agreement and the Business hereby transfers all goodwill in the Certification Mark generated by it to RSPCA Assured. 8.15 The Business or Authorised User shall not adopt or use any Certification Mark, trade mark, name, symbol or device which incorporates or is confusingly similar to, or is a simulation or imitation of, the Certification Mark or unfairly competes with it. The Business or Authorised User shall not at any time, whether during or after cancellation of this Agreement, apply anywhere in the world to register any marks and/or name/s and/or symbols and/or devices identical to or so nearly resembling the Certification Mark and/or name/s as to be likely to deceive or cause confusion. 8.16 The Business or Authorised User shall not at any time use the Certification Mark or the names “Freedom Food”, “RSPCA” or “RSPCA Assured” as part of any corporate, business or trading name or style other than in accordance with this Agreement. 8.17 The Business or Authorised User shall not at any time use its possession of a Certificate as a means of qualification for, or admission to, or evidence of compliance with, any other certification scheme, any code of practice or conduct, or as a condition for the use or application of any trade mark or certification mark in connection with Certified Goods or Farm Animals, in each case without the prior written agreement of RSPCA Assured. 8.18 The Business or Authorised User shall at all times treat all representatives of RSPCA Assured and the RSPCA with respect. The Business or Authorised User’s Membership Certificate may be suspended or withdrawn if they are found to have subjected any representative of RSPCA Assured or the RSPCA to verbal abuse, harassment, intimidation and/or threatening behaviour. 8.19 The Business or Authorised User shall at all times keep the premises clean, tidy and in a good state of repair. This includes, but is not restricted to, the maintenance of vehicles, machinery, pathways, gates, fences and buildings, and removal of disused vehicles and machinery. 8.20 The Business of Authorised User shall at all times, and without prior notice being required, allow RSPCA Assured assessors and RSPCA farm livestock officers to access their premises, facilities, livestock, produce and records to confirm compliance with the RSPCA welfare standards, RSPCA Assured traceability standards and the terms of this agreement, as applicable. 8.21 The Business or Authorised User will have policies and procedures in place to ensure the humane and ethical treatment of its employees and prevent the risk of modern slavery or human trafficking. This should include, but is not limited to: 8.21.1 adherence to the Modern Slavery Act 2015; 8.21.2 operating a robust recruitment policy, including conducting ‘eligibility to work in the UK’ checks for all employees to safeguard against human trafficking or individuals being forced to work against their will; 8.21.3 operating a whistleblowing policy so that all employees know that they can raise concerns about how colleagues are being treated or practices with the Business without fear of reprisals; 8.21.4 having standards and policies in place regarding the manner in which they behave as a Business and how it expects its employees act; and 8.21.5 ensuring or requiring that each of its subcontractors and suppliers shall comply with the Anti-Slavery and Human Trafficking Policy and with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force and including the Modern Slavery Act 2015.
Appears in 3 contracts
Samples: Membership Agreement, Membership Agreement, Membership Agreement
OBLIGATIONS OF THE BUSINESS. 8.1 The Business or Authorised User shall not assume that animals or goods sold to it by another Member are the property of that Member (and therefore covered by the Regulations and equivalent terms and conditions to those contained in this Agreement) but shall verify the same in accordance with the terms of the Food Safety Act 1990.
8.2 The Business or Authorised User shall immediately and no later than 24 hours contact RSPCA Assured by telephone or by email of any of the following as applicable:
8.2.1 any suspected or confirmed notifiable disease/s;
8.2.2 any withdrawal/recall of Certifiable Goods bearing the Certification Mark and the reasons for such withdrawal/recall;
8.2.3 any mislabelling of Certifiable Goods bearing the Certification Mark and the reasons for such mislabelling;
8.2.4 If the Business or Authorised User is charged with any offence involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce or any food safety or environmental breaches.
8.3 The Business or Authorised User shall within 5 working days, contact RSPCA Assured by telephone or by email of any of the following, as applicable;
8.3.1 any change in the source or type of Certifiable Goods which will bear the Certification Mark;
8.3.2 any change of telephone number, fax number or email address of the Member and/or Business;
8.3.3 any change of the address of the Member and/or Business where the Certifiable animals are held;
8.3.4 any change of ownership of the Business with full details of that change;
8.3.5 any non-routine attendance by Trading Standards, Animal Health and Veterinary Laboratories Agency, the police, the RSPCA or other investigatory body and the circumstances arising from such an attendance;
8.3.6 any actual or suspected break-in, surveillance and/or other activity of an RSPCA Assured site, unit or house by representative(s) of an animal rights/activist individual, group or organisation;
8.3.7 any exceptionally high mortality of RSPCA Assured animals, or outbreak of a notifiable disease on a site where RSPCA Assured animals are present (and an exceptionally high mortality is where the mortality (including culls) for a group of animals that occupy a house or area of holding at the same time is outside the normal, expected or acceptable range for those animals at the same stage of production on that site, such mortality typically caused by a single, exceptional event, such as an infectious disease outbreak, an instance of severe uncontrollable natural force or extreme weather, an emergency event, or an outbreak of injurious behaviour); or
8.3.8 any participation or consideration of participation in a Government-led cull of wild animals together with relevant written documentation to demonstrate compliance with RSPCA welfare standards; and In relation to any of the changes, save those indicated in Clause 8.3.2 (telephone, fax and email details), an assessment visit may be required.
8.4 The Business or Authorised User’s Membership and/or Certificate{s) may be suspended or withdrawn in accordance with Clause 10 or Clause 11 below in relation to any of the circumstances set out in Clause 8.2 and 8.3 save change of telephone number, fax number or email number as set out Clause 8.3.2.
8.5 The Business or Authorised User shall immediately inform RSPCA Assured of any other changes in circumstances that are relevant to its Membership and the provisions of this Agreement and its ability to comply with the Standards & Requirements and, where the Business is an Authorised User, the Regulations. The Business shall allow RSPCA Assured access to all relevant documentation and materials and premises for the purpose of investigating any such change in circumstances.
8.6 The Business or Authorised User shall only use the Certification Mark as permitted by this Agreement and in particular Clause 7 below and this Clause 8, and as stipulated from time to time by RSPCA Assured.
8.7 RSPCA Assured may from time to time specify words or phrases which it requires the Business or Authorised User to use in association with the Certification Mark for the purpose of making clear to potential consumers the methods of care, handling, rearing, transport, xxxxxxxxx and sale used in relation to the Certifiable Goods and/or Certifiable Animals and/or making clear that the Business or Authorised User is an Approved Farm Production Unit, Approved Haulier, Approved Abattoir, Approved Processor or an Authorised User as the case may be.
8.8 No words or phrases shall be used by the Business or Authorised User in reference to or explanation of the Certification Mark unless they are those specified by RSPCA Assured in accordance with Clause 8 or each particular usage has otherwise been approved in writing by RSPCA Assured. In the case of words and phrases approved by RSPCA Assured the Business shall assign the copyright in those words and phrases to RSPCA Assured subject to a non-exclusive licence to the Business to use them in accordance with this Agreement.
8.9 It is a condition of use that the Certification Mark shall not be used without indicating it is a certification mark, namely whenever the Business or Authorised User uses the Certification Mark, such use shall be accompanied by wording underneath indicating it is a certification mark in the form indicated on the first page of this Agreement or as set out in RSPCA Assured Logo Use Guidelines.
8.10 The Business or Authorised User must seek and obtain RSPCA Assured’s prior written approval of the design and colour of all labels, material or other matter on which the Certification Mark appears or on which it is otherwise identified or referred to by the Business or Authorised User.
8.11 The Business or Authorised User shall not omit part of or make any additions or alterations to the Certification Mark.
8.12 The Business or Authorised User shall only use the Certification Mark for the purposes authorised in this Agreement and, in particular, shall not use the Certification Mark in any way which would tend to allow it to become generic, lose its distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill, reputation and image of RSPCA Assured or the RSPCA.
8.13 The Business or Authorised User shall not to do anything which would bring into disrepute RSPCA Assured, the Certification Mark or the RSPCA’s activities or trademarks.
8.14 The Business or Authorised User shall not, by virtue of this Agreement, obtain or claim any right, title or interest in or to the Certification Mark, except the rights of use as are specifically set out in this Agreement and the Business hereby transfers all goodwill in the Certification Mark generated by it to RSPCA Assured.
8.15 The Business or Authorised User shall not adopt or use any Certification Mark, trade mark, name, symbol or device which incorporates or is confusingly similar to, or is a simulation or imitation of, the Certification Mark or unfairly competes with it. The Business or Authorised User shall not at any time, whether during or after cancellation of this Agreement, apply anywhere in the world to register any marks and/or name/s and/or symbols and/or devices identical to or so nearly resembling the Certification Mark and/or name/s as to be likely to deceive or cause confusion.
8.16 The Business or Authorised User shall not at any time use the Certification Mark or the names “Freedom Food”, “RSPCA” or “RSPCA Assured” as part of any corporate, business or trading name or style other than in accordance with this Agreement.
8.17 The Business or Authorised User shall not at any time use its possession of a Certificate as a means of qualification for, or admission to, or evidence of compliance with, any other certification scheme, any code of practice or conduct, or as a condition for the use or application of any trade mark or certification mark in connection with Certified Goods or Farm Animals, in each case without the prior written agreement of RSPCA Assured.
8.18 The Business or Authorised User shall at all times treat all representatives of RSPCA Assured and the RSPCA with respect. The Business or Authorised User’s Membership Certificate may be suspended or withdrawn if they are found to have subjected any representative of RSPCA Assured or the RSPCA to verbal abuse, harassment, intimidation and/or threatening behaviour.
8.19 The Business or Authorised User shall at all times keep the premises clean, tidy and in a good state of repair. This includes, but is not restricted to, the maintenance of vehicles, machinery, pathways, gates, fences and buildings, and removal of disused vehicles and machinery.
8.20 The Business of Authorised User shall at all times, and without prior notice being required, allow RSPCA Assured assessors and RSPCA farm livestock officers to access their premises, facilities, livestock, produce and records to confirm compliance with the RSPCA welfare standards, RSPCA Assured traceability standards and the terms of this agreement, as applicable.
8.21 The Business or Authorised User will have policies and procedures in place to ensure the humane and ethical treatment of its employees and prevent the risk of modern slavery or human trafficking. This should include, but is not limited to:
8.21.1 adherence to the Modern Slavery Act 2015;
8.21.2 operating a robust recruitment policy, including conducting ‘eligibility to work in the UK’ checks for all employees to safeguard against human trafficking or individuals being forced to work against their will;
8.21.3 operating a whistleblowing policy so that all employees know that they can raise concerns about how colleagues are being treated or practices with the Business without fear of reprisals;
8.21.4 having standards and policies in place regarding the manner in which they behave as a Business and how it expects its employees act; and
8.21.5 ensuring or requiring that each of its subcontractors and suppliers shall comply with the Anti-Slavery and Human Trafficking Policy and with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force and including the Modern Slavery Act 2015.
8.22 The Business or Authorised User shall provide such supporting evidence of compliance as the RSPCA may reasonably request from time to time.
Appears in 2 contracts
Samples: Membership Agreement, Membership Agreement
OBLIGATIONS OF THE BUSINESS. 8.1 The Business or Authorised User shall not assume that animals or goods sold to it by another Member are the property of that Member (and therefore covered by the Regulations and equivalent terms and conditions to those contained in this Agreement) but shall verify the same in accordance with the terms of the Food Safety Act 1990Xxx 0000.
8.2 The Business or Authorised User shall immediately and no later than 24 hours contact RSPCA Assured by telephone or by email of any of the following as applicable:
8.2.1 any suspected or confirmed notifiable disease/s;
8.2.2 any withdrawal/recall of Certifiable Goods bearing the Certification Mark Xxxx and the reasons for such withdrawal/recall;
8.2.3 any mislabelling of Certifiable Goods bearing the Certification Mark Xxxx and the reasons for such mislabelling;
8.2.4 If the Business or Authorised User is charged with any offence involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce or any food safety or environmental breaches.
8.3 The Business or Authorised User shall within 5 working days, contact RSPCA Assured by telephone or by email of any of the following, as applicable;
8.3.1 any change in the source or type of Certifiable Goods which will bear the Certification MarkXxxx;
8.3.2 any change of telephone number, fax number or email address of the Member and/or Business;
8.3.3 any change of the address of the Member and/or Business where the Certifiable animals are held;
8.3.4 any change of ownership of the Business with full details of that change;
8.3.5 any non-routine attendance by Trading Standards, Animal Health and Veterinary Laboratories Agency, the police, the RSPCA or other investigatory body and the circumstances arising from such an attendance;
8.3.6 any actual or suspected break-in, surveillance and/or other activity of an RSPCA Assured site, unit or house by representative(s) of an animal rights/activist individual, group or organisation;
8.3.7 any exceptionally high mortality of RSPCA Assured animals, or outbreak of a notifiable disease on a site where RSPCA Assured animals are present (and an exceptionally high mortality is where the mortality (including culls) for a group of animals that occupy a house or area of holding at the same time is outside the normal, expected or acceptable range for those animals at the same stage of production on that site, such mortality typically caused by a single, exceptional event, such as an infectious disease outbreak, an instance of severe uncontrollable natural force or extreme weather, an emergency event, or an outbreak of injurious behaviour); or
8.3.8 any participation or consideration of participation in a Government-led cull of wild animals together with relevant written documentation to demonstrate compliance with RSPCA welfare standards; and In relation to any of the changes, save those indicated in Clause 8.3.2 (telephone, fax and email details), an assessment visit may be required.
8.4 The Business or Authorised User’s Membership and/or Certificate{s) may be suspended or withdrawn in accordance with Clause 10 or Clause 11 below in relation to any of the circumstances set out in Clause 8.2 and 8.3 save change of telephone number, fax number or email number as set out Clause 8.3.2.
8.5 The Business or Authorised User shall immediately inform RSPCA Assured of any other changes in circumstances that are relevant to its Membership and the provisions of this Agreement and its ability to comply with the Standards & Requirements and, where the Business is an Authorised User, the Regulations. The Business shall allow RSPCA Assured access to all relevant documentation and materials and premises for the purpose of investigating any such change in circumstances.
8.6 The Business or Authorised User shall only use the Certification Mark Xxxx as permitted by this Agreement and in particular Clause 7 below and this Clause 8, and as stipulated from time to time by RSPCA Assured.
8.7 RSPCA Assured may from time to time specify words or phrases which it requires the Business or Authorised User to use in association with the Certification Mark Xxxx for the purpose of making clear to potential consumers the methods of care, handling, rearing, transport, xxxxxxxxx and sale used in relation to the Certifiable Goods and/or Certifiable Animals and/or making clear that the Business or Authorised User is an Approved Farm Production Unit, Approved Haulier, Approved Abattoir, Approved Processor or an Authorised User as the case may be.
8.8 No words or phrases shall be used by the Business or Authorised User in reference to or explanation of the Certification Mark Xxxx unless they are those specified by RSPCA Assured in accordance with Clause 8 or each particular usage has otherwise been approved in writing by RSPCA Assured. In the case of words and phrases approved by RSPCA Assured the Business shall assign the copyright in those words and phrases to RSPCA Assured subject to a non-exclusive licence to the Business to use them in accordance with this Agreement.
8.9 It is a condition of use that the Certification Mark Xxxx shall not be used without indicating it is a certification markxxxx, namely whenever the Business or Authorised User uses the Certification MarkXxxx, such use shall be accompanied by wording underneath indicating it is a certification mark xxxx in the form indicated on the first page of this Agreement or as set out in RSPCA Assured Logo Use Guidelines.
8.10 The Business or Authorised User must seek and obtain RSPCA Assured’s prior written approval of the design and colour of all labels, material or other matter on which the Certification Mark Xxxx appears or on which it is otherwise identified or referred to by the Business or Authorised User.
8.11 The Business or Authorised User shall not omit part of or make any additions or alterations to the Certification MarkXxxx.
8.12 The Business or Authorised User shall only use the Certification Mark Xxxx for the purposes authorised in this Agreement and, in particular, shall not use the Certification Mark Xxxx in any way which would tend to allow it to become generic, lose its distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill, reputation and image of RSPCA Assured or the RSPCA.
8.13 The Business or Authorised User shall not to do anything which would bring into disrepute RSPCA Assured, the Certification Mark Xxxx or the RSPCA’s activities or trademarks.
8.14 The Business or Authorised User shall not, by virtue of this Agreement, obtain or claim any right, title or interest in or to the Certification MarkXxxx, except the rights of use as are specifically set out in this Agreement and the Business hereby transfers all goodwill in the Certification Mark Xxxx generated by it to RSPCA Assured.
8.15 The Business or Authorised User shall not adopt or use any Certification MarkXxxx, trade markxxxx, name, symbol or device which incorporates or is confusingly similar to, or is a simulation or imitation of, the Certification Mark Xxxx or unfairly competes with it. The Business or Authorised User shall not at any time, whether during or after cancellation of this Agreement, apply anywhere in the world to register any marks and/or name/s and/or symbols and/or devices identical to or so nearly resembling the Certification Mark Xxxx and/or name/s as to be likely to deceive or cause confusion.
8.16 The Business or Authorised User shall not at any time use the Certification Mark Xxxx or the names “Freedom Food”, “RSPCA” or “RSPCA Assured” as part of any corporate, business or trading name or style other than in accordance with this Agreement.
8.17 The Business or Authorised User shall not at any time use its possession of a Certificate as a means of qualification for, or admission to, or evidence of compliance with, any other certification scheme, any code of practice or conduct, or as a condition for the use or application of any trade mark xxxx or certification mark xxxx in connection with Certified Goods or Farm Animals, in each case without the prior written agreement of RSPCA Assured.
8.18 The Business or Authorised User shall at all times treat all representatives of RSPCA Assured and the RSPCA with respect. The Business or Authorised User’s Membership Certificate may be suspended or withdrawn if they are found to have subjected any representative of RSPCA Assured or the RSPCA to verbal abuse, harassment, intimidation and/or threatening behaviour.
8.19 The Business or Authorised User shall at all times keep the premises clean, tidy and in a good state of repair. This includes, but is not restricted to, the maintenance of vehicles, machinery, pathways, gates, fences and buildings, and removal of disused vehicles and machinery.
8.20 The Business of Authorised User shall at all times, and without prior notice being required, allow RSPCA Assured assessors and RSPCA farm livestock officers to access their premises, facilities, livestock, produce and records to confirm compliance with the RSPCA welfare standards, RSPCA Assured traceability standards and the terms of this agreement, as applicable.
8.21 The Business or Authorised User will have policies and procedures in place to ensure the humane and ethical treatment of its employees and prevent the risk of modern slavery or human trafficking. This should include, but is not limited to:
8.21.1 adherence to the Modern Slavery Act 2015Xxx 0000;
8.21.2 operating a robust recruitment policy, including conducting ‘eligibility to work in the UK’ checks for all employees to safeguard against human trafficking or individuals being forced to work against their will;
8.21.3 operating a whistleblowing policy so that all employees know that they can raise concerns about how colleagues are being treated or practices with the Business without fear of reprisals;
8.21.4 having standards and policies in place regarding the manner in which they behave as a Business and how it expects its employees act; and
8.21.5 ensuring or requiring that each of its subcontractors and suppliers shall comply with the Anti-Slavery and Human Trafficking Policy and with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force and including the Modern Slavery Act 2015Xxx 0000.
8.22 The Business or Authorised User shall provide such supporting evidence of compliance as the RSPCA may reasonably request from time to time.
Appears in 1 contract
Samples: Membership Agreement
OBLIGATIONS OF THE BUSINESS. 8.1 The Business or Authorised User shall not assume that animals or goods sold to it by another Member are the property of that Member (and therefore covered by the Regulations and equivalent terms and conditions to those contained in this Agreement) but shall verify the same in accordance with the terms of the Food Safety Act 1990Xxx 0000.
8.2 The Business or Authorised User shall immediately and no later than 24 hours contact RSPCA Assured by telephone or by email of any of the following as applicable:
8.2.1 any suspected or confirmed notifiable disease/s;
8.2.2 any withdrawal/recall of Certifiable Goods bearing the Certification Mark and the reasons for such withdrawal/recall;
8.2.3 any mislabelling of Certifiable Goods bearing the Certification Mark and the reasons for such mislabelling;
8.2.4 If the Business or Authorised User is charged with any offence involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce or any food safety or environmental breaches.
8.3 The Business or Authorised User shall within 5 working days, contact RSPCA Assured by telephone or by email of any of the following, as applicable;
8.3.1 any change in the source or type of Certifiable Goods which will bear the Certification Mark;
8.3.2 any change of telephone number, fax number or email address of the Member and/or Business;
8.3.3 any change of the address of the Member and/or Business where the Certifiable animals are held;
8.3.4 any change of ownership of the Business with full details of that change;
8.3.5 any non-routine attendance by Trading Standards, Animal Health and Veterinary Laboratories Agency, the police, the RSPCA or other investigatory body and the circumstances arising from such an attendance;
8.3.6 any actual or suspected break-in, surveillance and/or other activity of an RSPCA Assured site, unit or house by representative(s) of an animal rights/activist individual, group or organisation;
8.3.7 any exceptionally high mortality of RSPCA Assured animals, or outbreak of a notifiable disease on a site where RSPCA Assured animals are present (and an exceptionally high mortality is where the mortality (including culls) for a group of animals that occupy a house or area of holding at the same time is outside the normal, expected or acceptable range for those animals at the same stage of production on that site, such mortality typically caused by a single, exceptional event, such as an infectious disease outbreak, an instance of severe uncontrollable natural force or extreme weather, an emergency event, or an outbreak of injurious behaviour); or
8.3.8 any participation or consideration of participation in a Government-led cull of wild animals together with relevant written documentation to demonstrate compliance with RSPCA welfare standards; and In relation to any of the changes, save those indicated in Clause 8.3.2 (telephone, fax and email details), an assessment visit may be required.
8.4 The Business or Authorised User’s Membership and/or Certificate{s) may be suspended or withdrawn in accordance with Clause 10 or Clause 11 below in relation to any of the circumstances set out in Clause 8.2 and 8.3 save change of telephone number, fax number or email number as set out Clause 8.3.2.
8.5 The Business or Authorised User shall immediately inform RSPCA Assured of any other changes in circumstances that are relevant to its Membership and the provisions of this Agreement and its ability to comply with the Standards & Requirements and, where the Business is an Authorised User, the Regulations. The Business shall allow RSPCA Assured access to all relevant documentation and materials and premises for the purpose of investigating any such change in circumstances.
8.6 The Business or Authorised User shall only use the Certification Mark as permitted by this Agreement and in particular Clause 7 below and this Clause 8, and as stipulated from time to time by RSPCA Assured.
8.7 RSPCA Assured may from time to time specify words or phrases which it requires the Business or Authorised User to use in association with the Certification Mark for the purpose of making clear to potential consumers the methods of care, handling, rearing, transport, xxxxxxxxx and sale used in relation to the Certifiable Goods and/or Certifiable Animals and/or making clear that the Business or Authorised User is an Approved Farm Production Unit, Approved Haulier, Approved Abattoir, Approved Processor or an Authorised User as the case may be.
8.8 No words or phrases shall be used by the Business or Authorised User in reference to or explanation of the Certification Mark unless they are those specified by RSPCA Assured in accordance with Clause 8 or each particular usage has otherwise been approved in writing by RSPCA Assured. In the case of words and phrases approved by RSPCA Assured the Business shall assign the copyright in those words and phrases to RSPCA Assured subject to a non-exclusive licence to the Business to use them in accordance with this Agreement.
8.9 It is a condition of use that the Certification Mark shall not be used without indicating it is a certification mark, namely whenever the Business or Authorised User uses the Certification Mark, such use shall be accompanied by wording underneath indicating it is a certification mark in the form indicated on the first page of this Agreement or as set out in RSPCA Assured Logo Use Guidelines.
8.10 The Business or Authorised User must seek and obtain RSPCA Assured’s prior written approval of the design and colour of all labels, material or other matter on which the Certification Mark appears or on which it is otherwise identified or referred to by the Business or Authorised User.
8.11 The Business or Authorised User shall not omit part of or make any additions or alterations to the Certification Mark.
8.12 The Business or Authorised User shall only use the Certification Mark for the purposes authorised in this Agreement and, in particular, shall not use the Certification Mark in any way which would tend to allow it to become generic, lose its distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill, reputation and image of RSPCA Assured or the RSPCA.
8.13 The Business or Authorised User shall not to do anything which would bring into disrepute RSPCA Assured, the Certification Mark or the RSPCA’s activities or trademarks.
8.14 The Business or Authorised User shall not, by virtue of this Agreement, obtain or claim any right, title or interest in or to the Certification Mark, except the rights of use as are specifically set out in this Agreement and the Business hereby transfers all goodwill in the Certification Mark generated by it to RSPCA Assured.
8.15 The Business or Authorised User shall not adopt or use any Certification Mark, trade mark, name, symbol or device which incorporates or is confusingly similar to, or is a simulation or imitation of, the Certification Mark or unfairly competes with it. The Business or Authorised User shall not at any time, whether during or after cancellation of this Agreement, apply anywhere in the world to register any marks and/or name/s and/or symbols and/or devices identical to or so nearly resembling the Certification Mark and/or name/s as to be likely to deceive or cause confusion.
8.16 The Business or Authorised User shall not at any time use the Certification Mark or the names “Freedom Food”, “RSPCA” or “RSPCA Assured” as part of any corporate, business or trading name or style other than in accordance with this Agreement.
8.17 The Business or Authorised User shall not at any time use its possession of a Certificate as a means of qualification for, or admission to, or evidence of compliance with, any other certification scheme, any code of practice or conduct, or as a condition for the use or application of any trade mark or certification mark in connection with Certified Goods or Farm Animals, in each case without the prior written agreement of RSPCA Assured.
8.18 The Business or Authorised User shall at all times treat all representatives of RSPCA Assured and the RSPCA with respect. The Business or Authorised User’s Membership Certificate may be suspended or withdrawn if they are found to have subjected any representative of RSPCA Assured or the RSPCA to verbal abuse, harassment, intimidation and/or threatening behaviour.
8.19 The Business or Authorised User shall at all times keep the premises clean, tidy and in a good state of repair. This includes, but is not restricted to, the maintenance of vehicles, machinery, pathways, gates, fences and buildings, and removal of disused vehicles and machinery.
8.20 The Business of Authorised User shall at all times, and without prior notice being required, allow RSPCA Assured assessors and RSPCA farm livestock officers to access their premises, facilities, livestock, produce and records to confirm compliance with the RSPCA welfare standards, RSPCA Assured traceability standards and the terms of this agreement, as applicable.
8.21 The Business or Authorised User will have policies and procedures in place to ensure the humane and ethical treatment of its employees and prevent the risk of modern slavery or human trafficking. This should include, but is not limited to:
8.21.1 adherence to the Modern Slavery Act 2015Xxx 0000;
8.21.2 operating a robust recruitment policy, including conducting ‘eligibility to work in the UK’ checks for all employees to safeguard against human trafficking or individuals being forced to work against their will;
8.21.3 operating a whistleblowing policy so that all employees know that they can raise concerns about how colleagues are being treated or practices with the Business without fear of reprisals;
8.21.4 having standards and policies in place regarding the manner in which they behave as a Business and how it expects its employees act; and
8.21.5 ensuring or requiring that each of its subcontractors and suppliers shall comply with the Anti-Slavery and Human Trafficking Policy and with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force and including the Modern Slavery Act 2015Xxx 0000.
8.22 The Business or Authorised User shall provide such supporting evidence of compliance as the RSPCA may reasonably request from time to time.
Appears in 1 contract
Samples: Membership Agreement
