1. Introduction
Thank you for using our Website.
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using our Website, www.at-people.com, and our services, you agree to comply with and be bound by these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and ATP. The contracting entity is ATP HR Tech Private Limited, having its registered office at G-03, Pavilion Villas, Brigade Orchards, Devanahalli, Bangalore Rural, Karnataka – 562110.
These Terms govern your access to and use of our Website, including mobile, tablet and other smart device applications, associated services, the license to our proprietary software, and any updates and upgrades. The website, applications, and Services are collectively called the “Website”.
Our collection and use of personal information in connection with your access to and use of the Website is described in our Privacy Policy.
2. Website and Services
The Website makes available information relating to ATP proprietary products, demonstrations, specifications, and ancillary services. The Website may also provide facilities to license products and make payment towards existing licenses taken by ATP clients.
To promote the Website, member content may be displayed on other websites, applications, emails, and online or offline advertisements. The Website may contain links to third-party websites or resources (“Third-Party Services”). Such services may be subject to different terms and privacy practices. ATP is not responsible or liable for the availability, accuracy, content, products, or services of such Third-Party Services. Links are not endorsements by ATP.
Due to the nature of the Internet, ATP cannot guarantee continuous and uninterrupted availability and accessibility of the Website. ATP may restrict availability of the Website or certain areas or features due to capacity limits, security or server integrity, or maintenance. ATP may improve, enhance, modify the Website, and introduce new services from time to time.
ATP may make access to and use of the Website, or certain areas or features, subject to conditions or requirements such as verification processes or review of booking and cancellation history. User verification on the Internet is difficult and ATP does not assume responsibility for confirmation of a user’s identity.
Certain areas or features may be subject to separate policies, standards, guidelines, or additional terms. If there is a conflict between these Terms and terms applicable to a specific area or feature, the latter terms will take precedence with respect to that area or feature unless specified otherwise.
ATP reserves the right to modify these Terms at any time. If changes are made, ATP will post revised Terms on the Website and update the “Last Updated” date. Continued access to or use of the Website constitutes acceptance of revised Terms.
3. User Accounts
You must register an account (“User Account”) to access and use certain features of the Website, such as licensing a product or service. You may register using an email address and password. You must provide accurate, current, and complete information during registration. Since the product is licensed to companies or organizations, the User Account shall be made using an official email ID that may be verified by ATP.
You are responsible for maintaining confidentiality and security of your User Account credentials and may not disclose them to any third party. You are liable for all activities conducted through your User Account. All payments received pursuant to the User Account shall be deemed paid by the company/client and considered genuine consideration. ATP shall not be responsible or liable for refunds due to fraudulent charges.
4. Licenses, Purchase, Delivery, and Payment
You may use your User Account to purchase the limited license for products or services available on the Website. The license to use the product shall be activated as per individual contracts executed between ATP and clients.
Unless specified otherwise, the license to the product and/or ancillary services shall be prepaid or paid against invoices, license agreements, purchase orders, or statements of work generated pursuant to discussions between ATP and clients.
Upon execution of the license agreement, raising of invoice by ATP, and/or existence of purchase orders or statements of work, a legally binding agreement is formed between the client and ATP, subject to additional terms and conditions, including applicable cancellation policy and rules.
Upon purchasing the license to use products or services from the Website, you shall be bound by the payment gateway terms and conditions in addition to the terms stated here.
5. ATP Content and Intellectual Property
You acknowledge and agree that the Website and content available on the Website (“ATP Content”), including all associated intellectual property rights, are the exclusive property of ATP and/or its licensors or authorizing third parties. You will not remove, alter, or obscure copyright, trademark, service mark, or other proprietary notices incorporated in or accompanying the Website.
All trademarks, service marks, logos, trade names, and source identifiers of ATP used on or in connection with the Website and ATP Content are trademarks or registered trademarks of ATP. Third-party marks are used for identification purposes only and may be property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Website. No licenses or rights are granted by implication or otherwise except for rights expressly granted in these Terms.
6. Return, Refund, and Cancellation
As a general rule, ATP is not bound to make refunds for license fees already paid by a client in the event of termination of the arrangement between parties or any occurrence not contemplated by these Terms or the license between parties. Refunds, if any, shall be governed only by the license agreement executed between the parties. Refunds due to transaction failures or technical failures shall be processed as per applicable laws.
7. Reviews, Ratings, and User Conduct
Users can leave a public review (“Review”) and submit a star rating (“Rating”) about their experience of the Website. Ratings and Reviews are not verified by the Website for accuracy and may be incorrect or misleading. Ratings and Reviews must be accurate and may not contain offensive or defamatory language.
You are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use of the Website. In connection with your use of the Website, you will not and will not assist or enable others to:
- Breach or circumvent applicable laws, regulations, agreements with third parties, third-party rights, or ATP Terms and Conditions.
- Use, display, mirror, or frame the Website or any element within it, ATP name, trademark, logo, proprietary information, layout, design, page, or form without express written consent.
- Dilute, tarnish, or otherwise harm the ATP brand, including unauthorized use of ATP or derivative terms in domain names, trade names, trademarks, or confusingly similar identifiers.
- Use robots, spiders, crawlers, scrapers, or other automated means or processes to access, collect data or content from, or interact with the Website.
- Avoid, bypass, remove, deactivate, impair, descramble, or circumvent technological measures implemented by ATP or any provider or third party to protect the Website.
- Take action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Website.
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8. Termination, Risk, Disclaimers, and Liability
ATP may immediately, without notice, terminate this Agreement and/or stop providing access to the Website if you materially breach obligations under these Terms, payment terms, or policies; violate applicable laws, regulations, or third-party rights; or if ATP believes such action is reasonably necessary to protect the personal safety or property of ATP, Website visitors, users, and clients.
If you choose to use the Website, you do so voluntarily and at your sole risk. The Website is provided “as is”, without warranty of any kind, either express or implied.
If ATP conducts identity verification or background checks on any user, to the extent permitted by law, ATP disclaims warranties that such checks will identify prior misconduct or guarantee future conduct.
You assume full responsibility for choices made before, during, and after use of the Website. The disclaimers apply to the maximum extent permitted by law. Statutory warranties, if any, shall be limited to the maximum extent permitted by law.
To the maximum extent permitted by law, the entire risk arising out of access to and use of the Website, publishing or booking products or services via the Website, payment of license fee, or interaction with ATP personnel remains with you.
Neither ATP nor any party involved in creating, producing, or delivering the Website will be liable for incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, cost of substitute products or services, personal or bodily injury, or emotional distress arising out of or in connection with these Terms or use of or inability to use the Website.
Except for obligations to pay amounts applicable pursuant to these Terms, ATP’s aggregate liability arising out of or in connection with these Terms and use of the Website shall not exceed amounts you have paid or owe for taking a license via the Website.
You agree to release, defend, indemnify, and hold ATP and its affiliates and subsidiaries, officers, directors, employees, and agents harmless from claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with breach of these Terms or policies, improper use of the Website, or breach of laws, regulations, or third-party rights.
9. Disputes, Arbitration, and Governing Law
You and ATP mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, their breach, termination, enforcement, interpretation, or use of the Website (“Disputes”) will be settled by arbitration under the Arbitration and Conciliation Act, 1996, as applicable in India and amended from time to time.
The following claims are exceptions and may be brought in a judicial proceeding in a court of competent jurisdiction: claims related to actual or threatened infringement, misappropriation, or violation of ATP copyrights, trademarks, trade secrets, patents, or intellectual property rights; and claims seeking emergency injunctive relief based on exigent circumstances such as imminent danger, crime, hacking, or cyber-attack.
These Terms shall be governed by the laws of India, and courts in Bangalore shall have exclusive jurisdiction over matters pertaining to these Terms.
10. Feedback and General Provisions
ATP welcomes feedback, comments, and suggestions for improvements to the Website (“Feedback”). Feedback may be submitted by email, through the Contact section, or by other communication. Any Feedback submitted will be considered non-confidential and non-proprietary. By submitting Feedback, you grant ATP a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose without compensation.
Except as supplemented by additional terms, policies, guidelines, or standards, these Terms constitute the entire Agreement between ATP and you pertaining to the subject matter and supersede prior oral or written understandings or agreements relating to access to and use of the Website.
No joint venture, partnership, employment, or agency relationship exists between you and ATP as a result of this Agreement or your use of the Website. These Terms do not confer rights or remedies upon any person other than the parties.
If any provision of these Terms is held invalid or unenforceable, that provision will be struck and will not affect the validity or enforceability of remaining provisions. ATP’s failure to enforce any right or provision will not constitute a waiver unless acknowledged and agreed in writing. Exercise of remedies is without prejudice to other remedies under these Terms or law.
11. Contact
If you have any questions about these Terms, please email info@at-people.com.