Last updated: 16/01/2021

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.himalayacalling.com website .

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

You hereby release and forever discharge the owner and his officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or any services purchased from the site or any services purchased with the information provided from this site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Owner or owner’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights.

DISCLAIMERS

The site is provided on an “as-is” and “as available” basis, and the owner and his suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  HE and his our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event shall the owner or his suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if the owner has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of Indian Rupee One Hundred. The existence of more than one claim will not enlarge this limit.  You agree that his suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  The owner will not have any liability whatsoever to you for any termination of your rights under these Terms. 

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

LINKS TO OTHER WEB SITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the owner.

The owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

USER CONDUCT ON WEBSITE:

  1. You shall solely be responsible for maintaining the necessary computer or mobile equipment and Internet connections that may be required to access, use and transact on the Website.
  2. You acknowledge that you only have a limited right merely to use the Website and that you have no right to modify any part of the Website or reproduce, copy, distribute, sold, resold or access the same for commercial purposes illegally.
  3. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website. You shall use the Website, and any voucher/coupons/credit points/other benefits obtained through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
  4. You may not use any meta-tags or any other “hidden text” utilizing the owner’s Website or its affiliates’ names or trademarks or logo without the express written consent of The owner/ Website and/or its affiliates, as applicable.
  5. You must not use the Website for any of the following:
    1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
    2. to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety; or
    3. Use or reproduce the exclusive Intellectual Property of the The owner in any way without written consent from the The owner.
  6. The User hereby assumes the sole risk of making use or relying on the information relating to the Services available on this Website. The owner does not promote any blogger/supplier/service provider mentioned on the Website. It is User’s responsibility to check the details of the blogger/supplier/service provider mentioned on the Website at its sole discretion.
  7. The owner has endeavoured to provide the most accurate, up-to-date information on this Website. However, the information, materials, Services available on Website may inadvertently include inaccuracies, typographical errors, or outdated information. The owner is not responsible for and shall not be bound to honor typographical or pricing errors on Website. The owner reserves the right to refuse or cancel transaction(s) at any time, including but not limited to the following transaction that contain incorrect prices or product descriptions, transaction in which the owner believes the User has violated applicable laws or Terms, transaction that the owner  believes are harmful to them or transaction that the owner believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. The owner neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. The owner expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. The owner shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, The owner  shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond owner’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website 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 or data. Owner accepts no liability for any errors or omissions, with respect to any information provided to the User.

PAYMENT AND FEE:

While availing any of the payment method/s through the link facilitated by the owner to the supplier/service provider, the owner will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:

  1. Lack of authorization for any transaction/s; or
  2. Exceeding the present limit mutually agreed by You and between “Bank/s”; or
  3. Decline of transaction for any other reason/s.
  4. The owner facilitates the payment through third party payment providers and supplier/service provider will receive payments from Users accordingly. The owner is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. The owner takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers or the supplier/service provider.

CANCELLATION

 No cancellations allowed, in case of cancellation, on case to case basis, credit note for the partial amount, only on the final payment shall be given for future use.

 COMPLIANCE WITH LAWS:

 User and The owner shall comply with all the applicable laws applicable to them respectively for using the Website and availing the Services.

 GOVERNING LAW AND JURISDICTION:

These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Chennai.

SUSPENSION, TERMINATION OR CANCELLATION:

The owner may suspend, cancel or terminate your account registered with us, with or without notices, if we believe in good faith that you breach any of these Terms and other policies.

MISCELLANEOUS:

 The Parties acknowledge and accept that this electronic format shall be deemed s acceptable means of communication for the purposes of these Terms. Here, Parties means the User and the owner.

These Terms constitutes the complete and entire agreement between the Parties on the subject of terms of use of the Website (save and except the other policies) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.

 If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of these Terms, which shall remain in full force an effect.

 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a change will be determined at our sole discretion.

CONTACT US

If you have any questions about these Terms, please contact us