Last updated September 23, 2021
AGREEMENT TO TERMS
Welcome to Himalayan Essence. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Himalayan Essence Agro Ventures Pvt Ltd. ("Company", “we”, “us”, or “our”), concerning your access to and use of the http://www.himalayanessence.in website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
The website platform of Himalayan Essence, http://www.himalayanessence.in (“Site”) comprises various pages operated by Himalayan Essence Agro Ventures Pvt Ltd as well as redirects users to certain external links operated by other entities.
The Site is made accessible to you subject to the following conditions and notices contained herein (the “Terms”). Using this website implies tacit agreement that if you visit the Site, you accept these terms & conditions. Please read them carefully and keep a copy of them for future reference.
In addition, when you use any current or future feature or version of http://www.himalayanessence.in, whether or not included in the Site, you will be subject to these terms and conditions applicable.
Himalayan Essence Agro Ventures Pvt Ltd. operates in the Himalayan states of Jammu and Kashmir, Ladakh-Kargil, Himachal Pradesh, Uttarakhand, Sikkim, Arunachal Pradesh, Nagaland, Meghalaya, and Mizoram, sourcing and growing select produce that tastes great, is dense in nutrition, using regenerative agricultural methods to feed plants, enhance flavours, and help reverse some of the damage to the environment, hence making the produce source-pure and clean.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Himalayan Essence Agro Ventures Pvt Ltd. to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
PRIVACY
We care about data privacy and security. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in India. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, and specifically the State of Maharashtra, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India.
ELECTRONIC COMMUNICATIONS
Visiting the http://www.himalayanessence.in, sending emails to Himalayan Essence Agro Ventures Pvt Ltd., and completing online forms on http://www.himalayanessence.in constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
A parent or guardian should permit and supervise all users who are minors in the jurisdiction in which they reside (under 18 years of age) to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Himalayan Essence Agro Ventures Pvt Ltd. and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Himalayan Essence Agro Ventures Pvt Ltd. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Himalayan Essence Agro Ventures Pvt Ltd. takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that Himalayan Essence Agro Ventures Pvt Ltd. does not endorse the products or services offered on Third-Party Websites and you shall hold Himalayan Essence Agro Ventures Pvt Ltd. harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Himalayan Essence Agro Ventures Pvt Ltd. harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Certain services made available via http://www.himalayanessence.in are delivered by third party sites and organisations. By using any product, service or functionality originating from the http://www.himalayanessence.in domain, you hereby acknowledge and consent that Himalayan Essence Agro Ventures Pvt. Ltd. may share such information and data with any third party with whom Himalayan Essence Agro Ventures Pvt. Ltd. has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.himalayanessence.in users and customers.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Himalayan Essence Agro Ventures Pvt Ltd. or licensed to us, and are protected by copyright and trademark laws and various other Competition Law and Intellectual Property Rights policy of India, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a a non-exclusive, non-transferable, revocable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use strictly in accordance with these terms of use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorised purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate, and refuse any and all current or future use of the Site (or any portion thereof) and interactions with the Site.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Himalayan Essence Agro Ventures Pvt Ltd.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content for public consumption. Himalayan Essence Agro Ventures Pvt Ltd. may, however, at a later date, provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Himalayan Essence Agro Ventures Pvt Ltd. or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
CONTRIBUTION LICENSE
You and the Site agree that Himalayan Essence Agro Ventures Pvt Ltd. may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that Himalayan Essence Agro Ventures Pvt Ltd. can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Himalayan Essence Agro Ventures Pvt Ltd. is not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate Himalayan Essence Agro Ventures Pvt Ltd. from any and all responsibility and to refrain from any legal action against Himalayan Essence Agro Ventures Pvt Ltd. regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, applications, or other information regarding the Site ("Submissions") provided by you to Himalayan Essence Agro Ventures Pvt Ltd. are non-confidential and shall become our sole property. Himalayan Essence Agro Ventures Pvt Ltd. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against Himalayan Essence Agro Ventures Pvt Ltd. for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or Himalayan Essence Agro Ventures Pvt Ltd. (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Mumbai High Court, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be in Mumbai, State of Maharashtra, India. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of India.
The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Mumbai Hight Court governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the site will be at your sole risk. To the fullest extent permitted by law, Himalayan Essence Agro Ventures Pvt Ltd. disclaims all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and Himalayan Essence Agro Ventures Pvt Ltd. will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. Himalayan Essence Agro Ventures Pvt Ltd. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, Himalayan Essence Agro Ventures Pvt Ltd. reserves the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. Himalayan Essence Agro Ventures Pvt Ltd. may terminate your use or participation in the site or delete any content or information that you posted at any time, without warning, in our sole discretion.
If Himalayan Essence Agro Ventures Pvt Ltd. terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Himalayan Essence Agro Ventures Pvt Ltd. reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, Himalayan Essence Agro Ventures Pvt Ltd. has no obligation to update any information on our Site. Himalayan Essence Agro Ventures Pvt Ltd. also reserves the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. Himalayan Essence Agro Ventures Pvt Ltd. may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that Himalayan Essence Agro Ventures Pvt Ltd. has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Himalayan Essence Agro Ventures Pvt Ltd. to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms shall be governed by and defined following the laws of India and the State of Maharashtra. Himalayan Essence Agro Ventures Pvt Ltd. and you irrevocably consent that the courts of India and the State of Maharashtra shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
LIMITATIONS OF LIABILITY
In no event will Himalayan Essence Agro Ventures Pvt Ltd. or our directors, advisors, or employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Himalayan Essence Agro Ventures Pvt Ltd. during the six(6)-month period prior to any cause of action arising. Certain Indian state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold Himalayan Essence Agro Ventures Pvt Ltd. harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, costs and expenses or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, Himalayan Essence Agro Ventures Pvt Ltd. reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. Himalayan Essence Agro Ventures Pvt Ltd. will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Himalayan Essence Agro Ventures Pvt Ltd. reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although Himalayan Essence Agro Ventures Pvt Ltd. performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Himalayan Essence Agro Ventures Pvt Ltd. arising from any such loss or corruption of such data.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by Himalayan Essence Agro Ventures Pvt Ltd. on the Site or in respect to the Site constitute the entire agreement and understanding between you and Himalayan Essence Agro Ventures Pvt Ltd. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Himalayan Essence Agro Ventures Pvt Ltd. may assign any or all of its rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Himalayan Essence Agro Ventures Pvt Ltd. as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against Himalayan Essence Agro Ventures Pvt Ltd. by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Himalayan Essence Agro Ventures Pvt Ltd.
201, Navratan Building,
69, P. D’Mello Road,
Mumbai, Maharashtra 190004
India
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.