We therefore request you to read these terms of service (“Terms”) carefully and the privacy policy (“Privacy Policy”) set out on the Website. The Terms and Privacy Policy displayed on the Website, once accepted by you, becomes a legally binding contract between you and Us. Your use of the Website, purchase of any Products displayed on the Website, it a clear indication that you have completely agreed to the Terms and Privacy Policy of the Website and all the rules, policies, procedures relating to the services provided by Himalayan Trooper, including in relation to the use of the Website, that may be amended from time to time without providing any notice to you. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website please call us on +91 8850120879.
Reference to the term “You” on this Website shall mean you individually or in the event you are accepting the Terms and Privacy Policy on behalf of any company or body corporate or such other legal entity, it shall also mean and include such entity. In order to use the Website and accept the Terms and Policy of the Website, you are required to be of 18 years or above or in the event the same is being done on behalf of a company or such other legal entity, you shall be authorized by such legal entity to do such acts on behalf of them. If you do not meet these requirements or do not agree to these Terms or the Privacy Policy, you may not create an account or use the Website. Himalayan Trooper reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified Himalayan Trooper for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of Your Login ID and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified Himalayan Trooper for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
You understand that all designs, information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through Himalayan Trooper (“Content”), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights. Himalayan Trooper shall always make its best efforts to safeguard the interest and the rights of the designers with regards to their respective artwork.
We request you to note that Himalayan Trooper does not prescreen any of the Content or Products that are uploaded on the Website and therefore will not be in a position to examine or evaluate the same inter-alia in terms of its accuracy, usefulness, safety, or such other features. Himalayan Trooper only provides an online platform for the artists to display their creativity, sell their Products inter-alia on the Website, and benefit to the best out of it. In doing so, we request you to be legally compliant as required under applicable laws since we do not check so as to whether they have obtained all required rights to do so.
Further, Himalayan Trooper does not own any of the intellectual property rights, including copyright, over the designs, contents, and Products displayed for sale on the Website as the same are completely owned by such designers uploading the same or their assignees. Himalayan Trooper only provides a platform that would facilitate the purchase and sale of the Products uploaded by the designers and do not own any content or have any other rights over the same. The user hereby agrees that a claim being made in relation to the intellectual property rights of the contents/designs/Products uploaded on the Website will be made directly against such designers who have uploaded it, and Himalayan Trooper shall not be responsible or liable in relation to the same.
It shall be the sole discretion of Himalayan Trooper to prescreen the design/content/Product uploaded on the Website. However, it is to be noted that Himalayan Trooper does not have any obligation to do so. If You believe in good faith that any content or Products made available through the Website infringes upon Your intellectual property rights, You may submit a notice of claimed infringement to us in writing to our designated Intellectual Property Rights Agent at [•].
So long as you comply with these Terms, Himalayan Trooper hereby grants You a limited, non-exclusive, revocable, non-transferable license, without the right of sublicense, to use the Himalayan Trooper services solely for their intended purpose as illustrated under these Terms. While using the Website, you agree to:
- Provide and maintain and update Your account information and keep it true, accurate, current, and complete at all times.
- Ensure that Your access to the Website is not illegal or prohibited by laws that apply to you.
- Take Your precautions to ensure that the process that You employ for accessing the Website and any linked websites does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system.
While availing the services offered by Himalayan Trooper, you agree and accept that We are only providing You a platform to upload the contents/designs/Products uploaded by the designers. We are, therefore, not responsible or liable for any claim that may arise from You or any third party who has purchased any Products or otherwise, since the agreement for the same is only between You and the designer/artist. It is to be noted that the consideration paid by You for the purchase of the Product uploaded on the Website will be directly made by to the designer/artist, and Himalayan Trooper shall have no role to play apart from providing a platform for enabling Your transaction with the designer.
CREDIT CARD DETAILS
You agree, understand, and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate, and you shall not use the credit card which is not lawfully owned by you, i.e., in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not store any information related to your Credit card/Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed, and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event for any credit card fraud that occurs to you. The liability for the use of a card fraudulently will be on you, and the onus to ‘prove otherwise’ shall be exclusively on you.
FRAUDULENT/DECLINED TRANSACTIONS
Our payment partner’s (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law, and we reserve the right to recover the cost of goods, collection charges, and lawyer’s fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, before the initiation of legal actions, we reserve the right to immediately delete such user accounts and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
ELECTRONIC COMMUNICATIONS
When you visit Himalayan Trooper, place an order with us, deal with us in any form via e-mails, feedback, calls or any other mode of communication in last 4 years, you are permitting us to communicate Himalayan Trooper promotional offers to you via mail/message/any other mode of communication. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SMS COMMUNICATION
On registering in the Website, you agree that we may use your registered mobile number on the Website to send Transaction related and other publicity related SMS to you. You also grant us permission that we may send you any Transaction related SMS irrespective of having DND services activated on your mobile.
YOU AGREE AND CONFIRM
1. That You shall use the services provided by us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Website and transacting on the Website.
2. You shall provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.
3. That You shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.
YOU AGREE AND CONFIRM THAT YOU SHALL NOT USE OUR WEBSITE FOR ANY OF THE FOLLOWING PURPOSES
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Infringing the intellectual property rights of any third parties.
3. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
4. Gaining unauthorized access to other computer systems.
5. Interfering with any other person’s use or enjoyment of the Website.
6. Breaching any applicable laws, rules or regulations.
7. Interfering or disrupting networks or web sites connected to the Website.
8. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
MODIFICATION OF TERMS & CONDITIONS OF SERVICES
We may at any time modify the Terms of our Website without any prior notification to you. You can access the latest version of the Terms at any given time on our Website [Link of T&C page]. You agree to regularly review the Terms on our Website. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so from My Accounts section. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.
GOVERNING LAW AND JURISDICATION
These Terms shall be construed in accord with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.
In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by Himalayan Trooper and such Arbitrator’s decision shall be final and binding on You. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in New Delhi.
REVIEWS, FEEDBACK, SUBMISSIONS
We are constantly aimed at increasing the quality of our services and open to your valuable reviews and feedbacks. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Website, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our Website. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
INDEMNITY
You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive in perpetuity the expiry or termination of these Terms of Use.
TERMINATION AND SURVIVAL OF THE TERMS AFTER THE TERM ENDS
Himalayan Trooper may terminate these Terms at any time. Without limiting the foregoing, Himalayan Trooper shall have the right to immediately terminate any your password or account or block your IP address, in the event of any conduct by you, which Himalayan Trooper, in its sole discretion, considers to be unacceptable, or in breach of these Terms. You may terminate these Terms at any time, provided that you immediately discontinue any further use of our Website. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.
LIMITATION OF LIABILITY AND DISCLAIMERS
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, We shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to INR [•]) . We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and / or uninterrupted. Consequently, [www.himalayantrooper.com] assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
WEBSITE SECURTIY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Himalayan Trooper may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
ENTIRE TERMS
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and [www.himalayantrooper.com] with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the [www.himalayantrooper.com]. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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