Kwikful Intellectual property Policy
“Copyright and Intellectual Property Protection Policy for Kwikful Limited’s Online Bar Feature”
This Copyright Notice (the “Notice”) is issued by Kwikful Limited (“Kwikful”) and applies to the “Online Bar” feature and all associated creative works, including but not limited to the source code, design elements, and other copyrightable materials (the “Works”).
Kwikful is the sole owner of the copyright in the Works. All rights, title, and interest in and to the Works are owned exclusively by Kwikful.
The Works are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Kwikful retains all rights, title, and interest in and to the Works, including but not limited to all intellectual property rights, whether or not such rights are registered.
You are granted a non-exclusive, non-transferable, limited license to use the Works solely for the purpose of accessing and using the “Online Bar” feature in accordance with the terms and conditions set forth by Kwikful. You may not use the Works for any other purpose without the express written consent of Kwikful.
You are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any part of the Works in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express written consent of Kwikful. You are also prohibited from reverse engineering, decompiling, or disassembling the Works or any portion thereof.
Kwikful reserves the right to enforce its rights under this Notice, including but not limited to seeking injunctive relief and damages for any unauthorized use or infringement of the Works.
This Copyright Documentation (“Document”) is made on Aug. 20, 2020
WHEREAS, Company is the owner of the unique solution known as “Online Bar”, which is a feature offered on its e-commerce platform that allows event organizers to provide their patrons with access to the bar menu from their mobile devices, while keeping track of all sales and ensuring hassle-free transactions for the event organizers.
WHEREAS, the Online Bar has specific features and capabilities that make it a unique and valuable solution, including:
1. Cashless payments: All payments for drinks are made electronically, eliminating the need for cash transactions at the event.
2. Scan and pay: Patrons can scan a QR code on their mobile devices to pay for their drinks, making the process quick and easy.
3. Ability to send the bar web address to friends and family anywhere in the world: Patrons can share the bar’s web address with friends and family, who can pay for their drinks remotely and have them served to them at the event.
4. Online bar: The Online Bar is a virtual bar that allows patrons to order drinks from their mobile devices.
5. Hassle-free: The Online Bar eliminates the need for patrons to queue at the physical bar, reducing wait times and making the process hassle-free.
6. Event organizers don’t have to worry about anyone stealing their money: All payments are made electronically and tracked by the Online Bar, eliminating the risk of theft.
7. Track all sales: The Online Bar keeps track of all sales made during the event, providing valuable data to the event organizers.
8. Event organizers get notification every time a sale has been made: The Online Bar notifies the event organizers every time a sale is made, allowing them to keep track of the event’s progress in real-time.
9. Record of what’s selling the best at the event: The Online Bar provides event organizers with information on which drinks are the most popular at the event, helping them make informed decisions for future events.
10. Digitizing and virtualization of a physical bar: The Online Bar brings the physical bar experience online, making it accessible from anywhere with an internet connection.
11. Login to event online bar dashboard: Event organizers can log in to the Online Bar dashboard to track sales and monitor the event’s progress in real-time.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree as follows:
1. You acknowledge that the Online Bar is the sole and exclusive property of Company and that all intellectual property rights associated with the Online Bar, including any patent applications or patents, copyrights, trademarks, trade secrets, and other intellectual property rights, are owned by Company.
2. You agree that you will not use the Online Bar or any part thereof, directly or indirectly, in competition with Company, or in any manner that is detrimental to Company’s interests, without Company’s prior written consent.
3. You agree to keep the Online Bar confidential and to use your best efforts to prevent the disclosure or use of the Online Bar or any part thereof by any third party.
4. You agree to promptly notify Company of any unauthorized use or disclosure of the Online Bar or any part thereof.
5. This Document represents the entire agreement between the parties with respect to the Online Bar and supersedes all prior agreements and understandings, whether written or oral.
Kwikful Limited is a duly registered company operating in Jamaica and the United States of America, with respect to the proprietary technology and intellectual property rights of Kwikful for the “Online Bar” features and capabilities.
WHEREAS, Kwikful is the owner of the “Online Bar” features and it’s capabilities, which include a cashless, scan-and-pay, online bar with the ability to send the bar web address to friends and family anywhere in the world, hassle-free ordering and payment, and a dashboard for event organizers to track all sales and receive notifications every time a sale is made.
WHEREAS, Kwikful desires to protect its intellectual property rights in the “Online Bar” features and capabilities.
WHEREAS, Party desires to use Kwikful’s “Online Bar” features and capabilities, and/or enter into a business relationship with Kwikful.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth below, Kwikful and Party hereby agree as follows:
1. INTELLECTUAL PROPERTY RIGHTS
1.1 Ownership of Intellectual Property. Kwikful is the owner of all proprietary technology and intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, and know-how, relating to the “Online Bar” features and capabilities. Party acknowledges and agrees that Kwikful owns and retains all right, title, and interest in and to the “Online Bar” features and capabilities, and all intellectual property rights therein.
1.2 No Transfer of Intellectual Property Rights. Nothing in this Documentation shall be construed as a transfer, assignment, or grant to Party of any right, title, or interest in or to the “Online Bar” features and capabilities or any intellectual property rights therein.
1.3 Limited License to Use “Online Bar” Features and Capabilities. Kwikful grants Party a limited, non-exclusive, non-transferable, and revocable license to use the “Online Bar” features and capabilities solely for the purpose of [INSERT PURPOSE, E.G. SELLING DRINKS AT EVENT]. Party shall not use the “Online Bar” features and capabilities for any other purpose without Kwikful’s prior written consent.
1.4 No Reverse Engineering. Party shall not reverse engineer, disassemble, or decompile any of the “Online Bar” features and capabilities, or attempt to discover any source code or underlying ideas or algorithms of the “Online Bar” features and capabilities.
1.5 No Derivative Works. Party shall not create any derivative works based on the “Online Bar” features and capabilities, or modify, adapt, or translate any of the “Online Bar” features and capabilities.
1.6 No Sale or Transfer of “Online Bar” Features and Capabilities. Party shall not sell, transfer, assign, or otherwise dispose of any of the “Online Bar” features and capabilities, or any interest therein, to any third party.
2.1 Definition of Confidential Information. “Confidential Information” means any information disclosed by Kwikful to Party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, the “Online Bar” features and capabilities, all source code, object code, and documentation related thereto, and all information related to the business, operations, customers, and furthermore, it is important to note that the “Online Bar” feature is a proprietary technology owned by Kwikful Limited and is protected by patents, trademarks, and copyrights. Any unauthorized use of this technology will be a violation of our intellectual property rights.
Kwikful Limited has invested significant resources in the development and maintenance of the “Online Bar” feature, and we take the protection of our intellectual property very seriously. Any attempt to infringe upon our intellectual property rights will be met with swift legal action.
We also want to ensure that our customers are aware of their responsibilities in using the “Online Bar” feature. Customers are prohibited from using the “Online Bar” feature for any illegal or unauthorized purpose. They are also prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products, or services obtained from the “Online Bar” feature.
Additionally, Kwikful Limited does not assume any liability for the content or accuracy of any information provided through the “Online Bar” feature, and we reserve the right to modify or discontinue the feature at any time without notice.
In conclusion, Kwikful Limited takes the protection of its intellectual property very seriously and will take all necessary steps to enforce our rights. We urge our customers to use the “Online Bar” feature responsibly and in compliance with all applicable laws and regulations.