Terms and Conditions

Intellectual Propertly

Terms and Conditions

AtomGold is a transparent and ethical company and expects that its ethics and values are intentionally upheld all across. AtomGold is bound by the relevant law of the land.

We suggest you go through our policies carefully and keep visiting for updates.

Use of the AtomGold Platform/AtomGold Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the AtomGold website located at atomgold.in, and all associated sites linked to atomgold.in, or any similar platform (hereinafter collectively, the AtomGold Platform run by Mr. Vikram Karthikeya, having its registered office at #4-39, Bazar Street, Puttur, Chittoor District, Andhra Pradesh, India, and/or any of its affiliates on any device and/or before availing any services offered by AtomGold on the AtomGold Platform which may include marketplace service or any other service that may be offered by AtomGold on the AtomGold Platform. For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all AtomGold Services, whether offered by AtomGold or its affiliates.

Acceptance

By registering on, accessing, browsing, using the AtomGold Platform for any general-purpose or for the specific purpose of availing any AtomGold Service, you agree to be bound terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each AtomGold Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to any AtomGold Service or any future service that may be offered by AtomGold on the AtomGold Platform. By registering on, accessing, browsing, or using (as applicable) the AtomGold Platform or availing any AtomGold Service, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the AtomGold Platform and immediately terminate your availing the AtomGold Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the AtomGold Platform or a customer or beneficiary of the AtomGold Services, and AtomGold. All services are rendered by AtomGold through the AtomGold Platform under the brand name “AtomGold” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities, and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, AtomGold, the marketplace service, or any such other services which may be added to the AtomGold Platform and which will henceforth be an AtomGold Service, from time to time. The AtomGold Services shall be used by you subject to your adherence to the T&Cs. As long as you accept and comply with these T&Cs, AtomGold grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the AtomGold Platform and/or avail of the AtomGold Services.

Eligibility

The AtomGold Services are not available to persons under the age of 18 or to anyone previously suspended or removed by AtomGold from availing the AtomGold Services or accessing the AtomGold Platform. By accepting the T&Cs or by otherwise using the AtomGold Services on the AtomGold Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by AtomGold, or disqualified for any other reason, from availing the AtomGold Services or using the AtomGold Platform. In addition, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, AtomGold reserves the right to suspend or permanently prevent you from availing AtomGold Services or using the AtomGold Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for you to avail of specific AtomGold Services and to specific portions or features of the Atomgold Platform, including contests, promotions, or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the AtomGold Platform or for any AtomGold Service offered on or through the AtomGold Platform, the latter terms shall control with respect to your use of that portion of the AtomGold Platform or the specific AtomGold Service.

AtomGold may make changes to any AtomGold Services offered on the AtomGold Platform, or to the applicable terms for any such AtomGold Services, at any time, without notice. The materials on the AtomGold Platform with respect to the AtomGold Services may be out of date, and AtomGold makes no commitment to update the materials on the AtomGold Platform with respect to such AtomGold Services.

Communication Policy

By accepting the T&Cs, you accept the following:

AtomGold may send alerts to the mobile phone number provided by you while registering with the AtomGold Platform on any updated mobile number subsequently provided by you on the AtomGold Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of an e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
AtomGold will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from AtomGold as an alert on the mobile phone number or e-mail id provided during the course of or in relation to, using the AtomGold Platform or availing any AtomGold Services. AtomGold shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold AtomGold liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
The SMS/e-mail alert/push notification service provided by AtomGold is an additional facility provided for your convenience and that it may be susceptible to error, omission, and/or inaccuracy. In the event that you observe any error in the information provided in the alert, AtomGold shall be immediately informed about the same by you and AtomGold will make the best possible efforts to rectify the error as early as possible. You shall not hold AtomGold liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
The clarity, readability, accuracy, and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. AtomGold shall not be responsible for any non-delivery, delayed delivery, or distortion of the alert in any way whatsoever.
You will indemnify and hold harmless AtomGold and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges, and expenses whatsoever including legal charges and attorney’s fees which AtomGold or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by you or improper or fraudulent information provided by you; (ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of the ticket, change in bus schedule, delay, and/or rescheduling from AtomGold and/or the SMS/e-mail service provider.
You will receive information via SMS, email, and phone call regarding what AtomGold perceives to be of personal interest based on your usage history and browsing history (which information may be shared by AtomGold with its affiliates). This includes providing information relating to offers, discounts, and general information by AtomGold. In case you do not want such information, you have to explicitly ask to be excluded.

Use of AtomGold Platform

You understand that except for information, products, or services clearly indicated as being supplied by AtomGold, we do not operate, control, or endorse any information, products, or services on the Internet in any way. You also understand that AtomGold cannot and does not guarantee or warrant that files available for download through the AtomGold Platform will be free of viruses, worms, or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the AtomGold Platform or by availing AtomGold Services, you agree not to:

violate the T&Cs;
impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the AtomGold Services, perform any other similar fraudulent activity or otherwise avail AtomGold Services with what we reasonably believe to be potentially fraudulent funds;
infringement of our or any third party’s intellectual property rights, rights of publicity, or privacy;
use the AtomGold Services if you are under the age of 18 years without a parental sponsor or, in any event, use the AtomGold Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
post or transmit any message which is libelous, defamatory, or which discloses private or personal matters concerning any person;
post or transmit any message, data, image, or program which is pornographic, vulgar or offensive in nature;
refuse to cooperate in an investigation or provide confirmation of your identity or any other information provided by you to AtomGold;
remove, circumvent, disable, damage, or otherwise interfere with security-related features of the AtomGold Services and the AtomGold Platform or features that enforce limitations on the use of the AtomGold Services or the AtomGold Platform;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards AtomGold Services or AtomGold Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
use the AtomGold Services or the AtomGold Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the AtomGold Services or the AtomGold Platform in an automated manner;
modify, adapt, translate or create derivative works based upon the AtomGold Services and the AtomGold Platform or any part thereof, except and only to the extent that this is permissible by applicable law;
intentionally interfere with or damage operation of the AtomGold Services or the AtomGold Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
use any robot, spider, other automatic devices, or manual process to monitor or copy the AtomGold Platform without prior written permission;
interfere or disrupt the AtomGold Platform or networks connected to the AtomGold Platform;
take any action that imposes an unreasonably or disproportionately large load on AtomGold’s infrastructure/network;
use any device, software, or routine to bypass the AtomGold Platform’s robot exclusion headers, or interfere or attempt to interfere, with the AtomGold Services;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the AtomGold Platform or to manipulate your presence on the AtomGold Platform;
sell the AtomGold Services, information, or software associated with or derived from it;
use the facilities and capabilities of the AtomGold Platform to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
provide false, inaccurate, or misleading information;
use the AtomGold Platform to collect or obtain personal information, including without limitation, financial information, about other users of the AtomGold Platform, except and only as expressly provided in the T&Cs;
avail AtomGold Services with what AtomGold reasonably believes to be potentially fraudulent funds;
use the AtomGold Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to AtomGold, a third party, or you;
use the AtomGold Services in a manner that AtomGold or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
take any action that may cause AtomGold to lose any of the AtomGold Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors, or other suppliers;
send automated requests of any kind to the AtomGold Platform without express permission in advance from AtomGold.

Termination; Agreement Violations

You agree that AtomGold, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the AtomGold Services/AtomGold Platform and remove and discard on the AtomGold Platform all or any part of your account, your user profile, or your recipient profile at any time. AtomGold may also in its sole discretion and at any time discontinue providing access to the AtomGold Services, or any part thereof, with or without notice. You agree that any termination of your access to the AtomGold Services/AtomGold Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that AtomGold will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies AtomGold may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the AtomGold Services/AtomGold Platform.
Limitation of Liability and Damages

In no event, AtomGold or its contractors, agents, licensors, partners, or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this Agreement; (ii) the AtomGold Services, the AtomGold Platform or any reference site/app/platform/service; or (iii) your use or inability to use the AtomGold Services, the AtomGold Platform (including any and all materials) or any reference sites/app/platform/service, even if AtomGold or AtomGold authorized representative has been advised of the possibility of such damages. In no event, AtomGold or any of its contractors, directors, employees, agents, third-party partners, licensors, or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the AtomGold Services, the AtomGold Platform or any reference site/app/platform/service; or (iii) your use or inability to use the AtomGold services, the AtomGold Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with AtomGold, however, caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the AtomGold Service or the AtomGold Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that AtomGold has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and AtomGold, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and AtomGold. AtomGold would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, AtomGold’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold AtomGold, its affiliates, contractors, employees, officers, directors, agents, and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs, and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the AtomGold Services or of the AtomGold Platform; (ii) any breach of the representations, warranties, and covenants made by you herein. AtomGold reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AtomGold, including rights to settle, and you agree to cooperate with AtomGold’s defense and settlement of these claims. AtomGold will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive the termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, DealAmaze and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express, or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from AtomGold or through the AtomGold Services or the AtomGold Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “AtomGold” includes AtomGold’s officers, directors, employees, shareholders, agents, licensors, subcontractors, and affiliates. You acknowledge that AtomGold is a reseller of All Accessories and obligations due to rates, quality, and all other instances, whether to any such or otherwise. You expressly agree that the use of the AtomGold Services on the AtomGold Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the site or on the Internet generally. AtomGold does not warrant that the AtomGold Services will be uninterrupted or error-free or that defects in the site will be corrected. The AtomGold Services and the AtomGold Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. AtomGold and its third party suppliers, licensors, and partners do not warrant that the data, AtomGold software, functions, or any other information offered on or through the AtomGold Services/AtomGold Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. AtomGold and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the AtomGold Services/AtomGold Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the AtomGold Services/AtomGold Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive the termination of this Agreement. In no event will AtomGold be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the AtomGold Platform.

Ownership; Proprietary Rights

The AtomGold Services and the AtomGold Platform are owned and operated by AtomGold and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the AtomGold Services and the AtomGold Platform provided by AtomGold (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between, you and AtomGold, all Materials, trademarks, service marks, and trade names contained on the AtomGold Platform are the property of AtomGold and/or third-party licensors or suppliers. You agree not to remove, obscure, or alter AtomGold or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the AtomGold Services/AtomGold Platform. Except as expressly authorized by AtomGold, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. AtomGold reserves all rights not expressly granted in this Agreement. If you have comments regarding the DealAmaze Services and/or the DealAmaze Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to AtomGold, and shall assign to AtomGold, all rights, title, and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

AtomGold reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting a notification on the AtomGold Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the AtomGold Platform, availing the AtomGold Services, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy are to terminate your use of the AtomGold Services/AtomGold Platform. For certain changes, AtomGold may be required under applicable law to give you advance notice, and AtomGold will comply with such requirements. Your continued use of the AtomGold Platform following the posting of changes will mean that you accept and agree to the changes.

Notice

AtomGold may provide you with notices and communications by e-mail, SMS, push notifications, regular mail, or postings on the AtomGold Platform or by any other reasonable means. Except as otherwise set forth herein, notice to AtomGold must be sent by courier or registered mail to ATOMGOLD, 4-39, Bazar Street, Puttur, Chittoor Dist., A.P. India.

Waiver

The failure of AtomGold to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by AtomGold.

Dispute Resolution

If any dispute, controversy, or claim arises under this Agreement or in relation to any AtomGold Service or the AtomGold Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably.

If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, AtomGold may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Hyderabad and the language of this arbitration shall be English. Either you or AtomGold may seek any interim or preliminary relief from a court of competent jurisdiction in Puttur,A.P necessary to protect the rights or the property belonging to you or AtomGold (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor AtomGold may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and AtomGold. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against AtomGold must be resolved by a court having jurisdiction in Puttur, A.P., India. You agree to submit to the personal jurisdiction of the courts located within Puttur,AP., India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive the termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid, or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without AtomGold’s prior written consent which may be withheld in AtomGold’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by AtomGold freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

By accepting this Agreement and the T&Cs hereunder, you agree to be customers of AtomGold (including, each of AtomGold and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring AtomGold’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the AtomGold Platform and availing the AtomGold Services by you subject to any specific terms and conditions imposed by any affiliate of AtomGold; (c) for receiving communications, notices and information from any AtomGold; (d) for sharing of business information (including data analytics and any information relating to you or the services being availed by you) between AtomGold and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to AtomGold’s customers (including you); (ii) provision of better services by AtomGold’s vendors; (iii) to prevent any breach of a binding agreement between AtomGold and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by AtomGold; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of AtomGold; or (vi) AtomGold retaining any and all information relating to you till such time as may be required under applicable laws or internal policies.

At times AtomGold or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with AtomGold to provide products and services, or that help the AtomGold market to customers. Personal information will only be shared by AtomGold to provide or improve AtomGold’s products, services, and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes.

AtomGold, among others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in AtomGold’s products and services, offering any products or services from any AtomGold Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect your personal information under applicable law.

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for AtomGold to disclose your personal information. AtomGold may also disclose information about you if AtomGold determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

AtomGold may also disclose information about you if AtomGold determines that disclosure is reasonably necessary to enforce the T&Cs or protect AtomGold’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of AtomGold’s business or products or services offered through any AtomGold Platform to any persons (including any affiliates), AtomGold may transfer any and all personal information that AtomGold collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits too such transferees.

For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013), or associate company (as defined in the Companies Act, 2013) of AtomGold; or (b) a person under the control of or under common control with AtomGold; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of AtomGold (calculated on a fully diluted basis).

For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including AtomGold), means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organization or other bodies whatsoever.

AtomGold’s privacy policy applies to the use of the AtomGold Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the AtomGold Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the AtomGold Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationships prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between you and AtomGold relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by AtomGold in accordance with the terms of this Agreement.

Coupon Redemption

In addition to the T&Cs, coupon redemption is subject to the standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on behalf of respective retailers. Hence, any damages, injuries, losses incurred by you as a result of using the coupon are not the responsibility of AtomGold and its affiliates, and each of their directors, officers, employees, and agents. Total cashback for a user cannot be more than 50% of his payments or Rs 5,000, whichever is higher. This term supersedes any offer related to any other AtomGold Service.

Physical Goods Marketplace – Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the AtomGold website located at www.atomgold.in, and all associated sites linked to www.atomgold.in, or any similar platform (hereinafter collectively, the AtomGold Platform run by AtomGold, having its registered office at Door No. 4-39, Bazar Street, Puttur, Chittoor DIst., A.P., India. On any device and/or before availing any physical goods marketplace related services offered by AtomGold on the AtomGold Platform (hereinafter individually, and collectively, the AtomGold Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all AtomGold Services, whether offered by AtomGold INDIA or its affiliates.

Eligibility

AtomGold Marketplace Terms and Conditions

The terms and conditions in relation to the online marketplace service on the AtomGold Platform set out below (hereinafter Marketplace Terms) are applicable to and binding on you in conjunction with the general T&Cs already accepted by you. Each T&C is applicable to and binding on you, or any of your activities on the AtomGold Platform, even if such term or condition is not specifically reproduced hereinbelow. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, other service-specific terms and conditions in relation to AtomGold Services or AtomGold Platform.

AtomGold is the provider of an online marketplace service, where branded merchandise is displayed online by the various registered merchants (hereinafter Merchant or Merchants) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. AtomGold offers the online marketplace service to you through various modes including the issue of coupons & vouchers and through various websites accessible through the AtomGold Platform. The actual contract for sale is directly between the Merchant and you. AtomGold provides the services of listing catalogs, pricing, shipping, etc. which is informational and it is up to you to follow it or not. AtomGold may help facilitate the resolution of disputes through various modes. AtomGold has no control over (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third-party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. AtomGold does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does AtomGold, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:

AtomGold, through the AtomGold Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of the offer for sale, and such other additional terms, if any, as specified by the Merchant. AtomGold is a service provider and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
AtomGold may offer delivery services for some of the products on the AtomGold Platform as per AtomGold’s T&Cs, which may be changed by AtomGold without any notice to you.
AtomGold is not a warrantor of the products/ services being offered on the AtomGold Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/manufacturers/ owners of brands/ sellers. However, in case any product is covered under the seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that AtomGold gives no guarantee, either express or implied, regarding the product bought by you or for the use or availability of an online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing of such services.
The price of products offered on the AtomGold Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. AtomGold is not liable for any manufacturing defect, faulty product received, warranty claims, after-sales service for any of the products purchased on the AtomGold Platform. AtomGold is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. AtomGold will make its best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of the wrong product.
The AtomGold Platform makes available general third-party information such as product catalogs, lists of authorized dealers, and reports on news, entertainment, technology and features, advertisements, images and photographs of the products, and other data from external sources hereinafter Third Party Content). Similar Third Party Content would also be available to you on the email received by you from AtomGold. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. AtomGold does not provide any guarantee with respect to any of the Third Party Content and AtomGold shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
Cancellation
1. Cancellation by AtomGold: There may be certain orders that AtomGold Merchant partners are unable to accept and service and these may need to be canceled. Some situations that may result in your order being canceled include, non-availability of the product or quantities ordered by you, non-availability of the delivery service in the address to which the product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, or problems identified by AtomGold’s credit and fraud avoidance department. AtomGold may also require additional verifications or information before accepting any order. AtomGold will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card or bank account has been charged, the said amount will be reversed back to your credit card/bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or AtomGold.
2. Cancellation by the User: In case of requests for order cancellations, AtomGold reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if AtomGold receives a cancellation notice and the order has not been processed/ approved by AtomGold, AtomGold shall cancel the order and refund the entire amount to you instantly. AtomGold will not be able to cancel orders that have already been partially or fully processed. AtomGold has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by AtomGold and accept AtomGold’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, a refund shall be made subject to the returns process post-return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.

AtomGold reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by AtomGold as per certain criteria. Any AtomGold promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below-mentioned criteria, which includes:
1. Products ordered are not for self-consumption but for commercial resale;
2. Multiple orders placed for the same product at the same address;
3. Bulk quantity of the same product ordered;
4. Invalid address given in order details; or
5. Any malpractice used to place the order.

Promo codes shall be subject to specific terms and conditions, from time to time, and AtomGold may disallow usage which breaches such terms and conditions.

Delivery of the Product: Your shipping address and pin code will be verified with the database of AtomGold for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by AtomGold, in such cases, AtomGold will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, AtomGold would endeavor to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses.

Return Policy
1. In the event, you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
2. Upon receiving your complaint, AtomGold shall verify the authenticity and the nature of the complaint. If AtomGold is convinced that the complaint is genuine, AtomGold will inform the relevant Merchant of such a complaint and request a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, AtomGold reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by AtomGold in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and AtomGold shall not in any manner be held liable for the same.
3. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered with. If you observe that the package is damaged or tampered with, AtomGold requests you to refuse to accept delivery and inform AtomGold at the earliest. The return process of the product may be restricted by AtomGold depending on the nature and category of the product.
4. In order to return any products sold through the AtomGold Platform, you are required to comply with the following conditions:
  1. For non-damaged/non-defective product/service, you shall be allowed to return the product within the time frame displayed on the website at the time of purchase;
  2. Please notify AtomGold of receipt of damaged/ defective product/service within 48-hours of delivery to you. If you are unable to do so within 48-hours, AtomGold/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
  3. AtomGold will arrange pick-up of the damaged/defective product through its own logistics partner. In the event AtomGold is unable to do so, AtomGold will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with AtomGold;
  4. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
  5. AtomGold offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize AtomGold to place the return shipping costs on your invoice;
  6. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage to products during transit;
  7. The returned products are subject to verification and checks by AtomGold in order to determine the legitimacy of the complaint/ return;
  8. In the event the return of a product is duly accepted by AtomGold, the value of such a product, as originally paid by you during acceptance of delivery of a product or otherwise, will be refunded to you. The refund will be processed based on the mode of payment and AtomGold will credit your refunds directly into AtomGold Wallet account. Refunds will be subject to the following:
    1. Orders paid online will be refunded instantly through the AtomGold Wallet;
    2. For Cash on Delivery payments also the amount will be refunded into your AtomGold Wallet;
    3. You can trigger a request in your AtomGold Wallet to transfer the money from your AtomGold Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reason, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to AtomGold.
  9. A promo code, once used, shall not be refunded in case of cancellation of order either by you or AtomGold.

Use of Information: We may share your telephone/mobile numbers or e-mail addresses with our service providers (such as billing or collections companies) who we have contracted with AtomGold to assist us in pursuing our rights or performing our obligations under the user agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using auto-dialed or prerecorded messages calls and/or SMS or messages in any form, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
By accepting the Marketplace Terms here and the T&Cs in general, you accept that AtomGold may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the AtomGold Service/AtomGold Platform or to any such number/e-mail address replaced and informed by you subsequently.
Content: While AtomGold tries to offer reliable data, AtomGold cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs or create any derivative works based on catalog content.
Limitation of liability and waiver: In no event, AtomGold or its Merchants, sellers, contractors, agents, licensors, partners, or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the AtomGold Services, the AtomGold Platform or any reference site/app/platform/service; or (iii) your use or inability to use the AtomGold Services, the AtomGold Platform (including any and all materials) or any reference sites/app/platform/service, even if AtomGold or a AtomGold authorized representative has been advised of the possibility of such damages. In no event, AtomGold or any of its contractors, directors, employees, agents, third-party partners, licensors, or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the AtomGold Services, the AtomGold Platform or any reference site/app/platform/service; or (iii) your use or inability to use the AtomGold services, the AtomGold Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with AtomGold, however, caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the AtomGold Service or the AtomGold Platform giving rise to the cause of action, or beyond or in excess Rs. 1,000/-, whichever is less. You acknowledge and agree that AtomGold has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and AtomGold, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and AtomGold. AtomGold would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, AtomGold’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, and the Marketplace Terms.
Dispute Resolution: If any dispute, controversy, or claim arises under this Agreement or in relation to any AtomGold Service or the AtomGold Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs

Changes to this agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Contact Us

If you have any questions about this Agreement, please contact us filling this contact form.