General Terms & Conditions

1.1. Brand Gold Coast Pty Ltd ACN 677 964 724 (Brand GC) provides and manages the digital brand partner toolkit (Toolkit) which consists of public assets such as photographic and audio-visual images, videography, recordings, infographics, presentations, market research, templates and marketing collateral (each an Asset and together, the Assets). Brand GC is founded on the “Gold Coaster values” of openness, positive change, and unpretentious ambition which underpin these Terms of Use.

1.2. Each person or organisation who has registered with Brand GC as a Gold Coaster partner (Partner) is granted a licence to the download, possess, use and/or publish (Use) any Asset in the Toolkit, and any physical copy of an Asset pursuant to these Terms of Use.

1.3. All assets are free for a Partner to Use, provided that:

(a) these Terms of Use, and any brand guidelines, usage instructions and any other licence requirements (if required in the Asset Details accompanying the Asset on the Brand GC website) are complied with;

(b) the Assets are only used for the purpose of indicating that goods are made or created or services are provided on the Gold Coast as per clause 3.1(a) of these Terms of Use); and

(c) all Assets are not used past the Expiry Date (if any) as defined in clause 3.2.

1.4. Please read these Terms of Use carefully, as Use of the Assets constitutes acceptance of these Terms of Use. The Partner acquires no rights in the Assets other than the right to Use them in accordance with these Terms of Use.
 

2.1. All intellectual property rights and other rights in the Assets (and in any modifications to, or derivatives of the Assets) are owned or licenced by Brand GC.

2.2. Each party acknowledges that all intellectual property rights in the Assets remained owed or licenced by brand GC (as the case may be) and that no intellectual property rights transfer under these Terms of Use.

3.1. Licence to Use Assets

3.1.1. Brand GC grants to the Partner a revocable, royalty-free, non-exclusive, non-sublicensable and non-transferrable licence (Licence) to use the Assets solely in accordance with these Terms of Use for the term set out in clause 3.2 below, subject to the following conditions:

(a) the Assets must only be Used for the purpose of:

(i) promoting the Gold Coast as a place to live, work, study, visit, trade with, and invest in; and/or

(ii) promoting products and/or services made, created or derived on the Gold Coast;

(b) Use of the Assets must adhere to any brand guidelines and additional usage restrictions set out in the in the Asset details that accompany the Asset on the Brand GC website (Asset Details);

(c) the Partner must not Use, or permit anyone else to Use, the Assets in a manner that is limited or restricted under clause 4; and

(d) the Assets must not be used for a Sensitive Use or Prohibited Use as those terms are defined and used in clause 4 of these Terms of Use.

3.1.2. The Gold Coaster Mark is subject to a separate Code of Practice which imposes additional use restrictions as outlined in clause 5 of these Terms of Use below.

3.2. Licence Term

3.2.1. The Licence granted under clause 3.1 will end/terminate on the expiry date (if any) stated in the Asset Details (Expiry Date), unless terminated earlier by Brand GC in accordance with clause 9.

3.2.2. If there is no Expiry Date, the Licence continues indefinitely until it is ended or terminated under clause 9.

3.2.3. Upon termination of this Licence, the Partner must immediately stop Using of the Assets in accordance with clause 9.
 

4.1. Definition of ‘Sensitive Use’

4.1.1. Sensitive Use means Use of Assets in a way that relates to, results in, or is associated with (in any way):

(a) Sensitive Use means any Use of Assets in a way that relates to, results in, or is associated with (in any way), criminal activity or activity which would be perceived by a reasonable person to be illicit, untoward or scandalous, or which would bring Brand Gold Coast or its partners into disrepute.

4.2. Prohibited Uses and actions

4.2.1. The Partner must not (each a Prohibited Use):

(a) Use, or permit another person to Use, the Assets for a Sensitive Use, or a Use which has the potential in the sole discretion of Brand GC to be perceived as defamatory, misleading, scandalous, unlawful, or otherwise damaging to the image or reputation of the Gold Coast or Brand GC;

(b) permit a third party to Use an Asset, without the prior written consent of Brand GC;

(c) change the dimensions of an Asset such that its dimensions are distorted from the original (e.g., the modified length to width ratio is different from the original length to width ratio of the Asset);

(d) sub-licence an Asset;

(e) represent that he/she is the original author or creator of an Asset;

(f) incorporate any Asset (in whole or in part) into a trade mark, registered design, service mark, business name or logo;

(g) Use the Assets to create, establish, or form any part of an online interactive stock photo library;

(h) use an Asset in a way that:

(i) violates any laws or regulations in any applicable jurisdiction;

(ii) infringes any copyright, trade name, trade mark or any other intellectual property right;

(iii) allows third parties to download, extract or otherwise access the Asset without registering as a Partner;

(iv) promotes a political party or organisation with a primarily political purpose (which will be determined in the sole discretion of Brand GC);

(v) suggests or implies (in the sole discretion of Brand GC) that a person depicted in an Asset is personally endorsing a product, service, idea, opinion or site; or

(vi) suggests or implies (in the sole discretion of Brand GC) that a product, service, idea, opinion or site is endorsed, sponsored or supported by Brand GC, City of Gold Coast, or State or Federal Government when it is not.

4.2.2. The Partner must:

(a) not provide or transmit an Asset to a third party, or permit a third party to Use an Asset, without the prior written consent of Brand Gold Coast; and

(b) make all reasonable efforts to prevent the unauthorised disclosure of an Asset to, or the unauthorised Use of an Asset by, a third party.

4.2.3. The Assets must only be Used by or on behalf of a Partner. Use of an Asset by or on behalf of a person or organisation who is not a Partner at the time of Use is strictly prohibited.

4.3. Prohibition on Partner Use of Artificial Intelligence

4.3.1. The Partner must not, and must ensure that it’s personnel (i.e., agents, employees, contractors and other engaged third parties) do not, input or upload an Asset or any part of an Asset into any large language model, including but not limited to, ChatGPT, Gemini, and Claude without the prior written consent of Brand GC.

4.3.2. Non-compliance with this clause 4.3 (determined in the reasonable discretion of Brand GC) will constitute a breach of these Terms of Use, and Brand GC may terminate the Partner’s Licence to Use the Assets (or an Asset) on that basis.
 

5.1. Application for Use of the Mark

5.1.1. The ‘Gold Coaster’ trade mark (registered number 2641121) (the Mark) must only be Used by persons who have successfully applied for a licence to Use the Mark under clause 5.1(b) below, and in accordance with the Gold Coaster Mark Code of Practice (the Code) pursuant to clause 5.2 below.

5.1.2. To use the Mark, persons must first complete an application form which is available on the Brand GC website or by request to Brand GC. Brand GC may approve or reject the application in its sole discretion.

5.1.3. Once the application form is approved, the Partner will be supplied sample files of the Mark in all available formats, shapes, and orientations for the Partner to create a proof/mock-up of the intended Use/placement on its products (the proof). The Partner must not publicly Use the Mark until the proof has been formally approved by Brand GC in accordance with clause 5.2 below.

5.2. Use of the Mark

5.2.1. In creating the proof under clause 5.1(c) above:

(a) the Partner must adhere to the Code which sets out the specific requirements for Use of the Mark including minimum size, spacing, and placement on products or collateral; and

(b) the Brand GC team will work with the Partner to finalise the proof and determine the best way to use the Mark on the Partner’s product(s) or in connection with the Partner’s service(s).

5.2.2. Once the Partner’s proof using the Mark is approved by Brand GC, the Partner will be provided with the appropriate print-ready files.

5.2.3. The approved Use of Mark under clause 5.2(b) cannot be unilaterally modified by the Partner:

(a) in any way that does not comply with the Code; and

(b) without prior written permission from Brand GC.

6.1. Disclaimer of Brand GC warranties

6.1.1. Subject to any express warranties in these Terms of Use but otherwise to the fullest extent permitted by law, Brand GC expressly excludes all warranties, conditions and representations in whatever form, relating to the Assets, including any warranties or representations:

(a) relating to the accuracy, availability, performance, completeness, currency, quality, fitness for use, fitness for a particular purpose, or suitability of the Assets for a particular result or outcome; or

(b) that the Assets will be compatible with any hardware or software, or useable in any format.

6.1.2. The Partner acknowledges and agrees that the Assets have not been prepared to meet the Partner’s individual requirements, and that it is the responsibility of the Partner to determine whether an Asset is suitable for the Partner’s requirements/intended Use.

6.2. Partner warranty

6.2.1. The Partner warrants that its Use of the Assets will:

(a) promote the Gold Coast and/or products or services predominantly made, provided or delivered on the Gold Coast;

(b) not be defamatory, unlawful or infringe the intellectual property rights of any person; and

(c) always comply with these Terms of Use.

Subject to the limitation of liability at clause 8, the Partner indemnifies Brand GC against any loss, expense, damage or liability incurred in connection with any claim against Brand GC arising out of or related to the Partner’s Use of an Asset, to the extent that such loss, expense, damage, or liability is attributable to an act or omission of the Partner or the Partner’s officers, employees, agents or contractors that is negligent, unlawful, or in breach of the Terms of Use. 
 

8.1. To the fullest extent permitted by law, the Partner releases Brand GC and its officers, employees, service providers and agents from all liability for damages, losses, claims, proceedings and demands (including, without limitation, financial loss, damages or loss of business, loss of profits or savings, direct and indirect or consequential damages or losses) arising in contract, tort (including, negligence) or otherwise from the Use of the Assets, inability to Use the Assets, or from any action or decision taken as a result of using the Assets.

8.2. Neither party is liable to the other, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise for any consequential loss, indirect, incidental, punitive or special losses of any kind (including loss of profit, loss of opportunities or business interruption).

8.3. Despite the above, neither party’s liability under these Terms of Use will exceed $5,000.00 in aggregate.

9.1. Notice of breach

9.1.1. The Partner must notify Brand GC in writing as soon as practicable after becoming aware of an actual or potential breach of the Terms of Use by any person or organisation.

9.1.2. Brand GC may suspend or terminate the Licence with immediate effect if it determines (in its sole discretion) that there has been an actual or potential breach of these Terms of Use.

9.1.3. The Licence will terminate automatically and immediately upon the Partner (or former Partner) ceasing to be registered as a Partner or for a particular Asset, on the Expiry Date for that Asset (if applicable).

9.1.4. The Parter will cease to be a Parter once the Licence has ended or is terminated.

9.2. Termination for Convenience

9.2.1. Either Brand GC or the Partner may terminate this Licence for any reason by giving the other not less than 30 days’ written notice.

9.3. Consequence of termination

9.3.1. Immediately after the end or termination of the Licence, the former Partner must:

(a) stop Using the Assets;

(b) delete all digital Assets (including all digital copies of Assets) stored electronically;

(c) destroy (or, if directed to do so by Brand GC, return to Brand GC) all physical copies of the Assets; and

(d) if required, provide a written undertaking that no further copies of the Assets are retained or being Used.

9.4. Discontinuance of Asset

9.4.1. Brand GC reserves the right to discontinue any Asset for any reason, which Brand GC may or may not replace in its sole discretion.

9.4.2. If an Asset is discontinued by Brand GC under clause 9.3(a), and Brand GC has notified the Partner (including by email, phone or any other reasonable method of notification), the Licence in respect of that Asset will cease and the Partner must immediately cease all Use of the discontinued Asset in any manner or form whatsoever.

9.4.3. Brand GC will not be liable to a Partner or former Partner for any loss suffered or expense incurred due to:

(a) the termination of a Licence; or

(b) the discontinuation of the availability of any Asset.

9.4.4. The provisions of this clause 8 survive the termination of a Licence.

10.1. Whole Agreement

10.1.1. These Terms of Use, together with Asset Details and any other document incorporated into these Terms of Use by reference constitutes the whole agreement between Brand GC and the Partner.

10.1.2. These Terms of Use wholly supersede and extinguish all prior agreements, understandings, or negotiations between Brand GC and the Partner in relation to the subject matter of these Terms of Use.

10.2. Relationship

10.2.1. These Terms of Use shall not constitute or be construed as constituting a relationship where either party is an employer, employee, agent, or partner of the other party.

10.3. Applicable law

10.3.1. The Licence and these Terms of Use are governed by the laws of Queensland, Australia, and each party submits to the jurisdiction of the courts of Queensland.

10.4. Review and assignment

10.4.1. Brand GC reserves the right to change or amend these Terms of Use from time to time and may assign or novate its rights under these Terms of Use at any time without obtaining prior consent from the Partner.

10.4.2. Any amendment to these Terms of Use will be published on the Brand GC website.