PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to Himalaya Tops. If you continue to browse and use this website you
are agreeing to comply with and be bound by the following terms and conditions
of use, which together with our privacy policy and website disclaimer, govern www.himalayatops.com’s relationship with you in relation to
your use of this website.
By using this website, you signify your acceptance of these terms and
conditions of use. For the purposes of these terms and conditions, “Us”, “Our”
and “We” refers to www.himalayatops.com and “You” and
“Your” refers to you, the client, visitor, website user or person using our
website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.himalayatops.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and
accept that www.himalayatops.com is not legally
responsible for any loss or damage you might suffer related to your use of the
website, whether from errors or from omissions in our documents or information,
any posts, goods or services we may offer or from any other use of the website.
Your use of any information or materials on this website is entirely at your
own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or
information available through this website meet your specific, personal
requirements. You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
LINKS TO OTHER WEBSITES
www.himalayatops.com may from time to time provide on
its website, links to other websites and information on those websites for your
convenience. This does not necessarily imply sponsorship, endorsement, or
approval or arrangement between www.himalayatops.com and
the owners of those websites. www.himalayatops.com takes
no responsibility for any of the content found on the linked websites.
www.himalayatops.com’s website may contain
information provided by third parties for which www.himalayatops.com
accepts no responsibility whatsoever for information or advice provided
to you directly by third parties. We are making a ‘recommendation’ only and are
not providing any advice nor do we take any responsibility for any advice
received in this regard.
CONTENT AND FUNCTIONALITY OF THE SITE
Himalaya Tops may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, Himalaya Tops will not be liable to any User or to any third party should it exercise such rights.
In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and Himalaya Tops will have no liability to you in such circumstances subject to the remainder of these terms.
CONTRIBUTION OF CONTENTS
When you submit content to Himalaya Tops in any format, including any text, photographs, graphics, video or audio, you grant Himalaya Tops non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
Himalaya Tops reserves the right not to use the content you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
You indemnify Himalaya Tops against any and all legal fees, damages and other expenses that may be incurred by Himalaya Tops as a result of a breach of the above warranty. You waive any moral rights in your contribution for the purposes of its submission to and use by Himalaya Tops in accordance with these terms.
NO ADVISE
Content included on the Site is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.
DISCLAIMER
To the fullest extent permitted by law, www.himalayatops.com
absolutely disclaims all warranties, expressed or implied, including,
but not limited to, implied warranties of merchantability and fitness for any
particular purpose. www.himalayatops.com gives no
warranty that the documents, goods or services will be free of errors, or that
defects will be corrected, or that our website or its server is free of viruses
or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and
up-to-date information on our website, we do not warrant or make any
representations regarding the use or the result of the use of any document,
product, service, link or information in its website or as to their
correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of www.himalayatops.com to bear any entire costs of servicing,
repairs, or correction. The applicable law in your state or territory may not
permit these exclusions, particularly the exclusions of some implied
warranties. Some of the above may not apply to you but you must ensure you are
aware of any risk you may be taking by using this website or any products or
services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At www.himalayatops.com, we are committed to
protecting your privacy. We use the information we collect about you to
maximize the services that we provide to you. www.himalayatops.com
respects the privacy and confidentiality of the information provided by
you and adheres to the Australian Privacy Principles. Please read our separate
Privacy Policy carefully.
You may change your details at any time by advising us in writing via email.
All information we receive from our customers, is protected by our secure
servers. www.himalayatops.com’s secure server
software encrypts all customer information before it is sent to us.
Furthermore, all of the customer data www.himalayatops.com collects
is secured against unauthorized use or access. Credit card information is not
stored by us on our servers.
THIRD PARTIES
www.himalayatops.com does not and will not sell or
deal in personal or customer information. We may however use in a general sense
without any reference to your name, your information to create marketing
statistics, identify user demands and to assist it in meeting customer needs
generally. In addition, we may use the information that you provide to improve
its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
www.himalayatops.com may be required, in certain
circumstances, to disclose information in good faith and where www.himalayatops.com is required to do so in the following
circumstances: by law or by any court; to enforce the terms of any of our
customer agreements; or to protect the rights, property or safety of www.himalayatops.com, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for
the purpose of providing them for a fee to users, whether they be business users
or domestic users, then you are a competitor of www.himalayatops.com.
www.himalayatops.com expressly excludes and does not
permit you to use or access its website, to download any documents or
information from its website or obtain any such documents or information
through a third party. If you breach this term, then www.himalayatops.com
will hold you fully responsible for any loss that it might sustain and
further holds you accountable for all profits that you might make from such
unpermitted and improper use. www.himalayatops.com reserves
the right to exclude and not permit any person from using its website or any of
the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This
material includes, but is not limited to, the design, layout, look, appearance,
trademarks and graphics. You are not permitted to reproduce the documents,
information or materials on the website for the purposes of sale or the use by
any third party. In particular you are not permitted to republish, upload,
transmit electronically or otherwise or distribute any of the materials,
documents or products that may be available for download from time to time on
this website.
www.himalayatops.com expressly reserves all copyright
and trademark in its website and in all documents and information on its
website and reserves the right to take action against you if you breach any of
these terms.
Any redistribution or reproduction of part or all of the contents in any form
is prohibited other than the following: you may print or download to a local
hard disk extracts for your personal and non-commercial use only; and you may
copy the content to individual third parties for their personal use, but only
if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or
commercially exploit the content. Nor may you transmit it or store it in any
other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and www.himalayatops.com concerning your use and access to www.himalayatops.com’s website and your use and access to
the documents and information on it. No other term is to be included in this
agreement except where it is required to be included by any legislation of the
Commonwealth or any State or Territory. All implied terms except those implied
by statute and which cannot be expressly excluded are hereby expressly
excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal,
void, or unenforceable in any State or Territory then such a clause shall not
apply in that State or Territory and shall be deemed never to have been
included in these terms and conditions in that State or Territory. Such a
clause if legal and enforceable in any other State or Territory shall continue
to be fully enforceable and part of this agreement in those other States and
Territories. The deemed exclusion of any term pursuant to this paragraph shall
not affect or modify the full enforceability and construction of the other
clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and www.himalayatops.com that results in litigation then you
must submit to the jurisdiction of the courts of NSW.