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.

• In order to establish a respectful business culture and to ensure fair and honest business activities among Direct Sellers, Atomy Enterprise India Pvt. Ltd. hereinafter referred to as “Atomy, sets forth the Atomy Code of Ethics and principles, and hereby requests all Direct Sellers to follow through accordingly.
• All Direct Sellers are subject to compliance of the Atomy’s Code of Ethics and Principles. This is an inevitable process to prevent any unwanted disadvantages, and to encourage long-term growth of business based on mutual trust and respect between Direct Sellers. Hence, there will be strict enforcement of various penalties in violation of the following Atomy’s Code of Ethics and Principles, depending on severity of breach.

2. Definitions: -

I. “Direct Seller” means a person appointed or authorized, directly or indirectly, by a Direct Selling Entity through a legally enforceable written contract to undertake Direct Selling Business on principal to principal basis.
II. “Direct Selling Entity”, refers to Atomy Enterprise India Pvt. Ltd. (hereinafter referred to as “Atomy”), a company registered under Companies Act 2013, CIN No U74999DL2019FTC346490, which is not engaged in a pyramid scheme and which sells or offers to sell goods or services through a direct seller. Provided that “Direct Selling Entity” does not include any entity or business notified otherwise by the Government for the said purpose from time to time.
III. “Goods” means goods as defined in the Sale of Goods Act, 1930 and “Service” means service as defined in the Consumer Protection Act, 1986;
IV. “Saleable” shall mean, with respect to goods and / or services, unopened, unused, marketable, which has not expired, and which is not seasonal, discontinued or special promotion goods and / or services
V. “Cooling-off Period” means a period of 30 days commencing from the date when the Direct Seller and Atomy enter into an agreement within which the Direct Seller may repudiate the agreement without being subject to penalty for breach of contract;
VI. Commissions means monetary and non-monetary benefits paid in cash or kind as per the scheme of compensation formulated by the company and as displayed on the website time to time and includes bonus, incentives and such other similar benefits by whatever name called.
VII. Auto Sales Masters means Direct Seller who has achieved Sales Mastership title at least six times in a period of Calendar Year. (Jan to Dec)
VIII. Sales Master means Direct Seller who has achieved a sales level as per the criteria specified in the Atomy Compensation plan as amended from time to time and as displayed on the website of Atomy
IX. Termination means discontinuation of Direct Seller Agreement which is system generated and occurs upon non fulfillment of Purchase Criterion for a period of one year since the contract was entered or since the date of last purchase made by Direct Seller
X. Couple means legally married spouses as per applicable laws in force.

3. Conditions to become an Atomy Direct Seller: -

I. In order to be considered as an Atomy Direct seller, an individual or business entity must, in his/her/its own name, submit application and agreement copy through website after PAN verification has been completed online. The complete set of documents including supporting documents can be submitted online or offline depending upon the type and nature of Direct Seller. 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 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
II. Atomy Direct Seller must,
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.
III. Acceptance or rejection of application: Atomy reserves the right to accept or reject any Direct Seller application to become a Direct Seller without assigning any reasons or explanations whatsoever
IV. Once application is accepted, a Direct Seller is entitled to order product(s) from Atomy’s website under the tab “Shopping Mall”. It is to be noted that no purchase of goods is required to become a Direct Seller or Distributor
V. Atomy Direct Seller shall not misrepresent actual or potential sales, earnings or advantages of Direct Selling to any prospective direct seller and shall not ask for
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
VI. A Direct Seller shall continue to remain a Direct Seller for Atomy unless terminated as per Clause number 20 of this Code of Ethics and Principles

4. Duties of Direct Seller: -

I. Direct Seller engaged in Direct Selling should carry their identity card and not visit the customers premises without prior appointment/approval;
II. At the initiation of a sales representation, without request, truthfully and clearly identify themselves, the identity of the Atomy, the nature of the goods or services sold and the purpose of the solicitation to the prospective consumer,
III. Offer a prospective consumer accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales service;
IV. Provide the following information to the prospect / consumers at the time of sale, namely: Name, address, registration number or enrollment number, identity proof and telephone number of the direct seller and details of Atomy;
V. A description of the goods or services to be supplied,
VI. Explain to the consumer about the goods Return Policy of Atomy in the details before the transaction,
VII. The Order date, the total amount to be paid by the consumer along with the bill and receipt,
VIII. Time and place for inspection of the sample and delivery of good,
IX. Information of his/her rights to cancel the order and / or to return the product in saleable condition and avail full refund on sums paid.
X. Details regarding the complaint redressal mechanism,
XI. A direct seller shall keep proper book of accounts stating the details of the products, price, tax and the quantity and such other details in respect of the goods sold by him/her, in such form as per applicable law,
XII. A Direct Seller shall not:
1. a. Use misleading, false, deceptive, and / or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings and advantages of Direct Selling to any prospective direct seller, in their interaction with prospective direct sellers,
2. b. Make any factual representation to a prospective direct seller that cannot be verified or make any promise that cannot be fulfilled,
3. c. Present any advantages of Direct Selling to any prospective direct seller in a false and / or a deceptive manner,
4. d. Knowingly make, omit, engage, manipulate, or cause, or permit to be made, any representation relating to the Direct Selling operation, including remuneration system and agreement between the Atomy and the Direct Seller, or the goods and / or services being sold by such direct seller which is false and / or misleading,
5. e. Require or encourage direct sellers recruited by the first mentioned direct seller to purchase goods and / or services in unreasonably large amounts,
6. f. Provide any literature and / or training material not restricted to collateral issued by Atomy, to a prospective and / or existing direct seller both within and outside the parent Direct Selling entity, which has not been approved by the parent Direct Selling entity,
7. g. Require prospective or existing direct sellers to purchase any literature or training materials or sales demonstration equipment,
XIII. A Direct Seller is required to provide correct, complete and accurate details to Atomy so that his activities can be monitored and supervised in such a way so as to ensure compliance of the guidelines for direct selling and also to enable Atomy to share the said details with the central or/and state government, local authorities, government department as an when required.
XIV. It shall be the duty of Direct Seller to comply with direct selling guidelines and such other applicable laws as may be notified from time to time. Further the direct seller gives his/her/its explicit consent to Atomy that the details of its activities, business details and such other details shall be provided to central or/and state government, local authorities, government department as an when required.
XV. Direct Seller must abide by 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.

5. Rights and duties of Atomy: - Atomy is/shall be:

• the owner, holder, licensee of the trademark, service mark or any other identification mark which identifies Atomy with the goods to be sold or supplied or services to be rendered; This clause is to be read in conjunction with the clause on Intellectual Property under Website-Terms of Use.
• issue proper identity document(s) to its Direct Sellers which can be downloaded from the website by following the link www.atomy.com/in and shall contain details such as Atomy distributor number (ADN), Name, Date of Issue of ID card and such other details as may be decided by Atomy from time to time
• maintain proper records either manual or electronic of its business dealings, with complete details of their goods, services, terms of contract, price, income plan, details of direct sellers, including but not limited to enrolment, termination, active status, earning etc;
• maintain a “Register of Direct Sellers” wherein relevant details of each enrolled Direct Seller shall be updated and maintained. The details of Direct Sellers shall include and not be limited to proof of address, proof of identity and PAN.
• maintain proper and updated website with all relevant details of Atomy, contact information, its management, products, product information, product quality certificate, price, complete income plan, terms of contract with direct seller and complaint redressal mechanism for direct sellers and consumers. The website has space for registering consumer complaints and the grievances shall be addressed as per Atomy Policies and Procedures formulated and updated from time to time on the Website in this regard by Atomy.
• provide to all direct sellers their periodic account / information concerning, as applicable, sales, purchases, details of earnings, commissions, bonus and other relevant data, in accordance with agreement with Atomy. Such details can be accessed any time by the direct sellers by visiting website under the tab “MY OFFICE”. All financial dues shall be paid and any withholding made as per the prescribed laws in force in a commercially reasonable manner.
• monitor the value of the purchases of all its Direct Sellers on a monthly basis and once the purchase value crosses the GST threshold, it shall intimate the Direct Seller to pay the GST. It shall be the duty of Direct Seller to ensure that compliance with relevant GST laws takes place upon receipt of such intimation from Atomy. Atomy reserves the right to terminate the Agreement of Direct Seller in case it is found that the Direct Seller is carrying out its business activities in violation of the relevant GST laws.
• be responsible for compliance of the direct sales guidelines by any Direct Seller of its network of direct selling, whether such Direct Seller is appointed directly or indirectly by Atomy.
• be required to provide correct, complete and accurate details, including those of the Direct Sellers to central or/and state government, local authorities, government department as an when required so that its activities can be monitored and supervised in such a way so as to ensure compliance of the guidelines for direct selling and/or applicable laws of the country.
• comply with direct selling guidelines and such other applicable laws as may be notified from time to time. Further, Atomy shall also provide the details of its activities, business details and such other details to central or/and state government, local authorities, government department as an when required.
• monitor and control the practices/methods adopted by the Direct Sellers

6. Relationship between Atomy & Direct seller

• The relationship between Atomy and Direct Seller shall be determined as per the written agreement between parties, Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures which shall contain the rights and obligations that are expressly provided as conditions for the conduct of Direct Selling business as well as provide for the obligation of the direct selling entity and the direct seller in terms of said documents.
• All other rights and obligations shall be determined as per the express terms of written agreement, Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures between Atomy and Direct Seller.
• Atomy will be liable for grievances arising out of sale of products, services or business opportunities by its Direct Sellers.
• It will be the responsibility of the Atomy to monitor and control the practices/methods adopted by the Direct Sellers.
• The Direct Seller agrees that he/she/it shall act as an independent contractor and shall not be an employee, partner, legal representative, franchisee or Joint Venture of Atomy.
• Direct Seller has no power or authority to incur any debt, obligation or liability on behalf of Atomy.
• The Direct Seller shall act as a self-employed independent contractor and will be operating his / her own business, making individual decisions, buying and selling products available through Atomy in his / her own account. Atomy shall bear no legal responsibility for the actions taken by Direct Sellers. Furthermore, Atomy and Direct Seller acknowledge that the Direct Seller is not an employee of Atomy and will not be treated as an employee with respect to his / her/its Agreement for any purpose whatsoever.
• Direct Seller will be responsible for payment of any self-employment, business and distributorship expenses and applicable income taxes, GST or any other taxes, levies, surcharges. Direct Seller shall be able to view his/her/its commission totals reflecting the amount of income paid during the Financial year by Atomy under the tab MY OFFICE. It will be Direct Seller’s sole responsibility to account for such income in his / her/its income tax returns.

7. Rules governing Distributorship of Couple

I. The registration of couple (legal couples) shall be divided into primary applicant and secondary applicant, and registration and withdrawal procedures are the same as other individual Atomy Distributors. (However, if the primary applicant withdraws, the secondary applicant is automatically withdrawn.)
II. Individuals who are legally married as husband and wife shall join Atomy under one Atomy Distributor Number (ADN), and each person may choose to be either primary or a secondary applicant for distributorship. If primary applicant resigns from Atomy, secondary applicant will be terminated automatically.
III. Commissions shall be disbursed to only the primary applicant, and all tax related responsibilities, including reporting and payment of income tax, GST, levies, Surcharge and other applicable taxes shall lie with the primary applicant.
IV. Primary applicant and secondary applicant shall be considered as mastership holders, only if they are registered as a couple. This Includes right to participate in Atomy Leaders Club and Promotion Ceremonies.
V. Husband with more than one legal wife can elect only one wife for the husband and wife partnership, subject to the applicable law in force. Other remaining wives who wish to be a Direct Seller must be sponsored under this husband / wife partnership.
VI. If and when two Direct Sellers become legally married couple, each may keep their Distributorship only if both are at masterships of Auto Sales Masters or above before the marriage. Otherwise, both shall operate under one ADN to be decided and communicated by them to Atomy within 60 days from date of marriage.
VII. Once it is found out that husband and wife are operating under different Atomy Distributor Number (ADN) and in violation of these rules, duplicate distributorship shall be subject to disciplinary action.
VIII. Application for or changes regarding Couple must be submitted using one's legal name, and all information submitted must be true.
IX. If couple Direct Sellers (who hold masterships of auto sales master or above) are registered under two different ADNs (duplicate registration) with the recent account registered within a year, commission of both IDs shall be subject to scrutiny for a minimum period of one month to maximum 3 months or in case it exceeds one year in registration, commission of both IDs shall be subject to scrutiny for a minimum period of 3 months to maximum 12 months. The latter Atomy Distributor Number (ADN) may be terminated and/or commission be withheld as per the decision of Atomy on a case to case basis having regard to the bonafides of each case.
X. For duplicate couple Direct Sellers with masterships below the Auto Sales Master level, Direct Sellers shall be subject to warning and termination of the latter ID. Decision of company shall be final in this regard and shall depend on merits of each case.
XI. XI. Any changes to the couple registration shall be made by downloading an application form in this regard which is available under tab resources or can be obtained from Customer Support Centre by calling. The said application form complete in all respects shall be sent through registered email to atomy_in@atomypark.com or by post to Atomy at the following address

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

I. If Direct Seller is automatically terminated for any reason, applicant can register from the next day of withdrawal subject to terms and conditions and exceptions mentioned elsewhere in this document.
II. Certain applicants can only apply to register again as a Direct Seller as per the conditions given below
• Sales Master can re-register only if he / she/it does not carry on any activity for a period of one year from the date of automatic withdrawal, and Diamond Master or above can re-register only if he / she/it meets requirements of two years of no activity from the date of automatic withdrawal.
III. If the withdrawn Direct Seller does not comply with the period of inactivity as described above, Atomy will be compelled to re-allot ADN previously allotted and / or extend the period of inactivity.
IV. The term "Inactivity period" means the period of time after which a person withdraws from his activities without any activity related to the following business.
a. Conducting sales activities in violation of written agreement, Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures.
b. Any activity that participates in education, promotion, sales and support (or sponsorship) activities related to Atomy Business
c. Any kind of direct or indirect participation in Atomy seminars, sale or purchase of Atomy products, solicitation of prospective Direct Sellers of Atomy, association with any Education Centre.
d. Purchase of products for the purpose of business

9. Change of Direct Seller Name Changing the Direct Seller name is not possible in principle, except in the following cases.

I. Inheritance from death: In case of inheritance, follow the inheritance procedure described in Atomy’s Code of Ethics and Principles. The Direct Seller hereby accepts and agrees to abide by the related laws applicable to inheritance. Requests shall be made by downloading an application form in this regard which is available under the tab MY OFFICE >>Support>>Resources or can be obtained from Customer Support Centre by calling. The said application form to be completed in all respects along with proof of change shall be sent through registered email to atomy_in@atomypark.com or by post to Atomy at the following address Atomy Enterprise India Pvt. Ltd., 8th Floor, 801 and 802, Magnum Towers 2, Sector 58, Golf Course Ext Road, Gurugram, Haryana, 122011
II. Incase such name has been changed by following the due process of law in force, requests shall be made by downloading an application form in this regard which is available under the tab MY OFFICE >>Support>>Resources or can be obtained from Customer Support Center by calling. The said application form completed in all respects along with proof of change shall be sent through registered email to atomy_in@atomypark.com or by post to Atomy at the following address Atomy Enterprise India Pvt. Ltd., 8th Floor, 801 and 802, Magnum Towers 2, Sector 58, Golf Course Ext Road, Gurugram, Haryana, 122011
III. In case of business entity change of name is allowed subject to production of documents issued by the appropriate government authority. Requests shall be made by downloading an application form in this regard which is available under tab MY OFFICE >>Support>>Resources or can be obtained from Customer Support Center by calling. The said application form completed in all respects along with proof of change shall be sent through registered email to atomy_in@atomypark.com or by post to Atomy at the following address Atomy Enterprise India Pvt. Ltd., 8th Floor, 801 and 802, Magnum Towers 2, Sector 58, Golf Course Ext Road, Gurugram, Haryana, 122011

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

I. Line change request can only be placed within 5 working days of registration.
II. Line change under the new sponsor shall be accepted only if new sponsor is registered prior to Distributor requesting such line change.
III. From the date of registration till the date of approval for such line change has been granted, there should not be any purchases by the requesting distributor from his/her/its ADN.
IV. There should not be any downline Direct Seller of such requesting distributor till the date of approval of such application
V. It will take minimum 5 working days to complete Line Change procedure.
VI. No Direct Sellers should be added until the Line change procedure is completed.

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

I. Inheritance: Upon the death of a Direct Seller, the Direct Seller’s rights and interests may be passed on to their legal heirs, subject to fulfillment of criteria specified to become a Distributor and by giving consent to the terms and conditions of written agreement, Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures. Any requests shall be made by downloading an application form in this regard which is available under tab resources or can be obtained from Customer Support Centre by calling. The said application form complete in all respects shall be sent through registered email to atomy_in@atomypark.com or by post to Atomy at the following address
Atomy Enterprise India Pvt. Ltd., 8th Floor, 801 and 802, Magnum Towers 2, Sector 58, Golf Course Ext Road, Gurugram, Haryana, 122011
II. Business Entity: Where a Distributor is a business entity, and that business entity’s sole owner dies, and unless adjudicated otherwise by a court, the Distributorship of the business entity shall be transferred to the heir(s) lawfully entitled to the interest in the business entity. In all other cases the distributorship shall remain with the business entity through its beneficial owner. In all cases Atomy reserves the rights to scrutinize the application intimating such change and refuse approval. Further, Atomy can in its sole and absolute discretion may terminate the distributorship.
III. Divorce of legal couple
a. In principle, in case of divorce, the distributorship shall be granted to the primary applicant as a registered. However, in case the distributorship is to be granted to registered secondary applicant, a mutual agreement must be prepared and company must be notified. In all cases Atomy reserves the rights to scrutinize the application intimating such change and refuse approval. Further, Atomy can in its sole and absolute discretion may terminate the distributorship.
b. During pendency of divorce mutual agreement must be prepared and company must be notified of the person in whose name the distributorship is to be carried out. The mutual agreement along with consent/NOC of the other person who is relinquishing his/her right in such distributorship must be sent to Atomy at the following address
c. Atomy Enterprise India Pvt. Ltd., 8th Floor, 801 and 802, Magnum Towers 2, Sector 58, Golf Course Ext Road, Gurugram, Haryana, 122011
IV. Transfer or Sale of Distributorship
Any transfer or Sale of Distributorship is strictly prohibited subject to terms and conditions and exceptions mentioned in this document. Any sale transfer or assignment of partial or complete interest, right, title strictly prohibited subject to terms and conditions and exceptions mentioned in this document.

13. Atomy Compensation Plan: -

I. Eligibility
Distributor is eligible to be paid Commissions and granted rewards pursuant to the currently published Atomy Compensation Plan and if he/she/it is not in breach of the Agreement, Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures and has otherwise complied with the requirements. Commissions and bonuses are paid ONLY on the sales of Atomy’s Products. No bonuses are paid on the purchases of any sales and marketing material like brochure and catalogues, or the recruitment of Distributors.;
II. No Earning Guarantee
It is hereby clarified that the Direct Sellers are neither guaranteed a specific income nor assured any level of profit or success. His/her/its profit and success can come only through the successful sales, use, and consumption of products and the activities of other Direct Sellers in their downline
III. Payment
• Atomy shall make payment of commission, bonus and incentives to the bank account, details of which have been provided by the direct seller at the time of commission generation. Upon being found eligible for receipt of commission, Atomy shall send an intimation to the direct seller informing him/her/it of his/her/its entitlement to receive commission. Upon receipt of such information Direct Seller needs to update bank details on the website by filling in the requisite fields. Atomy will verify bank details through penny drop and same amount will be deducted from his first commission. It is to be noted that the bank details mentioned must be of the direct seller only. In case it is found that incorrect bank details have been furnished Atomy shall immediately terminate the Agreement of such Direct Sellers. Additionally, any commission that may have been received by the Direct Seller in another person’s account as a result of provision of incorrect bank details shall be immediately refunded by him/her/it by way of an account Payee Cheque drawn in favour of Atomy Enterprise India Pvt. Ltd.
• Atomy pays Commissions as per the timelines mentioned in the Atomy Compensation Plan. Mastership Promotions, incentives and Education Commission will be paid within the period stated in the Atomy Compensation Plan subject to fulfilment of criteria mentioned therein and as updated from time to time.
• Without prejudice to Atomy’s right of termination, Atomy reserves right to suspend or revoke payment if a Distributor is in breach of any term or condition of the Agreement, Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures. Atomy may also debit the Distributor’s account or withhold payable Commissions if money is owed.
IV. Adjustments of Commissions
When a Product is returned to Atomy for a refund, the Commissions, Mastership Promotions, Incentives and Education Commission attributable to the returned Product(s) will be deducted from the next eligible commission, and thereafter from all such eligible subsequent commissions until the Commission and/or Bonus is recovered from the Direct Seller who received Commissions, Mastership Promotions, incentives and Education Commission on the sales of the refunded products.
V. Clarification regarding payment and calculations
If a Direct Seller wishes to seek clarifications regarding payment and calculations of his Commissions, Mastership Promotions, Incentives and Education Commission, he/she/it must intimate Atomy by sending email at atomy_in@atomypark.com or in writing to Atomy’s corporate office at 801- 802, 8th Floor, Magnum Towers,Sector-58, Golf Course Ext. Road,Gurgaon-122 011, Haryana, India within ten (10) days of the date of the purported error or incident in question. Atomy will not be responsible for any errors, omissions, or problems not reported within ten (10) days.
VI. Atomy may charge a processing fee for additional services requested if any by the Direct Seller. Atomy shall inform beforehand details of such processing fees.

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:

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 Distributor 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:

a. not register or seek to register any of the Intellectual Property without the prior written consent of Atomy;
b. not cause any of the Intellectual Property to be prejudicially affected or contested;
c. not use the Intellectual Property without the prior express written authority of Atomy & in terms of the Agreement between the Distributor & Atomy;
d. not make any alterations to the Intellectual Property;
e. not use the Atomy brand name or any derivative of the words comprising the Atomy brand name, in the Distributor’s business, or personal domain names;
f. stop using the Intellectual Property upon the termination of this Agreement or Distributorship or at the immediate request of Atomy;
g. not modify the design, appearance and attributed of any products or services, packaging, promotion or marketing materials;
h. 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.
i. 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.
j. 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.

15. Catalogue/brochure/any other supporting material

• Purchasing catalogs/brochure is optional and voluntary
• No Direct Seller is allowed to publish his/her/its own Catalogue /brochure/any training materials/videos in soft or hard format without taking approval from Atomy. Upon finding any such incident Atomy reserves rights to terminate Direct seller’s agreement without prior notice.
• No direct seller is allowed to prepare and publish Atomy related information on social networking sites without taking approval from Atomy.
• Atomy printed material is sole property of Atomy and may not be reproduced in whole or in part by Direct Sellers or other persons except by prior written permission from Atomy.
• Atomy products and/or brochures are restricted for display only inside the business premises and all care must be taken to ensure that such products and/or brochures are not visible from outside to the general public.
• Atomy forbids sale of Atomy products through personal websites (bidding sites, blog, homepage, café, etc.) and/or internet shopping malls and other portal sites. It is also illegal to use Atomy logo and/or name on personal websites or business tools/materials without the Atomy’s consent.

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

• Atomy has in place an effective, efficient and efficacious Grievance redressal policy and which is maintained under Atomy Policies and Procedures
• Atomy will be liable for grievances arising out of sale of products, services or business opportunity by its Direct Sellers;
• All complaints received over phone, email, website, post and walk-in shall have a complaint number for tracing and tracking the complaint and record time taken for redressal;
• Direct Sellers are advised to refer the detailed Grievance redressal policy under Atomy Policies and Procedures containing the method and process of registering, tracing, tracking, checking and resolution of all complaints
• Attention of Direct Seller is also drawn towards the provision of state government portal and mediation centers in the district and the state that had been mentioned at the time of registration on Atomy Website.

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:

• Atomy may terminate this agreement forthwith in case:
i. For reasons specified elsewhere in this Code of Ethics and principles
ii. For the breach of Direct Selling guidelines published by the Government of India or any State Government;
iii. Due to misrepresentation by the Direct Seller to any consumer or prospective Direct Seller; or
iv. Due to legal, regulatory or other developments that require material operational changes within the Territory, in which case Atomy may, if regulatory conditions allow, endeavor to restructure the contractual relationship with the Direct Seller on such terms and conditions as are then practical and legally permissible.
v. Promote or sell products or businesses of other multi-level companies or similar multi-level companies (including multi-stage door-to-door sales and sponsored door-to-door sales) to Direct Sellers of our company,
• Atomy may amend documents from time to time comprising the Atomy’s Code of Ethics and Principles, Atomy Compensation Plan, Atomy Policies and Procedures. If the Direct Seller does not agree to be bound by such amendment(s), he/she/it may terminate the Direct Seller agreement with immediate effect by giving a written notice to Atomy. Otherwise, the Direct Seller continued relationship with Atomy constitutes an affirmative acknowledgment by the Distributor of the amendment(s), and his/her/its agreement to be bound by the same.
• Atomy reserves right to rejoining of terminated Direct Sellers in all cases
• In case a Direct seller has terminated his agreement then he/she/it can rejoin after one year (12 months)

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:

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:

i. The services on the Website are provided on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
ii. Nothing contained on this website shall be construed as providing consult or advice to you.
iii. Atomy makes no warranty that:
• Atomy’s Website or the services will meet your requirements or your use of the Website or that it will be uninterrupted, timely, secure or error-free.
• The results that may be obtained from the use of the Website, or Services will be effective, accurate or reliable.
• The quality of the Website, or services will meet your expectations
• Any errors or defects in the Website or services will be corrected

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

• The Website user 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 site is owned and operated by Atomy. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as well as the selection, assembly and arrangement thereof is subject to applicable laws.
• All audio and video clips are the sole property of Atomy or their respective content providers. All software used on the site is the sole property of Atomy or those supplying the software. You acknowledge that the Website contains content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this Website only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Atomy’s prior expressed written authorization. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
• The Website user agrees that any feedback, comments, ideas, suggestions, information, or any other content which the Website user contributes to Atomy will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for Atomy to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The Website user represents and warrants that he/she/it owns or otherwise controls all of the rights to the content that he/she may contribute to this Website and that use of his/her/its content by Atomy shall not infringe upon or violate the rights of any third party.

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. 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 Distributor’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.
xi. not publish Website materials in any media, personal and/or any other website
xii. not sell, sub-license and /or otherwise commercialize any website material other than the products that shall be purchased through such website
xiii. not publicly display, show, present any website material
xiv. not use the Website in any way that is, or may be, damaging to this website
xv. not use the website in any way that impacts user access to this website
xvi. not use this website contrary to applicable law and regulations, or in a way that causes, or may cause, harm to the website, or to any person or business entity
xvii. not engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website
xviii. not use this website to engage in any advertising or marketing
xix. not systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission of Atomy.
xx. not make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating Direct Seller accounts by automated means or under false pretenses.
xxi. not engage in unauthorized framing of or linking to Atomy’s Website
xxii. not interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
xxiii. not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
xxiv. not upload or transmit or attempt to upload or to transmit viruses, Trojan horses, or other material, that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

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.

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.

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.

THE BUSINESS

Code of Ethics and Principles