LAST UPDATED: [24 August, 2018]
This document explains our position and specific conditions regarding your use of our Internet Site (the "https://www.himalayanchef.com"). By using this Site, you agree to be bound by our Terms & Conditions in addition to other terms and conditions or policies that may appear throughout the Site.
References to "Company," “we” or “us” in this document mean HIMALAYAN CHEF and its affiliates, subsidiaries, and divisions.
If you are unwilling to accept these Terms & Conditions, we ask that you do not use the Site. When you use the Site, you agree to be bound by the then current Terms & Conditions. If you do not agree to be bound by the Terms & Conditions, your sole remedy is not to use this Site. Each time you use this Site, you should visit and review the Terms & Conditions. We reserve the right to occasionally update the Terms & Conditions. At such time, we will also revise the “last updated” date above.
1. OTHER TERMS
Some areas of this Site may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.
2. USE OF THE SITE
You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site, that you will not transmit any virus or worm to the Site, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Site (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without authorization.
We reserve the right to restrict, suspend or terminate without notice your access to the Site or any feature of this Site or any feature or part thereof at any time.
You acknowledge that these Terms & Conditions govern your use of any software provided by Company and/or made available through the Site, whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) your use of the software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the software; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the software; (4) you shall not attempt to circumvent or disable the software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the software without the prior written consent of Company.
We may change or eliminate services offered on or through the Site at any time without notice. We make no representation that any services are available for use in your location, and a reference to services on the Site does not imply that the services will be available to you and/or in your location.
5. ONLINE ORDERS
Users who sign up by creating a profile on the Site are eligible to place online orders. Payments via credit card or other payment service are subject to the approval of the financial institution issuing the credit card or the applicable payment service. Company shall not be liable in any way if any financial institution/payment service refuses to accept or honor your credit card or account for any reason. By placing an order, you agree that Company is authorized to charge your designated account for the applicable rate or price published on the Site.
Online orders are not binding on Company. Company may amend, adjust or cancel orders at any time in accordance with current pricing. Delivery may be conditioned on a minimum order, and delivery charges may vary by location.
6. COPYRIGHT AND PERMISSIONS
Please feel free to browse the Site. In general, and unless otherwise posted, you may review and print copies of material from the Site, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Site.
You are not permitted to make or distribute copies of material on the Site for any commercial purpose without prior written permission from us. None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Company. Except as otherwise noted, all content of the Site is:
Copyright © 2018 Himalayan Chef d/b/a Himalayan Chef All rights reserved.
Company has a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material from the Site, please contact us at firstname.lastname@example.org.
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Site identify the services and products of Company and related organizations, and inform the public as to the source of those services and products. Your misuse of any Marks is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
In a manner likely to cause confusion;
To identify your products or services;
In, as, or part of your own trademarks or service marks;
In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
In a manner that disparages or dilutes the Marks.
You agree not to display or otherwise inappropriately use the Marks without prior written permission from us. Please make such requests by email to email@example.com. We will evaluate your request and respond as soon as possible.
8. Submissions by You
In the event that you transmit or post any content, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), on or to the Site, you (1) represent and warrant to Company that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; and (2) grant to Company an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty- free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any Content submitted by you may be handled by Company on a non-confidential basis.
9. Additional Disclaimers and Limitation of Liabilities and Warranties
The Site may contain technical inaccuracies, typographical errors, and out of date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we make no warranty that the Site will meet your requirements. We reserve the right to make changes to the Site at any time.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR SITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” COMPANY MAKES NO WARRANTY OF NONINFRINGEMENT. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY
SOFTWARE OR MATERIALS FROM THE SITE.
NOTICE TO NEW JERSEY CUSTOMERS: this limitation of liability section shall not apply in New Jersey.
11. Intellectual Property Limitation of Liability
Company respects the intellectual property of others, and we ask visitors to our Site to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Company:
Identification of the copyrighted work(s) that you claim has been infringed;
Identification of where the material that you claim to be infringing is located on the Site;
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
Your address, telephone number, and e-mail address; and
Your physical or electronic signature.
The designated agent of Company for notification of claims of copyright infringement on this Site can be reached as follows:
Address: Designated Agent for Intellectual Property
Himalayan Chef d/b/a Himalayan Chef
55 Highway 12
Flemington, New Jersey 08822
Similarly, if you believe any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Company.
12. Dispute Resolution
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in New Jersey, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to Company its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
13. Applicable Laws and Jurisdictional Issues
The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of New Jersey applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in New Jersey and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
14. Compliance with Laws
You agree that you will not use the Site or the software or services provided on or through the Site for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Site or software or services provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or software or services provided on or through the Site in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Company is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Company, then Company shall not be responsible to you for any failure or delay in the performance of its obligations. Company shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Company from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
You may not assign your rights or obligations under this Agreement without the prior express written consent of Company.
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by Company to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Company.
These Terms & Conditions constitute the entire understanding between Company and you with respect to the Site.
BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.