User Agreement for Aabhakran Trade-Link Marketing Pvt. Ltd. (ATM)
Contractual Terms and Conditions:-
This Agreement is entered into between Aabhakran Trade-Link Marketing Pvt. Ltd. a company incorporated under the Companies Act, 2013 and having its office in Patna, hereinafter referred to as the Company on the one part and any User / ATM Representative who / which buys the Product and Services Package of the company, as specified herein below, hereinafter referred to as the “ATM Representative” on the other part.
The ATM Representative represents and warrants that the marketing program and the compensation plan, its limitations and conditions have been understood clearly by him / her and, the ATM Representative is not relying upon any representation or promise that is not contained in this Agreement or other official company material. ATM Representative shall be a person who submits a properly filled in online application on the requisite format (as obtained by clicking “REGISTER” button on our website www.atmkaro.in) and such application is electronically submitted and Purchased Education Product (ONLINE) is instantaneously delivered by accepting ONLINE LEGALS (Terms and Conditions) and FAQ‘S (given on our website); and other physical products or services would be delivered as mentioned against each and every products / services.
An ATM Representative for promotion of our Business / Mission shall act and be as an independent contractor and shall not have any authority to bind the company for any obligations whatsoever. An ATM Representative is not an Employee or any other Legal representative of the company or its service provider. The relationship between the company and an ATM Representative is governed by the Terms and Conditions as laid down in this agreement will come into being only when this Agreement is agreed and accepted online by any Purchasing ATM Representative and this Agreement shall remain enforceable during its existence unless it is terminated due to non-fulfilment of its conditions. An ATM Representative shall be presumed to have understood the Terms and Conditions of this Agreement which are detailed herein below.
ATM E3 Package
- Online Education courses are delivered immediately after the online Purchase / Registration.
- The company is arranging Tour nationally and internationally (at specific locations only, as listed in our product section) for our purchasers of ATM E3 Package by booking hotel accommodation for 3 Nights + 4 Days at the desired locations. We help our purchasers of this package to plan and schedule the selected Tour (out of the desired locations and their preferred dates for availing the Tour).
- ATM Representative buying our Holiday Accommodation Package are highly recommended to avail the holiday package.
- ATM Representative buying Holiday Accommodation Package must avail their Tour as per the Terms and Conditions on the Product page at our website (www.atmkaro.in).
- In order to facilitate the Tour, the company is engaged in only for the purpose of arranging or booking accommodation in hotels at preferred destinations.
- The company is only charging under this package the cost of Hotel Accommodation for 3 Nights + 4 Days for a selected destination where the Tour is to be availed.
- The facilities referred to in this sub-clause are hereinafter referred to collectively as “Product / Services”.
*No cash payment for the purchased product by any Purchasing ATM Representative shall be given to any ATM Representative in any circumstances. Company will not be responsible for any loss (if any). The Purchasing ATM Representative himself / herself will be responsible for any such loss (if any).
The term of this Agreement shall commence from the day the application of the ATM Representative on the requisite format is received online by the company, subject to the consideration received or to be received within the specified period. The term of the Agreement may be continued automatically by the company for another same period when an ATM Representative fulfils the conditions of the company. Please note failing to fulfil the conditions for three successive years would lead to termination of the contract
It is mutually agreed between the parties that :-
- The ATM Representative will not use the Product / Educational software of the company in any manner which is against any law or public policy or contrary to any of the terms of this Agreement. Any reproduction, re-distribution, resale or unlawful use of the Product / Services of the company will result, in termination from the Business programme of the company and the ATM Representative shall be liable to be prosecuted under the Civil / Criminal law. The company shall not be responsible for the acts of an ATM Representative which are beyond the Terms and Conditions agreed between the company and an ATM Representative. An ATM Representative working on false identity will also be liable to criminal prosecution.
- Any copying or reproduction of the Product / Service Package / Business Plan / any content of our website and Educational software partly or fully of the company shall be deemed as violation of this Agreement, and will attract its immediate termination from the Business program of the company. Such act of an ATM Representative shall render him / her liable to be prosecuted under Civil / Criminal / Copyright / Trademark Law.
- Any misrepresentation of the aims and objectives of the company, which include but are not limited to, online courses that may or may not be harmful to the interest of the company, will invite immediate termination from the business program of the company, and consequential suspension / cancellation of any rights and obligations that arise out of this Agreement.
- In case an ATM Representative is terminated from the business due to any reason the product will be given till the purchased period and this agreement will be valid initially for a period of one year from the date of purchase or for subsequent years subject to fulfillment of conditions for continuation of Business program.
- The company reserves the right to terminate any Business ATM Representative from the Business immediately without any written notice if any ATM Representative is found to indulge in anti-company activities in any manner or found to disturb any Private or Public Business Meeting or Free Teaching Seminar organized by the ATM Representatives or the Company.
- The company reserves the right to terminate any Business ATM Representative from the Business without assigning any reasons and with or without giving any written notice to an ATM Representative, if Acts / Deeds of the ATM Representative are detrimental to the interest of the company.
- You must take a written permission from Aabhakran Trade-Link Marketing Pvt. Ltd. to produce / publish any promotional materials such as CDs, VCDs, Books, Audio cassettes etc. for distribution to other ATM Representatives. The developed promotional material such as CDs, VCDs, Books, Audio cassettes etc. by any ATM Representative is only for FREE distribution to other ATM Representatives and it cannot be sold at any price in any circumstances to other ATM Representatives / Guests. Violation of this will attract immediate termination from the Business Program of the company, in addition there will be severe penalty and prosecution under the commercial Law if any violation of Copyright / Trademark patent / Designs Law is found.
1.The consideration for the purchase of ATM E3 Package is Rs. 8499/- (Inclusive of all Taxes) to be paid only after complete satisfaction with the performance of the package by way of NEFT TRANSFER to ATM bank account or other payments mode as given on our website.
Please note: company is charging only for its products / services (the cost is inclusive of all taxes) and paying the taxes as per the Govt. rules.
- It is mutually agreed between the parties that the ATM Representative can evaluate the purchased products and all the relevant information of the products online and the consideration should only be sent after complete satisfaction. If satisfied, then the consideration should reach at company’s office within 10 days from the date of registration. In case the ATM Representative fails to make payment within the aforesaid
- days period to the company, this Agreement will stand terminated or will be deemed as null and void ab-initio. If ATM Representative sent the consideration prior to 10 days, it would be deemed that he / she is completely satisfied with our product and agrees to all our Terms and Conditions and FAQs.
- The ATM Representative can cancel his / her Product / Services within 30 days (inclusive the payment receiving day) from the date of joining by sending written request and seek refund, if he / she feels cheated, misguided by his / her selling ATM Representative or not satisfied with the performance of the Product, or due to any other reason. Please note that all the cancellation requests which are received on last day till 6 P.M will only be entertained. The ATM Representative is entitled for refundable amount after deducting processing fee of Rs. 500/- (inclusive of all taxes) after deducting processing fee which is the consideration paid for the Product / Services of the company within the scope of this Agreement. In such event this Agreement will be deemed to have been terminated and null and void ab-initio.
- It is mutually agreed between the parties hereto, that the company is at liberty to change / modify the quantum of consideration payable under this Agreement in future or provide additional Product / Services as may be determined by the company.
- ATM packages could only be purchased after accepting Online Agreement (Terms and Conditions). However, in Order to make double sure we accept payment for the Purchased Product, once the following DECLARATION duly signed in by Purchasing ATM Representative and authenticated by Selling ATM Representative is received.
ATM E3 Package
(for the purchase of ATM E3 Package) INVOICE
Certified that I am at least 18 years of age and have completed at least 10th grade of schooling. I have completely understood the ATM E3 Package and completely satisfied with it. I am aware that the online courses (provided in ATM E3 Package) is to be learned by myself (using computer and internet at my own cost). I have seen the demo of course and completely satisfied with the QUALITY AND process of learning. I have also clearly understood the redemption process of the room night accommodation voucher or holiday voucher (provided in ATM E3 Package) and agree to it. I have carefully read all the terms and conditions applicable to Aabhakran Trade-Link Marketing Pvt. Ltd as given on the website www.atmkaro.in and agree to them. I am signing this DECLARATION with complete understanding and with my own WILL, without any PRESSURE/UNDUE INFLUENCE AND INDUCEMENT. I am aware that any dispute arising out of this purchase would first be solved as per terms and conditions of the company failing which could be addressed exclusively in competent courts in Patna only.
It is expressly understood by both the parties here that any act of God or force majeure, that include, but is not limited to, natural disaster, war, technical failures and operation of Law / Government Policies that may prevent the due performance of any of the obligations under this Agreement, or under any Terms / Conditions / Subsidiary Agreement that may form an integral part of this Agreement, will not be construed as failure to perform the contract by either of the parties hereto. However, it is clarified that the party, so affected will take all possible steps towards normal performance of obligations under this Agreement, as soon as possible. No party will be responsible for any loss due to the other party, in these circumstances.
An ATM Representative is required to keep any company’s password and other secure access, information confidential and notify the company promptly if the ATM Representative believes that the security of an account has been exposed. The company has taken reasonable step to protect the security of online transactions. However, the company does not warrant such security and will not be liable for any losses or damages resulting from any security breaches. The ATM Representative shall be liable for losses or damages resulting from the security breaches.
- ATM Representative hereby agrees that the company is entitled to ask for personal information, login Id and password etc at any stage in the course of the use of Product and Services contemplated under this Agreement.
- ATM Representative understands that the company and its chosen service partners may use login Id of the ATM Representative to operate or help to operate sites and services for the purposes of the user or company, and to inform ATM Representative of any new Features / Services / Products from the company or its affiliates, including products and services that may be related to the Product and Services contemplated under this Agreement, but are not necessary to its operation.
- The company may disclose such Login Ids / Passwords or any other reference code / number referring to any user or any information provided by any user, if required to do so by any law enforcing authorities or by courts, or in public interest or in good faith when the company believes that such action is necessary to conform to the requirement of law or to comply with the Legal process or in reply to any notice served upon the company or to protect and defend any rights of the company with respect to the Products / Services contemplated under this Agreement or to protect the safety of the users / the company / the public in extraordinary circumstances.
Jurisdiction and Disputes Resolution Mechanism
This Agreement shall be construed and enforced in accordance with the Laws of Union of India and shall be subject to Patna Jurisdiction.
- All disputes between the ATM Representative / User and the company arising out of or in relation to this Agreement directly or indirectly shall be first referred to the Dispute Resolution Team of the company for amicable settlement through negotiation between the parties. In the event of the dispute not being settled amicably between the parties, the same shall be referred to the Sole Arbitrator appointed by the company under the Provision of Arbitration & Conciliation Act, 1996 and the venue shall exclusively be at Patna only. The Managing Director, Aabhakran Trade-Link Marketing Pvt. Ltd. shall be appointed as the Sole Arbitrator to adjudicate upon the disputes or the Managing Director may appoint someone else to adjudicate upon the disputes.
- In case of the multiple claims / disputes that may involve the company and more than one user for the cause of action relating to all such parties, such parties hereby consent and submit to a single, consolidated arbitration proceeding. Any award made under such arbitration will be final and binding on both the parties hereto.
Promises by Recruiting ATM Representative
Selling ATM Representative is not authorized to make any other promise to prospective Purchasing ATM Representatives other than those made by the company on its website www.atmkaro.in under this Agreement and in other official company material relating to this Agreement. The company shall not be liable for any act of omission or commission, misrepresentation, false commitment and promises made by any ATM Representative to the prospective ATM Representative / User while introducing the Product / Package / Services of the company. At the time of Agreement, if any ATM Representative while trying to enter into Agreement with the prospective ATM Representative makes some false commitment, misrepresentation and promises such prospective ATM Representative can write a complaint against the ATM Representative to the company. Company will take appropriate action against such ATM Representative but company shall not be responsible and liable for such acts of ATM Representative.
ATM Representative will be entitled to participate in the Business and Education / Product usage program of the company upon acceptance of an application by the company, with a Business Center offered Free of Cost. After making sale of two ATM E3 PACKAGE, ATM Representative will be eligible to get commission on the sales occurring in his / her organization due to his / her continuous Participation / Training / Teaching / Helping and Development to all the ATM Representative in his / her organization and with fulfilment of the conditions, as explained on the company’s Business Section on its website www.atmkaro.in. An ATM Representative understands that to earn commission in the program, ATM Representative is responsible for generating business with proper guidance and training of the company and strictly as per the Terms and Conditions of the company. To do this, an ATM Representative will personally make sales of the ATM E3 PACKAGE which will build his or her sales team and will contact prospects by phone, net and in person and attend local training meetings of the Company’s Independent ATM Representatives or Representatives which will be notified by the ATM Representative to prospective ATM Representative. An ATM Representative has to get continuous training from the Company and continuously to train those referred to by participation in the program. All Participating / Selling ATM Representatives must be introduced to the Training Programs / Events organized by the Company. Those who buy an ATM E3 PACKAGE shall be entitled for Retail and Group Compensation Plans.
An ATM Representative having applied to participate in the company’s web based business program [“Program”], understands that he / she / it will be bound by the Terms and Conditions / Contract hereof, once such application is submitted online and accepted by the company.
An ATM Representative is responsible for getting training by himself / herself from the company and training those who are referred by participation in the program also facilitating them for attending company’s periodically organized Training Programs.
An ATM Representative shall be solely responsible for payment of his / her taxes and other levies [central or state] in general course of his self- employment as independent
ATM Representative or Company’s web based program as per the laws and rules governing his / her Province / State / Country. Independent ATM Representatives agree that in India the revenue earned during the fiscal year will be liable to tax deduction at source at such rates as applicable in accordance with the Income Tax Act, 1961 or rules, amended from time to time.
An ATM Representative at his / her / its own expense, will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement. The company is not responsible for illegal submissions / representations made by any ATM Representative.
An ATM Representative shall be responsible to keep him / her aware of any change[s] modification[s] in the existing Agreement / Contract or change in the compensation plan, rates, prices and charges. An ATM Representative agrees that the company may from time to time modify the existing Agreement or change in the compensation plan, marketing plan, rates, prices and charges in order to make it applicable to all ATM Representatives.
Changes / Modifications shall be deemed to have been given by the company once such changes are posted on www.atmkaro.in web site. It is ATM Representative’s responsibility to keep visiting company’s website (at least once a week) for recent developments. These changes / updates and new developments will be applicable to all the ATM Representatives.
Cross Sponsoring/Cross Recruiting
An ATM Representative understands that cross sponsoring, cross recruiting and cross line jumping are prohibited in the company’s Business Program. This may result in the imposition of penalty / suspension / cancellation / revocation of his / her Product / Services
- Package and as more fully set forth hereafter, but may include immediate termination from Business Program without passing of any benefits or revenue / pay out payable to such ATM Representative / prospective applicant. “Cross sponsoring” means soliciting an ATM Representative or any closely related person or entity into an organization different from the existing organization for that ATM Representative, or a closely related person or entity.
“Cross jumping” means an associated or any closely related person or entity voluntarily taking a business that is not in the same down line as the one in which the ATM Representative first was placed.
“Closely related person or entity” is any person in the household of the ATM Representative [e.g. Spouse, Son, Daughter, Parents] or any Legal entity which is controlled by the ATM Representative.
An ATM Representative / User is not entitled to any profit solely on the ground that he / she has introduced another person as an ATM Representative to the program. There is no guarantee under this program that the ATM Representative will drive any specific income or profit. Any income that ATM Representative earns under this program is determined by ATM Representative’s personal activity / efforts as an independent ATM Representative. ATM Representative understands that ATM products / services sales revenue shall be paid only to the qualified “selling” ATM Representative and to his or her qualified organizational ATM Representatives. The ATM Representative shall not make any income representations except those set forth herein or otherwise specifically set forth in official company’s material. ATM Representative understands that the revenue earned through the company is not the only source of his / her income and any other income derived will be disclosed to the authority on his / her own account and the company shall not be responsible for revenue earned by the ATM Representative other than what is earned from the company.
Links to Third Party Sites
The ATM Packages and our website (www.atmkaro.in) may contain links to websites operated by parties other than company. Such links are provided for ATM Representative’s convenience only. The company does not control such web site, and is not responsible for their contents, www.atmkaro.in inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
The information, software, products and services included in the ATM Educational courses may have inaccuracies or typographical errors. Changes will be effected periodically to the information herein. The company may make improvements and / or changes to the ATM Educational Packages at any time. Advice received via ATM Educational Package or in any manner from the company or its advisers, should not be relied upon for personal, medical, legal or financial decisions. An ATM Representative is free to consult and appropriate professional for specific advice tailored to his / her situation. The company and / or its respective suppliers make no representations about the suitability, reliability, timeliness and accuracy of the information, software, products, services and related graphics contained in the ATM Educational Packages for any purpose. All such information, software, products, services any related graphics are provided “as is” without warranty of any kind.
The company and / or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement. The company and / or its suppliers shall not be liable in any event for any direct, indirect, punitive, incidental, special , consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of the use or performance of the ATM Educational Courses, with the delay or inability to use the ATM Educational Courses, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ATM Educational Courses or otherwise arising out of the use of the ATM Educational Courses, whether based on contract, strict liability or otherwise , even if the company or any of its suppliers has been advised of the possibility of damages. Because some states / jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages. The above limitation may not apply to an ATM Representative. If any ATM Representative dissatisfied with any portion of the ATM Educational Packages, or with any of these, the sole and exclusive remedy is to discontinue using the ATM Educational Packages.
Software / Courses
Software [if any] / Courses / Tutorials that are made available by the Educational Course [“Software / Courses / Tutorials”] are the copyrighted work of the company and or its suppliers. An ATM Representative’s use of the Software / Courses / Tutorials are governed by the terms of the end user license Agreement, if any, which accompanies or is included with the software [“License Agreement”]. An ATM Representative may not install or use any Software / Courses / Tutorials that are accompanied by or includes a License Agreement unless he / she first agrees to the terms of License Agreement. For any Software / Courses / Tutorials not accompanied by a license- Agreement, the company hereby grants to ATM Representative, the user, a personal, non-transferable license to use the Software / Courses / Tutorials for viewing and otherwise using the ATM
Educational Course in accordance with these Terms and Conditions / Contract and for no other purpose provided that ATM Representative keep intact all copyright and other proprietary notices. ATM Representative should clearly note that all Software / Courses / Tutorials, including without limitation all HTML code and programming code contained in the Educational Course, is owned by the company and or its suppliers and is protected by copyright and intellectual property laws of the land and international laws.
Any reproduction or redistribution of the Software / Courses / Tutorials or any other material given on our site (www.atmkaro.in) are explicitly prohibited by law and may result in severe Civil and Criminal liabilities.
Copying or reproduction of the Software / Courses / Tutorials or any other information given on our site (www.atmkaro.in) to any other server or location for further reproduction or redistribution is explicitly prohibited. The software is warranted, if at all, only according to the terms of the Agreement / Contract.
Grievance Redressal section on our website www.atmkaro.in for resolving the disputes/complaints and other issues.
The Association of the company and its ATM Representatives is on principle to principle basis. An ATM Representative agrees that no joint venture, partnership, employment, or agency relationship exists between ATM Representative and the company as a result of this Agreement or use of the ATM products / services.
Copyright and Trademark Notices
All contents of the ATM Educational Packages / official material and the web site www.atmkaro.in are the original work of the company and its suppliers and is exclusive user of the same and thus is the absolute owner of the copy right thereof. All rights are reserved. The company and its website www.atmkaro.in its products and or services referenced herein are domains, trademarks or registered trademarks of the company. Other products and company names mentioned herein may be the trademarks of their respective owners.
Information about ATM Representatives
ATM Representative is required to furnish the complete and accurate information in the prescribed format to the company and also keep updated in case of any change.
An ATM Representative may voluntarily terminate his participation from Business program by giving one month’s written notice to the company at any time for any reason. If the ATM Representative terminates his participation from Business program then such ATM Representative shall not be allowed to become an ATM Representative again for a period of one month. If ATM Representative rejoins on line in violation of this policy then such ATM Representative shall be terminated from the new Business program and he / she shall not be allowed to earn any revenue / pay out from the new position and that Agreement / Contract shall be treated null and void ab-initio.
Applicant / ATM Representative hereby indemnify and to keep the company fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense [including Legal fees, costs and expenses on full indemnity basis] suffered or incurred arising out of or connected with the user’s conduct, misuse of Cash Payment / Demand Draft / Credit Card / Debit Card or any act of Applicant / ATM Representative whether directly or indirectly or against any violation of this Agreement.
Each ATM Representative hereby, agrees to keep any ATM passwords and other secure accesses information confidential and notify the company promptly if the ATM Representative believes that the security of an account has been compromised. The company has taken reasonable steps to protect the security of online transactions. However, the company cannot and does not warrant such security and will not be liable for any losses or damages resulting from any security breaches.
- LEGALS means AGREEMENT (Terms and Conditions) applicable to Aabhakran Trade-Link Marketing Pvt. Ltd.
- The Company reserves its right to change the Terms and Conditions of the Agreement under which the Product / Services and Business opportunity of the company are being offered.
- The company reserves the right to deny, in its sole discretion, before / after termination of this Agreement, user access to web site, facilities, products or services, without any notice or reason.
- This Agreement constitutes the entire Agreement between the parties on the subject matter thereof, however, ATM Representative / User understands that any Commitment, Terms and Conditions, as displayed on the web site of the company, will be treated as integral part of this Agreement , which would be binding on both parties. No additional promises, representation, guarantees or Agreements of any kind, shall have any validity concerning the subject matter of this Agreement, unless the same is in writing and is agreed upon and signed by an authorized representative of the company in hard copy form.
- If an ATM Representative refers / recommends the Products / Services of the company to some other prospective user, and consequently decided to accept some incentives / commissions being offered by the company, then the ATM Representative will be bound by Agreement / Terms and Conditions on the subject contained elsewhere in the company web-site, and the same Agreement / Terms / Conditions, will form a binding contract between the user and the company, and will be enforceable in the same manner as this Agreement, being subject to the same restrictions on jurisdictional.
- ATM Representative agrees that the latest version of this Agreement, available on the company’s web-site, without any modification whatsoever, will be the operative version of this Agreement, and any modification of this version of the Agreement by any User / ATM Representative with mala fide intent will be liable to be prosecuted under the relevant provision of the law in force. The operative intent of this clause will extend to all terms, conditions and notices, which are ancillary / incidental to this Agreement, including any such Terms and Conditions which may be contained in the company’s web-site or in any other web-site / web page which is also operated by the company or its affiliate, including any such sites or pages which can be accessed by links contained in the web-site of the company.
- Headings to clauses in this Agreement are for the purposes of references only, and shall not be construed as indicative for the purpose of interpretation of any clause.
- If there is any conflict between the currently available user Agreement and other documents, the currently available user Agreement available on the company’s website shall govern, whether such other documents are being made / created prior to or subsequent to currently available user Agreement, or is signed or acknowledged by any Director, Officer, Employee or ATM Representative of Aabhakran Trade-Link Marketing Pvt. Ltd.
- The Company does not owe any responsibility whatsoever for any Loss, Damage or Distress to any person, whether or not a purchaser of our Products / Services on account of any action taken or not taken on the basis of our Product / Business / Mission.
- ATM Representative interested to promote ATM Business / Mission must examine their Country / State / Province laws. Company will not be responsible in any ways if any ATM Representative is promoting the Business / Mission without examining their Country / State / Province laws. However, our Products / Services could be purchased only for self-use from anywhere
- Physically fit persons are only allowed to promote ATM Business / Mission. Physically impaired persons are not allowed to promote ATM Business / Mission. However, they may purchase our products / services for their use only.
- In case of any dispute only current information on our website (www.atmkaro.in) will be used.
- Any lawsuit or bad propaganda against the company by any ATM Representative will immediately disallow all pending, forthcoming as well as on going commission without any notice.
- If we find any ATM Representative involved in misguiding / spreading misunderstanding to other ATM Representatives about the company’s rules / policies / activities / functioning directly or indirectly, would amount to immediate suspension of all pending, forthcoming as well as on going commission without any prior notice.
- Company releases the earned commissions only to the ATM Representatives who are 18 years of age and their PAN is received by us. If you have not acquired the age of 18 or not have sent a photocopy of your PAN card, you are not entitled to receive any commissions.
- It is the duty of all the ATM Representatives to follow all the LEGALS (Terms and Conditions) and FAQs of ATM. We are a global company set up for providing Product
- Services worldwide. It is neither possible for us to have any control nor have any way to know for any violation done by any ATM Representative unless we receive any complaint. Any action for any violation as indicated on our site, would be initiated only after receiving a genuine complaint where the matter seems to lie in our jurisdiction. However, all our ATM Representatives are Independent so they are responsible for their own wrong doings in their respective jurisdiction / States / Provinces / Countries and the affected ATM Representatives / Business ATM Representatives or deemed to be ATM Representatives / Business ATM Representatives can directly take legal action against these wrong ATM Representatives / Business ATM Representatives directly in their respective jurisdiction.
- Only information available at our website related to Company or its President / Directors should be given to other ATM Representatives / Guests for promotion of ATM Business / ATM Mission. Any ATM Representative violating this will not be allowed to promote our Business / Mission anymore and his / her all pending, forthcoming as well as on going commission will immediately be stopped.
- The contract / agreement would automatically be renewed on the completion of the conditions as given on our website (www.atmkaro.in).
- If the total number of sales for any Day / Twice a Week / Week / Fortnight / Month is not sufficient to release the commission then either we will club the sales of that Day
- Twice a Week / Week / Fortnight / Month to the sales of next Day / Twice a Week / Week / Fortnight / Month and run the commission on the basis of total sales for these Days / Twice Weeks / Weeks / Fortnights / Months and also can modify orbit / step rates to run the commission. The minimum sales required to run the commission in any specific Day / Twice a Week / Week / Fortnight / Month would be determined / decided by the company and the decision of the company in this regard would be final.
- Purchasing ATM Representatives are strictly warned not to pay any cash payment to his / her Selling ATM Representatives or any of his / her ATM Representative. Personal and Payment information must be verified by the Purchasing ATM Representative before signing the DECLARATION on the Invoice Form. Selling and Purchasing ATM Representatives must keep a photocopy of the Invoice Form . The original Invoice Form and cost of the product or reference of payment made has to be sent to the company. Company will not be responsible if any payment is made to any Selling ATM Representative / ATM Representative by the Purchasing ATM Representative through any mode, and company will not be responsible for any loss (if any). The Purchasing ATM Representative himself / herself will be responsible for any such loss (if any).
- If Board of Directors of Aabhakran Trade-Link Marketing Pvt. Ltd. is convinced that any ATM Representative is drawing commission / incentives without any contribution, the company may stop all pending, forthcoming as well as on going commission without any notice and with immediate effect. Even if some commission cheques are issued to such ATM Representatives, the company may stop the payment of such cheques.
- ATM product cannot be purchased in joint name or partnership.
- ATM Representatives residing outside India are not allowed to earn any commission in India.
- All ATM Representatives must Post / Send their query at support section at www.atmkaro.in
- The total cost of our product includes the cost for the Technical and Non-Technical Support, Maintenance for the entire purchased period and numerous courses developed by us. We have also developed courses / tutorials for some renowned softwares to create better understanding and learning about the computers. These courses are added without any cost. Our dedicated staffs are available all the time to provide special technical and non-technical support and other services / maintenance for the entire purchased period, which is required to facilitate learning and making use of our other services to any individual who have purchased ATM Packages.
- All our Courses are developed by the subject experts and by our appointed staff members under the guidance of Directors of Aabhakran Trade-Link Marketing Pvt. Ltd. These courses are designed to help the deprived and deserving masses (who otherwise are not given chance to learn from anywhere) to learn, However, anybody can learn from our courses if he / she find it useful for them. All our courses are designed for self-learning only and to be learnt using Computer/ Mobile APP and Internet by the Learner at his / her own cost. Our courses / tutorials are not accredited by any institution or by any agency of Govt. of India.
- In order to evaluate their learning, ATM Representatives can take up online Quiz. Successful ATM Representatives are provided an online certificate. Please note these certificates are not recognised by any institution or by any Govt. body . These certificates are only an indicator of some fundamental learning which has taken place.
- In case of any conflict of translation of any of the learning material contained in the Regional, National, International or English language, the English version shall prevail.
- Users are recommended to buy ATM E3 PACKAGE only if they feel that the full package is important and useful for them.
- People are encouraged to buy our products only if they are primarily willing to learn our designed Course or willing to avail the Tour. People participating in our program just to take the benefit of our incentive plan are highly discouraged.
- Commissions / Incentives are not the right of any ATM Representatives, however, purchased products would be served or can be availed during the purchased period .
- In order to take the benefit of all the sales in Group compensation plan on continuous basis you must fulfill all conditions mentioned in our business section. Failing in any one would result in accumulation of further sales which may also lead to termination of contract.
- People who have tremendous skills and selling abilities, only make money in ATM LEARN and GROW Plan. Very little percentage of people either possesses these abilities or develop them, so we encourage people to buy our products / services only if they are useful to them only as earning incentives might be difficult for many of them.
- Please note here again that we are charging for our products / services only.
- All Diamond and above ATM Representatives are expected to promote ATM Business
- ATM mission with full zeal and enthusiasm on full time basis and expected to periodically organize Product / Business meetings regularly and not to indulge in any other business directly or indirectly without prior approval of the company, failing which will lead to denial of all pending, forthcoming as well as on going commission without any notice. The decision of the company in this regard would be final and shall be binding on the ATM Representatives.
- All Diplomat and above ATM Representatives are expected to promote ATM Business
- ATM Mission with full zeal and enthusiasm on full time regular basis and expected to periodically organize Product / Business Plan meetings and Business Building seminars. Development Program in a month should be conducted / organized to teach
- train to their Leaders about the existing Terms and Conditions / FAQs / Updates /
Changes on our website and Development of various required skill for promotion of our Business / Mission.
- It is the duty of the Selling ATM Representative to provide correct information and follow all the rules of the company. Also it is the duty of the Purchasing ATM Representative to verify all the information given to him by visiting our website [www.atmkaro.in]. Company will not be responsible for any wrong information given by Selling ATM Representative which is accepted by the Purchasing ATM Representative without verification. However, if a written complaint against the Selling ATM Representative is send to us about promoting wrong information, this may amount to warning or termination from the Business of the Selling ATM Representative without any compensation. Any loss occurred to the Purchasing ATM Representative due to wrong information provided by the Selling ATM Representative, which is accepted by the Purchasing ATM Representatives without verifying / visiting our website www.atmkaro.in would be the responsibility of the Purchasing ATM Representatives. Company will not be responsible if anybody has purchased our product by accepting wrong information, i.e without verification from company website, as every information is clearly available on the website of the company.
- While selling our products / services it is the duty of the Selling ATM Representative to properly Demonstrate / Explain our products and services to the Purchasing ATM Representatives and explain them very clearly that all our Educational Packages are designed for self-learning only by using computer and internet at their own cost. Since commissions for sales are involved in our system so it is the duty of the Selling ATM Representative to Demonstrate / Explain very clearly our Educational courses on computer using internet from any nearby available resource to the Purchasing ATM Representatives and must guide them to go through our LEGALS (Terms and Conditions) and FAQs available at our website www.atmkaro.in before Purchasing our products / services. Our products / services should only be purchased if Purchasing ATM Representative is totally satisfied with our PRODUCT / SERVICES, LEGALS (Terms and Conditions) and FAQs. After selling our product / services a DECLARATION must be signed in by the Purchasing ATM Representative on the Invoice Form. Please note that company will not accept any payment without duly signed in DECLARATION on the Invoice Form by the Purchasing ATM Representative. The Selling ATM Representative must verify on the Invoice Form the signatures of the Purchasing ATM Representative and his / her age, which should be at least 18 yrs. Any failure of duties in this regard would be the responsibilities of the Purchasing / Selling ATM Representative.
- The sale of our Packages should only be made to the people who after “Demonstration” feel satisfied and think that they can get enough learning / benefits from our Packages. Any legal problem raised due to violation of this will be the responsibility of the Selling ATM Representative and company will not be responsible in any ways.
- Any sale done against the Terms and Conditions of the company by way of misrepresentation or otherwise solely for the purpose of earning commissions is not allowed and any Legal problem or losses arises due to this will completely be the responsibility of the Selling ( Sponsoring ) ATM Representative.
- It is the duty of the Selling ATM Representative to verify age of the Purchasing ATM Representative and see the authenticity of the signatures of the Purchasing ATM Representative on the Invoice Form. It is the duty of the Purchasing ATM Representative to satisfy with the contents of the DECLARATION on the Invoice Form very carefully before signing as after signing the DECLARATION, it will be binding on the Purchasing ATM Representatives. Being the global company we do not have control over the functioning of each and every ATM Representative so this is the duty of the Selling ATM Representative to see the authenticity of the signatures of the Purchasing ATM Representative on the Invoice Form or any other documents and also it is the duty of the Purchasing ATM Representative to provide us the correct DECLARATION. Any Legal problem arises due to wrong signatures or wrong DECLARATION will be the responsibility of the Selling and Purchasing ATM Representative and Company will not be responsible in anyways.
- No ATM Representative can sell directly or indirectly to other ATM Representatives and Guests CDs, DVDs , Books, Presentation files or other materials produced by any ATM Representative. This is very serious matter as nobody can sell any material to other ATM Representatives for promoting ATM Business / ATM Mission. Any ATM Representative found to violate this rule would face immediate suspension / termination along with the producing ATM Representative, from the incentive plan.
- ATM Business / Mission must be promoted with Honesty, Passion, Truthfulness, Kindheartedness and Love.
- ATM Representatives can contribute money with the involvement of the Company for the production of the promotional material developed by ATM Representatives or by the Company to distribute to other ATM Representatives / Guests at Free of Cost for promotion of ATM Business / Mission. It is to be noted that the promotional material produced by ATM Representatives cannot be sold to other ATM Representatives directly or indirectly in any circumstances.
- Once any ATM Representative earns commission becomes Business ATM Representative of the company.
- Any “ATM Representative” cannot join / commence any other Business of similar nature directly or indirectly or through any other closely related family persons or any entity controlled by himself / herself during the subsistence of this contract or for a period of at least three months after the expiry of his / her agreement with the company. Even after expiry of three months such ATM Representative (if any) cannot work with the existing ATM Representatives / Business ATM Representatives of the company for conducting / commencing the Business of similar nature. Violation of this will be viewed as a serious misconduct and will be subjected to severe legal action to be taken by the Company and directly by the affected ATM Representatives / Business ATM Representatives both under the Civil Law and Criminal Law.
- No ATM Representative in any circumstances is allowed to use ATM Representatives for conducting / commencing any Business of any nature during or after expiry of his contractual agreement with ATM. Violation of this will be viewed as a serious misconduct and will be subjected to severe legal action to be taken by the company and directly by the affected ATM Representatives / Business ATM Representatives both under the Civil Law and Criminal Law.
- In case of product transfer, it is the responsibility of the transferor to provide all the information about our LEGALS (Terms and Conditions), FAQs and the purchased products / services to the transferee and also it is the duty of the transferee to get all the information provided by the transferor verified by visiting our website i.e. www.atmkaro.in. Company will not be responsible for any loss or damage to the transferee on account of any false commitment or misrepresentation made by transferor which is accepted by the transferee ATM Representative without verification. The company will not defend any ATM Representative or any Business ATM Representative before any judicial body or semi judicial body or before any other Law enforcement agency if such an ATM Representative or Business ATM Representative is found indulged in any violation of Terms and Conditions of This contract or found indulged in criminal activities or found committing illegal activities under the cover of promotion of products of the company. The company will not conceal any personal and work details of such an ATM Representative or Business ATM Representative from the Law enforcement agencies.
- All Purchasing ATM Representatives would be deemed to have accepted all our Terms and Conditions given in LEGALS (Terms and Conditions) and FAQs by checking the CHECK BOX and SUBMITING it during the Registration process. However, in order to make double sure Signed DECLARATION is required on the Invoice Form by the Purchasing ATM Representative duly authenticated by his / her Selling ATM Representative, which will establish the said online acceptance of all our Terms and conditions given in LEGALS (Terms & Conditions) & FAQ.
- If Purchasing ATM Representative is signing Declaration on the Invoice Form in any Language other than English, Selling ATM Representative must ensure that Purchasing ATM Representative has clearly understood our LEGALS (Terms & Conditions), FAQs and the contents of our product. Any dispute arises in this regard would be the responsibility of the Selling ATM Representative.
- This is the responsibility of the Selling ATM Representative to make sure that the Purchasing ATM Representative who wish to purchase Educational packages must possess reasonable understanding of English language and make sure that he / she understands our LEGALS (Terms and Conditions), FAQs and contents of our Products very clearly.
- ATM Representatives who have purchased Educational package must learn our Online / Offline courses and utilize all our on-line services using computer and internet at their own cost within the period of purchase. Company will not be responsible in anyways if our courses are not learnt by any one of our ATM Representatives within the period of purchase.
- In Business / Product Meetings / Seminars, Presenting ATM Representatives must promote ATM Business / Mission as per our LEGALS (Terms and Conditions), FAQs and Business Plan and as per the information given on our website (i.e www.atmkaro.in). Presenting ATM Representatives / Selling ATM Representatives must explain / demonstrate our Educational products very clearly and must explain how to access / use them. Company will not be responsible for any Legal problem arises due to misrepresentation or wrong commitments by Presenting / Selling ATM Representatives.
- In order to attract New Guests and encourage / motivate them to learn / promote our Business company may provide Sales Promotion Materials / Handsets / Recharge Bouchers / Tools / Aids for Computer Literacy / Business Promotion / Publicity / Canvassing during various Meetings / Conventions / Seminars / Contact workshops / Free Literacy Camps and other Social Welfare / Development program organized by the company, its ATM Representatives or any other organization.
- If we receive any complaint from our ATM Representative that any one of our existing ATM Representatives is involved in misguiding / spreading misunderstanding about the company’s rules / policies / activities / functioning directly or indirectly or violating any rules and regulation of the company, then company reserves the right to suspend all pending, forthcoming as well as on going commission with immediate effect without any notice and would be prosecuted under the Civil / Criminal Law along with severe penalties. However, he / she will continue to enjoy our products for the purchased period.
- If it is proved that any such ATM Representative have not been involved in misguiding / spreading misunderstanding about the company’s rules / policies / activities / functioning directly or indirectly or violating any rules and regulation of the company and also found to be obeying all the FAQs, and company is convinced about his / her work towards promotion of Mission / Business, the suspended commission may be released. If company is not satisfied with the work of such ATM Representatives for the suspended period but convinced that now such ATM Representatives have started working honestly for promotion of Business / Mission, the ongoing commission may be released but the commission for the suspended period will be disallowed.
- Any ATM Representative found not to perform any activity required to promote ATM Business / Mission or found to indulge in any anti-Company activity would automatically lose their right of doing business with us. His / her all pending, forthcoming as well as ongoing commission would be disallowed.
- Any anti-social activity / manhandling to any ATM Representative by any other ATM Representative would automatically disqualify forever from all pending, forthcoming as well as on going commission. However, ATM Product could be enjoyed till the purchased period.
- Purchasing ATM Representative willing to participate in our optional Business / Mission Plan must understand that Selling / Learning to Sell is the most difficult task and Teaching / Training the Sale Force is even more difficult. Attending continuous Training Programs organized by the Company for Learning / Developing various skills have proved very helpful for promotion of our Business / Mission.
- Paid ATM packages / services should only be sold to the Person who has the affordability and understanding the usage of Purchased Package. Any problem arises due to its violation would solely be the responsibility of the Selling ATM Representative.
- Compulsory meetings organized by the company are mandatory and non-attendance to such meetings would attract immediate suspension / termination or penalty of any nature depending on the circumstances of the case. The decision of the company in this regard would be final and the sole discretion of the company.
- While working with the company or even after the termination of agreement / contract as a Business ATM Representative, you still need to follow all the applicable conditions and you should not divulge the important and secret information pertaining to our Business to anybody either inside the company or any outsider. In case the management found misconduct of divulging any information, technical knowhow and the secrets of our Business, you will be subjected to severe Legal course of action.
- Any ATM Representative / Business ATM Representative is not permitted to discuss any other matter which is not related to ATM services, while communicating (via any mode) with ATM staff members / employees and is not allowed to take the personal phone numbers / email ids / addresses etc. of ATM staff members / employees for any purposes and not allowed to meet privately with any ATM staff members / employees, violation of this would amount to immediate termination from the Business Program of the company, however, products would be given for the purchased period.
- Any ATM Representative / Business ATM Representative is not permitted to discuss any other matter which is not related to ATM services, while communicating (via any mode) with ATM staff members / employees and is not allowed to take the personal phone numbers / email ids / addresses etc. of ATM staff members / employees for any purposes and not allowed to meet privately with any ATM staff members / employees, violation of this would amount to immediate termination from the Business Program of the company, however, products would be given for the purchased period.
- ATM is an optional Home Based Business opportunity, hence no ATM Representative / Business ATM Representative is allowed to promote ATM Business opportunity in their respective colleges / Institutes / Universities and work places. Violation of this will be seriously viewed and if found guilty would attract immediate termination from the Business program of the company.
- We may add / delete any existing Products / Services at any time and may amend existing Terms and Conditions / Agreement at any time due to any reasons which are in the interest of Company’s Business / Mission and the decision of the company in this regards would be final. During the subsistence of the agreement or thereafter, if any amendment / amendments are made then the effect of such amendments will be retrospective.
- It is mandatory for all the ATM Representatives to visit our website [www.atmkaro.in] at least once in a week to see the recent Changes / Modifications / Updates and seek clarification (if needed).
- Company reserves the right to change the Business Plan in case Govt. Policy / Law in force changes.
- Non-attendance of any Gold / Diamond / Diamond and Above ATM Representatives meet as announced by Aabhakran Trade-Link Marketing Pvt. Ltd. would amount to immediate suspension / termination of all the ongoing commissions without any prior notice.
- If it is found that you are enjoying / sharing commission of any active / non-active ATM Representative, you would face immediate suspension / termination from the incentive plan.
- Use of ATM Products/Business is available only to persons who are active ATM Representatives. ATM reserves the right to terminate your registration and refuse to provide you with access to ATM products/services if it is brought to ATM’s notice or if it is discovered that you are under the age of 18 years.
- All Diamond and Above ATM Representatives must send AFFIDAVIT to ATM office within 30 days from the day they have achieved new designation otherwise all the ongoing sales would not be added and all pending, forthcoming as well as ongoing commission would be stopped without any prior notice.
- If it is found that any Business ATM Representative is not promoting ATM Mission / Business for 90 days, his / her all pending, forthcoming as well as on going commission will be stopped, however he / she will continue to enjoy the purchase products / services for the entire purchased period.
- Any Task / Work assigned by the Board of Directors of Aabhakran Trade-Link Marketing Pvt. Ltd. during any meeting is mandatory and non-fulfillment of the assigned task / work will be dealt seriously and it will lead to denial of all pending, forthcoming as well as on going commission without any prior notice.
- ATM Representatives ( students / unmarried males / unmarried females ) or Guests (students / unmarried males / unmarried females ) must inform their parents about their ATM activities and seek their prior permission for attending any ATM meetings / seminars, failing which will lead to immediate suspension of all pending, forthcoming as well as on going commissions. Company will not be responsible for any mishappening in violation of the above.
- All ATM Representatives must follow ATM discipline and respect each other during and after any event or otherwise. Strict action would be taken, If any ATM Representatives found involved in misbehaviours or any anti-social activities. Any wrong done towards any female Guest / ATM Representative by any male ATM Representative will be taken very seriously which may lead to termination of his position and / or his other closely related family position or any entity controlled by him. The decision of the president ATM in this regard would be final.
- Selling ATM Representatives are strictly warned not to accept / collect any cash payment from any purchasing ATM Representative or any other ATM Representative or any other person on behalf of Aabhakran Trade-Link Marketing Pvt. Ltd. If any Selling ATM Representative found indulged into this, then he / she would be terminated from his / her position and / or his / her other closely related family position or any entity controlled by himself / herself immediately and all the pending, forthcoming as well as on going commission with respect to these positions will be stopped without any notice.
- Each and every ATM Representative who has generated commission income must satisfy to the company that he has actually rendered services for the commission earned, failing which the commission earned would be denied.
- Even if the Business Selling ATM Representative have quit the company or have been terminated due to any reason, he/she would be liable for any Business developed / Sale made against the company’s policy or by way of any misrepresentation, cheating or fraud. Company will not be responsible for their acts.
- All Purchasing ATM Representatives are requested to verify the payment details as filled online during registration or as submitted in the Invoice Form carefully before sending signed in Invoice Form to ATM office.
Participation and Disclaimer.
Important- Read Carefully: Be sure to carefully read and understand all of the rights and restrictions described in this ATM Representative Participation, Disclaimer, LEGALS (Terms & Conditions) and FAQs (Frequently Asked Questions). ATM Representative will be asked to review and either accept or not accept the terms hereof.
- ATM Representative / User checking the CHECK BOX and submitting it during the Registration process while purchasing the products / services online is a symbol of your signatures that you accept the terms of the ATM Representative Participation and Disclaimer. This ATM Representative Participation and Disclaimer is a Legals Agreement / Contract between you [either an individual, company or a Legals entity] and the company and you are bound by the Terms and Conditions of this Agreement / Contract.
- To become an ATM Representative you must be at least 18 years of age and completed 10 grade of schooling. However, there is no qualification requirement or age bar to learn courses provided by us FREE or at NOMINAL COST.
- For protection / safeguard of company’s Business / Mission and to deal Legally with anti-company activities of the ATM Representatives / Business ATM Representatives, the company reserves the right to modify the Terms of Participation by the ATM Representative or prospective applicant for online Registration at any time and without prior notice to its ATM Representatives / Users / Prospective applicants. The effect of such modification will be retrospective. The services may be temporarily unavailable from time to time for maintenance or other reasons.
- For the avoidance of any doubt, under any circumstances, the company will not refund its ATM Representatives / Users / Prospective applicant any consideration paid by them towards any products or services of the company.
- Web Site Security Rules: ATM Representatives are prohibited from violating or attempting to violate the security of the company and its site, including without limitation to: i). Accessing data not intended for you or logging into a server or account which you are not authorized to access. ii). Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication, measures without proper authorization. iii). Attempting to interfere with service to any ATM Representative / User, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, or iv. Sending unsolicited information, including promotions and / or advertising of products or services.
- As a policy of General Rules, you will not use this site namely; www.atmkaro.in in order to transmit, distribute, store or destroy material in violation of any of the terms detailed herein this Agreement.
- The company is not responsible for any misuse or information or material provided, However the ATM Representative / User is responsible for any inaccurate information published on the registration form or any other material supplied to the prospective applicants.
- If the company believes in its sole discretion that any material information which may create liability for the company, the company may take any action that it deem prudent or necessary to minimize or eliminate its potential liability. The company reserves the right to send you emails. The company reserves the right to send the ATM Representative emails based on any information you have provided to us, or any information not related to the information you have provided to us. Any such email sent by the company is not spamming, illegal or unsolicited.
- If an ATM Representative / user chooses to delete his / her profile and / or terminate the Business relationship with the company, his / her profile will not appear in any search results. However, the company keeps the right to continue sending his / her emails in other fields, despite termination of Business relationship.
- ATM Representative further agree that the company reserves the right to suspend the payment of or forfeit the pay out of such Applicant[s] / ATM Representative[s] whose association are liable to be terminating them from Business program for committing such actions which are declared to be prohibited under this program or for non-fulfillment of any other action or terms or conditions under this program.
- The company at any point of time during the progressive running of the Web based business program by the ATM Representative or its prospective ATM Representatives reserve the right to terminate from Business Program without any prior notice or assigning any reasons thereof to such ATM Representatives / Applicants who joined under this program and are found guilty or are directly or indirectly indulge in recruiting their immediate family member or close relatives under their program by way of cross sponsoring / cross line jumping as embodied in the User Agreement policy and further participating in the organization of their own immediate family members / close relatives contrary to the company’s web based business program.
- It is also agreed that the company reserves the right to suspend the payment of or forfeit the pay out of such Applicant[s] / ATM Representative[s] whose Business association is liable to be terminated for committing such actions which are declared to be prohibited under this program or for non-fulfillment of any of the action or terms or conditions under this program.
- Exclusion of all damages to the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever [including , without limitation, damages for any injury to person or property, damages for loss of profits, business interruption, loss of business information, for loss of privacy for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any pecuniary or other loss whatsoever arising out of or in any way related to the use of or inability to use the web site, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any supplier has been advised of the possibility of such damages. This exclusion of damages shall be effective even if any remedy fails of its essential purpose. You will indemnify and hold harmless the company, its Directors, Officers, Employees, Agents and third parties from and against any claims, liabilities, losses, costs, damages or expenses [including attorney’s fees arising from misrepresentation on the part of an ATM Representative.