Terms of use

 

 

This agreement applies between the procurer of services from Experience the Himalayas and Experience the Himalayas, the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

 

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

"Account"

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

"Content"

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

"Experience the Himalayas"

means Experience the Himalayas Limited, UK company number 07780911

"Service"

means collectively any online facilities, tools, services or information that Experience the Himalayas makes available through the Web Site either now or in the future;;

"Services"

means the services available for sale through this Web Site, specifically treks, jungle safaris, yoga and meditation courses, voluntary positions teaching English in a school, volunteering in an orphanage, city tours, and any activity package offered for sale.

"Payment Information"

means any details required for the purchase of Services from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Purchase Information"

means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

"System"

means any online communications infrastructure that Experience the Himalayas makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users"

means any third party that accesses the Web Site and is not employed by Experience the Himalayas and acting in the course of their employment; and

"Web Site"

means the website that you are currently using (www.experiencethehimalayas.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions

 

Intellectual Property

Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Experience the Himalayas, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Experience the Himalayas.

 

Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

 

Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Experience the Himalayas or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

 

Use of Communications Facilities

When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

You must not use obscene or vulgar language;

You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

You must not submit Content that is intended to promote or incite violence;

It is advised that submissions are made using the Spanish and English language as we may be unable to respond to enquiries submitted in any other languages. The means by which you identify yourself must not violate these terms of use or any applicable laws;

You must not impersonate other people, particularly employees and representatives of Experience the Himalayas or our affiliates; and

You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".

You acknowledge that Experience the Himalayas reserves the right to monitor any and all communications made to us or using our System.

 

Privacy

Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

 

Disclaimers

Experience the Himalayas makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

 

Changes to the Service and these Terms of Use

Experience the Himalayas reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Experience the Himalayas is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

Availability of the Web Site

Experience the Himalayas accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

Limitation of Liability

To the maximum extent permitted by law, Experience the Himalayas accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

 

Previous Terms of use

In the event of any conflict between these terms of use terms and any prior versions thereof, the provisions of these terms of use prevail unless it is expressly stated otherwise.

 

Notices

All notices / communications shall be sent to us by email to info@experiencethehimalayas.com.  Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

Law and Jurisdiction

These terms and conditions and the relationship between you and Experience the Himalayas shall be governed by and construed in accordance with the Law of England and Wales and Experience the Himalayas and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.