Last Update on: 1st June, 2023.

Atomic Growth Terms & Conditions

WEBSITE OWNERSHIP:

THIS WEBSITE, WWW.ATOMICGROWTH.CO.IN (“OUR WEBSITE”), IS OWNED AND CONTROLLED BY ADVITIYA SHARMA AND RISHABH KANDPAL OWNER OF “HYPERNOVA PARTNERS ATOMIC GROWTH PRIVATE LIMITED“.

Address:

B-102, Park Belles, Mussoorie Road Near Petrol Pump, Dehradun City, 248001, Uttarakhand.
These Terms of Use (“TERMS”) shall govern your use of Our Website.

Please read these Terms carefully.

These Terms include our policy for acceptable use of content posted on our website, your rights, obligations and restrictions regarding your use of our website and services and our Privacy Policy.
In the event of a conflict between these Terms and our Privacy Policy, these Terms shall prevail.
The terms “ATOMIC GROWTH“, “AGENCY” “We“, “Us“, “Our” used in these Terms shall mean the “ATOMIC GROWTH, DIGITAL MARKETING AGENCY”.

By accessing Our Website, you accept, without limitation or qualification, the Terms specified herein. You are only authorized to use Our Website if you agree to abide by all applicable laws and to these Terms. If you do not accept these Terms, you must discontinue the use of Our Website. We may modify these Terms from time to time and such modification will be effective upon posting on Our Website however, upon any effective modification to the Terms, You shall accept the same failing which, We reserve Our right to deactivate and/ or delete your account/ profile from Our Website without any further notification. Your continued use of Our Website after the effective date of any change to the Terms and your acceptance thereof, will be deemed to be your agreement to the modified Terms. It is important that you review these Terms regularly to ensure you are updated as to any changes made. If We make significant changes to the Terms that affect your rights, you will be provided with a notification on the home page of Our Website regarding the same. Without limiting any other provisions of these Terms, you may not use Our Website for any purpose that is prohibited by these Terms, against any applicable laws and/or any applicable additional terms. Your access and/or use of Our Website may be terminated immediately, at Our sole discretion, without notice to you, if you fail to comply with any provision of these Terms, applicable laws and/or additional terms, or for any other reason, or no reason. You expressly agree not to:

(a) Use any content embodied in or used in connection with the implementation, operation, maintenance, or hosting of Our Website and all intellectual property rights embodied therein and all derivative works, improvements, updates, modifications, or translations thereof for any commercial purpose.

(b) Access, monitor or copy any content or information of Our Website using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission.

(c) Take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionate burden on Our infrastructure.

(d) “frame”, “mirror” or otherwise incorporate any part of Our Website into any other website without Our prior written permission.

Eligibility Criteria

To be eligible to use the services of Our Website, you must meet the following criteria and represent and warrant that you:

are the “Minimum Age” (defined below) or older;
are not currently restricted from the services of Our Website, or not otherwise prohibited from having an association with Our Website;
are not a competitor of Atomic Growth or are not using Our Website for reasons that are in competition with Atomic Growth;
will use your real name and other valid details needed to subscribe to Our Website and only provide accurate information to Us on Our Website;
have full power and authority to enter into these Terms and by doing so, will not violate any other agreement to which you are a party;
will not violate any of the rights of Atomic Growth or third-party, including intellectual property rights such as copyright or trademark rights; and
agree to provide at your cost, all equipment, software, mobile access, and internet access necessary to use Our Website.

The services are not designed nor are intended for use by children or anyone else under the age of 18 (“Minimum Age”).

Content on Our Website

You are solely responsible for the content including without limitation, the text, software, scripts, graphics, pictures, sounds, music, videos, interactive features, paintings, photographs and digital paintings (“Content“) that you convey through any medium on Our Website. Content is necessarily reviewed by Atomic Growth prior to posting and does not necessarily reflect the opinions or policies of Atomic Growth.

Atomic Growth makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users. As between you and Atomic Growth, you own the Content which you provide to Us and its Owner under these Terms, and may request its deletion at any time, unless you have shared information or Content with others and they have not deleted it, or it was copied or stored by other users.

Pursuant to this, Atomic Growth may grant other members and/or visitors’ access to your Content in accordance with these Terms according to your settings and degree of connection with them. With respect to your Content, you may choose to make it available to members and visitors under the settings of your choice. Any Content you submit to Us is at your own risk of loss. By providing Content to us, you represent and warrant that you are entitled to submit the Content and that it is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights). It is Your responsibility to keep your Account profile information accurate and updated.

Third-Party website(s)/ content

Our Website may contain links to third-party websites, links, hyperlinks, and micro-sites that are not owned or controlled or managed by Atomic Growth. Functionality on Our Website may also permit interactions between the Website and a third-party website or feature, including applications that connect the Website or Your Website / Atomic Growth profile with a third-party Website.

By using the services, You may be exposed to other member’s or third-party content or website(s) that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Our Website does not control any of these third-party web services or any of their content. In addition, Our Website will not and cannot review, censor or edit or filter the content of any third-party website.

You expressly acknowledge and agree that Our Website is in no way responsible or liable for any such third-party services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH Our WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

Media budget:

Also commonly referred to as “Ad Budget” shall be paid by the client directly to the media provider (eg. Google and Facebook). The media budget is exclusive of the retainer and is not payable to the agency at any cost unless agreed upon in writing.

Prohibited Content/ Actions:

(i) KINDLY NOTE THAT Our Website PROHIBITS PORNOGRAPHY ON ITS SITE. Our Website also prohibits nudity, violence, or offensive subject matter under the applicable laws of the jurisdiction or any link to an adult website. Please choose carefully the information you provide to other users.

Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario.

Despite this prohibition, information provided by other members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Website assumes no responsibility or liability for this material. If You become aware of misuse of the services provided by Our Website by any person, please contact Us [advitiya@atomicgrowth.co.in].

(i) Our Website does NOT promote:

Racism, bigotry, hatred or physical harm of any kind against any group or individual.
Information that is false or misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libellous.

(ii) Our Website also prohibits:

An illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or an unauthorized copy of an artwork.
The transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”; “phishing”.

(iii) User Conduct on Our Website:

You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses Our Website in a manner that sends more request messages to Our Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
Notwithstanding the foregoing, Our Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Our Website reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names, from Our Website.
You agree not to use the communication systems provided by Our Website for any commercial solicitation purposes. You also agree not to solicit, for commercial purposes, any users of the Website with respect to their User submissions.

(iv) Actions Our Website may take:

Our Website reserves the right, in its sole discretion, to reject, refuse to post or remove any prohibited Content (including private messages) or Products posted by you.
Our Website may restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
Our Website expressly reserves the right to terminate your association with our services if it determines, in its sole discretion, that you pose a threat to the website and/or its users.

(v) Termination and Membership:

Our Website may terminate your membership at any time, without warning.
Even after membership is terminated, these Terms of Use will remain in effect and continue to bind you.
You acknowledge that Our Website reserves the right to charge for the services and to change its fees from time to time at its discretion.
If Our Website terminates your membership because you have breached these Terms of Use, you shall not be entitled to a refund of any unused portion of subscription fees if applicable.

Payment, Charges and Refund:

Every client who subscribes to the courses available on the website has to prepay the amount highlighted at the payment screen emanating from Atomic Growth’s server. Upon successful payment, the client will receive notification and gain full access to Atomic Growth’s services.
Atomic Growth provides an option for clients to make a part payment at the time of subscription. The terms of this part-payment, along with the payment schedule, will be decided upon signing of the present contract.
Atomic Growth reserves the sole discretion to grant any refund to the client, based on the client’s conduct and the circumstances leading to the termination of the agreement.
A failure to deliver leads to the client’s website will oblige the agency to offer a full refund, excluding the ads budget, to the client.

Termination:

We reserve the right to modify, suspend, or terminate your access or use of Our Website at any time for any reason. This includes if you violate these Terms, or if you create risk, legal exposure, or harm for us, our users, or other concerned parties.
Specific provisions, such as “Disclaimers and Limitation of Liability”, “Indemnity”, “Dispute Resolution”, “Termination”, and “Miscellaneous” will remain active even after any termination of your relationship with Atomic Growth.

Intellectual Property

The content on Our Website with respect to the trademarks, service marks and logos contained therein (“Marks”), (including User Submissions (defined herein-below) and Content (defined herein-above)) are owned by or licensed by you to the Website, and are subject to copyright and other intellectual property rights under Indian laws and conventions. Content on the Website is provided to You “AS IS” and “AS AVAILABLE” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner and Our Website. We reserve all Our rights, which are not expressly granted in and to the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through Our Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of Our Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of Our Website or the Content therein. Our Website may now or in the future permit the submission of videos or other communications submitted by You and other users (“User Submissions“) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Our Website does not guarantee any confidentiality with respect to any submissions. Our Website permits you to link to materials on the Website for personal, noncommercial purposes only. In addition, You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and/or warrant that:

i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use; and
ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Our Website and these Terms.

iii) For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Our Website you hereby grant Our Website a worldwide, non-exclusive, royalty-free, sub license-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with Our Website and Our Website’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of Our Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Our Website a non-exclusive license to access your User Submissions through Our Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of Our Website and under these Terms.

In connection with User Submissions, You further agree that You will NOT: i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have written permission from their rightful owner to post the material and to grant Our Website all of the license rights granted herein;

ii) Publish falsehoods or misrepresentations that could damage Our Website or any third-party;

iii) Submit material that is unlawful, obscene, defamatory, libellous, scandalous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

iv) Post advertisements or solicitations of business;
v) Impersonate another user;

Our Website does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Our Website expressly disclaims any and all liability in connection with User Submissions. Our Website does not permit copyright infringing activities and infringement of intellectual property rights on Our Website, and Our Website will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Our Website reserves the right to remove Content and User Submissions without prior notice. Our Website will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer (except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from Our Website more than twice.Our Website also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, scandalous or defamatory material, of excessive length.

User Prohibitions

Unauthorized access to Our Website by non-registered users is strictly prohibited. If you have a user password allowing access to your account with Atomic Growth, you may not disclose or share your password with any third-party(ies) or use your password for any unauthorized purpose.

(a) In addition to all other terms and conditions of these Terms, you shall not;

(b) Provide any service based on the services provided by Atomic Growth or Our Website without prior written permission from Atomic Growth;

(c) Publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;

(d) Use Our Website in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Atomic Growth;

(6) Violate any applicable local, state, national or international law; and

(f) Create a false identity to mislead any person as to the identity or origin of any communication.

Indemnity

You agree to indemnify and hold harmless Atomic Growth, and Our directors, officers, vendors and employees from and against any losses, damages, fines and expenses (including reasonable attorneys’ fees), arising out of or relating to:

(a) Any claims made by any third-party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on Our Website;

(b) In violation of any applicable law, or by your violation of the rights of another;

(d) Your breach or alleged breach of these Terms;

(6) Any misrepresentation made by you;

(f) Any other claim related to your use of Our Website, except where such use is authorized by Atomic Growth.

You will cooperate as fully as required by Us in the defence or settlement of any claim.

Disclaimers of Warranties

You understand and agree that you use Our Website at your own risk and subject to the following disclaimers. The services including Our Website, the Content, User Submissions, any third-party links, or any other website links and other new media initiatives endorsed by Our Website and contents therein and any other materials contained on or provided through Our Website are provided on an “AS-IS” and “AS AVAILABLE” basis without any express or implied warranties, including, but not limited to, warranties of merchant-ability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by Us on Our Website is accurate, complete, or useful, that Our Website will be operational, error free, secure, or safe, or that Our Website will function without disruptions, delays, or imperfections.

Limitation of Liability

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATOMIC GROWTH FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.YOU UNDERSTAND AND AGREE THAT ATOMIC GROWTH SHALL, IN NO EVENT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER LOSS OR DAMAGE WHATSOEVER, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGES ARISING FROM YOUR USE, OR INABILITY TO USE OUR WEBSITE EVEN IF We HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATOMIC GROWTH’S ENTIRE LIABILITY TO YOU IN RESPECT OF OUR WEBSITE, WHETHER DIRECT OR INDIRECT, EXCEED THE SUBSCRIPTION FEES, IF ANY PAID BY YOU TOWARDS SUCH SERVICES RENDERED BY US.

Jurisdiction and Governing Law

The relationship between you and Atomic Growth shall be governed by the laws of India and you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dehradun, Uttarakhand, India, without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the services of Our Website. Not withstanding the foregoing, you agree that Atomic Growth has the right to bring any proceedings before any court/ forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum.

Dispute Resolution

In the event that you and Atomic Growth are unable to resolve a dispute amicably, the dispute shall be finally settled under the Indian Arbitration and Conciliation Act, 1996 as amended from time to time (the “Rules”) by a sole arbitrator, appointed by Atomic Growth, in accordance with the Rules. Pending the proceedings of the Arbitration, if any, you shall continue to comply with the provisions set out in these Terms.

Miscellaneous

These Terms and the Privacy Policy constitute the entire agreement between You and Atomic Growth, superseding any prior agreements between you and Atomic Growth, regarding such use.
Please note that Our website is hosted in India and is intended for and directed to users/ members in India and therefore, any user will not be to access it or upload any content from outside India.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed sever-able from the Terms and shall not affect the validity and enforce-ability of any remaining provisions.
Any amendment to or waiver of Our Terms requires Our express consent. If We fail to enforce any of Our Terms, it will not be considered a waiver.
All of Our rights and obligations under these Terms are freely assignable by Us in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and We may transfer your information to any of Our affiliates, successor entities, or new owner.
You will not transfer any of your rights or obligations under these Terms to anyone else without Our prior written consent.
Our Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue Our Website, including certain features and the support for certain devices and platforms, at any time. Events beyond Our control may affect Our Website, such as events in nature and other force majeure events.
We reserve the right to modify and/ or amend the Terms without any prior notification to you.