Terms of Use | Himalayan Advocacy Center

Last updated on 8th April, 2023

Himalayan Advocacy Center is registered as "Himalayan Advocacy Chambers" under the Companies Act, 2013 (“we”, “us” and“ our”) having website available at: https://www.himalayanadvocacy.com/ (“Website”). We, via our Website (i) provide our users (“you”, “your”, “yours”) access to various information and updates relating to environmental law and advocacy.

These terms of use (“Terms”) govern how you access and use the Website and any of our services therein, including newsletter, reports, research articles, videos and updates developed by us (“Research Material”); and (ii) online service, data and information, or products developed by us and made available on the Website (collectively “Services”). Please read these Terms carefully before you access and use the Website or any Service as they constitute the agreement between you as our users and us. Your use of any of the Services may be subject to further terms and conditions, as may be released by us from time to time and your use of the Services shall be subject to your compliance with such additional terms as well.

ACCESSING or USING the Website or the Service, or by CLICKING “AGREE,” "AGREE AND PROCEED", “SUBMIT”, OR ANY OTHER WORD OR PHRASE indicating acceptance electronically, explicitly means that you have read, understood, and agree to be bound by these Terms and to the to the collection and use of your information as set forth in our Privacy Policy (available here, incorporated by reference into these Terms).

We may revise these Terms as well as update the Website and our Services from time to time, so please keep visiting this page regularly. If you do not agree with any part of these Terms, please stop using the Website immediately.

1. Eligibility and Use

In order to use or access our Website and services, you must be competent to enter into a contract under applicable laws. If you continue using the Website, then you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws. In the event you access or use the Website or Services for and on behalf of a legal entity (whether a single or multiple entities), you represent and warrant that you have the authority to bind such entity (and its affiliates or associated entities) to these Terms.

2. Opt-Out Request

If you provide us with your email address then, we may send you Research Materials and any information we deem relevant regarding our Services, including release of new services or modification to the features of the Services. If you do not wish to receive such messages and notifications and would like to unsubscribe from our mailing lists, you may do so by contacting us at info@himalayanadvocacy.com. Do note that we may still send you information we deem necessary and in your interest despite your unsubscribing from our mailing list.

3. Third-Party data and Content

In order to host the Website and provide you the Services we may use various third-party data, software and/or services. While we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data or services.

We may also share content, reading material, information and links to secondary websites on the Website. However, this does not mean we endorse these third parties or their content or require you to visit these websites, unless provided otherwise expressly. These third-party service providers have their own terms of use and privacy policies and your use of their services shall be subject to these terms. You should use the data and/or avail such services only after you have read their terms of use and privacy policies. If you accept or use any of the data or services provided by such third parties, then you alone shall be liable for any consequences of such use. Further, if you use any third-party service providers to access any of our Services, then your use may be subject to the terms and conditions of such service providers as well.

4. Disclaimers and Limitations

All the data and information on the Website and Services may be amended, without notice, at any time. While we have exercised reasonable skill and care in compiling the information on the Website, under no circumstances will we be liable in contract, tort or otherwise for any direct or indirect, special or consequential loss, injury or damage including loss of revenue, loss of reputation or good will, loss of profit, compute or device failure, lost or corrupted data, interruption of business, arising directly or indirectly use or access of the Website, the Services or reliance on the information so provided to you.

We accept no responsibility for any of the information that we communicate or Services we provide to you in good faith. We are not responsible for any losses that you might incur from any inaccuracies in our information and data. Our services are provided on an “as is” basis without any representations or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Website, or Services, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use.

5. Intellectual Property

We are committed to ensuring that none of the information or content on the Website violates the law or infringes third-party intellectual property rights. While we preliminarily review content on the Website, we are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 36 (thirty-six) hours of making such a determination, take down such content.

6. Privacy Policy

These Terms incorporate our Privacy Policy (available here) by reference (“Privacy Policy”). The Privacy Policy provides the manner in which we collect, retain, share, store, and processed your data and information. It also enumerates your rights and our privacy practices. Please go through the Privacy Policy carefully before you start using our Website and Services.

7. Limitation of liability

Neither we nor any of our affiliates and respective researchers or agents shall be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of the use of or the reliance on the Website.

8. Indemnification

You agree to indemnify and hold us, our affiliates, researchers or agents, harmless from any and all costs, losses, damages, liabilities, claims, including third party costs, claims and damages arising from your breach of these Terms, or from your use of the Website or Services.

9. Restriction on Use

You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Website for any information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. You will not: (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, decode or decompile, modify, alter, scrape, or create derivative works of any part of the Website, or Service, remove any copyright notices and proprietary legends from the Service; (ii) use the Website or Service in any manner or for any purpose that violates any applicable law; (iii) use the Website or Service in any manner that could reasonably be interpreted to suggest that the use represents our views. If you do or attempt any such acts, we may terminate your use of the Website or Services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.

You further covenant that you shall not, whether directly or indirectly identify us or display any portion of the Website on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights. You shall not identify or refer to us, the Website or any products or Services made available by us in a manner that implies an endorsement or any relationship between us.

10. Term and Termination

This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Website and/or Services; and/or (ii) terminate this agreement and your use of the Website or Services with or without cause.

Upon termination of these Terms, you shall destroy and remove from all websites, applications, computers, hard drives, networks, and other storage media all copies of the Service, you shall stop using all aspects of the Service, and you shall certify to us that such actions have occurred. We shall have the right to inspect and audit your websites, applications, and facilities to confirm the foregoing.

11. Grievance Officer

Sections 4 (Disclaimers and Limitations), 5 (Intellectual Property Rights), 7 (Limitation of Liability), 8 (Indemnity), 10 (Term and Termination), 11 (Grievance Officer) and 12 (General Provisions) shall survive termination of this agreement.

In order to address any questions or grievances that you may have regarding the use of the Website, please write to our grievance officer (“Grievance Officer”):

Name: Utkarsh Jain

Email: information@himalayanadvocacy.com

12. General Provisions

We reserve the right to modify, suspend, or discontinue the Website and any Services provided vide the Website (in whole or in part) with or without notice to you, in our sole discretion. This includes requiring you to create a user account and providing us with certain personal information, as well as charging you a fee for any of the Services we deem fit. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or Services or any part thereof. If a modification to these Terms, or use restrictions is unacceptable to you, you should immediately stop and discontinue your access and use of the Website and the Services. Continued use of the Website and/or Service will be deemed acceptance of any such modifications.

13. Disputes

These Terms and any action related thereto will be governed by the laws of New Delhi. Any disputes arising out of or related to the Terms, Website, or the services (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in New Delhi. Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by you and us mutually. The seat and venue of arbitration shall be New Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

14. Assignment

You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.

15. Waiver

Unless otherwise stated expressly, any delay or failure in our exercising of any rights/remedies arising out of these Terms and/or other policies available on the Website, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.

16. Copyright Notice

If you believe that your copyrighted work has been copied in a way which constitutes copyright infringement, and is accessible via the Service, please notify us at info@himalayanadvocacy.com with the following information in writing:

Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient for us to contact you, such as your address, telephone number, and e-mail address; and
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

We will promptly take down content that is legally established to be a violation of your copyright.

17. Communications

You consent to receiving communications from us electronically. This shall include notifications and other communications related to our Website, information and other content and services. We will communicate with you by e-mail, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Website and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.

18. Severability

If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

19. Updates

We may update, change and alter these Terms without notice to you. Please visit this page from time to time to remain aware.