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.
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:
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.
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.
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 email@example.com.
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 firstname.lastname@example.org . You may send questions about this policy to email@example.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:
7. Updates to this AUP and other terms and policies
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
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
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 firstname.lastname@example.org 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 email@example.com.
We have also appointed a Grievance Officer under Grievance Redressal whose details are in the separate blog of this website.
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
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:
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
18. Himalayas Digital Paid Advertising Services