Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.hmra.in website.
Your use of a HMRA website {including www.HMRA.in (hereinafter referred to as the “Website”) and its related sites, services and tools} is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of Himalayan Monk Riders Associates Private Limited and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours India Standard Time 6 June 2013 (“User Agreement”). HMRA.in is an internet based portal owned and operated by Himalayan Monk Riders Associates Private Limited; a company incorporated under Companies Act, 1956 having its registered office at EXB-24.Shop No. 2-3, Street No. 1, Hari Nagar, New Delhi 110064.
For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require ‘“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “HMRA” shall mean Himalayan Monk Riders Associates Private Limited (HMRA.in) and includes its associates, affiliates and subsidiary(ies).
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by HMRA at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Delhi.
Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the “check box ” and/or on the “continue” button and/or “Buy Now” button and do not seek to obtain access to or otherwise use the Website.
Amendments:
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement,, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by HMRA.in Rules and Policies as provided from time to time in the following hyperlinks:
1. HMRA.IN Policies & Rules
2. HMRA.IN Privacy Policy
Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, you also agree with the user agreement, privacy policy and other rules and policies posted on the websites of different countries where users belong to respectively.
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase or pay for any service or event on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. HMRA.in reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
2. Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and phone number and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password (if registered) or email id and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your phone, the details of which are used to transact services with HMRA.IN. You agree, inter alia, to: (i) Provide true, accurate, current and complete information about yourself as prompted by HMRA.IN’s registration form or provided by you as Guest User (such information being the “Registration Data”) (ii) You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and (iii)Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iv) You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and (v) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete or HMRA.IN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, HMRA.IN has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. HMRA.IN shall not be liable for any loss or damage arising from your failure to comply with this Clause 2. 3. Electronic Execution and Communications When you use the Website or send emails or other data, information or communication to HMRA.IN, you agree and understand that you are communicating with HMRA.IN through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other HMRA services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
3. Electronic Execution and Communications
Membership on the Website is free. HMRA.IN does not charge any fee for browsing and buying on the Website. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Himalayan Monk Riders Associates Private Limited within such time as specified in the invoice.
4. Fees and Services
Membership on the Website is free. HMRA.IN does not charge any fee for browsing and buying on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Himalayan Monk Riders Associates Private Limited within such time as specified in the invoice.
4.1. How fee is charged and payment schedule.
We process online payments for registering/participating for our events and booking your stay at our offered places
4.2. Taxes:
You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
4.3. Non-payment:
HMRA.IN reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to all current and future use of the Website in case of non-payment of fees by you to HMRA.IN. HMRA.IN also reserves the right to take legal action in case of non-payment of fees.
5. Use of the Website
5.1. 5.1. You understand and agree that HMRA and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All services/events/stays advertised/listed and the contents therein are advertised and listed by HMRA.IN Only.
5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
5.2.1. “Your Information” is defined as any information you provide to us or other users of the Website (“Users”) in the registration (as Registered User or as Guest User), buying, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
5.2.2. Your Information:
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a). belongs to another person and to which You do not have any right;
(b). is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c)Harm minors in any way;
(d)Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e)Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(f)Violates any law for the time being in force;
(g)Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h). Impersonate another person;
(i)Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(j). Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(k)Shall not be false, inaccurate or misleading;
5.2.4. HMRA.IN shall have the right to use Your Information as provided by you and such usage of your information by us does not amount to violation of any rights you might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. HMRA.IN will only use Your Information in accordance with the User Agreement and HMRA.IN’s Privacy Policy.
5.2.5. In the event that any transaction or attempted transaction relating to service or package which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform HMRA.IN of the same at jigyasa@www.hmra.in.
5.2.6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any service or package or event being sold or purchased on the Website.
Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
6. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States and Asia Pacific at some of the best data centres in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at http://HMRA.IN/privacy-policy/. If you object to your Information being transferred or used in this way please do not use the Website.
Your Consent: By using the Site and/ or by providing Your Information, you consent to the collection and use of the information you disclose on the Site by HMRA.IN in accordance with HMRA.IN Privacy Policy. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable to you.
7. Breach
Without limiting other remedies, HMRA.IN may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
a) If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;
b) If HMRA.IN is unable to verify or authenticate any information provided by you; or
c) If it is believed that your actions may cause legal liability for other Users or HMRA.IN. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with HMRA.IN or use the Website in any manner whatsoever until such time that such User is reinstated by HMRA.IN. Notwithstanding the foregoing, if you breach the User Agreement or any other documents it incorporates by reference, HMRA.IN reserves the right to recover any amounts due and owing by you to HMRA.IN and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
8. Buying
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any service/event/package/stay, you are obligated to complete the transaction with the seller.
By purchasing on an service/event/package/stay you agree to be bound by the conditions of sale included in the description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
HMRA.IN strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Wilfully entering erroneous or fictitious bids may result in prosecution by HMRA.IN.
Please note that in the event any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed.
9. Payments
HMRA.IN uses third party payment providers to receive payments from buyers on seller’s behalf. HMRA.IN is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. HMRA.IN takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
10. Limitation of Liability
In no event shall HMRA.IN or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
HMRA.IN’s liability in any circumstance is limited to the amount of fees, if any, paid by you to HMRA.IN. HMRA.IN, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, HMRA.IN assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
(b) Any interruption or errors in the operation of the Website.
11. Indemnity
You agree to indemnify and hold harmless HMRA.IN and (as applicable) HMRA.IN’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by HMRA.IN, made by any third party arising out of your breach or non-performance of terms of the User Agreement, HMRA.IN Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
12. General
12.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and HMRA.IN and you shall have no authority to bind HMRA.IN in any manner whatsoever.
12.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of HMRA.IN to Himalayan Monk Riders Associates Private Limited Attn: Legal Department, at HMRA corporate office at 007, New Sarika Nagar, Thatipur, Gwalior, MP 474011 (in the case of HMRA.IN) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
12.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
12.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and HMRA.IN with respect to the subject matter hereof.
12.5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. HMRA.IN may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that HMRA.IN assigns the Agreement on the same terms or terms that are no less advantageous to you.
12.6. Disputes Resolutions
Generally, transactions are conducted smoothly on HMRA.IN. However there may be some cases where both the payees may face issues.
A ‘Dispute’ can be defined as a disagreement between a payee and a hmra.in in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
How is a ‘dispute’ resolved?
Whenever there is a disagreement relating to any transaction, the users can write to grievance@HMRA.IN in order to raise a dispute. Once a dispute is raised by payee, HMRA.IN shall try to resolve the matter amicably.
12.7. Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Legal department
007, New Sarika Nagar, Thatipur, Gwalior , MP 474011
Email: grievances@www.hmra.in
13. Arbitration
If any dispute arises between you and HMRA.IN during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by HMRA.IN. The place of arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
20. Governing Law
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 13 above, all disputes arising under this Agreement between you and HMRA shall be subject to the exclusive jurisdiction of courts at New Delhi, India.
