TERMS & CONDITIONS SCHEME
The purpose of Terms & Conditions Scheme the objective is parties be familiar with their rights and duties obligations on the face of contractual binding agreements.
The Terms and conditions are applicable between Al-Iman Islamic Society Inc. (AIS) And its clients (companies) and third parties with connection Government requirements and Regulation Overseas authorities in respect of their acts/Rules should be applied in the terms of Halal Certifications. These conditions apply to contracts agreed between AIS and its clients, unless it is otherwise agreed in writing or so prescribed by statutory instruments.
3. AIS Responsibility
a. The Al Iman Islamic Society Inc. shall be solely responsible for, and shall retain authority for all its decisions relating to its halal certification, including granting, maintaining, renewing, extending, reducing, suspending and the withdrawing of certification;
b. The granting of a halal certification shall be done upon a successful cycle of two level audits followed by a review by the Al Iman Islamic Society Inc. granting team of Sharia and technical expert. At all time, the rightful owner of the halal certificate shall be the Al Iman Islamic Society Inc. and it shall be returned to as and when deemed necessary by the Al Iman Islamic Society Inc.;
c. The client shall remain as a legal entity, or a defined part of a legal entity, such that the legal entity can be held legally responsible for all its activities;
4. Fulfilment of Halal Certificate Requirements
The client must always fulfil the certification requirements set by the Al Iman Islamic Society Inc. in order to maintain the halal certification including implementing appropriate changes when they are communicated by the Al Iman Islamic Society Inc.
5. Renewal Halal Certificate
a. All renewal for halal certification must be done six months prior to the date of expiry of the halal certificate after which the existing halal certificate will no longer be valid;
b. If the certification applies to ongoing production, the certified product must continue to fulfil the product requirements;
c. The client shall make all necessary arrangements for the conduct of the evaluation and surveillance (if required), including provision for examining documentation and records, and access to the relevant equipment, location(s), area(s), personnel, and client's subcontractors;
d. The client shall make all necessary arrangements for the investigation of complaints;
e. The client shall make all necessary arrangements for the participation of observers;
f. The client shall make claims regarding certification consistent with the scope of certification;
g. The client shall not use its product certification in such a manner as to bring the Al Iman Islamic Society Inc. into disrepute and does not make any statement regarding its product certification that the Al Iman Islamic Society Inc. may consider misleading or unauthorized;
h. If the client provides copies of the certification documents to others, the documents shall be reproduced in their entirety; in making reference to product certification in communication media such as documents, brochures or advertising, the client shall submit to the Al Iman Islamic Society Inc. a copy for vetting and comply with the Al Iman Islamic Society Inc. stated herein requirements;
a. A pre-packaged product shall not be described or presented on any label or in any labelling whether by words, pictorial or any other medium which refer to or are suggestive either directly or indirectly of any other product, with which such item might be confused; or by such a manner as to lead the purchaser or consumer to suppose that this food is connected with the other product.
b. When required by law, an allergen note must be included in each individual packaging which includes notification of the usages of or the possible contact on items like soy, milk, fish, nuts, egg and such.
c. In the case for abattoir, the label shall declare the following information:
d. The name of product and type of animal.
e. Date of slaughtering (in day, month and year).
f. ate of packaging or processing.
g. Reference number of veterinary/ health certificate containing slaughtered animal information.
h. Mechanical slaughtering, when used.
i. Electric stunning, when used.
j. For non-abattoir plant, the label must contain the following information:
k. Name and type of the product.
l. A list of ingredients, which reflects undoubtedly clearance from all prohibitions of rules. Sources of actual ingredients shall be announced clearly and explicitly.
m. Products containing fats, oils, meat derivatives or extracts such as gelatine or rennet, shall declare its sources.
n. Food additives should be declared.
a. Storage, preparation, heating and/or cooking of Halal goods shall be carried out under the overall supervision of the Site Manager or their appointee.
b. Halal and non-Halal goods shall not be prepared, mixed, cooked or heated in/on the same equipment at the same time.
c. All raw, frozen, dried, processed and prepared ingredients required for the preparation of Halal goods, shall be acquired from suppliers approved by AIS and kept segregated in storage from non-acceptable ingredients.
d. Any product, ingredient or ready-made goods not approved by AIS shall not be used in the preparation of Halal goods.
e. Halal goods coming into contact with non-Halal goods shall not be considered, labelled or sold as Halal
a. The client shall comply with any requirements that may be prescribed in the certification scheme relating to the use of marks of conformity, and on information related to the product;
b. The client shall keep a record of all complaints made known to it relating to compliance with certification requirements and makes these records available to the Al Iman Islamic Society Inc. when requested, and takes appropriate action with respect to such complaints and any deficiencies found in products that affect compliance with the requirements for certification;
c. The client shall inform the Al Iman Islamic Society Inc., without delay, of changes that may affect its ability to conform with the certification requirements;
d. The client shall exercise control as specified by the certification scheme over ownership, use and display of licenses, certificates, marks of conformity, and any other mechanisms for indicating a product is certified;
e. Incorrect references to the certification scheme, or misleading use of licenses, certificates, marks, or any other mechanism for indicating a product is certified, found in documentation or other publicity must be avoided;
f. The use and display of licences, Halal certificates and Halal marks of conformity shall be prominent, only per the approved ones and in entirety;
g. Halal certificate owners who failed to renew their Halal certificates will not be allowed to use the Halal mark at the premises or on the manufactured Halal products/services or inside the grocery shop or supermarkets corridors;
h. The Halal mark should be printed clearly on all certified Halal products and labelled on each box/package. Companies are allowed to print the coloured mark suitable to its packaging as long as it does not change the original specification(s) of the mark;
i. The certificate holder shall not reproduce the granted Halal certificate in part and/or in a way that would hinder the legibility, nor shall tamper with the original copies or photocopies of the Halal certificate. He shall not translate the certificate and/or test reports in other languages without the control and consent of the Al Iman Islamic Society Inc.;
j. Random checks from both the market and in-house will be made as and when necessary to ensure compliance.
9. of Impartiality
In order to uphold confidence in and integrity of the independent Halal certification, the AIS management is committed to maintenance of impartiality throughout the certification process. We fully understand the importance of impartiality in carrying out our Halal certification activities, managing potential conflicts of interests and ensuring the objectivity of the entire process. Our certification decisions shall be based on objective evidence of conformity or otherwise obtained during audits and our decision shall not be influenced by any other interests or by other parties. AIS compliance with this requirement is overseen and reviewed by the independent Impartiality Committee conducting periodic audits of our management of impartiality.
10. Assessment of Halal Management System, Products and Processes
AIS is independent, neutral and objective in its assessments. Assessments are performed at the client’s place of operations. The type, extent and time schedule of the procedure are subject to separate agreement by the parties.
Where Ovine, Bovine and Avian slaughtering and processing takes place, the correct number of Muslim delegates shall be maintained in accordance with AIS requirements
If non-conformities with Islamic rites and the requirements of the respective specification are identified during an assessment, the corrective actions must demonstrably be carried out by the client within the time frame specified in the reference document or by an appropriate agreed deadline, prior to AIS issues certificate or certificates.
AIS strives to minimize any disturbances of the business process while conducting the assessment on Porcine and its derivatives may not be used in the facility that produces Halal products.
Part of AIS responsibility is to observe a client management and its internal management control system. All equipment, machinery, utensils, stoves, receptacles, benches and ovens used for Halal goods preparation shall be cleaned prior to use under the overall supervision of the Site Manager or their appointee.
Storage and preparation areas reserved for the preparation of Halal goods shall be segregated
The objective of client observation is to determining its conformity with Islamic rites and specified requirements, including the effectiveness of the system. AIS administrative committee is satisfied the audit conformities in the context of safety assurance; the certification may be granted.
11. Certification Cycles
The Halal Certification period is 3 years’ subject to annual surveillance audits in Year 1 and year 2 and recertification in year 3. Certificates shall be subject to update after each surveillance audit.
12. Use of Trademarks and Certificates
a. Trademark and Logo are part of AIS policy and procedure used in context of its certification products and marketing process in accordance with regulation requirements.
b. The Trademark shall be no less then 9mm in diameter when printed on the client’s labels and shall be printed one colour. Written permission shall be sought to approve and print the label.
c. The Trademark shall only be used on products manufactured during the certification period indicated on the certificate.
d. Certificates and trademarks may be used for promotion. Such use is restricted to the scope and the period of validity of the certification. AIS Trademark shall not be attached to a non-conforming products.
e. Certificates and trademarks shall not be transferred to successors in title, new owners or other organisations. Certificates can only be displayed at the address mentioned on the certificate.
13. Breaches of Certification Cancellation of Halal certificates Non Conformity
a. AIS may only issue certificates if all Halal requirements have been fulfilled following the audit (initial/re-assessment). In case of non-fulfilment, the auditors will document the shortcomings in a nonconformity report or announces the restraints which must be complied with in order for a certificate to be issue.
b. All non-conformities or restraints must be eliminated or complied with in the stipulated time of the Corrective Action Request Form or by the AIS Auditor.
c. If necessary, AIS will repeat the audit in full or in part. The resulting costs will be invoiced in accordance with the current price list, based on the effort required.
d. On a basis of non-conformity, certification may be cancelled, or suspended, withdrawn or annulled, the client must desist from any promotion, making use of the certification and AIS trademark. The client’s right of retention is precluded and must commit to return the certificate/s following cancellation, suspension, withdrawal or annulment.
e. The client shall never use the certification and trademark in such a way as to undermine the reputation of AIS
f. AIS certificate or trademark shall never be used in a misleading manner and not in accordance with strict provisions stipulated by AIS terms and conditions. 1
g. In cancellation the client is entitled to have sufficient length of time, as it could be possibility containers be in despatch to overseas shipment.
a. AIS is obeyed by GSO 17065 clauses 3.01 to 8.01 those clauses give the right to AIS to:
b. AIS is entitled to suspend a certificate for a limited period of time if the client demonstrably violates Islamic rites, halal rules and contractual or financial obligations towards AIS particularly if:
c. Corrective actions to the products and processes have not been demonstrably and effectively implemented within the agreed-upon time frame;
d. The appointments suggested by AIS for audits necessary for the maintenance of the certification have not been complied with and the usual time limit of twelve months since the previous assessment has thereby been exceeded;
e. AIS has not been informed in a timely manner about planned changes and other changes which affect conformity with the Halal specifications which form the basis for the certification;
f. A AIS certificate or a trademark has been used in a misleading manner and not in accordance with strict provisions stipulated by AIS
g. In such circumstances, AIS shall first announce a possible suspension in writing. If the reasons for the suspension are not eliminated within two weeks, AIS informs the client in writing about the suspension of the certification stating the reasons as well as the corrective actions necessary for the certification to be reinstated. Certifications are suspended for a restricted period (usually a maximum of 90 days). If the required measures have been implemented demonstrably and effectively by the established deadline, the suspension of the certification is cancelled and certification reinstated.
a. AIS is entitled to withdraw certificates, publicise it on their website and notify relevant authorities after giving written notice of intent or declare them invalid it:
b. The suspension period of the certificate has been exceeded,
c. The conformity of processes and products with Halal specification on which it is based is not ensured; The client continues to use the certification for promotion following the suspension of the certificate;
d. The client uses the certification in such a way as to undermine the reputation of the certification body; the preconditions which led to issuing the certificate no longer apply or the client is not prepared to eliminate nonconformities;
e. The client effectively terminates the contractual relationship with AIS Non-compliance with these Terms and Conditions of Certification including non-payment for AIS services within agreed trading terms.
a. AIS is entitled to annul certificates, or retroactively declare them invalid, if: It subsequently turns out that the preconditions required for issuance of the certificate had not in fact been fulfilled;
b. The client has compromised the certification procedure so that the objectivity, neutrality or independence of the assessment result is in question.
17. Appeals and Complaints
a. Every client has the right to have services performed within the agreed scope in such a way that expectations and requirements are fulfilled. In case of non-fulfilment, AIS requests information necessary for improvements. In case of a difference of opinion with assessors or AIS itself, each client has the right to submit an appeal or a complaint against a decision to the AIS Appeal Committee.
b.The appeal is in writing forward to the Appeal Committee of AIS. If a solution cannot be worked out between the client and the Appeal Committee as a next level the AIS Impartiality Committee. A failure to resolve complaint after detailed consideration may be referred for judicial arbitration.
Any advice given to you is only an opinion based upon our knowledge of your particular circumstances at the time the advice is given.
19. Privacy of Your Personal Information: Confidentiality
a. Islamic Society Inc. Acknowledges and respects to the client privacy. Personal and other information is collected by us for the purposes of processing your engagement, keeping you informed about
b. forthcoming events and assisting the firm in improving our communications with you.
c. The intended recipient of this information is Al-IMAN Islamic Society Inc... Identifying information is disclosed to the Halal Certification; if required. Information is only supplied to other third parties, such as DAFF, Overseas Halal Authorities, solicitors, or others upon your specific request to us or approval to disclose such information.
d. The provision of the information is voluntary, but if this information is not provided, we may be unable to complete your client engagement.
e. The client has the right of access to, and alteration of, personal and sensitive information concerning yourself in accordance with the Privacy Act and our Policies and Procedures.
f. Information collected by us will be held securely. All care will be made to maintain the security, accuracy and currency of information held. When no longer required, or when requested in writing to delete information, personal and sensitive information will be destroyed. Please direct any enquiries you may have about this matter to us at the address above.
20. Limitation of liability
a. The client must be aware that Al-Iman Islamic Society Inc. liability may be limited under the scheme.
b. Our liability is limited by a scheme approved under Professional Standards Legislation.
21. The client Responsibilities:
The responsibility for special purpose confidentially reports the above entities, are under the law, including adequate disclosure. This includes the maintenance of adequate documentation records and internal controls, the selection and application of accounting policies, and the safeguarding of the assets of the entities. These duties are imposed upon the client. Further is responsible to keep full and proper records in order to facilitate the preparation of a correct halal certification if it is subject to investigation or review process. While the law required the client to keep records for review may take place within a period of up to four years.
22. Change of Directors’ details:
23. Australian Securities and Investments Commission Annual Reviews:
a. The client will receive from ASIC annual statements for your company and ASIC invoices. It is your responsibility to check that all details shown on the statement are correct and to notify ASIC of any necessary corrections e.g. change of address. You must also hold a directors’ meeting to consider and pass a Solvency Resolution confirming that the company is able to pay its debts as and when they fall due.
b. Where you have given our details as your advisors and we are to be requested by third parties to provide AIS information about you, it is client responsibility to advise us that such requests may be forthcoming, and detailing which information is to be provided. We will not disclose any information unless specifically instructed by you to do so.
24. Payment of Fees:
a. AIS fees, which will normally be billed upon completion of engagements*, are based upon the time required to prepare the work plus any out-of-pocket expenses or disbursements. The hourly rate at which you are charged depends upon the level of advice, skill, qualifications and experience required to complete various parts of the engagements. Plus GST
b. Our payment terms are 14 days from the date of our invoice or upon the service of the Halal certificates, with the relevant authority of any associated documents, whichever is the sooner. It is the client responsibility to adhere to these terms.
c. Any expenses, costs or disbursements incurred by us in recovering any outstanding monies, including debt collection agency/legal fees, are Payable by the client. The client may not be invoiced for all of the above aspects of the engagements at once, but may be invoiced progressively, as parts of the work are completed, by mutual agreement, or as information is provided.
25. Review and Decision Stage Definition
The Technical and Islamic Sharia auditor must report the outcomes of the audit to the decision and certification committee within 3 days.
Audit reports provided to the Decision and Certification Committee should be reviewed for outcomes and discrepancies by the technical auditor. Whether this is carried out on a sampling basis or legal sharia compliance.
The committee will formally meet once a month to review and discuss certification and/or can meet for short notice if required.
If all halal compliance is meet by company seeking halal recognition, then the board will unanimous approve a Halal Certificate.