Terms of Use
Himalayan Run & Trek Pvt. Ltd. ("site") is published and maintained by HIMALAYAN RUN & TREK PVT. LTD., a company incorporated and existing in accordance with the laws of the Republic of India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below by the company. When you access any associate-site (whether belonging to a 'partner' of Himalayan Run & Trek Pvt. Ltd. or otherwise) through this site, then such associate-site may have its own terms and conditions of use which is specific to such associate-site.
As a prior condition to the use of Himalayan Run & Trek Pvt. Ltd., the user warrants that they will not use the Website for any purpose that is unconventional or illegal under any law.
In addition, this Himalayan Run & Trek Pvt. Ltd. shall not be used in any manner, which could damage, disable, overburden or impair the site or obstruct any other party's use of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
These Terms and Conditions of Use and any additional terms posted on Himalayan Run & Trek Pvt. Ltd. together constitute the entire agreement between Himalayan Run & Trek Pvt. Ltd. and the user with respect to the site usage by the user.
Site Access Restrictions
This Site is only for your personal use. User shall not distribute, exchange, modify, sell or transmit anything he/she copies from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
Content Copyrights
All materials on the site, including but not limited to audio, images, software, text, icons and anything that can be termed similarly (the "Content"), are protected by copyright under international conventions and copyright laws. A user cannot use the Content, except as specified herein. The user shall agree to follow all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks and trademarks found on this Site whether owned / used by Himalayan Run & Trek Pvt. Ltd. or otherwise. By displaying them on the Site, Himalayan Run & Trek Pvt. Ltd. is not granting the user any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
A user may download such copy/copies of the Content to be used only by you for your personal use at home unless the associate-site you are accessing states that you may not.
Protection of Third Party Rights
If this Site contains any communication facilities like bulletin boards, chat rooms, access to mailing lists or other message, the user shall agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, the user shall agree that when using the Site, the user shall not do any of the following:
- 1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- 2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- 3. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law.
- 4. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.
- 5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- 6. Falsify the origin or source of software or other material contained in a file that is uploaded.
- 7. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
Uploading User Content on the Website
The user is prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
Himalayan Run & Trek Pvt. Ltd. assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. Himalayan Run & Trek Pvt. Ltd. may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Himalayan Run & Trek Pvt. Ltd.'s policies in any way. Himalayan Run & Trek Pvt. Ltd. will fully cooperate with any law enforcement authorities or court order requesting or directing Himalayan Run & Trek Pvt. Ltd. to disclose the identity of anyone posting such materials.
HIMALAYAN RUN & TREK PVT. LTD. Rights on User Content
If the user sends any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Himalayan Run & Trek Pvt. Ltd., as non-confidential.
The user hereby gives up any and all claim that any use of such material violates any of his / her rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Himalayan Run & Trek Pvt. Ltd. uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Himalayan Run & Trek Pvt. Ltd. anywhere in the world, in any medium, forever.
Transmitted Material
Internet transmissions are never completely private or secure and Himalayan Run & Trek Pvt. Ltd. cannot guarantee complete security of the transmitted data. The user understands that any message or information that he / she sends to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to Himalayan Run & Trek Pvt. Ltd. does not cause Himalayan Run & Trek Pvt. Ltd. to have any special responsibility to you.
The copyright in the contents of this website belong to Himalayan Run & Trek Pvt. Ltd.. Accordingly, Himalayan Run & Trek Pvt. Ltd. reserves all rights.
Contests, Sweepstakes and Other Interactions
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate.
FORCE MAJURE Circumstances
There can be exceptional circumstances beyond the control of service operators like the airlines, hotels, the respective transportation providers or concerns where they may be unable to honor their confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. and by using the site you hereby agree to the knowledge of such circumstances. If Himalayan Run & Trek Pvt. Ltd. is informed in advance of such exceptional circumstances where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, only if supported and refunded by its respective service operators. Himalayan Run & Trek Pvt. Ltd. being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers will have to contact that service provider directly for any further resolutions and refunds.
In situations arising due to any technical or other failure in internal working of Himalayan Run & Trek Pvt. Ltd., where services committed earlier may not be provided or may involve substantial modification, Himalayan Run & Trek Pvt. Ltd. shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Himalayan Run & Trek Pvt. Ltd. against such non-provision of services or deficiencies. All other additional liabilities, if applicable, shall be borne by the User.
A user shall not hold Himalayan Run & Trek Pvt. Ltd. liable for any delays or inabilities in performance whether completely or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In case of occurrence of any such event, the affected user will be given notice in as less time as the situation permits.
In no event shall Himalayan Run & Trek Pvt. Ltd. and / or any of its partner service operators be held liable 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 or in any way connected with the use or performance of Himalayan Run & Trek Pvt. Ltd. or any other channels related to its partner service providers.
Disclaimer
The material in this Site might include technical inaccuracies or typographical errors. Himalayan Run & Trek Pvt. Ltd. may make changes or improvements at any time in the future.
The materials published on this site are provided on an "As Is" basis, without warranties of any kind either expressed or implied by Himalayan Run & Trek Pvt. Ltd. To the fullest extent permissible pursuant to applicable law, Himalayan Run & Trek Pvt. Ltd. disclaims all warranties of merchantability and fitness for a particular purpose.
Himalayan Run & Trek Pvt. Ltd. does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure our customer's fullest satisfaction.
Himalayan Run & Trek Pvt. Ltd. does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
The user acknowledges that this Website is provided only on the basis set out in these terms and conditions. User's uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Himalayan Run & Trek Pvt. Ltd. does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
User also acknowledges that through this Site, Himalayan Run & Trek Pvt. Ltd. merely provides intermediary services in order to facilitate highest quality services to you. Himalayan Run & Trek Pvt. Ltd. is not the last-mile service provider to you and therefore, Himalayan Run & Trek Pvt. Ltd. shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.
Himalayan Run & Trek Pvt. Ltd. shall not be held responsible for any misuse of the content posted on the site by a third party nor shall any liability be fastened on the site or the parent company Himalayan Run & Trek Pvt. Ltd. on the said count.
Himalayan Run & Trek Pvt. Ltd. will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, Himalayan Run & Trek Pvt. Ltd.'s liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).
Availability of Products / Services
The products and services displayed on the Site may not be available for purchase in particular country or locality of some users. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in a particular geographical location specified by the user. A user should check with his/her local Himalayan Run & Trek Pvt. Ltd. authorized representative for the availability of specific products and services in your area.
Modifications in Terms and Conditions of Use
Himalayan Run & Trek Pvt. Ltd. may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Himalayan Run & Trek Pvt. Ltd. may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Himalayan Run & Trek Pvt. Ltd. reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Himalayan Run & Trek Pvt. Ltd.'s systems as well as its clients' interests are and remain, well-protected. Towards this end, Himalayan Run & Trek Pvt. Ltd. may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
General Clauses
A user may travel to certain destinations which involve greater risks than others, entirely at his / her risk as to cost and consequences.
Himalayan Run & Trek Pvt. Ltd. requests the user to consult his / her local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations.
By offering for sale travel to particular international destinations, Himalayan Run & Trek Pvt. Ltd. does not represent or warrant that travel to such point is advisable or without risk. Himalayan Run & Trek Pvt. Ltd. does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
Himalayan Run & Trek Pvt. Ltd. reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. Himalayan Run & Trek Pvt. Ltd. shall have no obligation to take the needs of any User into consideration in connection therewith.
Himalayan Run & Trek Pvt. Ltd. reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.
No waiver by Himalayan Run & Trek Pvt. Ltd. of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
If any dispute arises between you and Himalayan Run & Trek Pvt. Ltd. during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be New Delhi, Delhi, India. The arbitration proceedings shall be in the English language.
The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.
These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, Delhi, India.
