These terms and condition apply to all transactions involving use of the atom Wallet and form the complete contract between the member and the atom subject to which the atom Wallet is issued by the atom.
In relation to these Terms and Conditions:
- All references to singular shall include plural and masculine gender shall include feminine gender
- The clause headings are only for convenience and do not affect the meaning of the relative clause
- If any provision hereof is held to be illegal, void or unenforceable by any court of competent jurisdiction, such provision shall be deemed to be deleted here from and the remaining Terms and Conditions shall continue in force and effect
In this document, the following words and phrases shall have the following meanings: “Applicant” in relation to an atom Wallet means a person who applies for and receives the atom Wallet from Atom Technologies Limited. “Available Amount” means in relation to an atom Wallet, the amount available at a given point of time for use on the atom Wallet, being a sum of amount(s) deposited in the atom Wallet Account as reduced by a) the amount(s) utilized by using the atom Wallet for Transaction(s) and b) fees, costs and expenses on the atom Wallet charged by the atom to the atom Wallet Account. “atom”, “our”, “us”, or “we” refers to Technologies Limited, a limited company incorporated in India under the Companies Act 1956 and having its office at FT Tower, CTS 256 & 257, Suren Road, Chakala, Mumbai 400093 and a includes its successors and assigns. “atom” shall mean Technologies Limited i.e. the proprietors of the atom Wallet “Card Account” means the account opened in the name of the member and maintained by atom technologies limited for the purpose of usage of the card as per the Terms and Conditions contained herein “member” means Individuals/Organization who has acquired atom Wallet / prepaid instruments for purchase of goods and service “atom Wallet” means a prepaid card / wallet issued by the atom to a member in terms hereof in either physical form or electronic form or a combination of both. It facilitates purchase of goods and services against the value stored on such instruments. “Enterprise” shall mean any company, partnership firm and/or sole proprietorship firm that desires to utilize the facility of atom Wallet provided by atom technologies limited, to its employees/consultants/distributors as the case may be “Merchant” means an establishment which has an arrangement with an atom Wallet program member atom(s) to accept and honour an atom Wallet, for paying consideration for sale of goods and services by the Merchant to the member. Merchants shall include among others, stores, shops, restaurants, airline organizations as advertised from time to time by the atom. “PIN” means the Personal Identification Number required for using an atom Wallet on a mobile prepaid terminal allocated by the atom or chosen by the member from time to time. “Transaction” means an instruction or an inquiry or communication as appearing in the atom’s records, given or made by an member using an atom Wallet directly or indirectly to the atom to effect a transaction, whether via Mobile or any other device of the atom or of the atom’s shared network. “Tariff Annexure” refers to the annexure detailing the charges applicable for services offered on the card. Charges are subject to changes without prior notice at the sole discretion of atom technologies limited. However such changes in the charges may be made only with prospective effecting & updated on the website. Application for an atom Wallet A person desirous of availing an atom Wallet should apply to atom or its Associate & fill the atom Wallet Application along with Identity & KYC documents wherever applicable. atom shall have a right, not to consider any application, without assigning any reason. atom Wallet Security
atom Wallet Validity & Use
- The member shall be responsible for the security of the atom Wallet and ensure all steps towards the safekeeping and authorized use of the atom Wallet.
- Atom will initially allot a PIN on atom Wallet and the member which shall be sent to the customer in a secure manner.
- The member shall not disclose the PIN to anyone nor record it on the atom Wallet or elsewhere.
- The security of the PIN is very important and breach of any of the above requirement shall amount to unauthorized use of the atom Wallet without the atom being liable for such use.
- The card is not transferable
- Person to person transfer of value shall not be permitted
Merchant Location and Point of Sale Usage
- The atom Wallet is issued & shall be valid only in India.
- In case of physical card it shall be valid up to the last working day of the month indicated on the card else the atom Wallet shall be automatically auto renewed every 6 months from creation date.
- The Applicant in relation to an atom Wallet may use the atom Wallet personally.
- The atom Wallet may be used at the atom’s Retail outlet & authorized Merchant for Transactions but not for cash withdrawal in either case.
- The atom Wallet may be used for Transactions up to the then Available Amount.
- The atom Wallet may be used by the member and no other person.
- Upon a Transaction utilizing an amount, such amount shall be reduced from the then available amount to arrive at a new Available Amount post such Transaction.
- atom Wallet can be used only with a valid pin or pre-approved secured means
- Atom and the Merchant Establishment concerned, reserve the right, at any time, to refuse the use of the Card at the merchant Establishment, for any reason, whatsoever.
- Upon usage of atom Wallet at the Merchant Establishment, it shall be the member’s responsibility to key in the pin and collect the customer copy of the charge slip in either paper or electronic form upon making payment using the physical card.
- Member’s right to use the card shall be terminated by Atom forthwith in the event of loss or theft of the card
- The Member shall act in good faith at all times in relation to all dealings with the atom Wallet and Atom
- The member shall accept full responsibility for wrongful use of atom Wallet and which is in contravention of these terms and conditions. The member shall indemnify Atom to make good any loss, damage, interest or any other financial charges that Atom may incur and or suffer whether directly or indirectly as a result of the member committing violations of these terms and conditions.
- Atom reserves the absolute discretion and liberty to decline or honor the authorization request on the atom Wallet without assigning any reason thereof
- The member agrees that he will not use the wallet for payment of any illegal/unlawful purchases/purposes.
- Atom may at its sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to its products/services.
- Atom is an authorized entity by Reserve Bank of India for providing semi-closed prepaid instruments.
Member/Members Obligations & Covenants
- Cash withdrawal is not allowed on atom Wallet.
- The atom Wallet will be honored by Merchants, who display the atom’s logo.
- Atom wallet promotional material or the atom’s symbol displayed on any premises is not a warranty that all goods and services available at those premises can be purchased with the atom Wallet.
- The atom Wallet is for electronic use only and will be acceptable only at a Merchant having an atom device terminal
- Any usage of the atom Wallet other than electronic use will be considered as unauthorized.
- Transactions are deemed authorized and completed once the atom device terminal generates a sale confirmation.
- The member should ensure that the atom Wallet is used for a transaction.
- A transaction acknowledgement slip will be printed and / or SMS sent to registered no. each time atom Wallet is used and the member should ensure that there is no unauthorized multiple usage of the atom Wallet at the Merchant location at the time of the purchase.
- Atom will not accept responsibility for any dealings the member may have with the merchant including but not limited to the supply of goods and services. Should the member have any complaints concerning any Merchant Establishments, the matter should be resolved by the member with the Merchant Establishment and failure to do so will not relieve the member from any obligations to the atom.
- Atom accepts no responsibility for any additional surcharge levied by a Merchant and debited to the atom Wallet Account unless the same is brought to the notice of Atom and disputed.
- Any charge or other payment requisition received from a Merchant by atom for payment shall be conclusive proof that the charge recorded on such requisition was properly incurred at the Merchant.
- All Refunds and Adjustments due to any Merchant/device error or communication link will be processed manually and the account will be credited after due verification,
- Use of atom Wallet at devices may entail a service charge and/ or Transaction fee and/or processing fee being levied on the atom Wallet.
- All such charges will be deducted from the Available Amount whether or not prior notice of such charges is given to the member.
- The member is advised to retain record of Transactions.
- The member is advised to keep themselves apprised on applicable charges on the atom website from time to time.
atom Wallet Loss
- The member shall notify atom immediately in case of change of his address.
- The member shall at all times ensure that the atom Wallet is kept safe.
- The member will be liable for all Transactions and for the related charges.
- The member accepts that at his request and risk atom has agreed to provide him the atom Wallet & accepts full responsibility for all Transactions recorded by use of his atom Wallet
- An instruction given by means of the atom Wallet shall be irrevocable.
- The member shall, in all circumstances, accept full responsibility for the use of the atom Wallet, whether or not processed with his knowledge or his authority, expressed or implied.
- The member irrevocably authorizes atom to debit the amounts utilized by using the atom Wallet for Transactions to his atom Wallet Account.
- The member should hold atom indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions.
- atom will employ its best efforts in carrying out the Transactions but will not incur any liability either to the member or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction or an instruction.
- The member can use his atom Wallet to pay for purchases at retail establishments which have agreed to accept the atom Wallet and are equipped with a transaction terminal.
- Individual or Enterprise may request atom for card cancellation. If the Enterprise is unable or unwilling to meet its obligation under these terms and/or the atom Wallet agreement, the member and the enterprise shall be bound jointly and severally by these terms and conditions, stipulated by Atom from time to time in this regards.
Reload and Refund
- If the atom Wallet is lost, the member must forthwith report such loss to the atom over the telephone at or by way of written communication to atom.
- atom upon verification of the loss atom Wallet report will be suspended & hot listed
- The member will continue to be liable for all transaction carried out on his atom Wallet till he reports the loss of his atom Wallet to the atom.
- The Member shall take cognizance of the fact that once a card is reported lost, stolen or damaged, the card cannot be used again, even if found subsequently. The Member declares that if a card is reported lost, damaged or stolen, it shall not be used again, even if found or said to be in a non-damaged condition subsequently
- The Member is responsible for the security of the card and shall take all steps towards ensuring that the card is not misused, In the event that Atom determines that the member has failed to take the steps as mentioned above in the case of loss/theft/destruction of the card and the same are questionable, financial liability would rest with the Member and could even result in cancellation of the card.
Fees & Charges
- atom is offering a reload facility on the atom Wallet however the reload facility can only be availed by the original purchaser of the atom Wallet and before the expiry period.
- The customer can recharge the pre-paid instrument directly (via net banking or credit / debit card on the atom website/application) / through retail outlet or co-brand partner.
Change of facilities
- atom reserves the right at any time to charge the member any fees/ charges for the transactions carried out by you on the atom Wallet. Details of applicable fees and charges can be obtained from the atom and are subject to change from time to time.
- Any government charges, or debits, or tax payable as a result of the use of the atom Wallet shall be the member’s responsibility.
- Amounts due and payable by the member, if not paid separately shall be recovered by the atom from the Available Amount.
Disclosure of Information
- The atom may, at its discretion, make available for the use of an atom Wallet through electronic devices. The member understands and agrees that such networks may provide different functionality, service offerings and different charges for different services and/or locations.
- The atom, shall, in its sole discretion, at any time, without notice to the member, be entitled to withdraw, discontinue, cancel, suspend/ or terminate the facility to use the atom Wallet and/ or services related to it at an devices and shall not be liable to the member for any loss or damage suffered resulting in any way from such suspension or termination.
- Maintenance: While advance notice of maintenance work likely to affect the availability of services, shall be given, atom reserves the right to suspend, without any notice, access to any device or the provision of all or any of the services, at any time, if atom deems it necessary to do so, whether for routine maintenance or for any other reason.
- atom reserves the right to disclose to other institutions, such information concerning the atom Wallet or the member as may be necessary or appropriate in connection with its participation in any Electronic Funds Transfer Network.
- The use of the atom Wallet at Electronic devices shall constitute the member’s express consent
- To the collection, storage, communication and processing of identifying and atom Wallet balance information by any means necessary for the atom to maintain appropriate Transaction records.
- To the release and transmission to participants and processors other networks of details of the member’s account and Transaction information and other data necessary to enable the atom Wallet to be used at an device.
- To the retention of such information and data by the said participants and processors in the atom/ other networks.
- To the compliance by the said participants and processors in the atom’s networks with laws and regulations governing disclosure of information to which such participants and processors are subject.
- To the disclosure of information to third parties about the Transactions where it so necessary for completing Transactions or when necessary to comply with law or government agency or court orders or legal proceedings or when necessary to resolve errors or question the member has raised or in order to satisfy the atom’s internal data processing requirements.
- The member hereby expressly authorises atom to disclose at any time and for any purpose, any information whatsoever relating to his personal particulars, atom Wallet, transactions, or dealings with the atom, to the head office or any other branches, subsidiaries, or associated or affiliated corporations of the atom wherever located, any government or regulatory agencies or authorities in India or elsewhere, any agents or contractors which have entered into an agreement to perform any service(s) for the atom’s benefit, and any other person(s) whatsoever where the disclosure is required by law or otherwise to whom the atom deems fit to make such disclosure.
- The member agrees to provide atom information that atom requires from the member by law or regulation, or any other appropriate information that the atom may reasonably request from time to time.
- The obligations with respect to the accounts hereunder are payable solely at atom location at which the atom Wallet was issued and are subject to the local laws(including, without limitation, any governmental acts, orders, decrees and regulations, including fiscal and exchange control regulations).
- The Member shall, prior to availing the atom Wallet Services from atom Technologies, obtain appropriate advice and shall familiarize himself with the associated risks and all the terms and conditions pertaining to the service. The Member shall further verify all facts and statutory provisions and seek appropriate professional advice including the relevant tax implications. The Member accepts and acknowledges that Atom is absolved of any liability to any person, in respect of anything done or omitted to be done by Member in any manner what so ever
Member disputes with Merchants
- The atom may at its sole discretion withdraw or suspend the atom Wallet or amend any of its features without advance notice to the member.
- atom shall have discretion for not to allow the cardholder to carry out a transaction where it has reason to believe that the use of the atom Wallet is not authorised or the Transaction appears not genuine or unclear or such as to raise a doubt
- Atom limited, at its sole discretion, reserves the right to either temporarily or permanently withdraws the privileges on the card and/or cancel the card at any time without giving any advance notice or assigning any reason thereof. In case of temporary withdrawal, the privileges may be reinstated by Atom has a right to refuse membership the member permanently. However it made distinctly clear the withdrawal (temp. or permanently) shall constitute automatic withdrawal of all attendant benefits, privileges and services attached to the card. However the member shall continue to be fully liable for all the charges incurred on the card prior to such withdrawal together will all other applicable charges thereon, unless other specified by Atom.
- All customer transactions are done using a pin. Hence all transactions done using pin shall be conclusive proof that the charge was properly incurred by the member.
- The atom shall not be in any manner responsible for the quality, value warranty and delay in delivery, non-delivery, non-receipt of any goods or services received by the member.
- It must be distinctly understood that the atom Wallet facility is purely a facility to the member to purchase goods or avail of services and the atom holds out no warranty or makes no representation about quality, quantity, value, delivery or otherwise, howsoever regarding the goods or services, and any dispute should be resolved with the Merchant Establishment directly.
- atom accepts no responsibility for refusal by any establishment to honour the atom Wallet.
- atom has arrived at an arrangement with some Merchants, for granting discounts to the member in respect of goods purchased/services obtained. However the atom shall not be responsible or accountable for any dispute the member may have with such Merchants.
Exclusion from Liability
- For the safety of customer funds atom has ensured that the same is transferred into an escrow account of a bank wherein atom can operate account only for settling the funds with the merchants
- It ensures that in case atom is defaulted the funds are secure and customers can claim the same from the bank by providing appropriate proofs as deemed fit by the bank
- The said escrow account is managed with Kotak Bank
- Without prejudice to the foregoing, the atom shall be under no liability whatsoever to the member in respect of any loss or damage arising directly or indirectly out of:
- Any defect in goods or services supplied
- The refusal of any person to honour or accept the atom Wallet
- The malfunction of any electronic terminal
- Any statement made by any person requesting the return of the atom Wallet or any act performed by any person in conjunction.
- The exercise by the atom of its right to terminate any atom Wallet.
- Any injury to the Credit character and reputation of the applicant alleged to have been caused by the re-possession of the atom Wallet and/or, any request for its return or the refusal of any Merchant Establishment to honor or accept the atom Wallet
- Any mis-statement, mis-representation, error or omission in any details disclosed to the atom.
- Decline of transaction due to any reason at a Merchant location
Ability to refuse payment
- Any discrepancy between the amount loaded to a card upon receipt of instruction in this regard from individual or the Enterprise and the amounts agreed upon between the Member and the Enterprise
- atom accepts no responsibility and will not be liable for any loss or damage for any service failures or disruptions (including but not limited to, loss of data) attributable to a systems or equipment failure or due to reliance by the atom on third party products or interdependencies including but not limited to, electricity or telecommunications.
- The atom accepts no liability or responsibility for the consequences arising out of the interruption of its business by Acts of God, riots, civil commotions, insurrections, wars, or any other causes beyond its control, or by any strikes or lockouts.
- If an device malfunctions, resulting in loss to the member of some or all of the amount of a transaction, and such a loss is confirmed by atom through a verification of the atom’s records, atom will correct that loss by making any adjustments to your atom Wallet including any adjustments for service charges, if any.
- The atom shall not be responsible for any loss or damage caused to the member by reason of any failure to comply with the member’s instructions, when such failure is caused due to reasons beyond the control of the atom, the opinion of the atom being final in this regard.
- By applying for and availing the atom Wallet facility, the member grants express authority to the atom for carrying out the Transactions performed by use of the atom Wallet. The atom shall have no obligation to verify the authenticity of a transaction made other than by means of the PIN.
- Atom shall under no circumstances be liable for any claims for losses or damages whatsoever whether direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the member or any other person.
- Atom shall not be liable for non-availability of the funds credited to the atom Wallet due to restrictions on convertibility or transferability, requisitions, involuntary transfers, acts of war or civil strife or other similar causes beyond the atom’s control, in which circumstance no other branch, subsidiary or affiliate of the atom shall be responsible thereof.
Termination of atom Wallet
- Except as otherwise required by law, if the atom receives any process, summons, order, injunction, execution, distrait, levy, lien, information or notice which the atom in good faith believes calls into question the member’s ability, to transact on the atom Wallet, the atom may, at its discretion and without liability to the member or such other person, decline to allow the member to obtain any portion of his funds, or the atom may pay such funds over to an appropriate authority and take any other steps required by applicable law.
- The atom reserves the right to deduct from the Available Amount on the atom Wallet a reasonable service charge and any expenses the atom incurs, including without limitation reasonable legal fees, due to legal action involving the atom Wallet.
- In the event the member decides to terminate the use of the atom Wallet, the member shall give atom not less than 7 days prior notice in writing. Such termination shall also be deemed a termination of all facilities accorded by the atom to an member.
- In the event charges are incurred on the atom Wallet after the member claims to have destroyed the atom Wallet, the member shall be entirely liable for the charges incurred on the atom Wallet whether or not the same are the result of misuse and whether or not the atom has been intimated of the destruction of the atom Wallet.
- atom shall be entitled to discontinue this facility at any time by cancelling the atom Wallet with or without assigning any reason whatsoever and by giving 7 days’ notice and shall be deemed to have been received by the member within 7 days of posting or by email to the member.
- Notwithstanding the termination of the atom Wallet account, the member shall continue to remain liable for all the charges incurred before and subsequent to the termination of the atom Wallet, till the cancelled cards are returned to Atom
The Member will indemnify Atom and hold Atom harmless for any/all losses caused due to cancellation (wrongful or otherwise) of a card. No notification of employment termination by the employment termination by the Enterprise or instruction to cancel a Card by the member shall be valid unless given in writing against acknowledgement. Indemnity The member shall indemnify and hold the atom harmless against any loss suffered by atom, its customers or a third party or any claim or action brought by a third party in relation to the use of the atom Wallet facility by the member any of their agents, employees and associates. The member agrees to indemnify atom for all liabilities, losses, damages and expenses, which the atom may sustain or incur either directly or indirectly as a result of:
- Negligence/mistake or misconduct of the member/member.
- Breach or non-compliance of the rules/terms and conditions relating to the atom Wallet. Fraud or dishonesty relating to any transaction by the member or his employees/ agents. Electronic terminals are machines and errors could occur while in operation.
The member agrees to indemnify atom for any such machine/mechanical errors/failures. The atom will not be liable for any failure to provide the facility or to comply with the terms and conditions for any cause that is beyond the atom’s control. In consideration of the atom providing the member with the facility of the atom Wallet, the member agrees to indemnify and hereby keep the atom indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever which the atom may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of providing the member the said facility of the atom Wallet or by reason of the atom acting in good faith taking or refusing to take or omitting to take action on the member/members instructions. The member hereby indemnifies atom fully against any liability (civil or criminal), loss, cost, expenses or damages that may arise due to loss or misuse of the atom Wallet, in the event that it is lost and not reported to the atom or lost and misused before the atom is informed. Terms and Conditions and Changes
- The member shall be deemed to have unconditionally agreed to and accepted these terms and conditions by either signing the atom Wallet application form or acknowledging the receipt of the atom Wallet in writing or accepting the I agree check box in the application or website.
- The atom reserves the right to revise policies, features and benefits offered on the atom Wallet and alter these Terms and Conditions from time to time and may notify the member of any such alterations in an appropriate manner. The member will be bound by such alterations unless the atom Wallet is returned to the atom for cancellation before the date upon which any alteration is to have effect.
- These Terms form a contract between the member and Atom. By accessing the service, the member accepts these terms and conditions.
- The atom could make changes including (but not limited to) the purposes/reasons listed below:
- Impose or increase charges relating solely to the use of the atom Wallet.
Governing Law & Jurisdiction
- atom may also make a change without notice if the change is necessary to maintain or restore the security of the electronic system or equipment used for the atom Wallet transactions. The member would be notified if such a change is made, unless disclosure would jeopardize the security of the electronic system or equipment.
- The atom may also give the member notice of variation of these terms and conditions by displaying in its website http://www.atomtech.in/terms i.e. this page.
- member may contact customer service desk for any queries at 1860 233 4959 or email at firstname.lastname@example.org
- In case of any Grievances Member may write to email@example.com
- The Card holder/member shall be responsible for regularly reviewing these terms and conditions including amendments thereto as may be posted on the website and shall be deemed to have accepted the amended terms and conditions by continuing to use the card. Any change in the Terms and Conditions (other than interest charges and rates) shall be communicated to the Card Member, in the manner as aforesaid, one month prior to the date of their implementation
- In case of unutilized amount in the ppi instrument for more than 6 months, atom shall have the right to treat the balance as breakage income; atom shall caution the ppi holder at least 30 days in advance and shall inform the customer during the 30 days’ period at regular intervals before forfeiting outstanding balances in the PPI.
- These Terms and Conditions shall a) prevail over any previously made proposals, representations, understandings and agreements, express or implied, either oral or in writing and b) apply in addition to atom’s General Terms and Conditions for Wallet / perepaid services and any other of atom’s Terms and Conditions otherwise applicable. However in case of conflict, these Terms and Conditions for atom Wallet shall prevail as regards transactions under atom Wallet Facility.
These Terms and Conditions and/or the Transactions shall be governed by Indian law and all courts in Mumbai shall have the exclusive jurisdiction as regards any claims or matters arising out of the use of the atom Wallet.