Terms Of Use

THESE WEBSITE TERMS OF USE (“TERMS OF USE”) AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS OF ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE USE TERMS DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.

THESE TERMS OF USE ARE A LEGALLY BINDING DOCUMENT BETWEEN THE USER AND ATRP PRIVATE LIMITED (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR USING AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN THE USER AND ATRP PRIVATE LIMITED FOR THE USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED BY THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011, UNDER THE INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY, AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms of Use of the Website located at the URL www.atrp.co.in and mobile application under the name and style “ATRP Private Limited” (the Website) is between ATRP Private Limited (after this referred to as “ATRP Private Limited” or “We” or “Us” or “Our”). The guest users or registered users of the Website (after this referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which ATRP Private Limited offers You access to the Website and such other services as are incidental and ancillary to that (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION, OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use are available at https://www.atrp.co.in/terms-of-use, the Terms of Sale open at https://www.atrp.co.in/terms-of-sale, the Privacy Policy available at https://www.atrp.co.in/privacy-policy, the other policies of the Website available at www.atrp.co.in under “Our Policy” section or elsewhere on the Website, the Seller Agreement shall be available at sellers.atrp.co.in, in future (applicable if You are a seller of the products on the Website) and any other terms which may apply to specific Services (“Additional Service Terms”) together with all other notices, disclaimers, and guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

Suppose you are accessing the ATRP Private Limited mobile application or the Services through the ATRP Private Limited mobile application. In that case, while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Android’s play store, and Microsoft’s Store from time to time) which will govern the use of the mobile application. To the extent applicable, these additional terms must be incorporated in these Terms of Use by reference.

GENERAL:

ATRP Private Limited is a company incorporated under the laws of India, with its registered office at DG-695/1, Ward No 7, Sethan Mohalla, Kaithal – 136027 (HARYANA), India and having CIN U72300DL2007PTC168097. ATRP Private Limited is an intermediary in the form of an online marketplace and is limited to managing the Website to enable the sellers to exhibit, advertise, display, make available, and offer to sell the products and to enable the buyers to purchase the products so showed (“Products”), and other incidental Services to that (“Services”) including use of the Website by any User.

These Terms of Use are subject to revision by ATRP Private Limited at any time, and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You must regularly visit the Website to view the most current Terms of Use. Whenever updated on the Website, You can determine when ATRP Private Limited last modified any part of the agreement by referring to the “Last Updated” legend provided in that document. You shall be responsible for checking these Terms of Use periodically for changes. ATRP Private Limited may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. Your continued use of the Website and Services following such changes will constitute Your acceptance of those changes.

If there is any conflict:

Between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence but only to the extent of the competition;

between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence concerning that Service;

between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict;

between these Terms of Use and any other notices, disclaimers, or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

Services

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that:

Provides a platform for Users (who are sellers) to advertise, exhibit, make available, and offer to sell various Products to other Users (who are buyers/customers), and

A platform for such other Users to accept the offer to sell the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and

Services to facilitate the engagement of buyers and sellers to under commerce on the Website, and

Such other services are incidental and ancillary to it. The coupons and vouchers obtained by the customers can be redeemed.

Eligibility

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the ATRP Private Limited system by ATRP Private Limited for any reason whatsoever. Any user disqualified per the preceding sentence shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the preceding, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case, these Terms of Use shall be deemed between ATRP Private Limited and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

ATRP Private Limited reserves the right to refuse access to the Services offered at the Website to new Users or terminate access granted to existing Users at any time without any reason.

You shall have up to one active account (defined hereunder) on the Website. You can not sell, trade, or transfer your account to another person.

User Account And Security

You may access and use the Website and Services as a registered user or guest user. However, not all sections of the Website and Services will be accessible to guest users.

Registered users:

ATRP Private Limited makes certain sections of the Services available to You through the Website only if You have provided ATRP Private Limited certain required User information and created an account and an ATRP Private Limited ID through an individual log-in ID and password (“Account”). You can create Your Account on the Website by logging in with Your third-party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website or any other Internet service as permitted on the Website (ATRP Private Limited ID or other third parties log-in identification as provided above are individually and collectively referred to the “Account Information”).

Register as a User by creating an Account to avail of the website services. You will be responsible for maintaining the confidentiality and security of the Account Information and entirely responsible for all activities under Your Account. You agree to (a) immediately notify ATRP Private Limited of any unauthorized use of Your Account Information or any other breach of security and (b) ensure that You exit from Your Account at the end of each session. ATRP Private Limited cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You are responsible for losses incurred by ATRP Private Limited or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account due to Your failure to keep Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate, and up-to-date. Using another user’s Account Information to avail of the Services is prohibited.

If You provide any information that is untrue, inaccurate, not current, or incomplete (or becomes false, inaccurate, not current, or incomplete), or ATRP Private Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ATRP Private Limited has the right to suspend or terminate Your Account and refuse any existing or future use of the Website / Services (or any portion thereof).

Guest users: The Website also allows limited access to the Services for unregistered Users (also called ‘guest users’). Such users can browse the Website and use the Services to purchase goods and place orders. However, You will not have access to certain benefits reserved only for registered users. These benefits may change from time to time.

Depending upon whether You are a seller or a buyer, or another user who otherwise wishes to use the Website, and the nature of the Services You want to avail from the Website, You may be required to provide certain personal information and ATRP Private Limited may collect certain personal information. Your provision of, and ATRP Private Limited’s collection, storage, use, disclosure, and otherwise dealing of such personal data have by ATRP Private Limited’s privacy policy, available at https://www.atrp.co.in/privacy-policy (“Privacy Policy”).

Payment Processing

ATRP Private Limited does not levy any fee for browsing the Website or buying the Products on the Website. ATRP Private Limited may charge Users specific fees for s the use of the Website and Services as whole or certain features of the Website / Services. You agree to pay any such fees as may apply to your services. ATRP Private Limited will ensure that You are made aware of the applicability of any costs for a particular use of the Website / Services and the fees you pay for any such use of the Website / Service. You agree that ATRP Private Limited may, at any time, charge, modify, or waive fees required to use the Website. Your continued use of the Website / Services after such change in the costs will be considered acceptance of and the applicability of these Terms of Use to such changes.

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway, pre-paid payment instrument account details, net banking, or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e., in any transaction; You must use Your credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information you provide will not be utilized or shared with any third party unless required about fraud verifications by law, regulation, court order, or the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details, pre-paid instrument account, net banking details, or UPI ID. ATRP Private Limited disclaims all liabilities arising from the unauthorized use of Your credit/ debit card or pre-paid instrument account.

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e., in any transaction; You must use Your credit/debit card or pre-paid instrument account. The information you provide will not be utilized or shared with any third party unless required for fraud verifications, by law, regulation, court order, or by the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. ATRP Private Limited disclaims all liabilities arising from the unauthorized use of Your credit/ debit card or pre-paid instrument account.

ATRP Private Limited may have existing arrangements with its banks regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) during a single transaction. ATRP Private Limited will ensure you know such limits if they apply to You. However, ATRP Private Limited shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction on account of You/cardholder having exceeded the preset limit mutually agreed by ATRP Private Limited with its bank from time to time.

For Your making payments for buying the Products on the Website, in addition to the agreement (s), the terms and conditions of Your bank, applicable financial institution, and card issuing association may also apply to You. Your bank, financial institution, or card issuing association may decline or prevent You from making electronic payments for buying the Products on the Website, and ATRP Private Limited does not control the same and shall be liable for the same.

Payment Facility for Your orders:

ATRP Private Limited may, from time to time, contract with third-party payment service providers, including banks, to open nodal bank accounts under applicable Indian laws to facilitate the payment between Users, i.e., buyers and sellers and for collection of ATRP Private Limited’s fees and other charges. These third-party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers, or through any facility as may be authorized by the Reserve Bank of India for collection, refund, and remittance, as the case may be of payment or supporting the same in any manner. ATRP Private Limited shall remit the gains made by You for Your purchase orders on the Website after the Products. The completion of the transaction shall be after the delivery of the Products to You and other additional time as may be agreed between ATRP Private Limited and the sellers.

Use Of Content

Except as expressly indicated to the contrary in any applicable Additional Service Terms, ATRP Private Limited now grants You a non-exclusive, revocable, and non-transferable right to view, download and print product catalogs available on the Website, subject to the following conditions:

You may access and use the product catalogs solely for personal, informational, and internal purposes following these Terms of Use;

You may not modify or alter product catalogs available on the Website;

You may not distribute or sell, rent, lease, license, or otherwise make the product catalogs available on the Website available to others; and

You may not remove any text, copyright, or other proprietary notices in the product catalogs on the Website.

The rights granted to You in the product catalogs or any other materials as specified above do not apply to the design, layout, or look and feel of the Website. Intellectual property rights protect such elements of the Website and may not be copied or imitated in whole or part.

Any software available on the Website is the property of ATRP Private Limited or its vendors. You may not use, download or install any software available on the Website unless otherwise expressly permitted by the agreement or by the express written permission of ATRP Private Limited.

Third-party content

General third-party information such as product catalogs, product descriptions and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images, and photographs of the products, links to third-party websites, and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is believed to be reliable or provided by the sellers in advertising, exhibiting, and offering to sell the Products on the Website. All Third Party Content is provided on an ‘As Is basis. ATRP Private Limited may not own/have the rights and title to any such Third Party Content or offer any guarantee for the accuracy, title, merchantability, non-infringement, or fitness for a particular purpose of any Third Party Content. ATRP Private Limited shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

If any Third Party Content contains links to third-party websites, and You visit any such external link, You agree to do so at your own risk, responsibility, and liability. ATRP Private Limited makes no warranty or representation regarding and does not endorse, any website linked to the Website / Services, the information appearing thereon, or any of the products or services described later.

Terms

The agreement will continue to apply until terminated by either You or ATRP Private Limited, as set forth below. If You want to terminate Your agreement with ATRP Private Limited, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where ATRP Private Limited has made this option available to You.

You agree that ATRP Private Limited may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if ATRP Private Limited determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the agreement (s) will cause irreparable harm to ATRP Private Limited, for which monetary damages may be inadequate, and You consent to ATRP Private Limited obtaining any injunctive or equitable relief that ATRP Private Limited deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ATRP Private Limited may have at law or in equity.

In addition to Clause above, ATRP Private Limited may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

ATRP Private Limited is required to do so by law (for example, where the provision of the Services to You is or becomes, unlawful) or upon request by any law enforcement or other government agencies;

The provision of the Services to You by ATRP Private Limited is, in ATRP Private Limited’s opinion, no longer commercially viable;

ATRP Private Limited has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

In the event ATRP Private Limited faces any unexpected technical issues or problems that prevent the Website and Services from working.

ATRP Private Limited may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be outlined in any Additional Terms applicable to a particular Service, termination of Your Account may include

removal of access to all offerings within the Website or for the Services;
disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files, and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and
We are prohibiting further use of the Services.

You agreed that all the terminations should be at ATRP Private Limited’s sole discretion and that ATRP Private Limited shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information) or Your access to the Website and Services.

Notwithstanding the preceding, these terms of this agreement, as are meant to survive termination/expiry of this agreement, will survive indefinitely unless and until ATRP Private Limited chooses to terminate them. ATRP Private Limited may inform the sellers who have accepted Your purchase orders on the Website that sellers may cancel the purchase order. ATRP Private Limited may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.

Laws And Jurisdiction

These Terms of Use and all transactions entered into on or through the Website, and the relationship between You and ATRP Private Limited shall be under the laws of India without reference to conflict of laws principles.

You agree that all claims, differences, and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the agreement (s), or any transactions entered into on or through the Website or the relationship between You and ATRP Private Limited shall be subject to the exclusive jurisdiction of the courts at Kaithal (Haryana), India and You at this moment accede to and accept the jurisdiction of such courts. Each party at this moment irrevocably waives any objection such party may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any Service of process and any further notice in any such case, action, or proceeding concerning this agreement shall be effective against a party if provided herein.

General Provisions

Notice: All notices concerning these Terms of Use from ATRP Private Limited will be served to You by email or general notification on the Website. Any information provided to ATRP Private Limited according to these Terms of Use should be sent to Grievance Officer at grievanceofficer@atrp.co.in.

Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio. ATRP Private Limited’s rights and obligations under the agreement are freely assignable or otherwise transferable by ATRP Private Limited to any third parties without the requirement of seeking Your prior consent. ATRP Private Limited may inform You of such assignment or transfer by the notice requirements under the agreement. ATRP Private Limited shall have the right to transfer Your Account and Account Information to a third party who purchases ATRP Private Limited’s business as conducted under the Website.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the agreement, or portion thereof, to be unenforceable to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the agreement shall continue in full force and effect. ATRP Private Limited may amend such in a reasonable manner such provision to make it enforceable, and the amendment terms of these Terms of Use will give such amendment effect.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use, in law, or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal-to-Principal Relationship: You and ATRP Private Limited are independent contractors, and nothing in these Terms of Use will create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and ATRP Private Limited. ATRP Private Limited shall not have any right to conclude any contract for the sale or purchase of Products for and on Your behalf, and both You and ATRP Private Limited have entered this agreement on a principal-to-principal basis.

Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by ATRP Private Limited is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause, which are beyond the reasonable control of ATRP Private Limited or its third parties performing such services as sub-contractor to ATRP Private Limited and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then ATRP Private Limited shall be excused from such performance to the extent of and during the period of such Force Majeure Event. ATRP Private Limited shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made there under, the Grievance Officer of ATRP Private Limited for this agreement shall be Mr. Tapan Arya with email address: contact@atrp.co.in. ATRP Private Limited may change the details described above from time to time under intimation to You.