Introduction

Welcome to www.himalayasdigital.com (“Himalayas Digital/ Site”) operated by PulsePlay Digital Pvt. Ltd. (with its registered address at Sushma Cottage, Near TCV School, Ram Nagar, Dharamshala, Kangra, Himachal Pradesh, India -176215). These are the terms and conditions governing your use of the Site (“here in after referred to as Acceptable Use Policy “AUP”). By accessing Himalayas Digital through the website, you acknowledge, accept and agree to the following terms of the AUP, which are designed to make sure that Himalayas Digital works for everyone. This AUP is effective from the time you log in to Himalayas Digital. By accepting this AUP, you are also accepting and agreeing to be bound by the Privacy Policy.

1.  Using Himalayas Digital.

You agree and understand that www.himalayasdigital.com is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to goods and/or services. You further agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information. We recommend that you read our Safety tips before doing any activity on our site.

While making use of Himalayas Digital classifieds and other services such as event, stories, blog, tv, discussion forums, comments and feedback and other services interalia, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this AUP including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (herein after referred to as the Privacy Policy.) (Privacy Policy) The Privacy policy shall be read as part of this AUP and is incorporated in this AUP by way of reference:

• • ” Your Information” is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services and functionalities listed on Himalayas Digital www.himalayasdigital.com. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution, online information and publication of Your Information.
  • You agree that your listing, posting and/or Information :
    1. Shall not pertain to goods, services of which you are not the lawful owner or you do not have the authority or consent to ‘list’ which do not belong to you or you do not have the authority for.
    2. Shall not belong to another person and to which the user does not have any right;
    3. Shall not be defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
    4. Shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and /or services
    5. Shall not be harmful to children;
    6. Shall not infringe any patent, trademark, copyright or other proprietary rights;
    7. Shall not violate any law for the time being in force;
    8. Shall not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    9. Shall not impersonate another person;
    10. Shall not threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
    11. Shall not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    12. Shall not be patently false and untrue, and written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
    13. Shall not constitute an unfair trade practice;
    14. Shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
    15. Shall not distribute viruses or any other technologies that may harm Himalayas Digital or the interests or property of Himalayas Digital users or impose an unreasonable load on the infrastructure or interfere with the proper working of Himalayas Digital.
    16. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    17. Shall not be placed in a wrong category or in an incorrect area of the site.
    18. Shall not be placed in any other Himalayas Digital site except on the site that relates to the city in which you are located.
    19. Shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate Himalayas Digital Listing Policy.
    20. You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.
  • You agree that your listing, posting and / or Information :

If you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your Himalayas Digital account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the AUP remains applicable to you in the same manner as if you are a registered user on the Site.

You (the Seller) agree to provide the following information:

• • • Contractual information pertaining to the goods, if any.
    • Total price of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges and the applicable tax.
    • All mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable.
    • All relevant details about the goods and services offered.
    • The name and contact numbers, and designation of the grievance officer of the Seller
    • Whether registered entity
    • Physical address
    • Rating/aggregated feedback

The Sellers represent and warrant to Himalayas Digital that all the content pertaining to the goods/services by posted are accurate. Any advertisement, Post shall be consistent with the actual characteristics, access and usage conditions of such goods and services.

2. Eligibility

Use of www.himalayasdigital.com , either by registration or by any other means, is available only to persons, who are Citizens of the Republic of India, who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access Himalayas Digital, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

3. Content

The Site contains content which includes Your Information, Himalayas Digital information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Himalayas Digital copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us by clicking here support@himalayasdigital.com.

We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Privacy Policy or of any party’s rights or law.

4. Liability

You agree not to hold www.himalayasdigital.com or any of its officers, employees, agents responsible or accountable for any of your or other user’s listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in these terms.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

5. Charges for registration

Initially, Himalayas Digital shall not charge any amount for advertising and distributing information pertaining to goods and/or services on this site. But shall charge the amount after a short period of time which shall be notified through an update on www.himalayasdigital.com website.

6. Personal Information

By using Himalayas Digital, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by Himalayas Digital. The data is stored shared vendor cloud servers. By submitting your resume with your replies, you give permission to Himalayas Digital to publicly display your resume which can be freely accessed by anyone. You also agree to receive marketing communications from us unless you specifically indicate otherwise in writing to us through support@himalayasdigital.com . You may send questions about this policy to support@himalayasdigital.com.

You agree that Himalayas Digital may use information shared by you to provide customer services and to understand if any other services or advertisement listed on Himalayas Digital website may interest you.

You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, Himalayas Digital, including its subsidiaries and associate companies.

You agree that on receipt of a written request from a person who has purchased goods or services, in accordance with law, Himalayas Digital may need to provide details of the Seller including:

• • • Address of headquarters and all branches
    • Name and details of seller’s website
    • E-mail address of Seller
    • Other information necessary for communication with the Seller.

7. Updates to this AUP and other terms and policies

We may update this AUP or the privacy policy at any time and may notify you of such updates via a post on the boards and /or through email communications. The modified AUP and /or privacy Policy shall come into effect immediately. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this AUP shall continue to apply.

You will also receive an e-mail once a year notifying you of any change to these Terms.

You agree to receive an email at least once a year informing you that in case of non-compliance with the Information Technology (Intermediaries Guidelines) Rules, 2011, these terms, policies, we have the right to terminate access or usage rights of users immediately or remove non-compliant information, or both.

8. Violations by User

You agree that in the event your listing, posting or your information violates any provision of this AUP or the privacy policy, we shall have the right to disable the offending content, terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.

If any such content posted by you is disabled or removed, we shall provide you with a notification explaining the action being taken. You shall be given reasonable and adequate opportunity to dispute the action being taken and to request reinstatement of the access to such removed content. The Grievance Officer shall be overseeing this process.

Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the appropriate government or its agency, we shall not host, store or publish any unlawful information which is prohibited under any law for the time being in force in relation to the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, in relation to contempt of court, defamation, incitement to an offence relating to the above or any information which is prohibited under any law for the time being in force.

If any such information is being hosted by us, we shall remove or disable access to that information no later than 36 hours from the receipt of the court order or on being notified by the Appropriate Government or its agency.

We shall, within no later than 72 hours, also provide any information in our control or possession, to the appropriate government agency, for the purpose of verification of identity or for the prevention, detection, investigation or prosecution of offences under any law for the time being or for cyber security incidents.

9. Third Party Content and Services

Himalayas Digital may provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. Himalayas Digital makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

Further, user’s interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

10. Abuse of Himalayas Digital Services

You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by clicking on the following link support@himalayasdigital.com to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP. In the event you encounter any problems with the use of our site or services you are requested to report the problem by clicking on this link support@himalayasdigital.com.

We have also appointed a Grievance Officer under Grievance Redressal whose details are in the separate blog of this website.

11. Indemnity

The User agrees to indemnify and hold Himalayas Digital its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

12. Governing Law & Jurisdiction

This AUP and the Privacy Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Himachal Pradesh shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.

13. No Buying and Selling of products or services by users

Himalayas Digital is not a platform to buy and sell products or services online by it’s registered users / browsers.

Registered users can list products or services that they intend to sell.

Users can search for products or services that they are interested to buy. Products, services, information, blogs and other information may be listed on Himalayas Digital.

Himalayas Digital is not responsible for the authenticity of products or services listed on it’s platform and does not verify any information.

14. No Guarantee of Business:

Himalayas Digital does not guarantee business from the leads generated. Himalayas Digital shall not be responsible or liable at all to the Advertiser if no business or business leads are generated for the Advertiser through premium ads on the Website. Advertiser understands that Himalayas Digital’s only obligation is to place the premium ads on the Website in the manner provided for in these Terms. Accuracy of the information/content provided is the advertiser’s responsibility and Himalayas Digital will not be held responsible for false claims made by the advertiser.

15. Himalayas Digital Jobs:

1. 1. As a job-seeker you agree that Himalayas Digital will not be responsible for any payments made to a third-party (including verified companies).
   2. As a recruiter you agree that misuse or fraud use of this platform will result in deactivation and/or further action. You also agree to adhere to all job posting rules.

16. Advertiser Obligations:

Advertiser agrees to make all payments due to Himalayas Digital in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop-payment instructions in respect of such cheques. The Advertiser recognizes that Himalayas Digital has the right to take action under the Negotiable Instruments Act 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents and warrants that (i) it is a bona fide business organization or individual carrying on business in relation to the items disclosed to Himalayas Digital, (ii) it has the right to use the trademarks it claims to have the right to use (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and (iv) all Classified(s) provided to Himalayas Digital is/are and shall at all times be accurate and complete, and entirely lawful. The Advertiser shall bear complete responsibility for the quality of its goods and/or services, and Himalayas Digital shall bear no responsibility for the same. The Advertiser agrees to be bound by all applicable policies of Himalayas Digital relating to Classifieds and the Website, and the Advertiser grants to Himalayas Digital a worldwide intellectual property license (including a copyright and trade mark license) relating to all intellectual property rights in the Classified(s) to do any acts in relation to the Classified(s) which Himalayas Digital may deem necessary to full fill its obligations.

17. Notice of Infringement of Intellectual Property

1. 1. Himalayas Digital is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties
   2. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may write to us at support@himalayasdigital.com to delete the relevant Content in good faith.

18. Himalayas Digital Paid Advertising Services

1. 1. We strongly recommend our users to exercise their discretion & due diligence about all relevant aspects prior to availing any products/services. Please note that Himalayas Digital Paid Advertising services does not implicitly or explicitly endorse any product/s or services provided by advertisers/service providers.
   2. The information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with Himalayas Digital. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer Registration Form.
   3. Service providers at all times ensure that all the applicable laws that govern their profession are followed while rendering their services.

19. Miscellaneous:

1. 1. “If all premium ads available to the advertiser under the subscription scheme are not used / availed of during the period of these terms, the unutilized units shall be forfeited – no refund shall be made and neither can the unutilized credits be carried forward.”
   2. Premium ads are prioritized over free ads on the website on search and browse pages. The sequence in which premium ads are displayed will be controlled by Himalayas Digital. The advertiser shall not have a say in determining the sequence in which ads are displayed within the set of premium ads matching a user’s search query/browse intent.
   3. Banner slots will be provided as per the details mentioned in the contract form. Banner slots will be shared between Himalayas Digital advertisers who have subscribed for a particular slot and the banners will be displayed on a rotational basis. A banner will be displayed only after seeking approval from the advertiser. Himalayas Digital does not provide any guarantees of impressions or clicks for the client banners.
   4. The advertiser acknowledge that any liability/claim in respect of the products or services promoted through the Advertisements under the scope of this Agreement shall be solely to the account of the advertiser. It is agreed that in case of any claims in respect of the same against Himalayas Digital, the advertiser shall indemnify Himalayas Digital  against all such claims and damages.
   5. Advertiser shall procure and keep valid all necessary licenses, permissions, authorizations, consents, approvals and registrations with/from any government department, agency or authority required for it to perform the Services in accordance with this Agreement and bear sole and exclusive responsibility for all compliances with such licenses permissions, authorizations, consents, approvals and registrations.
   6. Himalayas Digital doesn’t support sellers to sell imported products, electronic items on its platform, through any means. If at all any such product is being listed or sold on Himalayas Digital Website, Himalayas Digital is not responsible.
   7. Himalayas Digital is not responsible for the Quality of any of the products or services or information thereof for a given ad or listing.
   8. Himalayas Digital reserves the right to vary the number of leads delivered against listing packs from time to time without prior notice or intimation.