Terms & Conditions
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BUYER TERMS OF USE:
This document is an electronic record in terms of Information Technology Act, 2000 and
rules there under as applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This electronic record
is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and Terms of Use for access or usage of domain name
arrononline.com (“Website”), including the related mobile site and mobile application (hereinafter
referred to as “Platform”)
The Platform is owned by ATPL a company incorporated under the Companies Act, 2013
having CIN: ___________ and having registered office at Aarron tradelink Pvt Ltd. 103 kala squara flat. Near Karnavati shops market. Opp. Suvidha shopping centre, Paldi. Ahmedabad 380007, Gujarat, India
(hereinafter referred to as "ATPL" ).
Your use of the Platform and services and tools are governed by the following terms and
conditions ("Terms of Use") as applicable to the Platform including the applicable policies
which are incorporated herein by way of reference. If You transact on the Platform, You shall
be subject to the policies that are applicable to the Platform for such transaction. By mere use
of the Platform, You shall be contracting with ATPL___ and these terms and conditions
including the policies constitute Your binding obligations, with ATPL.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User"
shall mean any natural or legal person who has agreed to become a buyer on the Platform by
providing Registration Data while registering on the Platform as Registered User using the
computer systems. ATPL allows the User to surf the Platform or making purchases without
registering on the Platform. The term "We", "Us", "Our" shall mean ATPL___.
When You use any of the services provided by Us through the Platform, including but not
limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and they shall be
deemed to be incorporated into this Terms of Use and shall be considered as part and parcel
of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time without any prior written notice to You. Itis Your responsibility to review these Terms of Use periodically for updates / changes. Your
continued use of the Platform following the posting of changes will mean that You accept and
agree to the revisions. As long as You comply with these Terms of Use, We grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS
OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE
PROCEEDING.By impliedly or expressly accepting these Terms of Use, You also accept
and agree to be bound by ATPL Policies as amended from time to time.
Membership Eligibility
Transaction on the Platform is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within
the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not
eligible to use the Platform. If You are a minor i.e. under the age of 18 years, You may use the
Platform or access content on the Platform only under the supervision and prior consent/
permission of a parent or legal guardian.
As a minor if You wish to transact on the Platform, such transaction on the Platform may be
made by Your legal guardian or parents. ATPL reserves the right to terminate Your
membership and / or refuse to provide you with access to the Platform if it is brought to
ATPL's notice or if it is discovered that You are under the age of 18 years and transacting on
the Platform.
Account and Registration Obligations
If You use the Platform, You shall be responsible for maintaining the confidentiality of Your
Display Name and Password and You shall be responsible for all activities that occur under
your Display Name and Password. You agree that if You provide any information that is
untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or not in accordance with
the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block
access of your membership on the Platform and refuse to provide You with access to the
Platform.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the
Platform. It is your responsibility to ensure that Your mobile phone number and your email
address is up to date on the Platform at all times. You agree to notify us promptly if your
mobile phone number or e-mail address changes by updating the same on the Platform
through a onetime password verification.
You agree that ATPL shall not be liable or responsible for the activities or consequences of
use or misuse of any information that occurs under your Account in cases, including, where
You have failed to update your revised mobile phone number and/or e-mail address on the
Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by
creating separate profiles under Your Account, or otherwise, they will be able to view and
access Your Account information. You shall be solely liable and responsible for all the
activities undertaken under Your Account, and any consequences therefrom.
Communications
When You use the Platform or send emails or other data, information or communication to us,
You agree and understand that You are communicating with us through electronic records and
You consent to share with us your requisite personal details to receive communications via
electronic records from us periodically and as and when required to provide you with better
service. We may communicate with you by email or by such other mode of communication,
electronic or otherwise.
Platform for Transaction and Communication
The Platform is a platform that users utilize to meet and interact with one another for their
transactions. ATPL is not and cannot be a party to or control in any manner any transaction
between the Platform's Users.
Henceforward:
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All commercial / contractual terms are offered by and agreed to between Buyers and
Sellers alone. The commercial/contractual terms include without limitation price,shipping costs, payment methods, payment terms, date, period and mode of delivery,
warranties related to products and services and after sales services related to products
and services. ATPL does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the Buyers and
Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and
not by ATPL.
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Placement of order by a Buyer with Seller on the Platform is an offer to buy the
product(s) in the order by the Buyer to the Seller and it shall not be construed as
Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains
the right to cancel any such order placed by the Buyer, at its sole discretion and the
Buyer shall be intimated of the same by way of an email/SMS.
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ATPL does not make any representation or Warranty as to specifics (such as quality,
value, saleability, photographs etc.) of the products or services proposed to be sold or
offered to be sold or purchased on the Platform. ATPL does not implicitly or
explicitly support or endorse the sale or purchase of any products or services on the
Platform. ATPL accepts no liability for any such errors or omissions, whether on
behalf of itself or third parties.
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ATPL is not responsible for any non-performance of the contract entered into
between Buyers and Sellers. ATPL cannot and does not guarantee that the concerned
Buyers and/or Sellers will perform any transaction concluded on the Platform. ATPL
is required to mediate or resolve any dispute or disagreement between Buyers and
Sellers.
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ATPL does not make any representation or warranty as to the item-specifics (such as
legal title, creditworthiness, identity, etc.) of any of its Users or any items sell by
them. You are advised to independently verify the bona fides of any particular User
that You choose to deal with on the Platform and the item you deal in or purchase and
use Your best judgment in that behalf.
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ATPL does not make any representation or warranty of any non-performance of item
or any physical or mental or financial damage or any other kind of damage to the
Buyer out of any purchase or use of product or in any other way. The Buyer agrees to
not to hold responsible ATPL in any such case.
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ATPL does not at any point of time during any transaction between Buyer and Seller
on the Platform comes into or takes possession of any of the products or service soffered by Seller nor does it at any point gain title to or have any rights or claims over
the products or services offered by Seller to Buyer.
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At no time shall ATPL hold any right, title or interest over the products nor shall
ATPL have any obligations or liabilities in respect of such contract entered into
between Buyers and Sellers. ATPL is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of products which are out of
stock, unavailable or back ordered.
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The Platform is only a platform that can be utilized by Users to reach a larger base to
buy and sell products or services. ATPL is only providing a platform for
communication and it is agreed that the contract for sale of any of the products or
services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall ATPL hold any right, title or interest over the products. ATPL is not
responsible for unsatisfactory or delayed performance of services or damages or delays as a
result of products which are out of stock, unavailable or back ordered.
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You shall independently agree upon the manner and terms and conditions of
delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some
technical issue, typographical error or product information published by seller may be
incorrectly reflected and in such an event seller may cancel such your order(s).
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You release and indemnify ATPL and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of the
Users of the Platform and specifically waive any claims that you may have in
this behalf under any applicable law. Notwithstanding its reasonable efforts in
that behalf, ATPL cannot take responsibility or control the information provided
by other Users which is made available on the Platform. You may find other
User's information to be offensive, harmful, inconsistent, inaccurate, or
deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under
false pretence.
Charges
Membership on the Platform is free for buyers. ATPL does not charge any fee for browsing
and buying on the Platform. ATPL reserves the right to change its Fee Policy from time to
time. In particular, ATPL may at its sole discretion introduce new services and modify some
or all of the existing services offered on the Platform. In such an event ATPL reserves the
right to introduce fees for the new services offered or amend/introduce fees for existing
services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and
such changes shall automatically become effective immediately after they are posted on the
Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be
solely responsible for compliance of all applicable laws including those in India for making
payments to ATPL ____
Use of the Platform
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the
following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any
information which:
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belongs to another person and to which you do not have any right to;
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is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of women" within the
meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
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is misleading in any way;
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is patently offensive to the online community, such as sexually explicit content, or
content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm
of any kind against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing
or "spamming";
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promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous;
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infringes upon or violates any third party's rights [including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, email address, physical address or phone
number) or rights of publicity];
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promotes an illegal or unauthorized copy of another person's copyrighted work such
as providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated music or
links to pirated music files;
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contains restricted or password-only access pages, or hidden pages or images (those
not linked to or from another accessible page);
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provides material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
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provides instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
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contains video, photographs, or images of another person (with a minor or an adult).
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tries to gain unauthorized access or exceeds the scope of authorized access to the
Platform or to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Platform or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users;
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engages in commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or
selling of "virtual" products related to the Platform. Throughout this Terms of Use,
ATPL's prior written consent means a communication coming from ATPL's Legal
Department, specifically in response to your request, and specifically addressing the
activity or conduct for which you seek authorization;
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solicits gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
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interferes with another user's use and enjoyment of the Platform or any other
individual's User and enjoyment of similar services;
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refers to any Platform or URL that, in Our sole discretion, contains material that is
inappropriate for the Platform or any other Platform, contains content that would be
prohibited or violates the letter or spirit of these Terms of Use.
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harms minors in any way;
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infringes any patent, trademark, copyright or other proprietary rights or third party's
trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the
sale of counterfeit or stolen products;
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violates any law for the time being in force;
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deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
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impersonates another person;
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contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource; or contains any
trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, diminish value
of, surreptitiously intercept or expropriate any system, data or personal information;
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threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the commission
of any cognizable offence or prevents investigation of any offence or is insulting any
other nation.
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shall not be false, inaccurate or misleading;
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shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any
item, the dealing of which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time being in
force.
bb. shall not create liability for us or cause us to lose (in whole or in part) the services of
Our internet service provider ("ISPs") or other suppliers;
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You shall not use any "deep-link", "page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of the
Platform or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Platform or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not
purposely made available through the Platform. We reserve Our right to bar any
such activity.
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You shall not attempt to gain unauthorized access to any portion or feature of the
Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the
Platform, by hacking, password "mining" or any other illegitimate means.
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You shall not probe, scan or test the vulnerability of the Platform or any network
connected to the Platform nor breach the security or authentication measures on
the Platform or any network connected to the Platform. You may not reverse
look-up, trace or seek to trace any information on any other User of or visitor to
Platform, or any other customer, including any account on the Platform not
owned by You, to its source, or exploit the Platform or any service or
information made available or offered by or through the Platform, in any way
where the purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own information, as
provided for by the Platform.
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You shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about us or the brand name or domain name used by us including
the terms ATPL ____, or otherwise engage in any conduct or action that might
tarnish the image or reputation, of ATPL or sellers on platform or otherwise
tarnish or dilute any ATPL's trade or service marks, trade name and/or goodwill
associated with such trade or service marks, trade name as may be owned or
used by us. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the
Platform or ATPL’s systems or networks, or any systems or networks connected
to ATPL.
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You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Platform or any transaction being
conducted on the Platform, or with any other person's use of the Platform.
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You shall not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal You send to Us on or through
the Platform or any service offered on or through the Platform. You may not
pretend that You are, or that You represent, someone else, or impersonate any
other individual or entity.
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You shall not use the Platform or any content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of ATPL and / or others.
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You shall at all times ensure full compliance with the applicable provisions of
the Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also all applicable Domestic laws, rules and
regarding Your use of Our service and Your listing, purchase, solicitation of
offers to purchase, and sale of products or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law.
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Solely to enable us to use the information You supply us with, so that we are not
violating any rights You might have in Your Information, You agree to grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, database rights
or any other rights You have in Your Information, in any media now known or
not currently known, with respect to Your Information. We will only use Your
information in accordance with the Terms of Use and Privacy Policy applicable
to use of the Platform.
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From time to time, you shall be responsible for providing information relating to
the products or services proposed to be sold by you. In this connection, you
undertake that all such information shall be accurate in all respects. You shall
not exaggerate or over emphasize the attributes of such products or services so as
to mislead other Users in any manner.
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You shall not engage in advertising to, or solicitation of other Users of the
Platform to buy or sell any products or services, including, but not limited to,
products or services related to that being displayed on the Platform or related to
us. You may not transmit any chain letters or unsolicited commercial or junk
email to other Users via the Platform. It shall be a violation of these Terms of
Use to use any information obtained from the Platform in order to harass, abuse,
or harm another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. You understand
that we have the right at all times to disclose any information (including the
identity of the persons providing information or materials on the Platform) as
necessary to satisfy any law, regulation or valid governmental request. This may
include, without limitation, disclosure of the information in connection with
investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you
hereby expressly authorize us to) disclose any information about you to law
enforcement or other government officials, as we, in Our sole discretion, believe
necessary or appropriate in connection with the investigation and/or resolution of
possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Platform.
ATPL shall have the right to remove or edit any content that in its sole discretion violates, or
is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN
YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not
necessarily reflect ATPL views. In no event shall ATPL assume or have any responsibility or
liability for any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Platform. You hereby represent and warrant that
you have all necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other rights of third
parties or contain any libellous, tortious, or otherwise unlawful information.
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It is possible that other users (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the Platform and that You may be
involuntarily exposed to such offensive and obscene materials. It also is possible for
others to obtain personal information about You due to your use of the Platform, and
that the recipient may use such information to harass or injure You. We do not
approve of such unauthorized uses, but by using the Platform you acknowledge and
agree that we are not responsible for the use of any personal information that You
publicly disclose or share with others on the Platform. Please carefully select the type
of information that You publicly disclose or share with others on the Platform.
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ATPL shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through
group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial
of Services).
Contents Posted on Platform
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork (collectively, "Content"), is a third party user generated content and ATPL
has no control over such third party user generated content as ATPL is merely an
intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Platform and no Content
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including "mirroring") to any other
computer, server, Platform or other medium for publication or distribution or for any
commercial enterprise, without ATPL's express prior written consent.
You may use information on the products and services purposely made available on the
Platform for downloading, provided that You (1) do not remove any proprietary notice
language in all copies of such documents, (2) use such information only for your personal,
non-commercial informational purpose and do not copy or post such information on any
networked computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) do not make any additional representations or warranties relating to such
documents.
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings,
photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or
information posted or transmitted to the Platform (collectively, "Content"). Such Content will
become Our property and you grant us the worldwide, perpetual and transferable rights in
such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in
accordance with applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and in any media
whether now known or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may be used by us,
consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and
You are not entitled to any payment or other compensation for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR
SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO,
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE
FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR
CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of your privacy as a very important principle. We understand clearly that
you and your Personal Information is one of Our most important assets. We store and process
Your Information including any sensitive financial information collected (as defined under
the Information Technology Act, 2000), if any, on computers that may be protected by
physical as well as reasonable technological security measures and procedures in accordance
with Information Technology Act 2000 and Rules there under. If You object to Your
Information being transferred or used in this way please do not use Platform.
We may share personal information with our other corporate entities and affiliates. These
entities and affiliates may market to you as a result of such sharing and you will not have the
option to opt-out.
We may disclose personal information to third parties. This disclosure may be required for us
to provide you access to our Services, to comply with our legal obligations, to enforce our
User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect,
mitigate, and investigate fraudulent or illegal activities related to our Services. We do not
disclose your personal information to third parties for their marketing and advertising
purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other
legal process. We may disclose personal information to law enforcement offices, third party
rights owners, or others in the good faith belief that such disclosure is reasonably necessary
to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or
other content violates the rights of a third party; or protect the rights, property or personal
safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another
business entity should we (or our assets) plan to merge with, or be acquired by that business
entity, or re-organization, amalgamation, restructuring of business. Should such a transaction
occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Platform, all the materials and products (including but not limited to software) and
services, included on or otherwise made available to you through this site are provided on "as
is" and "as available" basis without any representation or warranties, express or implied
except otherwise specified in writing. Without prejudice to the forgoing paragraph, ATPL
does not warrant that:
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This Platform will be constantly available, or available at all; or
The information on
this Platform is complete, true, accurate or non-misleading.
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ATPL will not be liable to You in any way or in relation to the Contents of, or use of,
or otherwise in connection with, the Platform. ATPL does not warrant that this site;
information, Content, materials, product (including software) or services included on
or otherwise made available to You through the Platform; their servers; or electronic
communication sent from us are free of viruses or other harmful components.
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Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the
Products sold on Platform are subject to several limitations and if the product is not
delivered due to unavailability, Seller will return or will give credit for the amount (if
any) received in advance by Seller from the sale of such Product that could not be
delivered to You.
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You will be required to enter a valid phone number while placing an order on the
Platform. By registering Your phone number with us, you consent to be contacted by
Us via phone calls, SMS notifications, mobile applications and/or any other electronic
mode of communication in case of any order or shipment or delivery related updates.
We may also use your personal information to initiate any promotional phone calls or
SMS.
Services
Payment
While availing any of the payment method/s available on the Platform, we will not be
responsible or assume any liability, whatsoever in respect of any loss or damage arising
directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or Decline of transaction for any
other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily
in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction
with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to establish the
ownership of the payment instrument used by you for your purchase. This is done in the
interest of providing a safe online shopping environment to Our Users.
Further:
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Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch
of products and/or services are as per principal to principal bipartite contractual
obligations between Buyer and Seller and payment facility is merely used by the
Buyer and Seller to facilitate the completion of the Transaction. Use of the payment
facility shall not render ATPL liable or responsible for the non-delivery, non-receipt,
non-payment, damage, breach of representations and warranties, non-provision of
after sales or warranty services or fraud as regards the products and /or services listed
on ATPL's Platform.
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You have specifically authorized ATPL or its service providers to collect, process,
facilitate and remit payments and/or the Transaction Price electronically or through
Cash on Delivery to and from other Users in respect of transactions through Payment
Facility. Your relationship with ATPL is on a principal to principal basis and by
accepting these Terms of Use you agree that ATPL is an independent contractor for
all purposes, and does not have control of or liability for the products or services that
are listed on ATPL's Platform that are paid for by using the Payment Facility. ATPL
does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller
will complete a transaction.
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You understand, accept and agree that the payment facility provided by ATPL is
neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On
Delivery, collection and remittance facility for the Transactions on the ATPL
Platform using the existing authorized banking infrastructure and Credit Card
payment gateway networks. Further, by providing Payment Facility, ATPL is neither
acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or
the Transaction Price.
Payment Facility for Buyers:
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You, as a Buyer, understand that upon initiating a Transaction you are entering into a
legally binding and enforceable contract with the Seller to purchase the products and
/or services from the Seller using the Payment Facility, and You shall pay the
Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
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You, as a Buyer, shall electronically notify Payment Facility using the appropriate
ATPL Platform features immediately upon Delivery or non Delivery within the time
period as provided in Policies. Non notification by You of Delivery or non Delivery
within the time period specified in the Policies shall be construed as a deemed
Delivery in respect of that Transaction. In case of Cash On Delivery transactions,
Buyer is not required to confirm the receipt of products or services.
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You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your
sole and exclusive remedy) in case you do not receive the Delivery within the time
period agreed in the Transaction or within the time period as provided in the Policies,
whichever is earlier. In case you do not raise a refund claim using Platform features
within the stipulated time or visit the respective Seller store for refund than this would
make You ineligible for a refund.
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You, as a Buyer, understand that the Payment Facility may not be available in full or
in part for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in respect of
the Transactions for those products and /or services.
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For both Cash On Delivery and electronic payment transactions, refunds, if any, will
be made through Cash, unless Seller provide any other options, and shall be collected
from Seller Store only on returning product. Refund shall be made in Indian Rupees
only and shall be equivalent to the Transaction Price received in Indian Rupees.
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Refund shall be conditional and shall be with recourse available to ATPL or Seller in case of any misuse by Buyer. We may also request you for additional documents for
verification. Refund shall be subject to Buyer complying with Policies.
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Refund shall be rejected in case if the product is used or unpacked or damaged by the
Buyer. Subject to the Refund policy, Refund request shall be made within 5 days for
any such packed and unused product.
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ATPL and Seller reserves the right to refuse to process Transactions by Buyers or
blacklist them from delivery of products with a prior history of questionable charges
including without limitation breach of any agreements by Buyer with ATPL or
breach/violation of any law or any charges imposed by Issuing Bank or breach of any
policy
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For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for
payment, may be disabled for certain account users, at the sole discretion of ATPL.
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The Buyer and Seller acknowledge that ATPL will not be liable for any damages,
interests or claims etc. resulting from not processing a Transaction/Transaction Price
or any delay in processing a Transaction/Transaction Price which is beyond control of
ATPL.
Compliance with Laws:
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As required by applicable law, if the Customer makes a purchase of an
amount equal to or above INR 2 00 000.00, the Customer will be required to
upload a scanned copy of his/her PAN card on the Platform, at the time of
making the purchase, failing which, the purchase made by the Customer will
be cancelled. The requirement to submit the PAN card arises only once and if
it has been submitted once by the Customer, it need not be submitted again.
The order of the Customer shall stand cancelled if there is a discrepancy
between the name of the Customer and the name on the PAN Card.
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Buyer and Seller shall comply with all the applicable laws (including without
limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be issued
by Reserve Bank of India from time to time, Customs Act, Information and
Technology Act, 2000 as amended by the Information Technology (Amendment) Act
2008, Prevention of Money Laundering Act, 2002 and the rules made there under,
Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of
India) applicable to them respectively for using Payment Facility and ATPL Platform.
Buyer's arrangement with Issuing Bank:
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All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed
using a Credit Card payment gateway or appropriate payment system infrastructure
and the same will also be governed by the terms and conditions agreed to between the
Buyer and the respective Issuing Bank and payment instrument issuing company.
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All Online Bank Transfers from Valid Bank Accounts are processed using the
gateway provided by the respective Issuing Bank which support Payment Facility to
provide these services to the Users. All such Online Bank Transfers on Payment
Facility are also governed by the terms and conditions agreed to between Buyer and
the respective Issuing Bank
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We can terminate your account or place your account on hold in order to protect our
or the interests of the Content Owners or of the Platform Partners, from an actual,
probable or suspected theft, loss, damage or other fraudulent activity. ATPL reserves
the right to immediately terminate, suspend, limit, or restrict your access or use of the
Platform and/or the Services, at any time, without any notice or liability, if ATPL so
determines, in its sole discretion, for any reason whatsoever, including that you have:
a. breached these Terms or the Privacy Policy; or
b. violated any applicable law, rule, or regulation; or
c. you have engaged in any inappropriate or unlawful conduct; or
d. provided any false or inaccurate information; or (e) for any other reason that ATPL
deems fit in its sole discretion.
- Any use or reliance on any Content or materials obtained by you through the Platform
is at your own risk. We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or communications
posted on the Platform or endorse any opinions expressed via the Contents. You
understand that by using the Platform, you may be exposed to Content that might be
offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings
that have been mislabeled or are otherwise deceptive. ATPL may not monitor or control the Content posted, uploaded and/or streamed on the Platform by the Content
Owners, the Platform Partners and/or their respective agents or affiliates, and, we do
not take responsibility or liability for any such content.
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We reserve the right to remove any Content or the user data that violates these Terms
or the applicable law, including for example, copyright or trademark violations,
impersonation, unlawful conduct, or harassment. With respect to Third Party Content,
ATPL's role is limited to providing a communication platform to Content Owners
and/or Platform Partners, to enable the transmission of the Third Party Content
directly from such third parties to you.
Personal Information:
We may use information such as device ID, location or an account email address used with
an existingATPL account to determine eligibility and any offers therof. We may share
personal information with our other corporate entities and Platform Partners only for the
purposes of giving enhanced customer services.
Limitation of liability:
By using the Services, you agree that the liability of ATPL, its affiliates, related companies,
officers, directors, employees, agents, representatives, partners and licensors, shall be limited
to the maximum extent permissible by applicable law. In no case shall ATPL, its directors,
officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any
direct, indirect, incidental, punitive, special, or consequential damages arising from your use
of the Services or any Content or for any other claim related in any way to your access to the
Platform and/or use of the Services, including, but not limited to, any errors or omissions in
any Content or information on the Platform, or any loss or damage of any kind incurred as a
result of the use of the Services and/or reliance on any Content or information on the
Platform.
Indemnification:
You shall defend, indemnify and hold harmless ATPL its owners, affiliates, subsidiaries,
group companies, partners (as applicable), and their respective officers, directors, agents, and
employees (" Indemnified Parties"), from and against any claim, demand, damages,
obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to
or arising out of your or your affiliate's or relative's:
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breach of these Terms, the Privacy Policy and/or any other policies; or
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violation of any applicable law, rules, regulations; or
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violation of the rights (including infringement of intellectual property rights) of a
third party or ATPL; or
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unauthorized, improper, illegal or wrongful use of your ATPL account (including by
you or by any person, including a third party, whether or not authorized or permitted
by you). This indemnification obligation will survive the expiry or termination of
these Terms and/or your use of the Service.
Force Majeure:
You agree that ATPL shall be under no liability whatsoever to you in the event of non-
availability of the Platform and/or any of the Services or any portion thereof, occasioned by
an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire,
satellite failure, failure of any public utility, man-made disaster, satellite failure or any other
cause whatsoever beyond the control of ATPL (including any event which is caused by the
failure or non-performance on the part of the Content Owners or the Platform Partners).
Governing laws: These Terms shall be governed, interpreted, and construed in accordance
with the laws of India, without regard to the conflict of law provisions and for resolution of
any dispute arising out of your use of the Services or in relation to these Terms.
Notwithstanding the foregoing, you agree that-
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any dispute or disagreement arising must be first attempted to be resolved by ATPL
first. For these purposes, the buyer must keep the bills raised against him for proof of
transactions and further resolving the issue.
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ATPL has the right to bring any proceedings before any court/forum of competent
jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum;
and
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any proceeding brought by you shall be exclusively before the courts in Ahmedabad,
India.
Survival
You acknowledge that your representations, undertakings, and warranties and the clauses
relating to indemnities, limitation of liability, grant of license, governing law shall survive the
efflux of time and the termination of these Terms
Indemnity
You shall indemnify and hold harmless ATPL, its owner, licensee, affiliates, subsidiaries,
group companies (as applicable) and their respective officers, directors, agents, and
employees, from any claim or demand, or actions including reasonable attorneys' fees, made
by any third party or penalty imposed due to or arising out of Your breach of this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or
the rights (including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws
of India. The place of jurisdiction shall be exclusively in Ahmedabad.
Jurisdictional Issues/Sale
Unless otherwise specified, the material on the Platform is presented solely for the purpose of
sale in Gujarat. ATPL makes no representation that materials in the Platform are appropriate
or available for use in other locations/Countries other than Gujarat. Those who choose to
access this site from other locations/Countries other than Gujarat do so on their own initiative
and ATPL is not responsible for supply of products/refund for the products ordered from
other locations/Countries other than Gujarat, compliance with local laws, if and to the extent
local laws are applicable.
Trademark , Copyright and Restriction
This site is controlled and operated by ATPL and products are sold by respective Sellers. All
material on this site, including images, illustrations, audio clips, and video clips, are protected
by copyrights, trademarks, and other intellectual property rights. Material on Platform is
solely for Your personal, non-commercial use. You must not copy, reproduce, republish,
upload, post, transmit or distribute such material in any way, including by email or other
electronic means and whether directly or indirectly and You must not assist any other person
to do so. Without the prior written consent of the owner, modification of the materials, use of the
materials on any other Platform or networked computer environment or use of the materials
for any purpose other than personal, non-commercial use is a violation of the copyrights,
trademarks and other proprietary rights, and is prohibited. Any use for which You receive
any remuneration, whether in money or otherwise, is a commercial use for the purposes of
this clause.
Product Description
ATPL does not warrant that Product description or other content of this Platform is accurate,
complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL ATPL BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION
WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE
OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding this Platform.