Direct Seller Agreement
Terms and Conditions: These Terms and Conditions are to be read together with Direct Seller Application. Atomy reserves the right to approve the Direct Seller Application at its sole and absolute discretion without any obligation of assigning any reason for rejection of the application. Once approved the Direct Seller application along with this Agreement, Atomy's Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures (as amended from time to time) (herein after collectively referred to as ‘Agreement’) constitute the entire agreement between the Direct Seller and Atomy.
Definitions:
The following terms shall have the meanings set forth below:
Whereas,
It is now agreed between the parties as under:
1. Appointment: Atomy appoints, as of the Effective Date, the individual(s) identified in the above Direct Seller Application, or if applicable, the Business Entity listed therein, as a Direct Seller of Atomy Products and services, and the Applicant(s) agree(s) to such appointment. As of the Effective Date and upon receipt of ordering information and completion of any required formalities, the Direct Seller may, on a non-exclusive basis, within the Territory as may be communicated by Atomy, and otherwise in accordance with the Direct Seller Agreement, purchase Atomy Products from Atomy in order to sell, distribute and market the same
2. Cooling-Off Period:
Atomy allows the Direct Seller 30 days cooling-off period in which Direct Seller can cancel participation
and receive a refund for goods or services purchased, after returning back the products/service in saleable
conditions to Atomy.
The Direct Seller shall be eligible for refund for goods or services purchased as per Atomy Policies and
Procedures, issued in this behalf and which are available on Website.
3. Duties/Obligations of Direct Seller: The Direct Seller agrees to abide by Atomy's Code of Ethics and Principles, as amended from time to time, issued in this behalf and which is available on the Website.
4. Sale on e-commerce platforms: Any sale or offers for sale, on an e-commerce platform/online, of any product or service of Atomy is strictly prohibited and Atomy reserves right to penalize/ terminate the Direct Seller agreement or take any other action as may be deemed necessary or expedient to safeguard its interest and those of the other Direct Sellers in case of violation of this clause.
5. Buy-Back/Repurchase: Atomy and The Direct Seller agree to be bound by the terms and conditions of Buy-back/repurchase as mentioned below, The Refund is applicable only for products in Saleable conditions, and partially used products (i.e. less than 30%). It is not applicable to products that have been intentionally damaged or misused. Direct Seller may return the products as per below conditions:
Category | Condition of product | Period | Invoice | Payment |
---|---|---|---|---|
|
Saleable | 30 days | Yes | Direct Seller Price |
No | Direct Seller Price less GST (GST will be deducted from Direct Seller Price) | |||
Received in damage condition | Saleable/Non-Saleable | 10 days | Yes | Direct Seller Price |
No | Direct Seller Price less GST (GST will be deducted from Direct Seller Price) | |||
Not completely satisfied with product quality | Saleable/Non-Saleable | 30 days | Yes | Direct Seller Price |
No | Direct Seller Price less GST (GST will be deducted from Direct Seller Price) |
6. Atomy Compensation Plan & Benefits: Atomy and The Direct Seller agree to be bound by the terms and conditions as mentioned in the Atomy Compensation Plan, as amended from time to time, issued in this behalf and which is available on the Website.
7. Bank details & payments: Atomy will make all payments on account of commissions, discounts, returns or refunds etc. through bank transfer in favour of the Direct Seller only as per the details provided in the website or as may be updated by the Direct Seller in writing from time to time in the requisite application form. The bank account must be opened and operated in full compliance with Indian law, including with respect to applicable foreign exchange laws wherever applicable.
8. Termination Clause:
Atomy reserves the right to terminate contract with 30 days’ notice, where it is determent by Atomy that no purchase of goods or
services has taken place for a period of one year since the contract was entered into or since the date of last purchase made by
Direct Seller and incase of any violations of Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and
Procedures and any other non-compliance.
The Direct Seller may without assigning any reason, after giving written notice to Atomy terminate this Contract with immediate effect
and this contract would be terminated automatically. A Direct Seller shall not be entitled to purchase Atomy’s products or services upon serving the notice.
Atomy and The Direct Seller agree to be bound by the terms and conditions as mentioned in Atomy’s Code of Ethics and Principles,
as amended from time to time, issued in this behalf and which is available on the Website.
9. Grievance Redressal Mechanism: Atomy has in place an effective Grievance Redressal Mechanism. Atomy and The Direct Seller agree to be bound by Atomy's Policies and Procedures as well as the Complaint Redressal Policy, in particular, as amended from time to time, issued in this behalf and which is available on the Website.
10. Dispute Resolution Mechanism: Atomy and Direct Seller shall endeavor to settle any dispute or difference arising out of or in connection with the Direct Seller agreement through mutual discussions within 30 days of such dispute arising. The Direct Seller agrees that in the event it is not satisfied by any decision of Atomy or in the event that any issue raised by the Direct Seller has remained unresolved for a period of more than two months, and / or during the subsistence of this Agreement or upon or after its termination, any issue or dispute that the Direct Seller may have regarding the interpretation or operation of the clauses of this arrangement or any issues arising there from shall be referred to Grievance Redressal Committee set up by Atomy. Any dispute, difference or claim remaining unresolved post reference to the Grievance Redressal committee discussions shall be submitted to binding arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be at New Delhi and the award of the Arbitrator shall be final and binding on all Parties. Subject to the above, courts at New Delhi shall alone have jurisdiction in relation to the Direct Seller Contract and matters connected here to.
11. Data Privacy:
Direct Sellers and Atomy
a) shall take appropriate steps to ensure the protection of all private information provided by a
consumer;
b) shall be guided by the provisions of the Consumer Protection Act 1986, Information Technology Act 2000
and such other applicable laws in force.
c) agree to be bound by Atomy's Code of Ethics and Principles, as amended from time to time, issued in this
behalf and which is available on the Website.
d) agree to bound by Privacy Policy, as amended from time to time, issued in this behalf and which is
available on the Website.
12. Relationship/Independent Contractor:
The Direct Seller hereby confirms that he/she has entered into this Direct Seller agreement as an
independent Direct Seller. Nothing in the Direct Seller agreement shall establish either employment
relationship or any other labour relationship between the Parties or a right for the Direct Seller to act as
a procurer, broker, commercial agent, contracting representative or other representative of Atomy. When
purchasing and selling Atomy Products, the Direct Seller shall operate as an independent, acting in his/her
own name, at his/her own responsibility.
The Direct Seller has not express or implied right or authority to assume or to undertake any obligation in
respect of or on behalf of or in the name of Atomy or to bind Atomy in any manner. In case, the Direct
Seller, its employees, associates or agents hold out as employees, agents, or legal representatives of
Atomy, Atomy shall demand to pay cost of any/all loss, cost, damage including consequential loss, suffered
by the Atomy on this account.
13. Pyramid & Money Circulation Scheme:
Atomy does not promote a Pyramid Scheme or Money Circulation Scheme. The Direct Seller shall satisfy himself
of the same by going through the contents of this Agreement, Atomy's Code of Ethics and Principles, Atomy
Compensation Plan, Policies and Procedures as amended from time to time, which are available on the
Website.
The Direct Seller and Atomy agree to be bound by Atomy's Code of Ethics and Principles, Atomy Compensation
Plan, Policies and Procedures, as amended from time to time, issued in this behalf and which are available
on the Website.
Prohibition of Pyramid Scheme & Money Circulation Scheme
a) No person or entity shall promote a Pyramid Scheme, as defined in this Agreement or enrol any person to
such scheme or participate in such arrangement in any manner whatsoever in the garb of doing Direct Selling
business.
b) No person or entity will participate in Money Circulation Scheme, as defined in this Agreement in the
garb of Direct Selling of Business Opportunities.
14. Governing Laws & Regulations:
a) This Agreement shall be governed by the Indian Contract 1872, The consumer Protection Act, 1986,
'Advisory to state Governments, Union territories on Model Guideline on Direct selling' issued by the
Department of consumer Affairs, Ministry of Consumer Affairs, Food & Public Distribution, Government of
India dated 09th Sep 2016.
b) F.No. 21/18/2014-IT(Vol-lI), Laws, Rules, regulation and Direction issued by the Central and State
Government of India and any proceedings arising out of this Agreement shall be initiated in the appropriate
Indian court. That the parties hereby agree that nothing contained herein shall prejudice the right of Atomy
to appoint another Direct Seller in the same territory if found necessary.
c) The Direct Seller agreement and all questions of its interpretation shall be governed by and construed in
accordance with the laws of the Republic of India, without regard to its principles of conflicts of laws.
The Agreement is civil in nature and hence it is to be governed and construed in accordance with the Indian
Contract Act, 1872, the Code of Civil Procedure and other applicable laws of India.
15. Severability:
a) Each provision hereof shall be interpreted and construed to constitute separate Agreement. If any
provision in this Agreement shall be declared invalid, illegal or unenforceable in any respect under any
applicable law, the validity, legality and enforceability of remaining provisions contained herein shall not
in any way be affected or impaired, and in such case the Parties hereto oblige themselves to reach the
purpose of the invalid provision by a new, valid and legal stipulation.
b) In case any provision of this Agreement is held, by a court of competent jurisdiction to be illegal,
invalid or unenforceable, such provision may be modified by such court in compliance with the law giving
effect to the intent of the Parties and enforced as modified. All other terms and conditions of this
Agreement shall remain in full force and effect and shall be construed in accordance with the modified
provision.
16. Force Majeure: If any Party to this Agreement is unable to meet its obligations under this Agreement as a result of flood, earthquake, storm, other acts of God, including fire, derailment, lockout, explosion, war, insurrection, riot, embargo, terrorist activity, act of government or governmental agency or other similar cause beyond the reasonable control ("Force Majeure") of the Parties, such Party will be excused from performing its obligations for the duration of the Force Majeure. If the duration of Force Majeure exceeds thirty (30) days, either Party may be entitled to terminate this Agreement upon prior written notice to the other Party.
17. Intellectual Property:
• Meaning of Intellectual Property:
Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any
other Intellectual Property Rights subsisting in or created during the development of the products, Atomy
website, Atomy business, and the Trade Marks and any advertising and promotional materials provided to the
Website user including software, Confidential Information, source and object codes, scripts, records,
documents, advertising and promotional materials, media content, specifications, plans, program listings,
calculations, drawings, technology, business names, commercial symbols, processes, developments, licenses,
trade secrets, techniques, specifications, patterns, drawings, formulae, technical information, research
data, concepts, methods, procedures, reports, recommendations and any other knowledge of any nature
whatsoever including patents, copyrights, trademarks, trade names, design and any amendments/modifications,
renewals thereto and all Confidential Information necessary for, or which may be used in connection with the
administration, operation and marketing of the Atomy products and services
• The Direct Seller agrees that all rights in and relating to the Intellectual Property are and remain the
property or under the control of Atomy and that such user does not acquire any right, title or interest in
any of the Intellectual Property. This shall distinguish Atomy products and services from those of other
companies.
Prior consent and authorized use –
o No Direct Seller is allowed to use the trademark without prior permission of Atomy. Atomy will take
appropriate legal action against any persons using its trade name, trademarks, designs, and symbols without
its permission and will, if necessary, follow with appropriate court action for failure to comply with an
injunction or other legal actions that may be initiated by Atomy.
o To protect Atomy’s rights, a Direct Seller may not obtain, through filing for a patent, trademark,
Internet domain name, or copyright, any right, title, or interest in or to Atomy’s names, trademarks, logos,
or trade names and those of Atomy’s Products.
o The Direct Seller gives his/her explicit consent that license to use Atomy’s trademark, trade name, logos
shall be granted to him/her/it on a non-exclusive basis.
o Direct Sellers shall be liable to Atomy for damages that may arise out of the misuse of Atomy’s
intellectual property rights except to the extent specifically permitted by Atomy.
• The Direct Seller hereby acknowledges and agrees to present Atomy products in a truthful and sincere
manner and shall keep Atomy unharmed from damages resulting from misrepresentations.
• The Direct Seller shall protect Atomy trademarks and trade name and obtain Atomy’s written permission
prior to use in any advertising (including but not limited to, the internet, literatures other than
Company-published, logos, pictures, and other promotional materials.
• Direct Seller understands that display or sale of Atomy products in public, retail or service
establishments of any kind is inconsistent with the terms of this Agreement.
The Direct Seller must:
i. not register or seek to register any of the Intellectual Property without the prior written consent of
Atomy;
ii. not cause any of the Intellectual Property to be prejudicially affected or contested;
iii. not use the Intellectual Property without the prior express written authority of Atomy & in terms of
the Agreement between the Direct Seller & Atomy;
iv. not make any alterations to the Intellectual Property;
v. not use the Atomy brand name or any derivative of the words comprising the Atomy brand name, in the
Direct Seller’s business, or personal domain names;
vi. stop using the Intellectual Property upon the termination of this Agreement or Distributorship or at the
immediate request of Atomy;
vii. not modify the design, appearance and attributed of any products or services, packaging, promotion or
marketing materials;
viii. not register or attempt to register a business name or company name that contains the word “Atomy” or
any combination of words that indicates a connection with or is similar to Atomy.
ix. not consent or oppose or assist any other person to contest or oppose any application for registration
of the Intellectual Property as trademarks or as business or company names.
x. not reproduce, in whole or in part, any printed material or audio or visual recordings that have been
produced by Atomy unless given prior written authorization to do so by Atomy. These materials form part of
the Intellectual Property whether registered or unregistered and are considered proprietary to Atomy.
This clause is to be read in conjunction with the Website Terms of Use.
18. Confidentiality Atomy provides Direct Sellers access and viewing of their group information through MY OFFICE on Atomy Website. The reports generated through MY OFFICE contains commission reports; Lineage report; Atomy Direct Seller Numbers; contained in the Atomy database, in any form, including, but not limited to, hard copies, electronic or digital media (collectively the “Reports”) are the confidential and proprietary property of Atomy. Atomy has derived, compiled, configured, and currently maintains the Reports by investing considerable time, effort, monetary resources, human and physical resources. Reports, in present and future forms and as amended from time to time, constitute commercially advantageous proprietary assets and trade secrets of Atomy, which each Direct Seller shall hold confidential. A Direct Seller’s right to disclose the Reports and information contained therein and other Direct Seller information maintained by Atomy is expressly reserved by Atomy and may be denied at Atomy‘s discretion.
All such information (whether in electronic, oral or written form) is proprietary to and owned by Atomy, and is transmitted or available to Direct Seller in strict confidence. Each Direct Seller agrees that he/she will not disclose any such confidential or proprietary information to any third party, directly or indirectly, or use the information to compete with Atomy or for any other purpose except as expressly authorized by the Agreement. This information is to be used only for the promotion of the Atomy program in accordance with the Agreement. Direct Seller and Atomy agree that without this Agreement of confidentiality and non-disclosure, Atomy would not provide the information or make it accessible to Direct Seller. This provision shall survive the termination or expiration of the Direct Seller agreement.
This clause is to be read in conjunction with clause on intellectual property mentioned in the Website terms of use.
For the purpose of this Agreement, the term “Confidential Information” shall include any information or data of a scientific, technical, commercial or financial nature disclosed by Atomy, or which is obtained by Direct Seller from Atomy whether in writing, pictorially, in machine readable form, on disc, mail or orally, or by any other means/modes of disclosure and including without limitation any information contained in any written or printed document, hardware, firmware and software, Website, information related to technology and business activities (including, but not limited to, communication systems, business outlooks, revenue, pricing, trade secrets), computer programs, software (including, without limitation, code, software output, screen displays, file hierarchies and user interfaces), formulas, data, inventions, techniques, technology, know-how, processes, ideas, (whether patentable or not), schematics, specifications, drawings, product designs, product plans, pricing, services, strategies, third party confidential information, and corporate and personnel statistics, customer lists (potential or actual) and other customer-related information, supplier information, sales statistics, market intelligence, marketing, business working , operations, parent, subsidiaries, affiliates downline report provided or accessible to a Direct Seller, manufacturer information, Commission or sales reports, Product formulas, other financial and business information of Atomy and other business strategies and other commercial information of confidential nature or such information that by its inherent nature is confidential or proprietary.
19. Service of Notices
Any notice required to be served by either Party to the other under this Agreement shall be deemed
to be duly served if in the case of Atomy, it is delivered by hand or registered post at the following
Address:
Atomy Enterprise India Pvt. Ltd.
801,802, 8th floor, Magnum Towers 2,
Opp. To HDFC bank, Sector 58, Golf Course Extension Road,
Gurugram 122 011 Haryana, India
And in the case of Direct Seller, if the notice is delivered by hand or sent by registered post at the
address available in the database of Atomy as updated from time to time based upon the
request from Direct Seller issued in this behalf to Atomy.
20. Non-Assignability
The Direct Seller hereby accepts and acknowledges that the Agreement has been entered into on a personal
basis.
This Direct Selling agreement, any right, interest, obligation arising out of this Agreement, cannot be
assigned or transferred by the Direct Seller.
Except as specifically mentioned Atomy's Code of Ethics and Principles (as amended from time to time), the
Direct Seller acknowledge(s) that Atomy will deal exclusively with him/her/it in respect of all Atomy
Business matters, and also pay commissions and/or any other incentives to and in the name of the Direct
Seller whose details are available in the data base of Atomy.
21. Miscellaneous:
a) Provision of this Agreement, Atomy's Code of Ethics and Principles, Atomy Compensation Plan, Policies and
Procedures as amended from time to time shall apply to and bind Atomy and the Direct Seller
b) This Agreement and Atomy's Code of Ethics and Principles, Atomy Compensation Plan, Policies and
Procedures as amended from time to time constitute the entire Agreement between Atomy and the Direct Seller,
relating to the subject matter hereof which forms an integral part hereof
Code of Ethics and Principles
1. Introduction: -
Atomy Code of Ethics and Principles define and establish certain principles to be followed in the
development and maintenance of Atomy Direct Seller and the rights, duties, and responsibilities of each
Atomy Direct Seller.
The Rules are designed to preserve the benefits available to all the Direct Sellers under Atomy Compensation
Plan.
Atomy and its Direct Sellers have a binding contractual relationship. The terms and conditions of this
relationship are set
forth in the Atomy Direct Seller Application Form & Atomy Code of Ethics and Principles as amended by Atomy
from time-to-time. (Herein after referred to as the “Official Documents”) is available on website for
further reference.
Atomy may notify all such amendments to the Direct Sellers by publication on its website and other places
wherever possible.
2. Definitions: -
3. Conditions to become an Atomy Direct Seller: -
Step 1: Login with Guest Credentials of the Sponsor
Step 2: View Atomy Orientation Videos
Step 3: Read Direct Seller Agreement, Code of Ethics and Principles, Atomy’s Policies and Procedures
and Atomy Compensation Plan. Provide consent abiding by the contents, terms and conditions
Step 4: Fill personal information
Step 5: Upload Address proof document (Both Front & Back Page)
Step 6: Auto PAN verification is done; Direct Seller name gets populated per PAN
Step 7: Partner to provide Spouse Information
Step 8: Sponsor details to be filled
Step 9: After filling all the details in the direct seller application, electronic record will be
generated which doesn’t require digital/physical signature and it binds both the parties as per
applicable law
Step 10: Atomy Distributor Number (ADN) & Password is generated and registration gets completed.
Detailed procedure for becoming Atomy Direct Seller in the case of Business Entity has been provided below:
Step 1: Login with Guest Credentials of the Sponsor
Step 2: View Atomy Orientation Videos
Step 3: Read Direct Seller Agreement, Code of Ethics and principles, Atomy’s Policies and procedures
and Atomy Compensation Plan. Provide consent abiding by the contents, terms and conditions.
Step 4: Select type of Business Entity: Proprietor/LLP/Partnership/Company
Step 5: Fill all the required details
Step 6: Attach Address Proof document (COI/GST Registration/Shop & Establishments/Notarized Lease
Agreement)
Step 7: Auto GST verification is done (Legal Business Name is auto populated)
Step 8: Sponsor details to be filled
Step 9: Atomy Distributor Number (ADN) & Password is generated
Step 10: Partner Downloads Agreement copy, signs it and sends along with other mandatory business
entity documents to Atomy
Step 11: Manual verification done by CS Team and registration complete
a. be at least 18 years of age (Except the State of Maharashtra where the minimum age requirement is
21 years)
b. be a citizen and resident of India. Atomy shall consider applications from non-resident Indian
(NRI), person of Indian Origin (PIO) or overseas citizen of India (OCI) incase such persons conduct
their business activities through valid legal entities.
c. not have been suspended from his or her current profession or business by any professional
association, society, or institution
d. be in good standing and must not be in jail
e. be of sound mind and must be able to carry out his business in proper and legitimate manner
f. Is not a declared insolvent/convicted/bankrupt during the last five years prior to his association with the business of direct selling
g. is able and competent, as has been defined under the provisions of the Indian Contract Act, 1872,
to understand and agree the terms, conditions, obligations, affirmations, representations and
warranties set forth in this Atomy’s Code of Ethics and Principles.
h. agree to abide by and comply with the Direct Seller Agreement, Atomy’s Code of Ethics and
Principles, Compensation Plan, Policies and Procedures as amended from time to time and displayed on
the Website of Atomy.
a. Joining fee
b. Purchasing goods in an unreasonably large amount
c. Purchase any specified amount of products
d. Purchase brochures/catalogs and any other training material
e. Purchase tickets for Seminars/trips/other meetings
4. Duties of Direct Seller: -
5. Rights and duties of Atomy: - Atomy is/shall be:
6. Relationship between Atomy & Direct seller
7. Rules governing Distributorship of Couple
Atomy Enterprise India Pvt. Ltd., 8th Floor, 801 and 802, Magnum Towers 2, Sector 58, Golf Course Ext Road, Gurugram, Haryana, 122011
8. Rules governing Re registration Re-registration of Direct Sellers
9. Change of Direct Seller Name Changing the Direct Seller name is not possible in principle, except in the following cases.
In all the above circumstances, in case it comes to Atomy’s notice that such change of name in Atomy’s database has been obtained by willful, wrongful, fraudulent, unfair means, Atomy shall immediately terminate Direct Seller agreement without any prior intimation.
Upon receipt of application for change of name, Atomy shall scrutinize the same and shall request for additional documents if required to establish such change of name of the Direct Seller. It is in the interest of the Direct Seller that at the time of submission of request application such equivalent supporting documents evidencing change of name are submitted as had been submitted at the time of original registration application.
10. Line Change rules
11. Changes in Price, other charges, etc: Atomy may change suggested prices, discounts, commissions, transportation/courier charges, and active status requirements at any time. Atomy will give Direct Seller prior notice by displaying changes on the website of Atomy.
12. Changes in the Ownership of Distributorship
13. Atomy Compensation Plan: -
14. Use of Atomy Name, Trademark, Copy righted material and Atomy’s Intellectual Property Rights
Meaning of Intellectual Property: Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Atomy website, Atomy business, and the Trade Marks and any advertising and promotional materials provided to the Website user including software, confidential information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations, drawings, technology, business names, commercial symbols, processes, developments, licenses, trade secrets, techniques, specifications, patterns, drawings, formulae, technical information, research data, concepts, methods, procedures, reports, recommendations and any other knowledge of any nature whatsoever including patents, copyrights, trademarks, trade names, design and any amendments/modifications, renewals thereto and all confidential information necessary for, or which may be used in connection with the administration, operation and marketing of the Atomy products and services. The Direct Seller agrees that all rights in and relating to the Intellectual Property are and remain the property or under the control of Atomy and that such user does not acquire any right, title or interest in any of the Intellectual Property. This shall distinguish Atomy products and services from those of other companies.
Prior consent and authorized use:
The Direct Seller must:
This clause is to be read in conjunction with the Website Terms of Use.
15. Catalogue/brochure/any other supporting material
16. Product Ordering and Delivery Atomy and The Distributor agree to be bound by the terms and conditions as mentioned in the Product Ordering and Delivery Policies and Procedures, as amended from time to time, issued in this behalf and which is available on the Website.
17. Product Return Atomy and The Distributor agree to be bound by the terms and conditions as mentioned in the Product Return Policies and Procedures, as amended from time to time, issued in this behalf and which is available on the Website.
18. Payments Atomy and The Distributor agree to be bound by the terms and conditions as mentioned in the Agreement, Atomy Compensation Plan, Policies and Procedures, Website-terms of use, as amended from time to time, issued in this behalf and which is available on the Website.
19. Grievance Redressal Mechanism Pursuant to the Direct Selling guidelines, Atomy has prepared a step by step process for Complaint/Grievance redressal. Complaint/Grievance redressal is made available on Website and customer support center will also guide direct sellers for any assistance
20. Termination Atomy reserves the right to terminate contract, with reasonable Notice, where no purchase of goods or services for the period of one year since the contract was entered or since the date of last purchase made by Direct Seller and incase of any violations of Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures and any other non-compliance.
The Direct Seller may without assigning any reason, after giving written notice to Atomy terminate this Contract with immediate effect and this contract would be terminated automatically. A Direct Seller shall not be entitled to purchase Atomy’s products or services upon serving the notice.
In addition to the above:
21. Website-Terms of Use
A. Introduction
These Website Terms and Conditions (hereinafter referred to as “Terms/Terms of Use”) contained herein on
this webpage, shall govern your use of this website, including all pages within this website, content
platforms, applications (collectively referred to herein below as this “Website”). They apply to Atomy’s
provision and your use of Atomy’s content platforms, sites, applications and services. Your access to the
services is permitted by Atomy on the basis that you have accepted these terms, and in consideration for
that acceptance. If you do not agree to the terms, you are not permitted to access the services in any
manner. You must not use this Website in any way, if you have any objection to any of these Terms. If you do
access the services (whether you make use of them or not), you are deemed to have agreed to these Terms in
their entirety. Your agreement with Atomy includes any specific additional terms and policies that apply to
any specific services that you use.
Please read these terms carefully before accessing, using, obtaining or availing any products or services by
Atomy. If you do not agree with these Terms of Use you may refrain from using Atomy’s Website and/or
services. These conditions must be read in conjunction with any other applicable terms and conditions
governing the use of Atomy Website and services.
Downloading, installing, browsing or otherwise using atomy’s Website signifies acceptance of these Terms of
Use as well as agreement to be legally bound by the same.
This document is an electronic record generated by a computer system and does not require any physical or
digital signatures.
B. Modifications, Amendments & Changes to the Terms: Atomy reserves the right to modify these Terms of Use at any time at its sole and absolute discretion without any obligation of issuing notification to the users of the Website. It will be your responsibility to keep yourself updated with the Terms of Use from time to time. Your continued usage of Atomy Website and services would be deemed to be an acceptance of these terms and the modifications thereto.
C. Eligibility to Use:
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to
these terms. While individuals under the age of 18 may utilize/browse the Website, they shall do so only
with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent
/legal guardian’s registered account. Atomy reserves the right to terminate User’s access and refuse to
provide User with access to the Website if Atomy discovers that User is under the age of 18 years.
You hereby acknowledge & agree that you are fully able and competent, as has been defined under the
provisions of the Indian Contract Act, 1872, to understand and agree the terms, conditions, obligations,
affirmations, representations and warranties set forth in these Terms of Use. Persons who are incompetent to
contract within the meaning of Indian Contract Act, 1872 including minors, insolvents etc. are not eligible
to use the Website. Any visit or use of the Website shall be treated as representation of being competent to
enter into a contract.
It may be noted that the Website is a general audience Website that is not specifically designed or targeted
at children. We do not knowingly collect, use or disseminate any personal information from persons under the
age of 18. If, however, we become aware that personal information regarding a person under the age of 18 has
been collected at the Website, we will make reasonable efforts to delete it from our records.
D. Using Website: To use various parts of the Website you will have to first create an account by following the instructions given below
Detailed procedure for becoming Atomy Direct seller in the case of individuals has been provided below:
Detailed procedure for becoming Atomy Direct seller in the case of Business Entity has been provided below:
E. Website Availability: Atomy does not guarantee that the Website, products or services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our services may do so and Atomy reserves the right to limit access to or terminate the service and agreement of anyone without limitation.
F. No Warranties:
Information Disclaimer
The Website user agrees that:
Information Reliance
All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to
diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or
physical goals. No warranty is made that any information on or linked to the Website is complete and/or
accurate. All information contained on Atomy’s website, including information relating to medical and health
conditions, products and treatments, is for informational purposes only. It is often presented in summary or
aggregate form and must be purchased and used or consumed in consultation with medical or professional heath
care advice.
Must Seek Advice
Professional advice is required for each particular illness, disease, infection, injury or other medical or
health condition and for dosages or usage instructions in relation to any health related product or service
made available for sale on the Website. This information is not to be taken as any sort of medical advice
whatsoever, and the Distributor/Website user takes full and total responsibility for what he/she/it does
with this information, and any resulting outcomes from his/her/its actions. They must also consult with
their physical health care provider prior to the purchase and use of any of Atomy products or services
available on the Website.
No Substitute for Advice
The information contained in this Website is not intended nor is it implied to be a substitute for
professional medical or health advice or any information contained on or in any product packaging or labels.
Always seek the advice of your Pharmacist, General Practitioner, other Medical practitioner or qualified
health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of
product, physical exercise or activity, continuing with medical treatment or with any questions you may have
regarding yours or any other parties medical or physical condition.
NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT OR
HEALTH AND WELL BEING ADVICE OR INFORMATION OR THAT THE USAGE OF PRODUCTS AVAILABLE ON ATOMY’S WEBSITE ARE
SAFE FOR YOUR PERSONAL USE.
The user should carefully read and strictly follow all product labels, packaging inserts, instructions,
directions and cautions provided by Atomy or the Manufacturer/Brand owner, as the case may be, before using
any product. It is the sole responsibility of the user to follow the instructions & evaluate the ingredients
in order to avoid allergic reactions or other side effects personal to them.
No Guarantee of Results
Atomy does not guarantee that any specific or beneficial result will be obtained from use of the Atomy
services, purchase of Atomy products, or promotion or referral of customers to become Direct Sellers and
purchase Atomy products.
Action by You
If you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional
health upon accessing Atomy services and products, you will seek the attention of your independent health
care professional immediately.
Testimonials
Any testimonials displayed on the Website may not reflect the results that you may achieve. Results may vary
and your experience may not be similar to the experience of the user testimonials.
Acceptance of Risk
You acknowledge and accept that the purchase and use of the Atomy products and services may expose you to
risk of physical harm when used or consumed. You purchase and use the product having considered and accepted
the potential risks and are responsible for any adverse consequences that may occur.
G. Intellectual Property:
Meaning of Intellectual Property Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Atomy Website, Atomy business, and the Trade Marks and any advertising and promotional materials provided to the Website user including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations, drawings, technology, business names, commercial symbols, processes, developments, licenses, trade secrets, techniques, specifications, patterns, drawings, formulae, technical information, research data, concepts, methods, procedures, reports, recommendations and any other knowledge of any nature whatsoever including patents, copyrights, trademarks, trade names, design and any amendments/modifications, renewals thereto and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of the Atomy products and services
Meaning of Confidential Information: For the purposes of these Terms of Use, the term “Confidential Information” shall include any information or data of a scientific, technical, commercial or financial nature disclosed by Atomy, or which is obtained by Direct Seller from Atomy whether in writing, pictorially, in machine readable form, on disc, mail or orally, or by any other means/modes of disclosure and including without limitation any information contained in any written or printed document, hardware, firmware and software, Website, information related to technology and business activities (including, but not limited to, communication systems, business outlooks, revenue, pricing, trade secrets), computer programs, software (including, without limitation, code, software output, screen displays, file hierarchies and user interfaces), formulas, data, inventions, techniques, technology, know-how, processes, ideas, (whether patentable or not), schematics, specifications, drawings, product designs, product plans, pricing, services, strategies, third party confidential information, and corporate and personnel statistics, customer lists (potential or actual) and other customer-related information, supplier information, sales statistics, market intelligence, marketing, business working , operations, parent, subsidiaries, affiliates downline report provided or accessible to a Direct Seller, manufacturer information, Commission or sales reports, Product formulas, other financial and business information of Atomy and other business strategies and other commercial information of confidential nature or such information that by its inherent nature is confidential or proprietary.
H. Restrictions on the use of the Website: Certain parts of this website may be restricted from access to you and Atomy may further restrict access to you to any areas of this website, at any time, in its sole and absolute discretion. ADN and password you have for this Website are confidential and you must maintain confidentiality of such information.
Any content which is misleading, obscene, indecent, pornographic or sexually suggestive in nature, constitutes a direct attack against an individual or group, promotes violence, is highly discriminatory in nature or constitutes spamming or creating fake ADNs will be removed from the Website &/or Atomy’s database without any intimation in respect thereof.
In addition to what has been stated above, the Distributor/Website User must:
I. Payments: You hereby agree and understand that you will have to pay such charges as are mentioned on the Website for the concerned products & services via the payment mode provided on the Website subsequent to which the Order shall be confirmed. You agree and acknowledge that the payment procedure may call for and require additional verification of or information and you hereby undertake to provide complete, correct and proper information.
All the users of the Website are hereby informed that Atomy uses third party payment providers to receive payments from such users. Atomy shall not in any way be responsible for delays or erroneous transaction execution or cancellation of Orders due to payment issues.
Atomy takes utmost care to work with third party payment providers but does not control their systems, processes, technology and work flows and therefore cannot be held responsible for any fault at the end of payment providers.
The Website user understands that the payment facility provided by Atomy is neither a banking nor financial service but that Atomy is merely a facilitator in providing an electronic, automated online electronic payment for transactions on the Website using existing authorized banking infrastructure and payment gateway networks. By providing payment facility Atomy is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Website user who shall be making payments for the products or services using Atomy’s Website, would be making payments to the entities mentioned as per the link mentioned in the tab named SHOPPING MALL.
J. Use of Vendors: We may employ vendors to perform functions on our behalf, such as fulfilling orders, delivering packages, processing payments, and providing customer service. These vendors are under a contractual obligation to use confidential data received from Atomy only for purposes that fall within the functions for which they were hired.
We may disclose information that we collect about you when we have reason to believe that this is necessary to identify, contact or bring legal action against persons or entities that may be harming you, us or others. We may also disclose information when we believe the law requires it.
K. Data Transmission: We take reasonable steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. We shall not be responsible for harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of the Website or any information you transmit to the Website.
When you use Atomy’s Website, you agree and understand that you are communicating with Atomy through electronic means and you give your explicit consent to receive communications via electronic means from Atomy periodically and as and when required. It is however to be noted that Atomy may communicate with you by any of the means such as SMS, Email, Website Notifications, alerts or by such other mode of communication, electronic or otherwise.
You specifically agree that Atomy shall not be held responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or not received. Further, Atomy will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website, you agree that Atomy shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Atomy shall not be held liable or responsible for 'phishing attacks' or such other similar attacks on you.
L. Use of Cookies: Cookies are small pieces of information that are stored on computer hard drives. We may use cookies to recognize you when you return to the Website in order to provide you with a better user experience. We may allow third parties to use cookies on the Website.
We do not control the use or contents of third-party cookies. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Website.
You may accept or decline the cookies when you access the Website. It is your responsibility to set your browser to alert you to accept or to reject cookies.
M. Transfer of information: You hereby acknowledge & accept that the information you provide to us or that we obtain as a result of your use of the Website may be collected in your country and subsequently transferred to another country in accordance with applicable laws. If you do not want to disclose your personal information to us, please do not submit it. This does mean that in some cases, we may not be able to provide you the service you have requested. The use of this Website & the provision of information from your side demonstrates your consent to the processing of information as described in these Terms.
N. Third Party links: The Website may contain links to web sites operated and maintained by third parties over which we have absolutely no control. Any information you provide to third party websites will be governed under the terms of each websites’ privacy policy and we encourage you to investigate and ask questions before disclosing any information to the operators of third-party websites.
Atomy does not regularly review and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website may be linked. Atomy cannot be held responsible for any deficiency in services of/by such third-party websites.
We have no responsibility or liability whatsoever for the content, actions or policies of third-party websites. Any decision to view the contents of any linked site is solely the responsibility of the Website user and is made at his/her/its own risk.
Additionally, any references on the Website to any names, marks, logos, products or services of third parties or hypertext links to third party sites or any other information that may be provided does not in any way constitute or imply any endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Atomy and those third parties.
O. Limitation of liability: In no event shall Atomy, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and Atomy , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Neither Atomy nor any of its officers, directors and employees shall be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise.
P. Breach of the Terms of Use: Atomy reserves the right to temporarily/indefinitely suspend or terminate or block Distributorship and/or refuse to provide access to Atomy’s Website without any prior intimation in the following circumstances:
Atomy reserves the right, in its sole discretion, to suspend or cancel any service at any time if a problem
hampers or corrupts the security, or impedes the proper administration of such service.
The Website user willing to use Atomy’s Website also agrees that any breach of these Terms of Use or any
other rules or policies (as amended from time to time) as displayed on Atomy’s Website will constitute an
unlawful and unfair business practice and will cause irreparable harm to Atomy, for which monetary damages
would normally be inadequate. In case payment of monetary damages is deemed adequate remedy in Atomy's
opinion, the Website user consents to pay the same to Atomy, which shall not however prevent the obtaining
of any injunctive or equitable relief that Atomy deems necessary or appropriate in such circumstances. These
remedies shall be in addition to any other remedies Atomy may have in law or in equity.
If Atomy initiates any legal action as a result of any breach of these Terms of Use or any other rules or
policy, Atomy shall also be entitled to recover all reasonable attorneys' fees and costs of such action, in
addition to any other relief granted to Atomy.
Q. Indemnification: The Website user shall indemnify, defend and hold harmless Atomy and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses (including consequential loss), liabilities (including taxation liabilities), expenses, damages and costs, including reasonable attorneys' fees and court costs, proceeding or demand of any nature howsoever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown arising or resulting from any breach of these Terms of Use or due to any unlawful conduct committed by the Website user including a breach of Intellectual Property Rights of third parties.
R. Force Majeure:
The term force majeure shall include, but not be limited to fires, floods, lightening, disease, acts of God
or the public enemy, embargoes, strikes, lockouts, wars (declared or undeclared), riots, civil commotion,
interference by civil or military authorities, terrorist acts, Government actions, order(s) or request (s),
including (without limitation) certification, clearance or other document, or any other cause or contingency
beyond the control of Atomy in any of the aforesaid events.
Atomy shall not be liable for failure to perform or any delay in performance of services when and to extent
that such failure or delay is due to force majeure.
S. Governing law & Jurisdiction: These Terms, any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability and all transactions entered into on or through Atomy’s Website shall be interpreted, construed and governed by the laws of India which shall be applicable to these Terms without regard to principles of conflict of laws.
The Website User also agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the terms or any transactions entered into on or through the Website or the relationship between the Website User & Atomy shall be subject to the exclusive jurisdiction of the courts at Delhi and the Website user hereby accepts the jurisdiction of such courts.
T. Severance: If any provision (or part of a provision) of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of a provision) shall be deemed deleted. Any modification to or deletion of a provision (or part of a provision) under this clause shall not affect the legality, validity and enforceability of the rest of the Terms.
U. Headings: Headings of the sections of these Terms of Use are inserted for convenience reasons only and shall not affect in any way the substantive meaning or interpretation of the contents of the sections.
22. Privacy Policy
Introduction Atomy is committed to protecting your privacy. The purpose of this Privacy Policy (hereinafter referred to as ‘Policy’) is to inform you as to what information may be collected from you when you visit our website, including all pages within this website, content platforms, applications (collectively referred to herein below as this “Website”) or when you become a Distributor, how such information will be used by Atomy and / or other persons or entities, with whom such information may be shared, your choices regarding the collection, use and distribution of such information, your ability to edit, update, correct or delete such information and the security procedures that we have implemented to protect your privacy.
This Privacy Policy applies to all personal information collected by Atomy during the course of any usage of
the service provided. By using the service, the you agree to comply with Atomy’s policies.
This Privacy Policy is embedded in an electronic format under the Information Technology Act, 2000 and the
Rules made thereunder and the amendments regarding electronic documents as amended by the said Act. This
document is an electronic record generated by a computer system and does not require any physical or digital
signatures.
Website Terms of Use
A. Introduction These Website Terms and Conditions (hereinafter referred to as “Terms/Terms of Use”) contained herein on this webpage, shall govern your use of this website, including all pages within this website, content platforms, applications (collectively referred to herein below as this “Website”). They apply to Atomy’s provision and your use of Atomy’s content platforms, sites, applications and services. Your access to the services is permitted by Atomy on the basis that you have accepted these terms, and in consideration for that acceptance. If you do not agree to the terms, you are not permitted to access the services in any manner. You must not use this Website in any way, if you have any objection to any of these Terms. If you do access the services (whether you make use of them or not), you are deemed to have agreed to these Terms in their entirety. Your agreement with Atomy includes any specific additional terms and policies that apply to any specific services that you use.
Please read these terms carefully before accessing, using, obtaining or availing any products or services by Atomy. If you do not agree with these Terms of Use you may refrain from using Atomy’s Website and/or services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of Atomy Website and services.
Downloading, installing, browsing or otherwise using Atomy’s Website signifies acceptance of these Terms of Use as well as agreement to be legally bound by the same.
This document is an electronic record generated by a computer system and does not require any physical or digital signatures.
B. Modifications, Amendments & Changes to the Terms: Atomy reserves the right to modify these Terms of Use at any time at its sole and absolute discretion without any obligation of issuing notification to the users of the Website. It will be your responsibility to keep yourself updated with the Terms of Use from time to time. Your continued usage of Atomy Website and services would be deemed to be an acceptance of these terms and the modifications thereto.
C. Eligibility to Use: You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the Website, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. Atomy reserves the right to terminate User’s access and refuse to provide User with access to the Website if Atomy discovers that User is under the age of 18 years.
You hereby acknowledge & agree that you are fully able and competent, as has been defined under the provisions of the Indian Contract Act, 1872, to understand and agree the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. Persons who are incompetent to contract within the meaning of Indian Contract Act, 1872 including minors, insolvents etc. are not eligible to use the Website. Any visit or use of the Website shall be treated as representation of being competent to enter into a contract.
It may be noted that the Website is a general audience Website that is not specifically designed or targeted at children. We do not knowingly collect, use or disseminate any personal information from persons under the age of 18. If, however, we become aware that personal information regarding a person under the age of 18 has been collected at the Website, we will make reasonable efforts to delete it from our records.
D. Using Website: To use various parts of the Website you will have to first create an account by following the instructions given below;
Detailed procedure for becoming Atomy Direct seller in the case of individuals has been provided below:
Step 1: Login with Guest Credentials of the Sponsor
Step 2: View Atomy Orientation Videos
Step 3: Read Direct Seller Agreement, Code of Ethics and Principles, Atomy’s Policies and Procedures and Atomy Compensation Plan. Provide consent abiding by the contents, terms and conditions.
Step 4: Fill personal information
Step 5: Upload Address proof document (Both Front & Back Page)
Step 6: Auto PAN verification is done; Direct Seller name gets populated per PAN
Step 7: Partner to provide Spouse Information
Step 8: Sponsor details to be filled
Step 9: After filling all the details in the direct seller application, electronic record will be generated which doesn’t require digital/physical signature and it binds both the parties as per applicable law
Step 10: Atomy Distributor Number (ADN) & Password is generated and registration Complete
Detailed procedure for becoming Atomy Direct seller in the case of Business Entity has been provided below:
Step 1: Login with Guest Credentials of the Sponsor
Step 2: View Atomy Orientation Videos
Step 3: Read Direct Seller Agreement, Code of Ethics and principles, Atomy’s Policies and procedures and Atomy Compensation Plan. Provide consent abiding by the contents, terms and conditions.
Step 4: Select type of Business Entity: Proprietor/LLP/Partnership/Company
Step 5: Fill all the required details
Step 6: Attach Address Proof document (COI/GST Registration/Shop & Establishments/Notarized Lease Agreement)
Step 7: Auto GST verification is done (Legal Business Name is auto populated)
Step 8: Sponsor details to be filled
Step 9: Atomy Distributor Number (ADN) & Password is generated
Step 10: Partner Downloads Agreement copy, signs it and sends along with other mandatory business entity documents to Atomy
Step 11: Manual verification done by CS Team and registration complete
E. Website Availability: Atomy does not guarantee that the Website, products or services will always be available, work, or be accessible at any particular time. Further, only users who are eligible to use our services may do so and Atomy reserves the right to limit access to or terminate the service and agreement of anyone without limitation.
F. No Warranties:
Information Disclaimer The Website user agrees that:
Information Reliance All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is made that any information on or linked to the Website is complete and/or accurate. All information contained on Atomy’s website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be purchased and used or consumed in consultation with medical or professional heath care advice.
Must Seek Advice Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health-related product or service made available for sale on the Website. This information is not to be taken as any sort of medical advice whatsoever, and the Distributor/Website User takes full and total responsibility for what he/she/it does with this information, and any resulting outcomes from his/her/its actions. They must also consult with their physical health care provider prior to the purchase and use of any of Atomy products or services available on the Website.
No Substitute for Advice The information contained in this Website is not intended nor is it implied to be a substitute for professional medical or health advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other Medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition.
NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT OR HEALTH AND WELL BEING ADVICE OR INFORMATION OR THAT THE USAGE OF PRODUCTS AVAILABLE ON ATOMY’S WEBSITE ARE SAFE FOR YOUR PERSONAL USE.
The user should carefully read and strictly follow all product labels, packaging inserts, instructions, directions and cautions provided by Atomy or the Manufacturer/Brand owner, as the case may be, before using any product. It is the sole responsibility of the user to follow the instructions & evaluate the ingredients in order to avoid allergic reactions or other side effects personal to them.
No Guarantee of Results Atomy does not guarantee that any specific or beneficial result will be obtained from use of the Atomy services, purchase of Atomy products, or promotion or referral of customers to become Direct Sellers and purchase Atomy products.
Action by You If you notice any adverse, detrimental, negative or concerning changes to your physical, mental or emotional health upon accessing Atomy services and products, you will seek the attention of your independent health care professional immediately.
Testimonials Any testimonials displayed on the Website may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
Acceptance of Risk You acknowledge and accept that the purchase and use of the Atomy products and services may expose you to risk of physical harm when used or consumed. You purchase and use the product having considered and accepted the potential risks and are responsible for any adverse consequences that may occur.
G. Intellectual Property: Meaning of Intellectual Property: Intellectual Property means all copyright, trade mark rights, logo, patent rights, design rights or any other Intellectual Property Rights subsisting in or created during the development of the products, Atomy Website, Atomy business, and the Trade Marks and any advertising and promotional materials provided to the Website user including software, Confidential Information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations, drawings, technology, business names, commercial symbols, processes, developments, licenses, trade secrets, techniques, specifications, patterns, drawings, formulae, technical information, research data, concepts, methods, procedures, reports, recommendations and any other knowledge of any nature whatsoever including patents, copyrights, trademarks, trade names, design and any amendments/modifications, renewals thereto and all Confidential Information necessary for, or which may be used in connection with the administration, operation and marketing of the Atomy products and services
Meaning of Confidential Information: For the purposes of these Terms of Use, the term “Confidential Information” shall include any information or data of a scientific, technical, commercial or financial nature disclosed by Atomy, or which is obtained by Direct Seller from Atomy whether in writing, pictorially, in machine readable form, on disc, mail or orally, or by any other means/modes of disclosure and including without limitation any information contained in any written or printed document, hardware, firmware and software, Website, information related to technology and business activities (including, but not limited to, communication systems, business outlooks, revenue, pricing, trade secrets), computer programs, software (including, without limitation, code, software output, screen displays, file hierarchies and user interfaces), formulas, data, inventions, techniques, technology, know-how, processes, ideas, (whether patentable or not), schematics, specifications, drawings, product designs, product plans, pricing, services, strategies, third party confidential information, and corporate and personnel statistics, customer lists (potential or actual) and other customer-related information, supplier information, sales statistics, market intelligence, marketing, business working , operations, parent, subsidiaries, affiliates downline report provided or accessible to a Direct Seller, manufacturer information, Commission or sales reports, Product formulas, other financial and business information of Atomy and other business strategies and other commercial information of confidential nature or such information that by its inherent nature is confidential or proprietary.
H. Restrictions on the use of the Website: Certain parts of this website may be restricted from access to you and Atomy may further restrict access to you to any areas of this website, at any time, in its sole and absolute discretion. ADN and password you have for this Website are confidential and you must maintain confidentiality of such information.
Any content which is misleading, obscene, indecent, pornographic or sexually suggestive in nature, constitutes a direct attack against an individual or group, promotes violence, is highly discriminatory in nature or constitutes spamming or creating fake ADNs will be removed from the Website &/or Atomy’s database without any intimation in respect thereof.
In addition to what has been stated above, the Distributor/Website User must:
I. Payments: You hereby agree and understand that you will have to pay such charges as are mentioned on the Website for the concerned products & services via the payment mode provided on the Website subsequent to which the Order shall be confirmed. You agree and acknowledge that the payment procedure may call for and require additional verification of or information and you hereby undertake to provide complete, correct and proper information.
All the users of the Website are hereby informed that Atomy uses third party payment providers to receive payments from such users. Atomy shall not in any way be responsible for delays or erroneous transaction execution or cancellation of Orders due to payment issues.
Atomy takes utmost care to work with third party payment providers but does not control their systems, processes, technology and work flows and therefore cannot be held responsible for any fault at the end of payment providers.
The Website user understands that the payment facility provided by Atomy is neither a banking nor financial service but that Atomy is merely a facilitator in providing an electronic, automated online electronic payment for transactions on the Website using existing authorized banking infrastructure and payment gateway networks. By providing payment facility Atomy is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Website user who shall be making payments for the products or services using Atomy’s Website, would be making payments to the entities mentioned as per the link mentioned in the tab named SHOPPING MALL.
J. Use of Vendors: We may employ vendors to perform functions on our behalf, such as fulfilling orders, delivering packages, processing payments, and providing customer service. These vendors are under a contractual obligation to use confidential data received from Atomy only for purposes that fall within the functions for which they were hired.
We may disclose information that we collect about you when we have reason to believe that this is necessary to identify, contact or bring legal action against persons or entities that may be harming you, us or others. We may also disclose information when we believe the law requires it.
K. Data Transmission: We take reasonable steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. We shall not be responsible for harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of the Website or any information you transmit to the Website.
When you use Atomy’s Website, you agree and understand that you are communicating with Atomy through electronic means and you give your explicit consent to receive communications via electronic means from Atomy periodically and as and when required. It is however to be noted that Atomy may communicate with you by any of the means such as SMS, Email, Website Notifications, alerts or by such other mode of communication, electronic or otherwise.
You specifically agree that Atomy shall not be held responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or not received. Further, Atomy will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website, you agree that Atomy shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Atomy shall not be held liable or responsible for 'phishing attacks' or such other similar attacks on you.
L. Use of Cookies: Cookies are small pieces of information that are stored on computer hard drives. We may use cookies to recognize you when you return to the Website in order to provide you with a better user experience. We may allow third parties to use cookies on the Website.
We do not control the use or contents of third-party cookies. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Website.
You may accept or decline the cookies when you access the Website. It is your responsibility to set your browser to alert you to accept or to reject cookies.
M. Transfer of information: You hereby acknowledge & accept that the information you provide to us or that we obtain as a result of your use of the Website may be collected in your country and subsequently transferred to another country in accordance with applicable laws. If you do not want to disclose your personal information to us, please do not submit it. This does mean that in some cases, we may not be able to provide you the service you have requested. The use of this Website & the provision of information from your side demonstrates your consent to the processing of information as described in these Terms.
N. Third Party links: The Website may contain links to web sites operated and maintained by third parties over which we have absolutely no control. Any information you provide to third party websites will be governed under the terms of each websites’ privacy policy and we encourage you to investigate and ask questions before disclosing any information to the operators of third-party websites.
Atomy does not regularly review and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website may be linked. Atomy cannot be held responsible for any deficiency in services of/by such third-party websites.
We have no responsibility or liability whatsoever for the content, actions or policies of third-party websites. Any decision to view the contents of any linked site is solely the responsibility of the Website user and is made at his/her/its own risk.
Additionally, any references on the Website to any names, marks, logos, products or services of third parties or hypertext links to third party sites or any other information that may be provided does not in any way constitute or imply any endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Atomy and those third parties.
O. Limitation of liability: In no event shall Atomy, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and Atomy , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Neither Atomy nor any of its officers, directors and employees shall be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise.
P. Breach of the Terms of Use: Atomy reserves the right to temporarily/indefinitely suspend or terminate or block Distributorship and/or refuse to provide access to Atomy’s Website without any prior intimation in the following circumstances:
• In case of breach of the Terms of Use or any other rules and policies as displayed on Atomy’s Website;
• In case Atomy is unable to verify or authenticate the information that has been furnished on its Website by the User;
• In such circumstances wherein Atomy is of the opinion that there is a violation of any law(s) in force.
Atomy reserves the right, in its sole discretion, to suspend or cancel any service at any time if a problem hampers or corrupts the security, or impedes the proper administration of such service.
The Website user willing to use Atomy’s Website also agrees that any breach of these Terms of Use or any other rules or policies (as amended from time to time) as displayed on Atomy’s Website will constitute an unlawful and unfair business practice and will cause irreparable harm to Atomy, for which monetary damages would normally be inadequate. In case payment of monetary damages is deemed adequate remedy in Atomy's opinion, the Website user consents to pay the same to Atomy, which shall not however prevent the obtaining of any injunctive or equitable relief that Atomy deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies Atomy may have in law or in equity.
If Atomy initiates any legal action as a result of any breach of these Terms of Use or any other rules or policy, Atomy shall also be entitled to recover all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Atomy.
Q. Indemnification: The Website user shall indemnify, defend and hold harmless Atomy and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses (including consequential loss), liabilities (including taxation liabilities), expenses, damages and costs, including reasonable attorneys' fees and court costs, proceeding or demand of any nature howsoever arising, whether present or future, fixed or uncertain, actual or contingent, known or unknown arising or resulting from any breach of these Terms of Use or due to any unlawful conduct committed by the Website user including a breach of Intellectual Property Rights of third parties.
R. Force Majeure: The term force majeure shall include, but not be limited to fires, floods, lightening, disease, acts of God or the public enemy, embargoes, strikes, lockouts, wars (declared or undeclared), riots, civil commotion, interference by civil or military authorities, terrorist acts, Government actions, order(s) or request (s), including (without limitation) certification, clearance or other document, or any other cause or contingency beyond the control of Atomy in any of the aforesaid events.
Atomy shall not be liable for failure to perform or any delay in performance of services when and to extent that such failure or delay is due to force majeure.
S. Governing law & Jurisdiction: These Terms, any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability and all transactions entered into on or through Atomy’s Website shall be interpreted, construed and governed by the laws of India which shall be applicable to these Terms without regard to principles of conflict of laws.
The Website User also agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the terms or any transactions entered into on or through the Website or the relationship between the Website User & Atomy shall be subject to the exclusive jurisdiction of the courts at Delhi and the Website user hereby accepts the jurisdiction of such courts.
T. Severance: If any provision (or part of a provision) of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of a provision) shall be deemed deleted. Any modification to or deletion of a provision (or part of a provision) under this clause shall not affect the legality, validity and enforceability of the rest of the Terms.
U. Headings: Headings of the sections of these Terms of Use are inserted for convenience reasons only and shall not affect in any way the substantive meaning or interpretation of the contents of the sections.
Introduction Atomy is committed to protecting your privacy. The purpose of this Privacy Policy (hereinafter referred to as ‘Policy’) is to inform you as to what information may be collected from you when you visit our website, including all pages within this website, content platforms, applications (collectively referred to herein below as this “Website”) or when you become a Distributor, how such information will be used by Atomy and / or other persons or entities, with whom such information may be shared, your choices regarding the collection, use and distribution of such information, your ability to edit, update, correct or delete such information and the security procedures that we have implemented to protect your privacy.
This Privacy Policy applies to all personal information collected by Atomy during the course of any usage of the service provided. By using the service, the you agree to comply with Atomy’s policies.
This Privacy Policy is embedded in an electronic format under the Information Technology Act, 2000 and the Rules made thereunder and the amendments regarding electronic documents as amended by the said Act. This document is an electronic record generated by a computer system and does not require any physical or digital signatures.
I. NOTICE for Collection of Information: This notice applies to anyone who interacts with us in relation to our products and services, by any mode of communication. We may give you additional privacy notices if required for specific interactions.
You may be asked for certain types of personal information (e.g., your first and last name, PAN, mailing address, city, state, Pincode, telephone number, email address, credit card number, bank information, etc.). If you do not want to disclose your personal information to us, please do not submit it. This does mean that in some cases, we may not be able to provide you the service you have requested. Your personal information is used for efficient service and better user experience on the Website.
Atomy may also collect Miscellaneous Information through your interaction with and use of the Website which does not reveal your specific identity or does not directly relate to an individual/entity. Miscellaneous Information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information. In some instances, Atomy may combine Miscellaneous Information with Personal Information, such as combining a precise geographical location with ADN. In such cases, combined information will be treated as your personal information.
Such information that is considered sensitive under applicable law will be handled in accordance with such laws.
II. Use of Information: We will keep your personal information private. You will be informed about these purposes at various parts of the Direct Seller Agreement, Atomy Policies & Procedures, Atomy Compensation Plan, Atomy Code of Ethics (hereinafter collectively referred to as ‘Agreement’) as well as on the Website of the Company. For instance, information about Distributors will be used to provide services, calculate earnings and bonuses, and ensure compliance with the company’s regulations. In compliance and requirements to maintain records, the Company may need personal information for confirmation and reporting commissions, withholding & reporting applicable taxes.
It may also be used to set up, generate & administer ADN, provide necessary technical support, verify identify of the Direct Seller/Website user and send important communication.
It may also be used to deliver marketing and event-based communication. We also use technology to help us understand your personal preferences and interests so that we can send recommendations and marketing communications that are likely to be of more interest to you.
It may also be used for internal research and development purposes and to improve and test the features and functions of the Website.
Atomy may use and retain personal information for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or fraud, or to meet our internal and external audit requirements, information security purposes, and/or which is required:
(a) under applicable law
(b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities,
(c) to be shared with vendors to perform functions on our behalf, such as fulfilling orders, delivering packages, processing payments, and providing customer service or Websites that integrate with our API or services, or those with an API or service with which we integrate. These vendors are under a contractual obligation to use confidential data received from Atomy only for purposes that fall within the functions for which they were hired.
(d) to enforce Atomy’s Agreement; and
(e) to protect Atomy’s rights, privacy, safety, or property, or those of other persons.
III. Use of Cookies: Cookies are small pieces of information that are stored on computer hard drives. We may use cookies to recognize you when you return to the Website in order to provide you with a better user experience. We may allow third parties to use cookies on the Website.
We do not control the use or contents of third party cookies. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Website.
You may accept or decline the cookies when you access the Website. It is your responsibility to set your browser to alert you to accept or to reject cookies.
IV. Data Transmission & Information security: We take reasonable steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. We shall not be responsible for harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of the Website or any information you transmit to the Website.
When you use Atomy’s Website, you agree and understand that you are communicating with Atomy through electronic means and you give your explicit consent to receive communications via electronic means from Atomy periodically and as and when required. It is however to be noted that Atomy may communicate with you by any of the means such as email, Website Notifications, alerts or by such other mode of communication, electronic or otherwise.
You specifically agree that Atomy shall not be held responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or not received. Further, Atomy will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website, you agree that Atomy shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Atomy shall not be held liable or responsible for 'phishing attacks' or such other similar attacks on you.
V. ADN & Password Management:
Atomy will not be held liable for any problems caused by the misuse of ADN and password or the use of others. Under no circumstances should you tell anyone your password and take special care not to leak your personal information to others around you while logged on. If the Distributorship or purchase is confirmed by stealing other people's personal information, the Agreement can be terminated unilaterally.
Please contact Atomy immediately in case you believe that your Password has been misused.
VI. Use of Vendors: We may employ vendors to perform functions on our behalf, such as fulfilling orders, delivering packages, processing payments, and providing customer service. These vendors are under a contractual obligation to use confidential data received from Atomy only for purposes that fall within the functions for which they were hired.
We may disclose information that we collect about you when we have reason to believe that this is necessary to identify, contact or bring legal action against persons or entities that may be harming you, us or others. We may also disclose information when we believe the law requires it.
VII. Transfer of information: You hereby acknowledge & accept that the information you provide to us or that we obtain as a result of your use of the Website may be collected in your country and subsequently transferred to another country in accordance with applicable laws. If you do not want to disclose your personal information to us, please do not submit it. This does mean that in some cases, we may not be able to provide you the service you have requested. The use of this Website & the provision of information from your side demonstrates your consent to the processing of information as described in these Terms.
VIII. Modifications, Amendments & Changes to the Policy: Atomy reserves the right to modify this Policy at any time at its sole and absolute discretion without any obligation of issuing notification to the users of the Website. It will be your responsibility to keep yourself updated with the Policy from time to time. Your continued usage of Atomy Website and services would be deemed to be an acceptance of these terms and the modifications thereto.
IX. Complaints & Suggestions: If you have any questions, comments, complaints or suggestions in relation to this notice, or any other concerns about the way in which we process information about you, please contact us by sending an email to Customer Care or through the Website.
1. Information on this Website is strictly for educational or general informational purposes only, which is implicitly not to be construed as medical advice. We make no claims with respect to the accuracy of the information contained on this Website which was obtained from any reference materials, journals, magazines, health websites, or any other source.
2. The Website content is for informational purposes only and is not meant to substitute the guidance of your licensed healthcare practitioner. Information and products are meant for general use only and are not intended to diagnose, cure, treat, or prevent any disease or provide medical advice. Any decision to use supplements to support your specific needs should be considered in consultation with your licensed healthcare practitioner.
3. Information and statements are not intended to diagnose, treat, improve, benefit, cure, or prevent any disease, medical condition, or health concern or physical goals. No warranty is made that any information on or linked to the Website is complete and/or accurate.
4. Professional advice is required for each particular illness, disease, infection, injury or other medical or health condition and for dosages or usage instructions in relation to any health related product or service made available for sale on the Website.
5. As the human body reacts differently to supplements for different people, just as prescription medicines, Atomy does not guarantee any claims, benefits, safety or that any specific or beneficial result will be obtained, from use of the Atomy services, purchase of Atomy products. It is the sole responsibility of the user to follow the instructions & evaluate the ingredients in order to avoid allergic reactions or other side effects personal to them. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, dietary plan, dietary consumption, usage of product, physical exercise or activity, continuing with medical treatment or with any questions you may have regarding yours or any other parties medical or physical condition
6. Any questions you may have concerning your use of drugs, medications, or supplements should be directed to your healthcare provider. Atomy customer service representatives are not qualified to answer any medical questions and will refer you to a medical professional.
7. Additionally, kindly refer the Clause on ‘No Warranties’ & ‘Information Disclaimer’, in particular, which is described in the Website-Terms of Use for further details in this regard.
8. Due to Customs regulations, Central, State or local government restrictions, or other rules and regulations, some or all products contained and displayed on this website may not be available in your area and at all times. Certain products may be displayed on the Website for informational or educational purposes only and may not be offered for sale due to reasons of availability or otherwise.
9. Availability of products and services are subject to change. Availability of the products and services described on this site may vary due to limited quantities. Please contact the Customer Care for queries and details on products, services and their availability.
10. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case to case basis.
11. We reserve the right to limit the quantities of any products or services that we offer.
12. We reserve the right to discontinue any product at any time.
13. Prices for all products are subject to change.
14. Errors will be corrected where discovered and Atomy reserves all rights to correct the errors, inaccuracies and omissions including after an order has been submitted and whether or not the order has been confirmed and payment has been made.
15. We have made every effort to display as accurately as possible the colours, features, specifications, details & images of our products available on the Website. However, we cannot guarantee that the colours, features, specifications, details & images of our products will be accurate, complete, reliable, current or free of other errors and your electronic display may not accurately reflect the actual colours, features, details & images of our products.
Note: The contents of this Section have to be read in conjunction with the Website-Terms of Use, Atomy Policies & Procedures, Atomy Code of Ethics & Principles which are made available on this Website and are public documents capable of being viewed by all the users of the Website.
1. Grievance/Complaint Redressal Management Policy: - Atomy Enterprises India Pvt. Ltd has adopted the following guidelines/process, in respect of handling customer grievances/complaints.
2. Objectives of Grievance Redressal Policy/Process: -
3. Definitions: -
→ A form of questioning, in a line of enquiry
→ In nature of request for information or guidance
→ Where there is an expectation from the customer – for data/clarification
4. Details for registering Grievances/Complaints: -
Mode of Grievances/Complaints Registration | Timings | Details of modes |
---|---|---|
Website | 24*7 | www.atomy.com/in |
24*7 | atomy_in@atomypark.com | |
Written through post/courier | 24*7 |
Atomy Corporate Office: Atomy Enterprises India Pvt. Ltd, 801 and 802, 8th Floor, Magnum Tower 2, Sector 58, Golf Course Ext. Road, Gurugram 122011, State - Haryana, India |
Customer Support Centre | Between 9am to 5pm from Monday to Saturday (Except National Holidays) | 0124-695-9000 |
Walk In | Between 9am to 5pm from Monday to Saturday (Except National Holidays) | In Grievances/Complaints drop box which is placed in Atomy Corporate Office |
5. Grievance Redressal Committee: - Grievance Redressal Committee consists of three Atomy India employees
a. Mr. Naveen Sourabh Pal-Manager Customer Service (Mobile No: +918700995915, Email: atomy_in@atomypark.com, Telephone No. +91-124-695-9000, Fax: +91-124-695-2851)
b. Jacob Boban Abraham – Assistant Manager Marketing (Mobile No: +919560093409, Email: jacob01@atomypark.com, Telephone No. +91-124-695-9000, Fax: +91-124-695-2851)
c. Rajeev Kumar Rattawa - Manager Finance and Accounts (Mobile No: +919953404946, Email:atomyin_finance@atomypark.com, Telephone No. +91-124-695-9000, Fax: +91-124-695-2851)
6. Escalations: -
a. Level 1 – Customer Smile Officers (CSO)
b. Level 2 – Customer Service Head
c. Level 3 – Senior Management
7. Timelines: -
a. Acknowledgement – Within 2 working days of receipt of grievance/complaint
b. RCA – Within 14 days after acknowledgement of grievance/complaint
c. Redressal based on RCA – within 6 days after submitting RCA
d. Closed grievance/complaint – 5 days after redressal in case of no reply
8. Severity Matrix: -
Grievance/ Complaint Type | Severity Definition | Level 1 | Level 2 |
---|---|---|---|
Quality related | Product quality & damage related complaints | Yes | No |
Delivery related | Product not delivered as per timelines mentioned | Yes | No |
Error in processing | Errors in processing order/commission | Yes | No |
Escalated complaints | Complaints which are not solved at level 1 are called as escalated complaints | No | Yes |
Breach of TAT (Turn Around Time) |
Delay/non receipt of notification, communication, policy documents | Yes | No |
Legal/Consumer Court | Legal/consumer court complaints against Grievance | No | Yes |
Complaint to Direct Selling Organization | Complaint to direct selling origination about company | No | Yes |
Refund of Amount | Complaints related to refund of amount caused during order processing and order not generated | Yes | No |
Others | Complaints which doesn’t fall under above categories are called as others | Yes | No |
1. Product Return Policy: - Atomy Enterprises India Pvt. Ltd has adopted the following policy, in respect of handling product return and refund. The purpose of this policy is to establish a clear understanding between Atomy Enterprise India Pvt. Ltd and its direct sellers, defining the conditions under which goods may be returned for replacement or refund credit.
2. Objectives of Product Return Policy: - a. Meet guidelines of Direct Selling framework
3. Definitions: -
4. Conditions for return
Atomy, going beyond Customer Satisfaction and bringing about Customer Success.
Atomy pursues simple Philosophy, selling quality products at affordable prices, and allowing its Customer/ Direct Sellers to purchase the right amount at the right time. Masstige is Atomy’s product Philosophy to provide Absolute Quality products at Absolute Prices.
The Refund policy is applicable only for products in saleable conditions, and partially used products (i.e. less than 30%). This policy is not applicable to products that have been intentionally damaged or misused.
Direct Seller may return the products as per below guidelines
Buyback/Repurchase conditions:-
Category | Condition of product | Period | Invoice | Payment |
---|---|---|---|---|
a. During Cooling off period b. General Buyback /repurchase (During routine business transactions) c. Upon termination of agreement/Contract |
Saleable | 30 days | Yes | Direct Seller Price |
No |
Direct Seller Price less GST (GST will be deducted from Direct Seller Price) |
|||
Received in damage condition | Saleable/Non-Saleable | 10 days | Yes | Direct Seller Price |
No |
Direct Seller Price less GST (GST will be deducted from Direct Seller Price) |
|||
Not completely satisfied with product quality |
Saleable/ Non-Saleable |
30 days | Yes | Direct Seller Price |
No |
Direct Seller Price less GST (GST will be deducted from Direct Seller Price) |
Steps involved for return: -
Modes | Timings | Details of Call Centre |
---|---|---|
24*7 | atomy_in@atomypark.com | |
Customer Support Centre | Between 9am to 5pm from Monday to Saturday (Except National Holidays) |
0124-695-9000 |
5. Warranty & Guarantee : - Up to 30% used product can be return as per above mention criteria
6. Impact due to return: - Due to return of product following impact will be reflected in a. Personal PV b. Upline Group PV
7. Refund of money - Once we receive you item, we will inspect it and notify you that we have received your returned item. We will initiate a refund by online money transfer through NEFT/RTGS.
8. Timelines: - a. Inspection – Within 7 days after receipt of material in warehouse. b. Refund – Within 7 days after inspection of material.
1. Purpose: This Social media policy has been developed in recognition of the growing popularity of participation in online social media. Atomy Enterprise India Private Limited (hereafter referred to as “Atomy” or “Atomy India”) is supportive of Distributors participating in social media environment to keep in touch with their business beneficiaries and prospects, share information or become involved in online discussions. However, for Distributor who use social media, it is important to understand the obligations when the social media posts and online communication is about Atomy India and its business, products and services, other Distributors or other work-related issue.
2. Social Media: The term ‘Social media’ refers to websites & online tools (including but not limited to, Facebook, Instagram, WhatsApp, Telegram, YouTube, Twitter, weblogs, Flickr, forums and discussion boards and wikis) that allows user to connect & interact with other people, share content, profile, experiences and opinions.
3. Policy Application: This policy applies to all Atomy India Distributors irrespective of level/status and shall continue to apply even if you cease to be a Distributor of Atomy India. However, it does not apply to personal use of social media where no reference is made to Atomy India and/or such usage has no connection to the Atomy’s Business.
This policy is supplemental to the existing Code of Ethics, Distributor Agreement, Policies and Procedure and Direct Selling Guidelines which are to be adhered by a Distributor while using social media platforms. The user must act ethically, responsibly and professionally and exercise good judgment while participating on social media while ensuring that they do not violate any clause in this policy, Code of Ethics, Distributorship agreement, Policies and Procedure and Direct Selling Guidelines.
4. Representing yourself and Atomy on social media: The user must clearly present/disclose his/her full name and make a statement in a predominate place on the social media platform so as to be identified as an independent Atomy Distributor. The user shall not, through his/her involvement on social media platforms, hold out as representing the Atomy's views in any way. The user must bear in mind that he/she is speaking for himself/herself and not on behalf of Atomy.
5. Be authentic & honest: User should be aware of the effect their actions may have on their Business images, as well as Atomy’s image as the information that is posted or published may be public information for a long time. Thus, the content and information made available by the user shall be true and not misleading in any manner. Be sure that all content associated with you is consistent with Code of Ethics, Distributorship agreement, Policies and Procedure and Direct Selling Guidelines.
6. Promoting Atomy Business Opportunity: Atomy strictly prohibits users from engaging in any techniques for the purposes of customer acquisition or piquing random individuals with whom they have no personal, business, social or acquaintance relationship(s) with to present the Atomy Business Opportunity at any time. Prospecting customers (i.e. inviting friends or followers to contact you about Atomy’s business, products and services) is only permitted if your privacy settings have been set to a ‘closed social media environment’. For example, if your privacy settings have been set on Facebook to only allow friends to see your posts (rather than ‘friends of friends’ or ‘everyone’), you may invite them to contact you for more information about Atomy’s business, products and services.
7. Using brand images and logos: When participating in any social media platform, using Atomy India’s name, mark, logos or product images on social media is not allowed without prior permission from Atomy. You are permitted to share photos that Atomy has posted, on its own official social media profiles or website, it is highly recommended to validate the information before posting or sharing it with Atomy’s official social media accounts. A professional photograph of yourself is recommended for your profile picture on social media platform as it is always beneficial and important for people to see you in a professional context and would in turn add value to your Atomy business. In addition to this, social media paid advertising is allowed but will need to be approved prior to be listed on any social media platform by submitting a request to Atomy.
8. Be respectful: Always be fair and courteous to fellow associates (whether upline or downline), customers, members, suppliers or people who work on behalf of Atomy. Do not post any content or materials that are obscene, threatening, derogatory, disparaging and malicious or that infringe on or violate, in any way, any law or any right of any person or entity, or any other content that might in any way reflect poorly on yourself or Atomy.
9. Business and product claims: The user shall make sure that any Atomy business and product claims made on social media platform must be accurate and well-substantiated. It is recommended that you share only those business and product information that has been posted, provided or supplied by Atomy on official website or Atomy’s social media accounts. User shall not make any specific product, service, plan, hypothetical or financial earning claims on the social media platforms. Online material that you post must not contain any product, service or compensation-related information, unless shared directly from the Atomy websites, Atomy social media pages, or taken from printed Atomy literature and must be used exactly as printed or written. Atomy strictly prohibits and will not authorize marketing materials that do not adhere to Atomy’s policies, any content or information pertaining to Atomy or Atomy business which user wish to post or publish online must be reviewed and authorized by Atomy prior to being uploaded or shared in a social media environment.
Further, only Atomy shall post updates related to products/notices/meeting details and the like on all SNS platforms. Atomy recommends all its Distributors/Members/Leaders to connect with the company vide all SNS platforms formed by it for such updates. Also, all the Distributors/Members/Leaders shall confirm with Atomy on any update related to products/notices/meeting details and Atomy shall not be liable for any action or omission done on part of the Distributors/Members/Leaders.
10. Forming of social media groups: Atomy reserves the sole right to form social media groups on Social Networking Sites/platforms at any point of time. Further, Atomy reserves the right to delete or modify such groups at any point of time without giving any prior notice of the same.
11. Naming your Social Media Profiles: Users are strictly prohibited from using Atomy’s name, logos, mark or product name as a social media profile name or display picture. Atomy only permits and highly recommend being identified as an independent Atomy Distributor on every social media platform used by the user. Users may not use the name “ATOMY”, Atomy trade names, Atomy product names, or other intellectual property of Atomy (or any variations thereon) in domain names (URLs), the titles for any pages within websites (including, but not limited to, home pages), email address or as a name to any social media account.
12. Posting of Videos on YouTube: YouTube and other online video channel has become an important source of information sharing, the user must be cautious that only the correct business or product presentation are shared and any video made explaining business plan in a manner not as per official literature or by manipulating the plan are not permitted. User are also not permitted to twist fact and figures so as to entice or mislead people any such violation will be severely dealt with and may lead to termination of distributorship.
13. Examples of good practice when using social media:
14. Examples of potential breach:
15. Violations of this policy: Violation of this policy shall lead to appropriate actions as per the Company’s Code of Ethics and Principles, Direct Selling Agreement and Policies and Procedures laid down or updated by the Company from time to time. Any violation of this policy shall be reported by Members/Distributors/Leaders to atomy_in@atomypark.com with valid proofs. Further, Atomy shall keep the contact details of the complainant confidential.
16. Governing Law: The Social Media Policy only shall be governed under the laws of India and shall be under exclusive jurisdiction of Courts of Gurugram, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Social Media Terms of Use in India shall be venued non-exclusively in Gurugram. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
17. Changes to Social Media Policy: We reserve the right to update or revise these Social Media Policy, at any time and without prior notice, by posting the revised version on our websites or on the social media channels. Your use of any one of our social media channels following any such change constitutes your agreement to be bound by the revised Social Media Policy.
For more information If you have questions or need further guidance, please contact customer support centre on atomy_in@atomypark.com or call at 0124 6959 000.