These Registration Terms ("Terms") govern the registration process for companies seeking recognition from Altanest SAS, herein referred to as "GO TRACE," a company dedicated to promoting traceability and transparency in the fashion and textile industry. By accepting these Terms, companies ("the Company") pledge their commitment to enhancing their practices concerning traceability and transparency. These Terms represent a legally binding agreement between GO TRACE and the Company.
Recognition, in this context, means being formally acknowledged by GO TRACE for making substantial, verifiable strides towards enhancing traceability and transparency in a company's supply and value chain. To gain recognition, companies are required to undergo a process involving initial application, active efforts to meet GO TRACE guidelines, regular check-ins and an evaluation by industry experts. The recognition is then visually represented by a badge, which includes a QR code linking to information about the company's traceability practices. This badge can be used on all product labeling and communication, thus signaling to consumers that the brand is committed to traceable, responsible fashion.
The process consists of the following steps:
a. Application
The Company submits a completed form, committing to improving traceability and transparency.
b. Pending Status
The Company receives a PENDING badge for communication purposes only (not for products).
c. Taking Action
The Company follows GO TRACE guidelines to enhance traceability and transparency.
d. Check-ins
The Company may do regular check-ins with GO TRACE during the first 9 months from application to discuss progress.
e. Submission
Within a period of nine months from the date of acceptance of these Terms, the Company is expected to prepare for evaluation. Once ready, the Company must submit a detailed description and/or demonstrative proof of their actions towards enhancing traceability and transparency. This submission should be made using the specified form provided by GO TRACE.
f. Evaluation
Upon submission, GO TRACE sends an anonymized submission to industry experts for review.
g. Final Badge
Upon successful completion of the evaluation, the Company will receive a BADGE that is valid for one year for their products and communications, in addition to a GO TRACE QR code. If the evaluation is not successfully passed, the Company will be granted the use of a PENDING badge for an additional year, during which time it can repeat steps c, d, and e. This may be done for a maximum of two years.
GO TRACE holds the intellectual property rights to all materials and processes related to its recognition system, including but not limited to:
a. Recognition Process:
The proprietary recognition process developed by GO TRACE, including evaluation criteria, guidelines, and any related procedures, are protected under intellectual property rights.
b. Logos and Badges:
The GO TRACE logo, PENDING badge, and any other recognition badges, as well as their designs, are copyrighted and trademarked materials owned by GO TRACE. Participating companies are granted a limited license to use these materials in accordance with the terms and conditions set forth by GO TRACE.
c. Educational and Training Materials:
Any educational content, training materials, and resources GO TRACE provides, such as guidelines, presentations, videos, or manuals, are protected under copyright law. These materials can only be used by authorised parties with proper attribution and in compliance with the terms set by GO TRACE.
d. Technology Solutions:
Any proprietary technology solutions, software, or platforms developed or used by GO TRACE for the purpose of the recognition process or traceability initiatives are protected by intellectual property laws, including copyright, patents, and trademarks, as applicable.
e. Research and Reports:
All intellectual property rights pertaining to research findings, reports, or publications produced by GO TRACE are exclusively owned by GO TRACE. Companies, partner organizations, and other parties involved in the recognition process may use these materials in compliance with these Terms. All such parties are obligated to respect these intellectual property rights and adhere strictly to these Terms. Any misuse of these materials or violation of intellectual property rights could potentially lead to legal action and may result in the revocation of recognition.
a. Termination by GO TRACE:
GO TRACE reserves the right to terminate the Company's recognition or pending status at any time in the event of non-compliance with the program criteria, guidelines, or any terms and conditions set forth by GO TRACE. Termination may also occur if the Company is found to have provided false or misleading information during the application process, or if they misuse the recognition badges or other GO TRACE materials. No refunds or reimbursements will be given in the case of termination under these circumstances.
b. Termination by the Company:
The Company may at any time choose to withdraw from the recognition process or from the use of the recognition badge if it has been awarded one. If the Company decides to withdraw, it should provide GO TRACE with a written notice of its intention to terminate at least 30 days before the intended date of termination. After receipt of the notice, GO TRACE will acknowledge receipt and confirm the termination of the recognition process or the use of the recognition badge. Upon termination, the Company must cease all use of GO TRACE badges and materials and remove them from all products and communications. No refunds or reimbursements will be given in the case of termination under these circumstances.
c. Liability:
In the event of termination, GO TRACE shall not be held liable for any damages, losses, or costs incurred by the Company as a result of the termination. Furthermore, the Company acknowledges and agrees that GO TRACE, its employees, agents, and representatives, shall not be held responsible or liable for any direct or indirect damages, losses, or costs arising from the use of the system, materials, or any actions taken or decisions made by the Company in connection with its recognition or pending status.
d. Dispute Resolution:
In the event of a dispute between GO TRACE and the Company regarding the recognition process, termination, or any other matters related to the recognition, both parties agree to engage in good-faith negotiations to resolve the dispute amicably. If the dispute cannot be resolved through negotiation, the parties may choose to pursue mediation or arbitration to reach a resolution. All arbitration shall be binding, except in cases where there is compelling evidence of bias, conflict of interest, or procedural errors, whereupon an appeal may be made. The costs of such proceedings will be borne equally by both parties.
e. Governing Law and Jurisdiction:
The recognition process, termination, and liability clauses, as well as any disputes arising from them, shall be governed by and construed in accordance with the laws of France. Both parties agree to submit to the exclusive jurisdiction of the courts of Annecy, France, to resolve any disputes.
Each party acknowledges and agrees that during the performance of this Agreement, it may have access to certain of the other party's Confidential Information. "Confidential Information" means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects, that is designated as "Confidential," "Proprietary" or some similar designation.
Each party agrees that it will not use in any way, for its own account or the account of any third party, nor disclose to any third party, any such Confidential Information disclosed to it by the other party without the disclosing party's prior written consent. Each party agrees that it will take every reasonable measure to protect the secrecy of, and avoid disclosure and unauthorized use of, the Confidential Information.
In the event that either party is required by law to disclose any Confidential Information, such party will give the other party prompt written notice and will cooperate with the other party to take reasonable and lawful steps to resist or narrow such compulsory disclosure.
The obligations of this clause shall survive termination of this Agreement.
The Company agrees to allow GO TRACE to publicly disclose certain information, including but not limited to the Company's name, logo, recognition status (whether badge holder or pending), any relevant sustainability badges, labels, or certifications, collaboration with trusted traceability providers, and their commitment and achievements towards traceability and transparency. This information may be displayed on the GO TRACE website, landing pages accessible via GO TRACE QR codes, and in other promotional materials.
Companies in pending status or those that have received a negative evaluation have the option to consent to public disclosure of such status or evaluation result. GO TRACE respects the business integrity of each Company and understands that such information may impact their reputation. Therefore, the public disclosure of pending status or negative evaluations will only be made with the Company's explicit consent.
It is important to note that while GO TRACE aims to promote traceability and transparency in the value chains, it does not act as a whistleblower. GO TRACE's primary role is to provide recognition to those Companies that are genuinely improving their practices towards traceability and transparency.
GO TRACE reserves the right to update or modify the recognition criteria, guidelines, or terms and conditions at any time. The Company will be notified of any significant changes via an appropriate communication channel, such as email, and will be required to comply with the updated criteria and guidelines within a notice period of 90 days from the date of notification, unless otherwise specified by GO TRACE.
The Company agrees to maintain open and transparent communication with GO TRACE throughout the recognition process, including promptly addressing any concerns or questions raised by GO TRACE or its representatives.
The Company acknowledges that GO TRACE recognition is not exclusive and that the Company may choose to pursue other recognition or endorsements related to sustainability, traceability, or transparency in the fashion and textile industry. However, the Company must ensure that any other recognitions or endorsements do not conflict with the criteria and guidelines set forth by GO TRACE.
The Company represents and warrants that all information provided to GO TRACE during the recognition process is true, accurate, and complete to the best of the Company's knowledge. The Company also represents and warrants that it has the necessary authority to enter into this agreement and participate in the GO TRACE recognition process.
GO TRACE is committed to protecting the security of the Company's data and will implement and maintain appropriate technical and organizational measures to protect it. We operate in compliance with all applicable data protection laws, standards, and regulations, including those of France, the European Union, and any other jurisdictions relevant to our commercial relationship with the Company.
It is our aim to respect and protect the integrity of the data and the privacy of the Company. As part of this commitment, we will inform the Company of any significant data breaches in a timely manner and will work diligently to remedy any such occurrences.
The Company should be aware that it bears responsibility for ensuring its own compliance with local data protection regulations and standards, alongside any obligations outlined in this agreement..
Neither GO TRACE nor the Company will be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, or acts of terrorism.
The fees for recognition and pending status, as well as any other service fees, are specified in the current pricing section on the GO TRACE website (go-trace.com). Please note that these fees are subject to change at GO TRACE's discretion. All changes will be updated on the website and communicated to the companies as necessary.
By participating in the registration process, the Company agrees to the privacy policy available on the GO TRACE website (go-trace.com).
Additional terms and conditions may apply to the recognition process, including but not limited to, fees, renewal processes, and cancellation policies. If applicable, these terms will be thoroughly communicated to the Company during the recognition process. We remain committed to upholding fairness, transparency, and clarity in all our interactions, ensuring all additional terms are clearly understood by the Company.
GO TRACE reserves the right to change these terms and conditions at any time. Any such changes will take effect when the Company has been notified. GO TRACE will notify the Company of any substantial changes to these terms and conditions by sending an email to the Company's last known email address provided to GO TRACE within a reasonable time frame, ideally no less than 30 days before the changes are due to take effect.
The Company is therefore advised to check their email inbox regularly for any such notifications. By continuing to use GO TRACE's services after such changes have been communicated, the Company indicates their agreement to be bound by the revised terms and conditions. If the Company does not agree to the changes, they should cease using GO TRACE's badge and services.
If you have any questions or concerns regarding these Terms, please contact GO TRACE at the contact information provided during the registration process or through the contact page of the GO TRACE website.
These Terms, along with any additional terms and conditions provided during the registration process, constitute the entire agreement between the Company and GO TRACE concerning the registration process and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
By submitting an application for GO TRACE recognition, the Company agrees to be bound by these Terms of Registration and all applicable laws and regulations. Failure to comply with these Terms may result in the denial or revocation of recognition at GO TRACE's sole discretion.
If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
No failure or delay by GO TRACE in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise by GO TRACE of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
These Terms are personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms.
Notices under these Terms shall be in writing and shall be sent to the address of the recipient set out in these Terms or such other address as the recipient may have notified to the other party in writing.
Headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
These Terms are written in English. If these Terms are translated into any other language, the English language text shall prevail.
These Terms may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
GO TRACE reserves the right to conduct audits on the Company's compliance with these Terms, specifically related to the traceability and transparency claims made by the Company in adherence to GO TRACE's recognition criteria and guidelines. The Company agrees to cooperate fully with such audits.
Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
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