Terms of Use & Service
This web site (www.trailhimalaya.com) is published and maintained by Trail Himalaya, a company incorporated and existing in accordance with the laws of the Nepal. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub–site through this site, then such sub–site may have its own terms and conditions of use which is specific to such sub–site. Sub–sites may contain such additional terms and conditions of use as may be set out in such sub–site.
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Trail Himalaya and you with respect to your use of this Site.
Site and Its Contents
This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
As long as you comply with the terms of these Terms and Conditions of Use, Visit Nepal Tourism grants you a non–exclusive, non–transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
Ownership
All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Trail Himalaya or otherwise. By displaying them on this Site, Trail Himalaya is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download such copy/copies of the Content to be used only by you for your personal use at home unless the sub–site you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.
Others’ rights
If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available here from, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law
- Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
- Falsify the origin or source of software or other material contained in a file that is uploaded
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
Trail Himalya assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. Trail Himalaya may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Diamond Charity Multipurpose Travels &Tours’s policies in any way.
Trail Himalaya will fully cooperate with any law enforcement authorities or court order requesting or directing Trail Himalaya to disclose the identity of anyone posting such materials.
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Trail Himalaya and its users any claims and assertions of any moral rights contained in such Feedback.
Trail Himalaya Rights
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Trail Himalaya, as non–confidential.
You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Trail Himalaya uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Trail Himalaya anywhere in the world, in any medium, forever.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to Trail Himalaya does not cause Trail Himalaya to have any special responsibility to you.
The copyright in the contents of this website belong to Trail Himalaya . Accordingly Trail Himalaya reserves all rights. Copying of part or all the contents of this website without permission of Trail Himalaya is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.
Privacy
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
Disclaimer
The material in this Site could include technical inaccuracies or typographical errors. Trail Himalaya may make changes or improvements at any time.
The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on his website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Trail Himalaya Affiliates and their respective suppliers. To the fullest extent permissible pursuant to applicable law, Trail Himalaya disclaims all warranties of merchantability, relating to the information and description of the hotel , air or any other travel products displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel or any other ratings displayed on this website are intended as only general guidelines, and Trail Himalaya , Trail Himalaya Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. Trail Himalaya Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. Trail Himalaya may make improvements and/or changes on this website at any time.
Trail Himalaya does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction
Trail Himalaya does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Trail Himalaya does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
You also acknowledge that through this Site, Trail Himalaya merely provides intermediary services in order to facilitate highest quality services to you. Trail Himalaya is not the last–mile service provider to you and therefore, Trail Himalaya shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site. Trail Himalaya Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non–infringement.
Trail Himalaya will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. In no event shall Trail Himalaya , Trail Himalaya Affiliates ,and their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Trail Himalaya group companies, the Trail Himalaya Affiliates and their respective suppliers have been advised of the possibility of such damages.
You agree to defend and indemnify Trail Himalaya, Trail Himalaya Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party
Terms and Conditions of Use
Trail Himalaya may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
Trail Himalaya may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
General Provisions
You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.
Trail Himalaya requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain destinations.
Trail Himalaya, Affiliates and their respective suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any air carriers, hotels or other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
Trail Himalaya reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. Trail Himalaya shall have no obligation to take the needs of any User into consideration in connection therewith.
Trail Himalaya reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.
No waiver by Trail Himalaya of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
