HomeProducts & Servicesatom (Mobile Based Payments)Disclaimer

Disclaimer

atom is a proprietary mobile software application developed, operated and owned by ATOM Technologies Limited.  atom enables end customers to make payments to the participating Merchants by using their mobile phones.

Please read this document carefully before accessing or using the atom application. By accessing or using the mobile software application “atom”, you as an end user of atom mobile application agree to be bound by the terms and conditions set forth below.

TERMS AND CONDITIONS

USE OF THIS MOBILE APPLICATION
Your use of atom constitutes unconditional acceptance of the terms set forth below. Upon completion of the process of downloading atom on your mobile phone you are given a limited, non- exclusive, non transferable, non assignable, non- sub licensable and revocable license to use atom application on your mobile phone. You shall use atom on your mobile phone at your own risk and agree not to blame atom for any malfunction/s developed on your phone subsequently.

PROPRIETARY RIGHTS
atom technologies Limited is the sole and absolute owner of all the intellectual property rights whatsoever in the trade mark atom and the design in respect thereof and protected by copyright and trademark laws and other intellectual property laws.

atom technologies Limited and all its associated companies together with their logos, trademarks and graphics (including symbols and artwork) are all trade names, trademarks or service marks of ATOM Technologies Limited and shall not be used without its permission. In addition to this you are as an end user of the atom mobile application are not permitted to alter, obscure or remove any copyright, trademark or other notice on atom. You as an end user of atom mobile application agree to comply with all local laws, rules and regulations regarding the download, installation and/or use of mobile processing software.

CHANGES TO THIS MOBILE PROCESSING SOFTWARE
Atom Technologies Limited reserves the right to:  
(i) Change, add, modify or remove any information and materials on atom mobile application in any manner and at any time, and / or
(ii) Suspend, limit, restrict and/or deny access to any aspect or component or part of the atom mobile application at any time for any reason, including, without limitation, for any scheduled or unscheduled maintenance, upgrades, improvements or corrections or without giving any prior intimation to the end customers using the atom mobile application or to the participating merchants or any other entity related or not related to atom technologies.

You as an end user of atom mobile application will be notified of any such changes incorporated into the atom mobile application by an SMS notification or by an email notification or by a telephonic call notification and you are required to be updated about all such changes in terms posted in its Site. You as an end user of atom mobile application authorize atom to engage with you through the above mentioned notifications and shall not hold atom technologies limited or any of its subsidiaries, office bearers or any director, officer or employee liable for violation of your privacy even if you have registered your mobile number with the national-do-not-call (NDNC) registry

By keeping or using the service after notification, you are deemed to have agreed to the amendment/change. If you as and end user of atom mobile application do not agree with any amendment incorporated in the terms and conditions you may cancel the service by informing about the same to atom Technologies Limited in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
atom Technologies Limited will act as co-coordinating agent between the you as an end user of atom mobile application and the participating merchants and all payments made by you as an end user of atom mobile application will constitute a valid discharge of the customer obligation to pay to the participating merchants, supplying goods or services to the Customers.

atom Technologies Limited provide all Services on an "as is" and "as available" basis; and does not warrant or guarantee that any service made available by the participating merchant and availed by you as an end user of atom mobile application:

• Is Free of errors or interruptions
• Will conform with your requirements
• Will be made available to you with the committed service and / or product delivery timelines and as per the expected quality
• Will always be available and reliable
• Meets your requirements in terms of quality, performance, delivery, pricing etc.

Any dissatisfaction regarding quality, pricing, delivery or non-delivery of goods and services and/or damage/defects in such goods & services shall addressed by the respective participating merchants. Atom shall not be held responsible for addressing and or resolving any  such disputes in any manner whatsoever

ATOM Technologies Limited will only facilitate mobile payments service and will not be liable for such problem on the part of Customers or on the part of the participating merchant.

Any chargeback of transactions done through Mobile Processing Software will be sought by end customers from respective participating merchants only.

In case of loss / theft / destruction of the Mobile of your mobile phone, you as the end user of atom mobile application must deactivate the Mobile / SIM card by contacting your service provider. In the event that atom determines that the Customer has failed to take the above mentioned steps atom technologies does not take any financial liability arising out of any subsequent unauthorised use of the atom mobile application through any such handset.

You as an end user of atom mobile application are required to maintain the secrecy of your atom mobile application transaction PIN and need to ensure that the same is not shared with anyone and in any manner whatsoever. In the event that atom determines that the Customer has failed to ensure the secrecy of the atom mobile application transaction PIN atom technologies does not take any financial liability arising out of any subsequent unauthorised use of the atom mobile application.

You as an end user of atom mobile application will be fully liable for:
(a) Prevention of unauthorized use of the atom mobile application; and/or
(b) Ensuring that all transactions are initiated as well as completed in a completely safe and secure manner

In case of any technical problem atom will make its best endeavor to resolve the problem within shortest possible time and shall not be responsible for any technical failure or malfunctioning of the software/ hardware components of the atom mobile application and you’re your mobile phone or delays of any kind.

Neither ATOM Technologies Limited nor any of its subsidiaries, group companies nor any director, officer or employee of the foregoing shall be liable or have any responsibility towards you as an end customer or as a participating merchant availing the services of atom mobile application for any loss, damage, expense, claim or liability arising directly or indirectly out of any defect or deficiency in any goods and services purchased and or sold by you or availed as a benefit, privilege or facility attached to the service; refusal by or inability of a merchant Establishment to honor or accept the service; handing over of the relevant access control/password/PIN by end customer to any unauthorized person; any injury to the credit, character and reputation of yours alleged to have been caused by the repossession of the service and/or request for its return.

All the services to be availed of and /or the goods to be purchased /procured by the Customer from the third parties under the terms and conditions herein, will be so purchased/procured by the end customer at its own risk and costs. ATOM Technologies Limited shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect thereof and no guarantee, warranty or any indemnity shall be given or deemed to be given by ATOM Technologies Limited in respect thereof.

Without limiting any of the foregoing, in no event will ATOM Technologies Limited or any of its subsidiaries or any director, officer or employee of the foregoing be liable for any consequential, special, punitive, incidental, indirect or similar damages arising from, related to or connected with your use of the atom mobile application, advised of the possibility of such damages.

LEGAL RESTRICTIONS
The atom mobile application shall not be used by any person or entity in any jurisdiction where the direction or use of such information and materials is prohibited or would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization.

SERVICE CHARGES
The usage of atom mobile application provided by ATOM Technologies Limited under this term and conditions are free of charges as of the date however reserves its right to introduce service charges in future with prior intimation and the return confirmation from the end customer.

Atom technologies and or the participating merchants are however free to levy service charges or fees on the end customers for any or all the services made available to you through the atom mobile application. You as an end user of atom mobile application will be intimated about any and all such service charges and or fees levied on any or all the services prior to the completion of the initiation and or completion of the payment transaction and your are required to confirm the acceptance of the same by select the appropriate confirmation option featuring in the user interface of the atom mobile application.

INDEMNITY 
You as an end user of the atom mobile application and / or as a participating merchant agree to indemnify, defend and hold harmless ATOM Technologies Limited, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions (including negligent or wrongful conduct) by you or any other person accessing the Service.

GOVERNING LAW, JURISDICTION AND ARBITRATION
All the end customer’s use of this Mobile processing software are governed by and shall be construed in accordance with the laws of India and any dispute as to its terms shall be submitted to the exclusive jurisdiction of the courts of Mumbai.

Any dispute, difference and/ or claims arising out of in connection with or in relation to these terms and conditions, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, by a sole arbitrator, whose appointment shall be made at the instance and discretion of ATOM Technologies Limited. The arbitrator appointed shall be competent to decide whether any matter or dispute or difference referred to the arbitrator falls within the purview of arbitration as provided for in this clause and/or should be decided under the Arbitration and Conciliation Act, 1996.

Any arbitration award granted shall be final and binding on the Parties. The venue and seat of the Arbitral Tribunal shall be at Mumbai.

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