Terms and Conditions
Terms and Conditions
OVERVIEW
Himalya Quartz operates this website. Throughout the site, the terms "we," "us,” and “our” refer to Himalya Quartz. Himalya Quartz provides this website, including all information, tools, and services available to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“Terms of Service," “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. You agree to these Terms of Service when you access or use any part of the site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If we treat these Terms of Service as an offer, we expressly limit your acceptance of them.
The terms of service will also apply to any new features or tools added to the current store. On this page, you can review the most recent version of the Terms of Service at any time. We reserve the right to amend, alter, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Once we post changes, your continued use or access to the website signifies your acceptance of those changes.
Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you use the service to violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or malicious code. We will immediately terminate your services if you breach or violate any of the terms.
General conditions
We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that we may transfer your content, excluding credit card information, in an unencrypted manner, which may involve (a) transmissions over various networks and (b) modifications to comply with and adapt to the technical requirements of connecting networks or devices. We always encrypt credit card information during network transfers.
Without our express written permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, access to the service, or any contact on the website that provides the service. We've included the headings in this agreement for your convenience, but they don't restrict or influence these terms in any way.
Information's accuracy, completeness, and timeliness
If the information on this site is not accurate, complete, or current, we disclaim all responsibility. You should not use the material on this site as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on this site's content is at your own risk.
This site may contain certain historical information. We provide historical information for your reference only, which is necessarily not current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the service and prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the service (or any part or content thereof) at any time, without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.
Products or services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are only subject to return or exchange, according to our return policy. We have made every effort to display our products' colors and images as accurately as possible in the store. We cannot guarantee that your computer's color display will be accurate.
We reserve the right, but not the obligation, to restrict the sale of our products or services to any individual, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions or pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, nor will we correct any service errors.
Account information and billing accuracy
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may attempt to notify you by contacting the e-mail, billing address, or phone number you provided at the time of your order. In our sole judgement, we reserve the right to limit or prohibit orders that seem to originate from dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
You use any optional tools offered through the site at your own risk and discretion, and you should familiarize yourself with and approve of the terms provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-party links
Certain content, products, and services offered through our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, please carefully review the third party's policies and practices and ensure that you direct any complaints, claims, concerns, or questions regarding third-party products to the third party.
User comments, feedback, and other submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make, including their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Errors, inaccuracies and omissions
Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, as well as to change, update, or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
Prohibited uses
The Terms of Service prohibit you from using the site or its content, in addition to other prohibited activities. (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website if you violate any of the prohibited uses.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy or reliability of the results obtained through the service. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Himalya Quartz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Given that certain states or jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, we will limit our liability to the extent legally permitted.
Indemnification
You agree to indemnify, defend, and hold Himalya Quartz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Severability
We will enforce any illegal, null, or unenforceable part of these Terms of Service to the fullest extent permitted by law, and we will consider the unenforceable part to be separate from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Unless and until terminated by either you or us, these Terms of Service are effective. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly, we may deny you access to our Services (or any part thereof).
Entire agreement
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). We will not interpret any ambiguities in these Terms of Service against the drafting party.
Governing law
The laws of India and the jurisdiction of Jaipur, Rajasthan, shall govern these Terms of Service and any separate agreements whereby we provide you Services.
Changes to terms of service
On this page, you can review the most recent version of the Terms of Service at any time. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact information
You can contact us at himalayaquartz@gmail.com with any questions about the Terms of Service.