Terms and Conditions

Welcome to Himalaya Wanderer!

These are the terms and conditions for: www.himalayawanderer.com

By accessing the Himalaya Wanderer website, (hereby “our website,” “Himalaya Wanderer website,” or “the website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these terms, then you may not use Our website and services. In these terms, “we,” “us,” “our,” and “Himalaya Wanderer ” refers to Himalaya Wanderer, and “you” and “your” refers to you, the user of our website and services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING, OR OBTAINING ANY MATERIALS, CONTENT, OR SERVICES.

ACCEPTANCE OF TERMS

These terms set forth legally binding terms. By using Himalaya Wanderer, you agree to be bound by these terms. If you do not accept the terms of this agreement, you should leave the Himalaya Wanderer website immediately. We may modify these terms from time to time, and such modification shall be effective upon its posting on Himalaya Wanderer. You agree to be bound by any modification to this agreement when you use Himalaya Wanderer after any such modification is posted; it is, therefore, important that you review these terms regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the services does not violate any applicable law or regulation. Himalaya Wanderer may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the website and the services is revoked in such jurisdictions.

ELIGIBILITY

You may use the website and services only if you can form a binding contract with Himalaya Wanderer and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of the services for children under 13 years is prohibited, and older children should be supervised and given appropriate guidance in their use of our website and content. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.

You represent and warrant that you have the full right, power, and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

BLOG DISCLAIMER

Himalaya Wanderer is a free-to-access website. In order to offset the costs of running this site, we accept forms of cash advertising, sponsorship, paid insertions, affiliates, and other forms of compensation.

Even though we work very hard to provide you with up-to-date information, we make no representations or warranties of any kind (expressed or implied) about the completeness, accuracy, reliability, suitability or availability of any information, products, services, or related images, photographs, graphics contained on Himalaya Wanderer website for any purpose. Our aim is to provide you with accurate information at the time of publishing, but some information will understandably be less accurate as time passes. Should you find any inaccurate information, please do not hesitate to contact us, and we can update said info as soon as possible.

LICENSE TO USE THE PLATFORM

Himalaya Wanderer gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Himalaya Wanderer as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Himalaya Wanderer in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software unless laws prohibit those restrictions or you have our written permission. The User agrees not to use the website negligently, for fraudulent purposes, or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Himalaya Wanderer website or third parties.

THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts, or other material that is owned by a third party, such as stock images, videos, and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses and may only be used as permitted by such terms and licenses.

BLOGGER’S COPYRIGHT

Unless otherwise stated, as above, all content on the Himalaya Wanderer website is the exclusive content of its owner. Please do not copy any content and pass it off as your own, as copyright infringement will occur.

GENERAL COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Himalaya Wanderer or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Himalaya Wanderer and is protected by international copyright laws. All software used on this site is the property of Himalaya Wanderer or its software suppliers and is protected by international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of these terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.

COPYRIGHT COMPLAINTS

Himalaya Wanderer respects the intellectual property of others and expects users to do the same. Himalaya Wanderer complies with the regulations and laws protecting intellectual property; any use or infringement of our content to the copyrights of third parties would only be made by mistake. At no time does Himalaya Wanderer intend to take unfair advantage of the copyrights of third parties.

If you believe, in good faith, that any materials provided on or in connection with the Himalaya Wanderer website infringe upon your copyright or other intellectual property right, please send the following information:

  1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  2. A statement specifically identifying the location of the infringing material, with enough detail that Himalaya Wanderer may find it on the Himalaya Wanderer website.  Please note: it is not sufficient to merely provide a top-level URL.
  3. Your name, address, telephone number, and e-mail address.
  4. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the website is accurate, complete, or up-to-date. The content of this website is provided for general information and entertainment purposes only. Any use of material provided on this website is at your own risk.

PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such Content and information, is proprietary to  Himalaya Wanderer or licensed to the Himalaya Wanderer by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or services obtained from or through the website. Additionally, you agree not to:

  1. Use the services or content for any commercial purpose outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Himalaya Wanderer;
  2. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to using any robot, spider, scraper, or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
  3. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
  4. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Deep-link to any portion of the services for any purpose without our express written permission;
  • “Frame,” “mirror,” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Himalaya Wanderer in connection with the services;
  • Circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict the use or copying of any Content; or

Download any Content unless it’s expressly made available for download by Himalaya Wanderer.

DISCLAIMER OF WARRANTIES

Himalaya Wanderer will provide its services with reasonable skill and care but does not give any guarantees, warranties, or representations in respect of any other person’s services.

Because of the nature of the Internet, Himalaya Wanderer provides and maintains the website on an “as is” and “as available” basis and makes no promise that the use of the website will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may, from time to time, contain links to other websites which are not under our control of and are not maintained by us. These links are provided for your convenience only, and we are not responsible for the content of those sites.

Except as provided above, we can give no other warranties, conditions, or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you, and if you use the website in breach of these terms, you will be liable to and will reimburse Himalaya Wanderer for any loss or damage caused as a result.

Himalaya Wanderer will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, war, or act of God.

These terms do not affect your statutory rights as a consumer, which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Himalaya Wanderer excludes liability for any loss or damage of any kind, howsoever arising, including without limitation any direct, indirect, or consequential loss whether or not such arises out of any problem you notify to  Himalaya Wanderer and  Himalaya Wanderer shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on Himalaya Wanderer.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to or alteration of your transmissions or data in circumstances that are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data, or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data, or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Himalaya Wanderer.
  • All representations, warranties, conditions, and other terms which but for this notice would have an effect.

HIMALAYA WANDERER AND THIRD PARTIES

Himalaya Wanderer contains Content of third-party licensors to Himalaya Wanderer, which is protected by copyright, trademark, patent, trade secret, and other laws. Himalaya Wanderer owns and retains all rights, titles, and interests in the Content. Himalaya Wanderer hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third-party Content located on or available through Himalaya Wanderer or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Himalaya Wanderer and using the Service.

Any dealings with third parties included within or on Himalaya Wanderer involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Himalaya Wanderer is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Himalaya Wanderer does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Himalaya Wanderer or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Himalaya Wanderer is provided to you for informational purposes only. Himalaya Wanderer encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Himalaya Wanderer works to ensure the information on Himalaya Wanderer is current and accurate.

NON-COMMERCIAL USE

The services and use of the website may not be used in connection with any commercial purposes except as specifically approved by Himalaya Wanderer. Unauthorized framing of or linking to any of Himalaya Wanderer’s content and services is prohibited.

SECURITY COMPONENTS

You understand that Himalaya Wanderer and software embodied within Himalaya Wanderer may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Himalaya Wanderer and/or content providers who provide content to Himalaya Wanderer. You may not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded into Himalaya Wanderer.

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Himalaya Wanderer for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

INDEMNIFICATION

You agree to defend and indemnify  Himalaya Wanderer from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this Agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the Himalaya Wanderer website.

CHANGES AND TERMINATION

We may change the website and these terms at any time, at our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms, and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users and visitors. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

PERSONAL DATA

Any personal information you submit in connection with the use of the website will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

Our Privacy and Cookie Policies are written according to The General Data Protection Regulation (GDPR – European regulation) and Section 43A and Section 72A of the Information Technology Act (2000) (“IT Act” – Indian regulation).

ASSIGNMENT

This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Himalaya Wanderer without restriction.

INTEGRATION CLAUSE

This Agreement together with the Privacy Policy and any other legal notices published by Himalaya Wanderer, shall constitute the entire agreement between you and Himalaya Wanderer concerning and governs your use of the services and website.

DISPUTES

You agree that any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Himalaya Wanderer website will be settled by binding arbitration between you and  Himalaya Wanderer, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Himalaya Wanderer are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Himalaya Wanderer otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. 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. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

FINAL PROVISIONS

These terms are governed by the law of Nepal. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.

Our performance of these terms is subject to existing laws and legal processes, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

The English version shall prevail over all legal statements and statutory declarations made by Himalaya Wanderer, including the present Agreement. Himalaya Wanderer does not accept any kind of legal claims or other complaints for misunderstandings as a result of any mistranslation.

Any rights not expressly granted herein are reserved!

 

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