TERMS & CONDITIONS FOR USE OF GLN
1. GLN refers to the 13 digits number granted by GS1 India.
2. Intellectual Property includes, but is not limited to, the technologies, codes and other programs used by GS1 India to assign GLN.
3. Applicant company refers to the applicant of the GLN, with GS1 India and GLN is granted pursuant to the terms and conditions set out by GS1 India hereunder or otherwise.
4. Fee refers to the fee payable by the Applicant company to GS1 India for the right to use GLN . The fee paid to GS1 India is non-refundable.
5. Term refers to the initial period of licence granted to Applicant company as specified at the time of granting the licence/rights to use the GLN. The licence is subject to renewal each year for right of continued use of the same.
GS1 India is the sole owner of the GLN granted. The Applicant company is being provided with a revocable privilege for the use of GLN. Further, GS1 India has the right to grant such rights for allocation of GLN within the territory of India, Nepal & Bhutan and at its sole discretion to the applicant in accordance to the conditions set out here under and other provisions that may be drafted from time to time.
GS1 India grants a license / rights to use the GLN for identification of location based on information provided to him in the registration form. For each additional location, fresh application/registration form need to be submitted by the Applicant company to GS1 India along with requisite Fee as applicable at that time to GS1 India.
4.1 This GLN granted shall be valid for the period as specified by GS1 India at the time of allocation of GLN. The Applicant company needs to renew its GLN each year to continue using the same. The provisions of Clause 7, 8 and 9 binds the Applicant company irrespective of the continuation of the License / rights.
4.2 The license/rights term shall not be construed to be more than the period specified in clause 4.1 unless it is provided for in written by GS1 India to the Applicant company. GS1 India reserves the right to fix annual renewal fee for each year and the subscriber is required to pay the same in advance for the subsequent year for which the subscriber shall be intimated by GS1 India.
5. License fees
5.1 In consideration to the GLN granted by GS1 India, the Applicant company shall pay the License / rights Fee to GS1 India in advance. The requisite fee shall be accepted in full. Part payment will lead to either non granting of licence or withdrawing / revoking the licence by termination of subscription. The Applicant company shall also pay any additional/revised charges that may be charged by GS1 India. The provisions also apply to any further period for which the License/rights is extended or granted by GS1 India, subject to change in the Fee structure. The Applicant company shall before expiry of each term, receive a letter for additional expenses/ renewal of the License/rights Agreement, that the Applicant company must renew /pay the additional expenses before the end of the term, failing which any further use of the GLN will constitute a violation of the licence agreement terms which may invite legal action by GS1 India as deemed fit.
5.2 The fee paid to GS1 India includes besides its fees, service tax, as applicable at the time of submission of documents by the Applicant company. If any additional tax (s) is levied by the Government of India at a later date, shall be demanded separately by GS1 India. The Subscription in such a situation shall continue only upon payment of those applicable taxes to GS1 India.
6. Applicant company’s obligations as to conformity of directions of GS1 India
6.1 That the GLN is only a grant for the term to the Applicant company as per terms and conditions assigned
6.2 The Applicant company shall adhere to all instructions pertaining to use, etc. The Applicant company must at all times act in good faith and perform functions to its best effort to ensure the proprietary rights of GS1 India.
7. Use and Protection of Intellectual Property and GLN
7.1 The Applicant company regards the GLN and the Intellectual property related thereto as the sole property of GS1 India.
The Applicant company acknowledges that the right to grant GLN is exclusive with GS1 India and it shall not attempt to act in any contrary manner.
7.2 The Applicant company shall not use the GLN in contravention to clause 3 and the application form. The Applicant company does not have the right to pass-on / assign the GLN / Intellectual Property of GS1 India.
7.3 The Applicant company under all circumstances shall promptly call to the attention of GS1 India the use of any Intellectual Property or GLN by any third party or any such activities of Third parties, which in the opinion of the Applicant company amounts to infringement of the legal rights of GS1 India.
8. Warranties and Representations
8.1 Each authorized subscriber warrants that is shall use the GLN only for the location it has been allocated.
8.3 The Applicant company shall help / assist GS1 India by providing information, details, data, etc. towards provisions of clause 9, to ensure proper use of the rights / GLN granted.
8.4 The Applicant Company warrants that in case there is any change in the constitution/structure of the Applicant company, etc., then it shall provide all information within 10 working days to GS1 India. The Applicant company agrees to pay any additional charges or abide by any additional terms that GS1 India may impose to effect such changes.
8.5 The Applicant company warrants that it will be bound the terms & conditions with respect to clause 11 even after the mtermination or Agreement or when the Applicant ceases to be a Applicant company.
9. Action against third parties
GS1 India shall have the exclusive right to take all/any action against 3rd Parties in respect of violation of IP rights and if required by GS1 India, the Applicant company shall co-operate fully with GS1 India in any such action, in all manner possible. In the event of any disputes related to ownership of the GLN allocated by GS1 India, GS1 India shall be the sole arbitrator and his decision shall be final & binding.
10.1 Termination for breach - GS1 India is entitled to terminate the license/rights after giving notice of termination when there is failure on the part of the Applicant company to make payment of License/rights Fee or failure on the part of the Applicant company to perform its obligations or the disqualification of the Applicant company from being able to perform responsibilities such as liquidation, winding-up, death, etc. or any change ownership, constitution, directors, etc. of the Applicant company, that is not informed to GS1 India / for which GS1 India has not given written assent.
10.2 Voluntary Termination – GS1 India may unilaterally revoke the rights granted to the Applicant company with respect to use of the GLN, by sending appropriate notice, if it has reason to believe that the Applicant company has not been adhering to the standards prescribed/ is acting in a detrimental manner towards the interest of GS1 India / acting contrary to the general business practices or norms of the Trade/ or involved in any such similar activity. The Applicant company can also voluntarily terminate the agreement by sending intimation to this effect.
10.3 On termination, the Applicant company shall forthwith pay to GS1 India all amounts due pertaining to outstanding dues against the Applicant company as per the records of GS1 India.
11. Consequences of Termination
Upon termination, the Applicant company shall discontinue the use of the GLN and all other form of rights /representations granted by GS1 India with immediate effect. Any needful continuance must be approved in writing from GS1 India. Further, the Applicant company must ensure the Proprietary rights of GS1 India are protected irrespective of the surrender, and that all use of rights granted is stopped consequent to the termination.
The Applicant company shall indemnify GS1 India against all actions, claims, costs, damages and expenses, which GS1 India may suffer or sustain as a result of actions of the Applicant company. All precautions have been taken by GS1 India while allocating the GLN to the Applicant company. Still in case of any fault, the liability of GS1 India is limited to the amount paid by the Applicant company to GS1 India at the time of allocation of GLN.
13.1 Governing Law shall always be the laws of the Republic of India and every interpretation will be deemed to be made in India. The jurisdiction in all matters of dispute shall lie exclusively with the Courts in New Delhi.
13.2 Change of Address – Each of the parties shall give notice to each other on change/acquisition of a new business address within 7 (seven) working days of such change. Any failure on the part of the Applicant company to inform of change in address, shall constitute a violation that can consequently lead to termination of licence/rights at the discretion of GS1 India.