GENERAL

This Intellectual Property Policy (This Policy) seeks to reduce the risk to “YOMA Technologies Pvt. Ltd.”/ “LOVE IN STORE (Mobile Application)”, Partners (Manufacture, Distributor, Retailer) and other users of the Platform.

“LOVE IN STORE (Mobile Application) owned and developed by YOMA Technologies Pvt. Ltd.” (“Herein after called We/ Us/ LOVE IN STORE Platforms” is an aggregator for marketing and selling of FMCG/CPG and other consumer goods, we provide an e commerce platform for only placing orders by the user. We rely on technical contribution from various sources. These contributions may contain patent technologies and other protected rights which are commonly known as Intellectual Property Rights. When it is not possible on the technological grounds to make or operate applications or methods which comply with a standard without infringing an IPR i.e. without using technologies that are covered by one or more IPR, we describe that IPR as ‘Essential’.

This Intellectual Property Policy (Policy) seeks to reduce the risk to “YOMA Technologies Pvt. Ltd.”/ “LOVE IN STORE (Mobile Application)”, Partners (Manufacture, Distributor, Retailer) and other users of the Platform.

PURPOSE

We have adopted this Policy in order to protect our own IP and minimize the possibility of infringement of Intellectual Property rights of the LOVE IN STORE Platform and the third Parties. This IP Policy aims to provide transparent administrative system for the ownership, control and transfer of the IP created and owned by us.

OBJECTIVES

The objectives of the Policy are as follows, namely:

  • To promote freedom and safeguards in creation of Intellectual Property for LOVE IN STORE Platforms.
  • To provide a comprehensive single window reference system for all intellectual property rights issues relating to intellectual property generated for or across LOVE IN STORE Platforms;
  • To safeguard the interest of creator of intellectual property.
  • To provide for reasonable measures to be taken to ensure, as far as possible that the best of the technology along with respective Intellectual Property is available to the prospective users.

DISCLOSURE OF IPR

Our Partners (distributors. suppliers, manufacturers, retailers and third party) shall use its reasonable endeavours, in particular to the area where they directly participate, to inform us of existing or required IPRs essential for the business in a timely fashion.

OWNERSHIP AND INTELLECTUAL PROPERTY

  • INVENTIONS

    Inventions created on or by the LOVE IN STORE Platform or by its users, with the use of significant help from the LOVE IN STORE Platforms, shall be owned by us.

    All inventions created by teams of LOVE IN STORE Platforms and its partners for use on the LOVE IN STORE Platform will be owned us.

  • COPYRIGHT

    We shall be the owner of the copyright of any copyrightable product or work which is made using the LOVE IN STORE Platforms.

  • TRADEMARK

    We shall be the owner of trade mark(s) / service mark(s)/ word mark(s) created for LOVE IN STORE Platforms.

    In cases of all IP rights produces on the LOVE IN STORE Platforms, We shall retain a non-exclusive, free, irrevocable license to copy/ use IP research, marketing and business purposes within the LOVE IN AIR Platforms, consistent with confidentiality agreements entered.

IP LICENSING AND TRANSFER

We may license our IP to any of our Subsidiaries, Affiliates or a third party (ies) through various modes of licensing strategy such as: Exclusive licensing, Sole licensing, Non-Exclusive Licensing, Sub-licensing and licensing in general.

Such IP licensing shall be documented in the form of a Licensing Agreement, which shall become a part of the Terms and Conditions.

We may transfer our IP to any of our Subsidiaries, Affiliates or a third party (ies) through a signed IP transfer agreement on the conditions as may be deemed to be fit and proper by us.

SECURITY AND CONFIDENTIALITY MANAGEMENT

  • We shall maintain appropriate security designed to effectively protect trade secrets (where applicable) and other confidential information, and IP-related records, masters, tools, inventory and related materials.
  • We shall maintain computer and network security effective for protecting trade secrets, other confidential and proprietary information, and IP related records, and for discouraging violations of IP policies.
  • We shall only make trade secrets and other proprietary information available to third parties on a “need to know” basis, and subject to company procedures and written agreements containing adequate confidentiality and other protections.
  • We shall execute written confidential or Non-disclosure agreements with third parties prior to disclosure of any confidential information relating to LOVE IIN STORE Platforms to any third party (ies).
  • Any IP generated, created or developed by any of our employees/ representatives, agents and or consultants engaged by us, during the term of their employment or engagement as the case may be, for and/or on behalf of us, shall be “work made for hire” and shall be assigned by such persons to us. Further, we shall have the sole and exclusive ownership to such IP generated, developed or created unless otherwise agreed by us by way of a written contract or as may be applicable by the relevant IP law.

VIOLATION

Any violation of this POLICY by Partners (Manufacture, Distributor, Retailer) and other users of the Platform shall be deemed to be a breach of obligations towards the LOVE IN STORE Platforms. We shall have the authority to decide the action to be taken, if any, against the Partner/ User in breach, in accordance our policies.

JURISDICTION

This Policy shall be governed by the laws of Republic of India and the courts at Gurgaon, Haryana shall have the jurisdiction to the same.