The website www.atmalingmart.com (“Atmalingmart.com”) is operated by Atmaling Traders Private Limited (“Atmaling” or “Atmaling Mart” or “us” or “we” or “our”), having its registered office located at B-12 B Market, Shop No. 7, Sector 34, Noida-201307, Uttar Pradesh, India. Please read the Conditions of Use document carefully before using the Atmalingmart.com website. By using the Atmalingmart.com website, you signify your agreement to be bound by Atmaling Conditions of Use. Atmaling Traders Private Limited is the data controller of personal information collected and processed through Atmaling Mart Services. We also share information with third-party service providers. For example, we use third-party service providers to fulfil orders for products or services and to deliver packages. For any further details on our security practices please read our Privacy Notice. For any queries or issues relating to Atmalingmart.com, you can contact us by clicking https://atmalingmart.com/contact-us/

Conditions of Use

Conditions of Sale

Please read these conditions carefully before using the Atmalingmart.com website. By using the Atmalingmart.com website, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future Atmalingmart.com service (eg. Wish List or Marketplace) (“Atmaling Mart Service”), you will also be subject to the terms, guidelines, and, conditions applicable to that Atmaling Services. (“Terms”). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  • Conditions Relating to Your Use of Atmalingmart.com
  • Notice and Procedure for Making Claims of Infringement
  • Notice and Procedure for Notifying Atmalingmart.com of Objectionable Content

 

Conditions Relating to Your Use of Atmalingmart.com

 

  1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes.

  1. Privacy

Please review our Privacy Notice, which also governs your visit to Atmalingmart.com, to understand our practices. The personal information/data provided to us by you during the course of usage of Atmalingmart.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

  1. E-Platform for Communication

You agree, understand, and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location.

  1. Access to Atmalingmart.com

We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

  1. Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged, or impaired in any way. You understand that you, and not Atmalingmart.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam; or is patently false and untrue.
  • to cause annoyance, inconvenience, or needless anxiety
  1. Reviews, comments, communications, and other content

Users of this website may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event, a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Atmalingmart.com reserves the right (but not the obligation) to remove, refuse, delete, or edit any content that in the sole judgment of Atmalingmart.com violates these Conditions of use and, or terminate your permission to access or use this website.

  1. Claims against Objectionable Content

You can refer to the product detail page on Atmalingmart.com for checking any product details provided by the seller regarding the following:

  • the total price in a single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges, and the applicable tax, as applicable. These details are available on the invoice issued to you.
  • mandatory notices and information provided by applicable laws, and the expiry date of the goods being offered for sale, where applicable;
  • goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage.
  • importer and the guarantees related to the authenticity or genuineness of the imported products; and.
  • guarantees or warranties applicable to such goods.

Because Atmalingmart.com lists millions of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Atmalingmart.com operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue (” Objectionable Content “), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, Atmalingmart.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

  1. Copyright, authors’ rights, and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Atmaling Traders Private Limited, its affiliates, or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Atmaling Traders Private Limited and its affiliates and is protected by laws of India and international copyright and database rights laws. All software used on this website is the property of Atmaling Traders Services Private Limited, its affiliates, or its software suppliers and is protected by Indian and international copyright and author rights laws.

You may not systematically extract/ or re-utilize parts of the contents of the website without Atmaling Traders Private Limited and/or its affiliates (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Atmaling Traders Private Limited and/or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg.: prices and product listings) parts of this website without Atmaling Traders Private Limited and/or its affiliates (as may be applicable) express written consent.

  1. Intellectual Property Claims

Atmaling Traders Private Limited and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

  1. Trademarks

ATMALINGMART.COM, THE ATMALING LOGO, ATMALING.IN, ATMALINGGHARGHAR.IN and other marks indicated on our website are trademarks or registered trademarks of Atmalingmart.com, Inc. or its subsidiaries (collectively “Atmaling”), in the Indian jurisdictions. Atmalingmart.com’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Atmaling. Atmaling’s trademarks and trade dress may not be used in connection with any product or service that is not Atmaling’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Atmaling. All other trademarks not owned by Atmaling that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Atmaling Mart.

  1. Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations, or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title, or interest in the products sold through or displayed on the website vest with Atmaling nor shallAtmaling have any obligations or liabilities in respect of any transactions on the website.

  1. Indemnity and Release

You shall indemnify and hold harmless Atmaling Traders Private Limited, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Atmaling Traders Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver of any claims or demands that you may have in this behalf under any statute, contract or otherwise.

  1. Children

Use of Atmalingmart.com is available only to persons who can form a legally binding contract under the Indian Contract Act, of 1872. If you are a minor i.e. under the age of 18 years, you may use Atmalingmart.com only with the involvement of a parent or guardian.

  1. Communications

When you visit Atmalingmart.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

  1. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

  1. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

  1. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Noida.

  1. Our Details

This website is operated by Atmaling Traders Private Limited.

For the Atmalingmart.com website, you could contact us by visiting: https://atmalingmart.com/contact-us/

  1. Customer Complaint Details

The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.

 

 

Atmaling Software Terms

  1. Use of the Atmaling Software

You may use Atmaling Software solely for purposes of enabling you to use and enjoy the Atmaling Services as provided by (“We” or “Our” or “Us”, wherever applicable), and as permitted by the Conditions of Use, these Atmaling Software Terms, and any Terms. You may not incorporate any portion of the Atmaling Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Atmaling Software or otherwise assign any rights to the Atmaling Software in whole or in part. You may not use the Atmaling Software for any illegal purpose. We may cease providing any Atmaling Software and we may terminate your right to use any Atmaling Software at any time. Your rights to use the Atmaling Software will automatically terminate without notice from us if you fail to comply with any of these Atmaling Software Terms, the Conditions of Use, or any other Terms. Additional third-party terms contained within or distributed with certain Atmaling Software that are specifically identified in related documentation may apply to that Atmaling Software (or software incorporated with the Atmaling Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Atmaling Service is the property of Atmaling and/or its affiliates or its software suppliers and is protected by laws of India including but not limited to any other applicable copyright laws.

  1. Use of Third-Party Services

When you use the Atmaling Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

  1. No Reverse Engineering

You may not, and you will not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Atmaling Software, whether in whole or in part or create any derivative works from or of the Atmaling Software.

Updates

In order to keep the Atmaling Mart Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale (between Atmaling and the Customer)

Please read these conditions carefully before placing an order for any products on Atmalingmart.com (the website) (“We” or “Our” or “Us”, wherever applicable). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future Atmalingmart.com service (eg.: Wishlist), you will also be subject to the terms, guidelines and conditions applicable to that service (“Terms”). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

  1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

  1. Returns

All items purchased from Atmalingmart.com are non-returnable.

  1. Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise.

  1. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

  1. Children

Use of Atmalingmart.com is available only to persons who can form a legally binding contract under the Indian Contract Act, of 1872. If you are a minor i.e., under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

  1. Communications

When you visit Atmalingmart.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails, or phone calls from us with respect to your order.

  1. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

  1. Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

  1. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Noida.

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