Terms and Conditions
These are the Terms and Conditions of Use for The Himalayan Club website and online shop.
The term “The Himalayan Club” or “THC” or “us“, “our” or “we” refers to the owner of the Site, i.e. The Himalayan Club. The term “you” refers to you, the user or viewer of our Site or any of the Services.
Your continued use of our Site and Services following any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms, do not continue to use the Services or this Site.
3) Using THC online store
Our Site and Services are available only to, and may only be used by, individuals who are 18 (eighteen) years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 (eighteen) years may use this Site and our Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Your Warranties about your Use of the Site/ Services:
You warrant to us that you will not purchase any products through the Site which may be harmful based on your allergies and/or other medical conditions. You warrant to us that you will properly investigate whether the ingredients or the material of a particular product are suitable for you.
THC may assign, or require that you have, a password and username to enable you to use and access certain portions and features of this Site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site.
You agree to immediately notify THC of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that THC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
THC cannot and will not be liable for any loss or damage arising from your failure to comply with this sub-clause 3.
Termination of Service:
THC reserves the right to refuse its Services to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, THC may, but is not required to, impose transaction limits on some or all buyers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time.
THC will not be liable to any User/ buyer: (i) if THC, does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason; or (ii) if THC exits from such transaction.
A tentative delivery time will be given along with the formal order confirmation email. The exact delivery date shall be provided as soon as your order is ready for dispatch. You may check the status of your order using your respective tracking number.
4) License & Site Access
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by THC. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Site is not permitted.
You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the Site on any other server.
You many not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant THC all of the license rights granted herein; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under India or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.
5) Links to Third Party Sites
Our Site may contain links to web sites controlled, owned, and operated by affiliated companies, individuals and other businesses (“Third-Party Sites“). We do not control or endorse any Third-Party Site. We are not responsible for examining or evaluating information provided on the Third-Party Sites, and we cannot control and have no responsibility for the accuracy or availability of information provided on the Third-Party Sites. Your use of Third-Party Sites is at your own risk.
6) Intellectual Property
The Himalayan Club, the THC logo, and other THC graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks belonging to THC in India and/or other countries. THC’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any third party product or Services in any manner that is likely to cause confusion with THC’s product or Services.
Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit THC.
Other than user uploaded content, all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property THC and is protected by copyright laws. The compilation of all content on the Site is the exclusive property of THC and protected by India and international copyright laws.
7) Reviews, Comments and Feedback
Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide us (the “Submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such submissions using the tools provided to you by us on the Site.
In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than you or otherwise mislead us, our affiliates or third parties as to the origin of any Submissions. We have the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.
You agree not to, and will not assist, encourage, or enable others to use Submissions to:
- Offend us/ any other user/ the public, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
By sending us any ideas, suggestions, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against THC and its users any claims and assertions of any moral rights contained in such Feedback.
8) Return Policy
HC does not accept returns or refund amounts, unless the item/ product is faulty, damaged in transit or is not what you ordered.
Please see the Return Policy to understand how we accept returns/ exchange of products.
If a product is listed at an incorrect price or with incorrect information due to typographical error, THC has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, THC will issue an immediate and full refund for the transaction amount to the credit card charged.
9) Disclaimer and Warranties
The Site, the Services and the products purchased by you are provided on an “as is” basis. THC makes no other representations or warranties of any kind, express, implied, or statutory. THC, and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, merchants, and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from THC shall create any warranty.
HC has endeavoured to ensure that all the information on the Site is correct, but THC neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall THC be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any third party site; (d) including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages, arising out of or in any way connected with the use or performance of the Site or the Services.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the Site or the Services, and operation of the Site may be interfered with by numerous factors outside our control.
THC reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of The Himalayan Club. The Himalayan Club will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12) Applicable Law
13) Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting, or otherwise transmitting on our Site or in connection with the Services any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Indian Copyright Act 1957.
If you believe that any content on the Site may give rise to copyright infringement, please provide THC with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send notices to The Himalayan Club, 314 Turf Estate, Shakti Mills Lane, Off Dr E Moses Road, Mahalaxmi, Mumbai 400011 and mail at firstname.lastname@example.org
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.
14) Repeat Infringer Policy
THC may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15) Resolution of Disputes and Release
In the event a dispute arises between you and THC, please contact us at email@example.com and should you have a dispute with one or more user or an outside party, you release THC (and THC’s officer bearers, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute
All notices to users will be sent by e-mail or will be posted on the Site. We will send notices to users at the e-mail address maintained in the The Himalayan Club records/ on the user’s updated account on the Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received on the Business Day after transmission, if properly addressed to the intended recipient.
18) Contact Information