INTELLECTUAL PROPERTY INFRINGEMENT POLICY – ALL DAY STORE

1. INTRODUCTION AND PURPOSE

This Intellectual Property Infringement Policy (“Policy”) sets out the principles, procedures, and governance framework adopted by All Day Store for the protection of intellectual property rights and for addressing claims of intellectual property infringement on the website www.alldaystore.com and the corresponding mobile applications (Android and iOS) (collectively, the “Platforms”).

This Policy is intended to ensure that intellectual property rights of creators, brand owners, and lawful rights holders are respected, while also safeguarding the integrity, neutrality, and lawful operation of the Platforms as an e-commerce marketplace. This Policy shall be read in conjunction with the Terms & Conditions, Privacy Policy, and other applicable policies of All Day Store.

2. OWNERSHIP, PLATFORM STATUS, AND DEFINITIONS

All Day Store (‘ADS’) is a brand and e-commerce platform operated by Everyday Herbal Beauty Care Private Limited (EHBC), a subsidiary of Zota Healthcare Limited.

For the purposes of applicable law, including the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, EHBC is the intermediary and platform operator in respect of the ADS Platform.

Zota Healthcare Limited, as the parent company, provides strategic, operational, technological, and governance oversight and does not act as the platform operator, seller, or manufacturer, except where expressly disclosed.

For the purposes of this Policy, references to ‘Company’, ‘We’, ‘Us’, or ‘Our’ shall mean Everyday Herbal Beauty Care Private Limited (EHBC), acting through the All Day Store (‘ADS’) brand and Platforms.

Zota Healthcare Limited is the parent company providing strategic, operational, technological, and governance oversight and shall not be construed as the intermediary, platform operator, seller, or manufacturer, except where expressly disclosed.

Products made available on the ADS Platform may be manufactured by Everyday Herbal Beauty Care Private Limited and/or third-party manufacturers, as disclosed on product listings, packaging, and statutory labels.

Intellectual property rights in product names, formulations, packaging, labels, trademarks, and related materials shall vest with the respective rights holders.

Neither ADS nor EHBC assumes responsibility for intellectual property ownership or infringement in respect of products manufactured by third parties, except to the extent mandated under applicable law.

3. COMMITMENT TO INTELLECTUAL PROPERTY RIGHTS

The Company respects the intellectual property rights of all individuals and entities (“Persons”) and is committed to operating the Platforms in compliance with applicable intellectual property laws. Users, third-party service providers, and any other parties are strictly prohibited from using the Platforms to sell, distribute, circulate, upload, publish, or otherwise deal with any content or material that infringes upon the copyrights, trademarks, patents, or other proprietary rights of any Person.

Users are solely responsible for ensuring that any content uploaded or material made available by them on the Platforms does not infringe any third-party intellectual property rights.

4. APPLICABLE LAW AND LEGAL FRAMEWORK

This Policy is framed in accordance with and shall be governed by the Copyright Act, 1957, the Trade Marks Act, 1999, the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time, along with other applicable intellectual property and information technology laws in force in India.

5. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

If You believe that Your intellectual property rights have been infringed by any content or material made available on the Platforms, You may submit a written notification (“Claim”) by sending an email to care@alldaystore.com.

To enable effective review and action, the Claim should include the following information:

(i) The URL(s) through which the allegedly infringing material is made available on the Platforms;

(ii) Identification or description of the allegedly infringing material;

(iii) Identification of the intellectual property right claimed to be infringed, along with documentary evidence of ownership or authorization;

(iv) Your full name, address, telephone number(s), and email address; and

(v) A sworn statement confirming that You have a good-faith belief that the use of the material is unauthorized and that the information provided in the Claim is accurate and complete.

6. REVIEW, INVESTIGATION, AND ACTION

Upon receipt of a complete Claim, the Company shall examine the information provided and conduct a good-faith investigation to determine whether the content complained of appears to infringe intellectual property rights. The Company may request additional information or clarification from the claimant during the investigation process.

If the Company concludes that the Claim appears to be valid, it may, at its discretion, exercised reasonably, in good faith, and in accordance with applicable law, and without prior notice, temporarily or permanently disable access to the infringing material, suspend or terminate the concerned User’s account, cooperate with law enforcement or regulatory authorities, or take any other lawful action deemed appropriate.

6A. COUNTER-NOTICE AND CONTENT RESTORATION MECHANISM

Where any content or material is removed or access is restricted pursuant to a Claim, the affected User may submit a counter-notice or response providing justification, proof of authorization, or clarification within a reasonable period.

EHBC may, after due examination and without obligation, restore such content where it is satisfied that the Claim was erroneous, withdrawn, or unsupported, subject to applicable law and without prejudice to the rights of the complainant.

For the purposes of this Policy, a ‘reasonable period’ shall be determined based on the nature of the Claim, the information provided, and applicable law.

7. FALSE, FRIVOLOUS, OR MALICIOUS CLAIMS

If a Claim is found to be incomplete, frivolous, malicious, or based on false or misleading information, the Company shall not be obliged to take any action and may restore access to the material at its discretion. The Company reserves the right to initiate appropriate civil or criminal proceedings against persons submitting false or bad-faith Claims, in accordance with applicable law.

7A. RECORD MAINTENANCE, RETENTION & AUDIT TRAIL

EHBC shall maintain records of all intellectual property Claims, notices, counter-notices, investigations, actions taken, and related communications for audit, evidentiary, compliance, and statutory purposes, for such period as required under applicable law or internal governance policies.

Such records may be disclosed to statutory, regulatory, or law-enforcement authorities where required under law.

8. PLATFORM ROLE AND LIMITATION OF LIABILITY

Everyday Herbal Beauty Care Private Limited (EHBC), as the operator of the ADS Platform, acts as an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and claims the safe harbour protection available under Section 79 of the Information Technology Act, 2000, subject to compliance with applicable due diligence requirements, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

EHBC does not initiate, select, modify, or control user-generated content and shall not be liable for any third-party intellectual property infringement, except where it has actual knowledge and fails to act in accordance with applicable law.

9. INDEMNITY

Users agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and partners from and against all claims, damages, penalties, losses, legal expenses, and liabilities arising out of or in connection with: (i) the User’s infringement of third-party intellectual property rights; (ii) submission of false, misleading, or malicious Claims; or (iii) misuse of the Platforms.

10. GOVERNING LAW AND JURISDICTION

This Policy shall be governed by and construed in accordance with the laws of India. Subject to the jurisdiction of applicable statutory forums and authorities, the courts at Surat, Gujarat, shall have jurisdiction.