Terms & Conditions

Please read the following sections below to ensure you fully understand the membership criteria and the obligations to be upheld by both yourself, as well as DuluxGroup.

i. Dulux Accredited Painter Program Charter of Values
ii. Terms and Conditions
iii. Schedule 1 – Criteria for becoming a Dulux Accredited Painter
iv. Schedule 2 – Complaint Handling Procedure
v. Schedule 3 – Dispute Resolution Policy
vi. Schedule 4 – Dulux Accredited Painter Talent Release Form

At the conclusion of this documentation, you must indicate your acceptance of the full criteria and terms and conditions by pressing the “Accept” button. Without taking this step, you will not progress as a recognised Dulux Accredited Painter.

Members must make a commitment to upholding the ‘Dulux Accredited Painter Program Charter of Values’. The Charter was developed in partnership with Dulux Accredited Members to clearly define the level of behaviour expected while in the Program. The Charter can also be used as a marketing tool to your clients.

Integrity

1. We are honest and ethical in everything we do

2. We keep our commitments and treat our clients with respect

Client satisfaction

3. Our success is measured by the delight of our clients

4. We strive to exceed industry standards in customer service and innovative painting solutions

Excellence

5. We pride ourselves on the quality of our craftsmanship

6. We are committed to achieving excellence in the operational and administrative aspects of the business

Sustainable solutions

7. We take care and responsibility for our environment by utilising best practice waste management systems

8. We offer our clients the choice of having DuluxGroup premium, low VOC paints that contain almost no paint smells and less air pollution

Health and safety

9. We are committed to ensuring that the safety of our employees, our clients and our community is never compromised

10. We comply with all OH&S legislation

RECITALS:
A. DuluxGroup manufactures and sells a range of decorative coatings products.

B. The Painter is a professional painter whom DuluxGroup has determined meets DuluxGroup’s minimum criteria for accreditation as a Dulux Accredited Painter.

C. DuluxGroup and the Painter have agreed that the Painter may act as a Dulux Accredited Painter of certain DuluxGroup paints and coatings on the terms and conditions of this Agreement.

IT IS AGREED:

1. DEFINITIONS

The following definitions apply unless the context requires otherwise.

Berger Gold Label Paint means paint sold by DuluxGroup under the Berger Gold Label brand.

Confidential Information means any information that relates to DuluxGroup, DuluxGroup’s business or DuluxGroup Paint and that:

(a) is disclosed to the Painter by or on behalf of DuluxGroup; or

(b) is otherwise acquired by the Painter directly or indirectly from DuluxGroup; or

(c) is generated by the Painter solely or jointly with others in the course of performing this Agreement; or

(d) otherwise comes to the knowledge of the Painter,

whether the information is in oral, visual or written form or is recorded in any other medium.

Corporations Law means the Australian Corporations Act 2001 (Cth).

Dulux Accredited Painter means a person who is accredited by DuluxGroup, at its own discretion, as meeting the Minimum Accreditation Criteria.

DuluxGroup Paint means DuluxGroup Premium Paint and Berger Gold Label Paint.

DuluxGroup Premium Paint means paint sold by DuluxGroup that DuluxGroup designates as premium paint, including but not limited to, Dulux Wash&Wear, Dulux Weathershield, Dulux Precision, Dulux Prepcoat, Dulux Design, Dulux Aquanamel, Dulux Super Enamel, Dulux Texture, Dulux Ceiling, Dulux Professional, Dulux Fast Finish, Dulux Avista, Dulux Acratex and Dulux Protective Coatings.

Minimum Accreditation Criteria means the minimum criteria for accreditation as a Dulux Accredited Painter set out in Schedule 1 as amended by DuluxGroup from time to time in its discretion.

Services means the application of paint and other similar services supplied under or by reference to any Trademark, or in relation to which the Trademark is applied (where applied in relation to has the meaning given to it in section 9(1) of the Trademarks Act 1995 (Cth).

Trade Mark means the “Dulux Accredited” trade mark owned by DuluxGroup.

2. APPOINTMENT OF DULUX ACCREDITED PAINTER

2.1 The Painter may represent itself as being “Dulux Accredited” subject to their continual and ongoing compliance with terms of this Agreement.

2.2 Unless waived in writing by DuluxGroup, the Painter must pay an annual fee of AUD$1200 (GST inclusive), or such other amount as may be notified by DuluxGroup from time to time, on or before each anniversary of this Agreement as a contribution to the costs incurred by DuluxGroup in running the Dulux Accredited Painter Program.

2.3 At all times throughout the term of this Agreement, the Painter must demonstrate to DuluxGroup’s reasonable satisfaction that the Painter continues to satisfy the Minimum Accreditation Criteria.

2.4 DuluxGroup may immediately withdraw the Painter’s right to represent itself as being “Dulux Accredited” and may terminate this Agreement in the event that the Painter:

(a) is unable to satisfy DuluxGroup, at any time, that it continues to satisfy the Minimum Accreditation Criteria;

(b) brings DuluxGroup’s reputation into disrepute at any time, through representing itself as ‘Dulux Accredited’ but delivering poor customer service, poor workmanship, or being the subject of a valid customer complaint to DuluxGroup.

2.5 The relationship of the parties is that of independent contractors and the Painter is not an agent of Dulux for any purpose. The Painter is not authorised to do business in the name of DuluxGroup or to bind DuluxGroup in any way, or hold itself out as having the capacity to do so. The Painter must not make any representations, promises or warranties on behalf of DuluxGroup.

2.6 The Painter must not become or represent itself as a registered, approved or accredited painter in relation to any decorative paint brand which competes with DuluxGroup Paint.

2.7 The Painter must not display, promote, or market their business alongside a company logo or trademark that belongs to a competitor of DuluxGroup.

3. DULUXGROUP’S OBLIGATIONS

DuluxGroup may provide the Painter with catalogues, brochures and other promotional or support material that the Painter may use to improve sales of DuluxGroup Paints. Such materials will remain the property of DuluxGroup and must be returned to DuluxGroup upon request or the termination of this Agreement.

4. PAINTER’S OBLIGATIONS

4.1 The Painter must refrain from any conduct which could be harmful to the reputation or marketing of DuluxGroup or DuluxGroup Paints.

4.2 The Painter agrees to purchase the following minimum amounts of DuluxGroup Paint by volume assessed monthly:

(a) at least 50% of the total (by volume) of all paint purchases by the Painter in the first 12 months of accreditation;

(b) at least 60% of the total (by volume) of all paint purchases by the Painter during years 1 to 3 of accreditation; and

(c) at least 70% of the total (by volume) of all paint purchases by the Painter after 3 years of accreditation, and at least 60% of the Painter’s total paint volume purchased must be DuluxGroup Premium Paint.

At all times the Painter must work diligently to obtain orders for the application of DuluxGroup Premium Paint. For avoidance of doubt the Painter shall not be required to comply with the obligations of this clause where a paint project is specified in a competitor product and cannot be converted to DuluxGroup Paint or where paint products required on a project are not manufactured by DuluxGroup or a DuluxGroup Limited (ACN 133 404 065) group company.

4.3 The Painter must ensure that all Services supplied by the Painter and any employees, agents or contractors of the Painter are provided in a professional, effective and efficient manner, with due care and skill.

4.4 The Painter may not employ any person or engage any contractor or agent in relation to the Painter’s supply of Services unless that person has the necessary skills, qualifications and experience to provide the Services for which that person is to be employed or is employed in a professional, effective and efficient manner with due care and skill.

4.5 The Painter must use its reasonable endeavours to resolve all customer complaints in a professional and equitable manner consistent with enhancing the good name of the Painter, DuluxGroup and DuluxGroup Paint. Where a customer complaint is brought to the attention of DuluxGroup, the Painter must co-operate with DuluxGroup in seeking to resolve the complaint in accordance with the Complaints Handling Procedure set out in Schedule 2.

4.6 The Painter must allow representatives of Dulux to inspect or investigate any of the projects that the Painter is working on using the DuluxGroup Paints. The Painter acknowledges that such inspection may be made during or after a project and may be made without notice to the Painter.

4.7 The Painter may not engage in conduct, or make any representation, which may suggest to any person that DuluxGroup is the provider of the Services, that the Painter is for any purposes the agent of DuluxGroup, or that the Painter promotes or sells any of the Services on behalf of DuluxGroup.

4.8 Any warranty or guarantee offered by the Painter to its customers in respect of the Services is personal to the Painter. The Painter must not in any way represent that such warranty or guarantee is endorsed or backed by DuluxGroup. Any misrepresentation with respect to a warranty or guarantee will result in the Painter’s immediate removal from the Dulux Accredited Program.

4.9 The Painter must sign and in doing so agree to uphold the Dulux Accredited Painter Program Charter of Values at all times. Failure to do so will result in the Painter’s immediate removal from the Dulux Accredited Program.

4.10 The Painter must provide appropriate documentation pertaining to the Painter holding a current painting & decorating licence as required by state or territory law and a certificate of currency for insurance providing a minimum public liability cover of $5 Million. This documentation must be provided to DuluxGroup authorised agent – Ebix Trades Monitor, in accordance with clause 7.3.

4.11 The Painter is strongly encouraged to attend and participate in the Dulux Accredited Program’s sanctioned events. Attendance ensures up-to-date product and application knowledge, demonstrating adherence to the Dulux Accredited Charter of Values.

5. CONFIDENTIALITY

5.1 The Painter agrees to hold in confidence any and all Confidential Information. The Painter must limit disclosure of such Confidential Information only to those of its employees who need to have access to it for the performance of their duties. The Painter acknowledges that all Confidential Information disclosed to it by DuluxGroup prior to the Commencement Date will be deemed to have been disclosed to it pursuant to the provisions of this clause.

5.2 The provisions of sub-clause 5.1 shall not apply to any information which:

(a) the Painter can prove was in its possession prior to its receipt from DuluxGroup;

(b) is now or becomes hereafter (other than as a result of the act or omission of the Applicator) generally known in the industry; or

(c) is lawfully provided to the Painter by a third party having no obligation to DuluxGroup directly or indirectly with respect to the Confidential Information.

5.3 The obligations concerning confidentiality in this clause and limitation on use of Confidential Information will survive the expiration or termination of this Agreement.

6. TRADE MARKS AND DULUXGROUP ACCREDITED REPRESENTATIONS

6.1 The Painter will be entitled to use the Trade Mark in promoting the Painter’s business, provided it does so in accordance with the terms of this Clause (the “Licence”). The Licence is a non-exclusive and non-transferable and is limited to the reproduction, use and display of the Trade Mark solely in relation to the provision and promotion of Services by the Painter within Australia.

6.2 The Painter may not use the Trade Mark and any Dulux Accredited representations except in accordance with the standards, directions and specifications set or provided by DuluxGroup from time to time, or in specific advertising, promotional, display or other material used by the Painter without the prior written consent of DuluxGroup.

6.3 Without limiting Clause 6.2, the Painter must ensure that on all documents on which the Trade Mark is applied, there appears a written statement to the effect that the Trade Mark is a registered Trade Mark of DuluxGroup and is used by the Painter under licence.

6.4 The Painter recognises and agrees that the Trade Mark is the property of DuluxGroup. Nothing in these Terms and Conditions will be construed as granting the Painter any proprietary rights in the Trade Mark.

6.5 The Painter acknowledges that all right, title and interest in the Trade Mark, including any good will or reputation resulting from the use of the Trade Mark by the Painter, belongs to and enures wholly to the benefit of DuluxGroup as the owner of the Trade Mark.

6.6 The Painter will use the Trade Mark and any Dulux Accredited representations only in relation to the Services and may not use the Trade Mark or a substantially identical or deceptively similar Trade Mark or Dulux Accredited representations on any goods or in relation to any other services.

6.7 The Painter may not use any Dulux Accredited representations or trade mark (other than the Trade Mark), company, name or business name which comprises or includes any words or symbols which are substantially identical or deceptively similar to any Trade Mark (or Dulux Accredited representations) or to any stylised form of any Trade Mark (or Dulux Accredited representations) as used or licensed by DuluxGroup.

6.8 The Painter must notify DuluxGroup promptly if it becomes aware of the action of any third person which may amount to an infringement of DuluxGroup’s rights in relation to the Trade Mark and any Dulux Accredited representations and the Painter must (at the request of and at the cost of DuluxGroup) provide to DuluxGroup all information and assistance reasonably required by DuluxGroup in any proceeding which may be brought against any such third person by DuluxGroup. The Painter has no rights to bring an action for infringement of the Trade Mark or to defend the rights of DuluxGroup to the Trade Mark and DuluxGroup will have absolute control over any litigation involving or affecting the Licence or the Trade Mark.

7. WARRANTIES, LIABILITY AND INDEMNITY

7.1 The Painter must at all times indemnify and keep indemnified DuluxGroup from and against all actions, claims, charges, costs, expenses, losses, damages and other liability that may be suffered or incurred by or brought against DuluxGroup as a direct or indirect result of the Painter’s sale of Services by use of the Trade Mark.

7.2 So far as the law permits, neither party is liable for any indirect or consequential loss or damage (including loss of profits) arising out of the other party’s performance of, or failure to perform, its obligations under this Agreement.

7.3 The Painter must at all times have in place a Products and Public Liability Insurance policy for liability for loss or damage to property or death or injury to any person for an amount of not less than $5 million for any one occurrence. The Painter must provide to DuluxGroup’s authorised representative – Ebix Trades Monitor:

(a) a Certificate of Currency for the above insurance, within 30 days of each annual renewal of this insurance; and

(b) a current painting & decorating licence (as required by the applicable state or territory law), within 30 days of each renewal of such licence.

It is a condition of membership to supply the above documentation to Ebix Trades Monitor within the required time frames. DuluxGroup represents to consumers that all Dulux Accredited Painters are licensed and insured, and needs to know that these things are true for each painter in the Dulux Accredited Painter program.

8. DURATION AND TERMINATION

8.1 This Agreement commences on signing and continues until terminated in accordance with the terms of this Agreement.

8.2 Without limiting any other Clause of this Agreement, this Agreement may be terminated by:

(a) the Painter at any time by giving written notice to DuluxGroup; and

(b) by DuluxGroup, without cause, by giving the Painter 60 days prior written notice.

8.3 Without limiting any other Clause of this Agreement, DuluxGroup will be entitled to terminate this agreement by notice in writing to the Painter after the happening of any of the following events:

(a) In DuluxGroup’s opinion, the Painter is in breach of any obligations of this Agreement, and the Painter has failed to remedy that breach within 30 days of receiving written notice from DuluxGroup requiring it to do so;

(b) the Painter engages in any fraudulent conduct or wilful misstatement in its business;

(c) the Painter is in breach of any of the obligations of this agreement such that, in DuluxGroup’s opinion, the reputation of the Trade Mark, DuluxGroup or any business of DuluxGroup is or is likely to be damaged;

(d) the Painter is convicted of a serious offence or an offence that is substantially related to the Painter’s business which is punishable by a term of imprisonment;

(e) the Painter operates the business in a way that endangers public health or safety; or

(f) the Painter dies, ceases to be of full legal capacity; or

(g) the Painter ceases to maintain a solvent DuluxGroup trading account; or

(h) the Painter:

(i) stops or suspends or threatens to stop or suspend payment of all or a class of its debts;

(ii) is insolvent within the meaning of section 95A of the Corporations Law;

(iii) must be presumed by a court to be insolvent by reason of section 459C(2) of the Corporations Law;

(iv) fails to comply with a statutory demand (within the meaning of section 459F(1) of the Corporations Law);

(v) has an administrator appointed over all or any of its assets or undertaking or any step preliminary to the appointment of an administrator is taken;

(vi) has a controller within the meaning of section 9 of the Corporations Law or similar officer appointed to all or any of its assets or undertaking; or

(vii) has an application or order made, proceedings commenced, a resolution passed or proposed in a notice of meeting, an application to a court made or other steps taken against or in respect of it (other than frivolous or vexatious applications, proceedings, notices or steps) for its winding up or dissolution or for it to enter an arrangement, compromise or composition with or assignment for the benefit of its creditors, a class of them or any of them.

8.4 Any termination of this agreement will be without prejudice to the rights and obligations of the parties accrued at the time of termination.

8.5 Upon the expiration or termination of this agreement for any reason whatsoever, the Painter:

(a) must cease to use the Trade Mark and any Dulux Accredited representations in any manner whatsoever, by removing them from the Painter’s website and all online promotional or display materials associated with the Painter within 14 days, and by removing them from the Painter’s premises, vehicles, stationery, invoices, labels, clothing, or other non-digital promotional or display materials within 30 days; and

(b) Must notify all relevant publishers of boardings or other advertisements, directories or other books of reference to remove use of the Trade Mark and any Dulux Accredited representations associated with the Painter;

(c) must return to DuluxGroup within 14 days all ‘hard copy’ catalogues, brochures and other promotional or support material bearing the Trade Mark and any Dulux Accredited representations which have been provided by DuluxGroup to the Painter;

(d) must, if requested by DuluxGroup, provide DuluxGroup with a statutory declaration confirming compliance with Clauses 8.5(a), (b) and (c); and

(e) other than termination under Clause 8.2(b), will not be entitled to a refund of the Accreditation Fee.

9. GENERAL

9.1 This Agreement and any conditions or warranties implied by law that are not capable of being excluded or modified constitute the entire agreement between the parties with respect to its subject matter. This Agreement, unless otherwise specifically provided, supersedes all prior agreements and understandings between the parties in connection with it.

9.2 No amendment or variation of this Agreement is valid or binding on a party unless made in writing executed by both parties.

9.3 The rights and obligations of the Painter under this Agreement are personal and not proprietary. The Painter may not assign, transfer, encumber or otherwise deal with any of its rights or obligations under this Agreement without the prior consent of DuluxGroup.

9.4 Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability and does not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

9.5 If any provision of this Agreement are incompatible with any applicable laws or regulations, including applicable competition and trade practices legislation and regulations, then the parties agree to negotiate in good faith any amendments to the Agreement that may be necessary to ensure compliance with those laws and regulations.

9.6 This Agreement is governed by the laws of Victoria. Each party submits to the nonexclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning this Agreement.

9.7 Any notice, request or demand given or made under this Agreement must be in writing and signed by a person duly authorised by the sender and must be properly served by post, hand delivery or emailto the street or email address of the other party as set out on Page 1 of this Agreement, or as amended by a party by notice to the other  from time to time.

10. DISPUTE RESOLUTION

The Painter agrees that it will abide by the Dulux Accredited dispute resolution policy set out in Schedule 3

11. PRIVACY NOTICE AND CONSENT

Your privacy is important to us: In the course of applying to be part of the DAP program, you may provide us with ‘personal information’ within the meaning of the Privacy Act. We may use this information and to disclose it to third parties in order to administer and promote DuluxGroup products, the Dulux Accredited Painter Program and relevant business services. DuluxGroup (and its marketing and communications agencies on its behalf) may also use your name and contact details to send you information for this purpose. DuluxGroup may also disclose the information to contractors, market research organisations, marketing and communications agencies and related bodies for this purpose. We may also exchange your personal information with other related companies and our service providers, such as delivery companies and technology providers. If you do not provide the personal information requested, we will not be able to fulfil your request.

DuluxGroup will from time to time will make recordings in various formats. These recordings include photographic or movie film, videotape, audiotape, computer files and printed matter, for the purpose of marketing and promoting DuluxGroup and its Dulux Accredited Painter Program, in any format or media now known or later created, including on websites. Please read Schedule 4 – Dulux Accredited Painter Talent Release Form for full details. Acceptance of the member terms and conditions includes acceptance of the Talent Release conditions.++

Please refer to our Privacy Policy, available on our website (www.dulux.com.au/privacy) or on request. It contains further details about: (i) the personal information we collect; (ii) what we do with it; (iii) where we send it; (iv) how you can access and correct it; (v) how you can lodge a privacy complaint regarding the handling of your personal information; (vi) how we handle those complaints; (vii) online privacy; and (viii) the types of service providers we use. If you have any questions regarding the way DuluxGroup handles your personal information or wish to seek access to, or correct, personal information we hold about you, please contact our Privacy Officer via privacy@duluxgroup.com.au or call +613 9263 5678

In order to retain the right to represent itself as a Dulux Accredited Painter, a Painter must at all times:

1. Be a professional Painter carrying on a business as a professional Painter.
2. Read, complete and sign the Member Agreement, inclusive of the Charter of Values document and membership obligations.
3. Maintain a solvent DuluxGroup 30-day account at all times.
4. Hold a current policy pertaining to Public Liability Insurance for an amount not less than $5,000,000 for any one occurrence (providing a certificate of currency to DuluxGroup annually).
5. Provide to DuluxGroup, prior to initial membership and thereafter on request but not more frequently than twice per membership year, with two client references for work completed in the previous 12 months. The references given must be acceptable to DuluxGroup in its absolute discretion.
6. Allow DuluxGroup or its representative to inspect the quality of your workmanship to ensure it meets the standards expected of a Dulux Accredited Painter, at any time.
7. Be recommended for Dulux Accredited Painter by a relevant Dulux Trade Sales Representative and meet the selection criteria as detailed by an authorised Dulux Trade Sales Representative.
8. Hold a current painting contractor licence as and when required by state or territory law in the state the Painter is providing the services.
9. Abide by the respective state based legislation pertaining to the responsible disposal of waste paint materials and have an environmentally responsible process to manage wash up for all jobs at all times.
10. Abide by the respective state based legislation pertaining to the provision of a safe work environment and comply with any relevant workplace health and safety laws at all times.

Note: The Painter must use its reasonable endeavours to resolve all customer complaints without involving DuluxGroup. The Painter must do so in a timely, professional and equitable manner consistent with enhancing the good name of the Painter, DuluxGroup and DuluxGroup Paint.

The following Complaint Handling Procedure applies only where, despite the Painter’s best efforts, a customer complaint is brought to the attention of DuluxGroup. In this case, the Painter must co-operate with DuluxGroup in seeking to resolve the complaint in accordance with the following Complaints Handling Procedure.

Problems and disputes can arise from time to time;

(a) between Members of the Dulux Accredited Program;

(b) by Members of the Program about the values and behaviours of other Members,

(c) or about ‘Applications for Membership’ to the Program by an existing Member(s) they consider do not meet the minimum entry criteria. In most instances, these matters can be resolved quickly and efficiently with a common sense approach.

Unresolved disputes however, can be costly to everyone involved, both financially and also indirectly including: reduced morale; the breakdown of business relationships; loss of reputation; lost opportunities for future work and the erosion of confidence and trust in DuluxGroup or DuluxGroup; and/or the Dulux Accredited Painter Program in the eyes of Members, other DuluxGroup customers and also consumers.

This Dispute Resolution Policy aims to provide a structured approach to resolving such complaints and disputes that is fair and equitable, and that will lead to solutions that are just and acceptable to all parties. The policy details the standards and procedures to effectively and fairly respond to complaints in a professional and timely manner. Members of the Program are bound by the terms and conditions of their Dulux Accredited Member Agreement and their commitment to uphold the values and principles of the Dulux Accredited Charter of Values.

What types of disputes are covered in this policy?

1. Non-compliance with the terms and conditions of the Dulux Accredited Member Agreement

2. Behaviour not befitting the Dulux Accredited Charter of Values

3. Breaches of Workplace Safety

4. Disputes between Members of the Dulux Accredited Painter Program

5. Membership issues

6. Anything else not covered in items 1-5 which could be harmful to the reputation of DuluxGroup.

How can disputes be resolved?

A dispute may be resolved through:

• a negotiated outcome, where the parties concerned negotiate an agreed outcome;
• a mediated outcome, where the parties concerned use the services of an independent mediator to help them arrive at an agreed outcome; or
• where appropriate, DuluxGroup may determine how the dispute is to be resolved.

Dispute Management Commitment

The DuluxGroup Trade Management team governing the Dulux Accredited Painter Program is committed to the implementation of this Policy by:

Ensuring that Dulux Accredited Members are aware of the Policy; and by implementing management and reporting procedures to ensure timely and effective dispute resolution, and monitoring. And;

The establishment of a register to record:

• The date the dispute occurred or issue was raised;
• The name and contact details of the Member(s) who were subject to the incident or dispute;
• The nature of the dispute or complaint;
• Any action taken to investigate the dispute, details of the findings and the date and manner by which those involved were informed of the result.

Procedure for managing disputes between Members and/or complaints by Members about other Members:

1. In the first instance, Members should register their complaint or concern in writing with their Dulux Trade Sales Representative(s). The Dulux Trade Sales Representative(s) will endeavour to resolve the issue at first instance by communicating with both parties involved.

2. If an issue remains unresolved, the Dulux Sales Representative(s) will notify their Dulux State Manager and the Dulux Accredited Program Manager. This will initiate a formal investigation into the matter, and registered in the DuluxGroup C.A.R.E. System

3. The Dulux Accredited Program Manager will acknowledge in writing receipt of the grievance or complaint to the relevant Member(s) as soon as is practicable and in any event within 7 days from receipt, and will enclose a copy of this policy for the Member(s) information.

4. DuluxGroup will ensure that the matter is investigated and receives proper consideration by;

• Speaking with all parties concerned to understand all relevant information and evidence regarding the complaint or dispute
• Reviewing the information provided
• Making a determination based on the facts; and whether any breach of the Dulux Accredited Members Agreement or conduct not beftting the Dulux Accredited Charter of Values has occurred

5. DuluxGroup may decide to take any of the following actions;

• Suggest possible solutions to both parties
• Place restrictions on membership for one or both parties
• Suspend membership for one or both parties
• Cancel membership for one or both parties

6. Members will be advised of the outcome in writing, within 21 working days. Should there be exceptional circumstances causing a delay, DuluxGroup will advise the Members concerned. Even in the most complex matters, the dispute should be resolved within a maximum of 45 working days.

The outcomes and commencement dates of any sanctions will be documented and signed by both parties.

7. Any decisions made by DuluxGroup pertaining to membership of the Dulux Accredited Painter Program, in according with the Dulux Accredited Painter Terms and Conditions, will be considered binding and final.

Confidentiality

The Dulux Accredited Painter Program dispute resolution process is strictly confidential in order to guard against unnecessary incrimination or discrimination.

Agreement made in favour of DuluxGroup Australia, a division of DuluxGroup (Australia) Pty Ltd (DuluxGroup).

As confirmed by my acceptance of the terms and conditions of the Dulux Accredited Painter membership, I agree to the following conditions, to apply for the duration of my Dulux Accredited Painter membership:

1. I understand that I may be filmed or recorded at Dulux Accredited conferences, training and other events, and I licence DuluxGroup and its authorised agents to use such films and recordings, including my name (‘Recordings’) in whole or in part, in perpetuity worldwide, on a royalty free basis, for the purpose of marketing and promoting DuluxGroup and its Dulux Accredited Painter Program, in any format or media now known or later created, including on websites. I also consent to the use of any printed matter in conjunction therewith.
2. I agree that DuluxGroup will have approval on any crop, retouching and colour matching for the finished photography.
3. I hereby grant and assign to DuluxGroup all right, title and interest in and to the Recordings and assign to DuluxGroup absolutely and in perpetuity any rights I may have to the Recordings.
4. I hereby waive any right that I may have to inspect or approve the Recordings or the advertising copy or printed matter that may be used in connection with the Recordings and acknowledge that DuluxGroup has no financial obligation to me for the Recordings or this agreement.
5. I hereby waive any moral rights I may have in relation to the Recordings in favour of DuluxGroup.

6. I hereby release, discharge and agree to hold harmless DuluxGroup, and all persons or entities acting under its permission or authority, from any actions, claims or liabilities (including, without limitation, negligence) that may arise from my participation in the Recordings. I also hereby release and discharge DuluxGroup and its agents, assigns, licensees and sub-licensees from any and all liability to me or to my successors, heirs or assigns for any claims, including, without limitation, claims for libel, defamation, copyright infringement, invasion of privacy or right of publicity, arising out of the exercise of rights granted under this agreement.
7. I warrant that I am free to enter into this agreement and in particular to appear in any Recordings relating to the Dulux Accredited Painter Program, including provided copy, video and/or photography and throughout any marketing campaigns and any associated advertising, website and public relations activity and that my performance and the rights granted in this agreement will not conflict with or violate any commitment I have with any other person or entity.
8. This agreement represents my entire understanding with DuluxGroup. I have read this agreement prior to accepting the terms and conditions, I understand its contents. This agreement may not be amended unless DuluxGroup and I agree in writing.
9. This talent release form shall be governed by the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.

By pressing ‘Accept’ below, I agree to and will be bound by the terms and conditions of the Dulux DAP program as set out above. I understand that I if I disagree, I am declining membership of the DAP program.