Terms and Conditions

Terms and Conditions of Use of Website

  1. 1. Introduction
    1. 1.1 These terms and conditions shall govern your use of our website (https://themountainwalker.com/).
    1. 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
    2. 1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
    3. 1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
    4. 1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
  4. 2. Copyright notice
    1. 2.1 Copyright © 2016-2020 Mountain Walker Private Limited.
    1. 2.2 Subject to the express provisions of these terms and conditions:
      1. (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      2. (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  7. 3. Permission to use website
    1. 3.1 You may:
      1. (a) view pages from our website in a web browser;
      2. (b) download pages from our website for caching in a web browser;
      3. (c) stream audio and video files from our website using the media player on our website; and
      4. (d) use our website services by means of a web browser,
    2. subject to the other provisions of these terms and conditions.
    1. 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    2. 3.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
    3. 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    4. 3.5 Unless you own or control the relevant rights in the material, you must not:
      1. (a) republish material from our website (including republication on another website);
      2. (b) sell, rent or sub-license material from our website;
      3. (c) show any material from our website in public;
      4. (d) exploit material from our website for a commercial purpose; or
      5. (e) redistribute material from our website.
    5. 3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
  10. 4. Misuse of website
    1. 4.1 You must not:
      1. (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
      2. (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. (c) hack or otherwise tamper with our website;
      4. (d) probe, scan or test the vulnerability of our website without our permission;
      5. (e) circumvent any authentication or security systems or processes on or relating to our website;
      6. (f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      7. (g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
      8. (h) decrypt or decipher any communications sent by or to our website without our permission;
      9. (i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      10. (j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
      11. (k) use our website except by means of our public interfaces;
      12. (l) violate the directives set out in the robots.txt file for our website;
      13. (m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
      14. (n) do anything that interferes with the normal use of our website.
    2. 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
    3. 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  13. 5. Use on behalf of organisation
    1. 5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
      1. (a) yourself; and
      2. (b) the person, company or other legal entity that operates that business or organisational project,
    2. to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
  1. 6. Registration, accounts and membership
    1. 6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you (if available).
    2. 6.2 During the registration process, you will be prompted to select one of the membership plans. You will be required to make a payment for the membership based on the plan you select. 
    3. 6.3 You must not allow any other person to use your account to access the website.
    4. 6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    5. 6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
  4. 7. User login details
    1. 7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
    2. 7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.
    3. 7.3 You must keep your password confidential.
    4. 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. 7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  7. 8. Cancellation of membership
    1. 8.1 You may cancel any paid membership to our website (Gold or Platinum) using your account control panel on the website at any point.
    2. 8.2 If the cancellation of a paid membership is within 24 hours of your membership registration, you will be entitled to a full refund.
    3. 8.3 If you cancel your paid membership after 24 hours of membership registration, you will not be entitled to any refund of the membership fees and the same will be forfeited.
    4. 8.4 In the event of cancellation of paid membership, please note that your user account will still be active on our website and you will be relegated to the Silver Membership which is the default free membership plan.
    5. 8.5 If you would like to close your user account completely, you will be required to send us an email at info@themountainwalker.com and we will cooperate with the user account closure process.
    6. 8.6 We may:
      1. (a) temporarily suspend your account; and/or
      2. (b) cancel your account,
    7. if
      1. i. you are in breach of our terms and conditions; or
      2. ii. at any time in our sole discretion, in the case of any technical or any other unforeseen circumstances. In the event that the cancellation on our part is on account of this clause 8.6 (ii.), then you will be entitled to a refund for any fees paid to us on a pro-rata basis only.
  10. 9. Memberships
    1. 9.1 To become a member to our website services, you must pay the applicable membership fees during the membership registration procedure or membership change procedure. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.
    2. 9.2 You will have the opportunity to identify and correct input errors prior to making your order during the order placement process.
    3. 9.3 For so long as your account and membership remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your membership type.
    4. 9.4 We may from time to time vary the benefits associated with a membership by appropriate communication channel.
    5. 9.5 At the end of any period of membership for which you have paid, and subject to the other provisions of these terms and conditions, you will have to renew your membership by paying the applicable membership fees. In case you do not pay the applicable membership fees, your membership will revert to Silver membership.
  1. 10. Fees
    1. 10.1 The fees in respect of our website services, including but not limited to membership, will be as set out on the website from time to time.
    2. 10.2 All amounts stated in these terms and conditions or on our website are stated exclusive of GST.
    3. 10.3 You must pay to us the fees in respect of any or all of our website services in advance, in cleared funds, in accordance with any instructions on our website.
    4. 10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
    5. 10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
    6. 10.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
      1. (a) an amount equal to the amount of the charge-back;
      2. (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      3. (c) an administration fee of INR 1875.00 or USD 25.00, excluding GST, whichever is greater; and
      4. (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),
    7. and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.
    8. 10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
    9. 10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
  4. 11. Our rights to use your content
    1. 11.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    2. 11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, and reproduce, store and publish your content on and in relation to this website and any successor website, and  reproduce, store and, with your specific consent, publish your content on and in relation to this website.
    3. 11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.
    4. 11.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.
    5. 11.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. 11.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
    7. 11.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  7. 12. Rules about your content
    1. 12.1 You warrant and represent that your content will comply with these terms and conditions.
    1. 12.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    2. 12.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      1. (a) be libellous or maliciously false;
      2. (b) be obscene or indecent;
      3. (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
      4. (d) infringe any right of confidence, right of privacy or right under data protection legislation;
      5. (e) constitute negligent advice or contain any negligent statement;
      6. (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. (g) be in contempt of any court or in breach of any court order;
      8. (h) be in breach of racial or religious hatred or discrimination legislation;
      9. (i) be blasphemous;
      10. (j) be in breach of official secrets legislation;
      11. (k) be in breach of any contractual obligation owed to any person;
      12. (l) depict violence in an explicit, graphic or gratuitous manner;
      13. (m) be pornographic, lewd, suggestive or sexually explicit;
      14. (n) be untrue, false, inaccurate or misleading;
      15. (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. (p) constitute spam;
      17. (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      18. (r) cause annoyance, inconvenience or needless anxiety to any person.
  10. 13. Report abuse
    1. 13.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
    2. 13.2 You can let us know about any such material or activity by email or using our abuse reporting form.
  13. 14. Limited warranties
    1. 14.1 We do not warrant or represent:
      1. (a) the completeness or accuracy of the information published on our website;
      2. (b) that the material on the website is up to date;
      3. (c) that the website will operate without fault; or
      4. (d) that the website or any service on the website will remain available.
    2. 14.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. 14.3 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  16. 15. Limitations and exclusions of liability
    1. 15.1 Nothing in these terms and conditions will:
      1. (a) limit or exclude any liability for death or personal injury resulting from negligence;
      2. (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. (c) limit any liabilities in any way that is not permitted under applicable law; or
      4. (d) exclude any liabilities that may not be excluded under applicable law,
    2. and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
    3. 15.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
      1. (a) are subject to Section 15.1; and
      2. (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    4. 15.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    5. 15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    6. 15.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    7. 15.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 15.6 shall not apply.
    8. 15.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 15.7 shall not apply.
    9. 15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    10. 15.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
  19. 16. Indemnity
    1. 16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
  22. 17. Breaches of these terms and conditions
    1. 17.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 
      1. (a) send you one or more formal warnings;
      2. (b) temporarily suspend your access to our website;
      3. (c) permanently prohibit you from accessing our website;
      4. (d) block computers using your IP address from accessing our website;
      5. (e) contact any or all of your internet service providers and request that they block your access to our website;
      6. (f) commence legal action against you, whether for breach of contract or otherwise; and/or
      7. (g) suspend or delete your account on our website.
    2. 17.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  25. 18. Third party websites
    1. 18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. 18.2 We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  28. 19. Trade marks
    1. 19.1 The Mountain Walker, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. 19.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  31. 20. Variation
    1. 20.1 We may revise these terms and conditions from time to time.
    2. 20.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
    3. 20.3 If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes.  We will give you at least 30 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
  34. 21. Assignment
    1. 21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions — providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
    2. 21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 
  37. 22. Severability
    1. 22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. 22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 
  40. 23. Third party rights
    1. 23.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. 23.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
  43. 24. Entire agreement
    1. 24.1 Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
  46. 25. Law and jurisdiction
    1. 25.1 These terms and conditions shall be governed by and construed in accordance with laws of India.
    2. 25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Maharashtra, India.
  49. 26. Statutory and regulatory disclosures
    2. 26.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    3. 26.2 These terms and conditions are available in the English language only.
    4. 26.3 We are registered in India with the Ministry of Corporate Affairs, Government of India as a Private Limited Company, under registration number U74999PN2016PTC164279, and our registered office is at C-603, Rhythm Society, S. No. 210, Aundh Chest Hospital Road, Kalewadi Phata, Wakad, Pune — 411057.
    5. 26.4 We are registered with the relevant tax authorities in India and our GSTIN is 27AAKCM2960L1Z0.
  51. 27. Our details
    1. 27.1 This website is owned and operated by Mountain Walker Private Limited.
    2. 27.2 We are registered in India with the Ministry of Corporate Affairs, Government of India as a Private Limited Company, under registration number U74999PN2016PTC164279, and our registered office is at C-603, Rhythm Society, S. No. 210, Aundh Chest Hospital Road, Kalewadi Phata, Wakad, Pune — 411057.
    3. 27.3 Our principal place of business is at 304, BHASKARA BUILDING-D, S.NO.126 DSK VISHWA, DHAYRI, Pune, Maharashtra, 411041.
    4. 27.4 You can contact us:
      1. (a) by post, to the postal address given above;
      2. (b) using our website contact form;
      3. (c) by telephone, on the contact number published on our website; or
      4. (d) by email, using the email address published on our website.

Terms and Conditions of Sale of Online Products via Website

  1. 1. Credit
    1. 1.1 This document was created using a template from Docular (https://docular.net).
  1. 2. Introduction
    1. 2.1 These terms and conditions shall govern the sale and purchase of products through our website (https://themountainwalker.com/).
    2. 2.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
    3. 2.3 This document does not affect any statutory rights you may have as a consumer (such as rights under Consumer Protection Act or other relevant laws).
  4. 3. Interpretation
    1. 3.1 In these terms and conditions:
      1. (a) “we” means Mountain Walker Private Limited; and
      2. (b) “you” means our customer or prospective customer,
    2. and “us”, “our” and “your” should be construed accordingly.
  1. 4. Order process
    1. 4.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
    2. 4.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 4.
    3. 4.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you can carry out the transaction as a “guest” or you may create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
    4. 4.4 You will have the opportunity to identify and correct input errors prior to making your order by checking the details and making necessary changes as applicable.
  1. 5. Products
    1. 5.1 The following types of products are or may be available on our website from time to time: eBooks, Memberships, Paperback Books, Posters, Postcards, Photoscapes, Stock Images, Stock Footage.
    2. 5.2 We may periodically add and/or remove and/or change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
  1. 6. Prices
    1. 6.1 Our prices are quoted on our website.
    2. 6.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
    3. 6.3 All amounts stated in these terms and conditions or on our website are stated exclusive of GST.
    4. 6.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
    5. 6.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
  1. 7. Payments
    1. 7.1 You must, during the checkout process, pay the prices of the products you order.
    2. 7.2 Payments may be made by any of the permitted methods specified on our website from time to time.
    3. 7.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
    4. 7.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: 
      1. (a) an amount equal to the amount of the charge-back;
      2. (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      3. (c) an administration fee of INR 1875.00 or USD 25.00, excluding GST, whichever is greater; and
      4. (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including without limitation legal fees and debt collection fees),
    5. and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.4.
  1. 8. Deliveries
    1. 8.1 Our policies and procedures relating to the delivery of products are set out in this Section 8.
    2. 8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
    3. 8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
    4. 8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
  1. 9. Terms and Conditions specific to eBooks, and other Online Media Products
    1. 9.1 General
      1. (a) eBook or other online media products purchased cannot be returned, refunded, or exchanged.
      2. (b) If you experience technical difficulty in downloading or accessing eBook or other online media products, please contact our customer service team for assistance (support@themountainwalker.com).
      3. (c) You are permitted to download the eBook or other online media products but this licence is personal to you, non-exclusive and non-transferrable.
      4. (d) You are forbidden from copying and reproduction of eBook or other online media products for any purposes other than that in the manner specified in the Licence of Copyright.
      5. (e) You may not use the eBook or other online media products on more than one computer system concurrently, make or distribute unauthorised copies of the eBook or other online media products, or use, copy, modify, or transfer the eBook or other online media products, in whole or in part, unless you receive our express permission.
      6. (f) If you transfer possession of the eBook or other online media products to a third party, the licence is automatically terminated.
    2. 9.2 Terms of Use
      1. (a) You are granted the right to download the eBook or other online media products
      2. (b) You may create and save bookmarks, highlights and notes as provided by the functionality of the program.
      3. (c) You agree to protect the eBook or other online media products from unauthorised use, reproduction, or distribution.
      4. (d) You further agree not to translate, decompile, or disassemble the eBook or other online media products except to the extent permitted under applicable law.
      5. (e) Multi-use configurations or network distribution of the eBook or other online media products is expressly prohibited.
    3. 9.3 Copyright
    4. The entire contents of the eBook or other online media products are protected by copyright. You may not remove, delete, transmit or create derivative works from any of the content of the eBook or other online media products. No part of any chapter of any eBook or other online media products may be transmitted in any form by any means or reproduced for any other purpose, without the prior written permission except as permitted in this licence agreement or under applicable law.
    5. 9.4 Disclaimer
    6. The eBook or other online media products are provided “as is”, without warranty of any kind, expressed or implied including without limitations, accuracy, omissions, completeness or implied warranties or suitability or fitness for a particular purpose or other incidental damages arising out of the use or the inability to use the eBook or other online media products. You acknowledge that the use of this service is entirely at your own risk. This agreement is governed by Laws of India. You acknowledge that you have read this Agreement, and agree to be bound by its terms and conditions.
    7. 9.5 Termination
    8. The agreement between Mountain Walker Private Limited and our customer or prospective customer will be terminated in case any party is found violating any terms and conditions mentioned above.
  1. 10. Distance contracts: cancellation right
    1. 10.1 This Section 10 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
    2. 10.2 You will not have any right to cancel a contract as described in this Section 10 insofar as the contract relates to:
      1. (a) the supply of any digital downloadable media or multimedia products including but not limited to eBooks, Paperback Books, Posters, Postcards, Photoscapes, Stock Images, Stock Footage;
      2. (b) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
      3. (c) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;
      4. (d) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
      5. (e) the supply of goods which are liable to deteriorate or expire rapidly;
      6. (f) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
      7. (g) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or
      8. (h) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
    3. 10.3 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
      1. (a) beginning upon the submission of your offer; and
      2. (b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
    4. 10.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 10, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
    5. 10.5 If you cancel a contract on the basis described in this Section 10, you must send the products back to us to 304, BHASKARA BUILDING-D, S.NO.126 DSK VISHWA, DHAYRI, Pune, Maharashtra, 411041 or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 10 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
    6. 10.6 If you cancel an order in accordance with this Section 10, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
      1. (a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
      2. (b) as otherwise provided in this Section 10.
    7. 10.7 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
    8. 10.8 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
    9. 10.9 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 10 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
  1. 11. Warranties and representations
    1. 11.1 You warrant and represent to us that: 
      1. (a) you are legally capable of entering into binding contracts;
      2. (b) you have full authority, power and capacity to agree to these terms and conditions;
      3. (c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
      4. (d) you will be able to take delivery of the products in accordance with these terms and conditions.
    2. 11.2 We warrant to you that: 
      1. (a) we have the right to sell the products that you buy;
      2. (b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
      3. (c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
      4. (d) the products you buy will correspond to any description published on our website; and
      5. (e) the products you buy will be of satisfactory quality.
    3. 11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
  1. 12. Limitations and exclusions of liability
    1. 12.1 Nothing in these terms and conditions will:
      1. (a) limit or exclude any liability for death or personal injury resulting from negligence;
      2. (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. (c) limit any liabilities in any way that is not permitted under applicable law; or
      4. (d) exclude any liabilities that may not be excluded under applicable law,
    2. and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
    3. 12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: 
      1. (a) are subject to Section 12.1; and
      2. (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    4. 12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. 12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. 12.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    7. 12.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
      1. (a) the total amount paid and payable to us under the contract.
  1. 13. Order cancellation
    1. 13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if: 
      1. (a) you fail to pay, on time and in full, any amount due to us under that contract; or
      2. (b) you commit any material breach of that contract.
    2. 13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
    3. 13.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
  • 14. Consequences of order cancellation
    • 14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13: 
      • (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
      • (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
      • (c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 2.3, 7.4, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
  1. 15. Scope
    1. 15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
    2. 15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
    3. 15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
  1. 16. Variation
    1. 16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
    2. 16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
  1. 17. Assignment
    1. 17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
    2. 17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 
  1. 18. No waivers
    1. 18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
    2. 18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
  1. 19. Severability
    1. 19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. 19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 
  1. 20. Third party rights
    1. 20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. 20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
  1. 21. Entire agreement
    1. 21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
  1. 22. Law and jurisdiction
    1. 22.1 These terms and conditions shall be governed by and construed in accordance with laws of India.
    2. 22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Maharashtra, India.
  1. 23. Statutory and regulatory disclosures
    1. 23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    2. 23.2 These terms and conditions are available in the English language only.
    3. 23.3 We are registered in India with the Ministry of Corporate Affairs, Government of India as a Private Limited Company, under registration number U74999PN2016PTC164279, and our registered office is at C-603, Rhythm Society, S. No. 210, Aundh Chest Hospital Road, Kalewadi Phata, Wakad, Pune – 411057.
    4. 23.4 We are registered with the relevant tax authorities in India and our GSTIN is 27AAKCM2960L1Z0.
  1. 24. Our details
    1. 24.1 This website is owned and operated by Mountain Walker Private Limited.
    2. 24.2 Our principal place of business is at 304, BHASKARA BUILDING-D, S.NO.126 DSK VISHWA, DHAYRI, Pune, Maharashtra, 411041.
    3. 24.3 You can contact us:
      1. (a) using our website contact form;
      2. (b) by telephone, on the contact number published on our website from time to time; or
      3. (c) by email, using the email address published on our website from time to time.

Digital Content Licence Agreement

PURPOSE

This is a License Agreement document between “you” (the Customer) and The Mountain Walker (www.themountainwalker.com). By purchasing and/or downloading any Digital Content from The Mountain Walker, you accept and bind yourself to the terms of this Agreement. This document describes the various ways in which you can use the Digital Content that you purchase and/or download from The Mountain Walker. The document also specifies the restrictions on Use of our Digital Content.

PARTIES

  • 1. Mountain Walker Private Limited, a company registered under the laws of India, having registered office at C-603, Rhythm Society, S. No. 210, Aundh Chest Hospital Road, Kalewadi Phata, Wakad, Pune – 411057, Maharashtra, India (herein after referred to as “The Mountain Walker”, which expression shall unless it be repugnant to the context mean and include its heirs, executors, administrators, representatives and assigns etc) (the “Licensor“); and
  • 2. You, the Customer, who downloads the Digital Content as defined in this License, as an individual (“you”) (the “Licensee“).

LICENCE

  • 1. Definitions
    • 1.1 Except to the extent expressly provided otherwise, in this Licence:
    • “Affiliate” means an entity that Controls, is Controlled by, or is under common Control with the relevant entity;
    • “Business Day” means any weekday other than a bank or public holiday in India;
    • “Business Hours” means the hours of 09:00 to 17:00 IST on a Business Day;
    • “Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” should be construed accordingly);
    • “Digital Content” means media files including but not limited to stock images and footage owned by The Mountain Walker and available on our website that you have selected for purchase and which is identified on the Invoice;
    • “Effective Date” means the date of execution of this Licence, which is the date of our Invoice provided for your purchase of our Digital Content;
    • “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregisterable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
    • “Invoice” means the computer-generated or pre-printed invoice and/or license document provided by The Mountain Walker that may include, without limitation, details of the Digital Content selected, any limitations on the Licence in addition to those specified herein, and the corresponding price for the Licence. The invoice or license document will specify if any Digital Content bought are Royalty Free if applicable;
    • “Licence” means this licence, and any amendments to this licence from time to time;
    • “Licence Fee” means any sum or sums payable to The Mountain Walker by you in respect of the Licence;
    • “Licensed Rights” has the meaning given to it in Clause 2.1;
    • “Term” means, in respect of this Licence, the period of 12 months beginning on the Effective Date;
    • “Release” means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Content;
    • “Reproduction” includes any form of copying or publication of the whole or part of any Content whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Content (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Image or clip may not appear to a reasonable person to be derived from the original Content.
    • “Use” means to copy, Reproduce, modify, edit, synchronise, perform, display, broadcast, publish, or otherwise make use of, within defined limits and subject to restrictions of Use. Examples of how you can Use the Licensed Digital Content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions.
  • 2. Licence
    • 2.1 Subject to Restrictions of Use and other terms of this Agreement, the License grants you the following Rights of Use:
      • (a) to copy, reproduce, modify, edit, incorporate, synchronise the Digital Content for personal, educational, and training purposes; and
      • (b) perform, display, broadcast, publish, or otherwise make use of the Digital Content, within defined limits and subject to restrictions of Use.
      • Examples of how you can Use the Licensed Digital Content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions.
    • 2.2 Subject to Restrictions of Use and other terms of this Agreement, the nature of the License is defined as follows:
      • (a) As per “Term”, meaning the use is governed by expiration or end date, which is 12 months beginning on the Effective Date;
      • (b) Single Seat, meaning only one natural person is permitted to license, download and use the Digital Content;
      • (c) Non-exclusive, meaning that you do not have exclusive rights to use the content. The Mountain Walker is free to license the same Digital Content to other customers;
      • (d) Non-transferable and Non-sublicensable, meaning that you cannot transfer or sublicense the Digital Content to anyone else;
      • (e) Unlimited, meaning you can use the Digital Content in an unlimited number of projects;
      • (f) Worldwide, meaning Digital Content can be used in any geographic territory.
  • 3. Restrictions of Use
    • 3.1 Following are the Restrictions of Use of our Digital Content:
      • (a) You may not use the caption information, keywords, accompanying text, or other metadata associated with Digital Content separate and apart from the Digital Content, or allow any third parties to access or use any such information associated with Digital Content;
      • (b) You may not use Digital Content marked “editorial use only” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of Digital Content is not Model or Property Released and is intended to be used only in connection with events that are newsworthy or of general interest (for example, in a blog, textbook, newspaper or magazine article);
      • (c) You may not use the Digital Content in any way that allows others to download, extract or redistribute the Digital Content as a standalone file (meaning just the Digital Content file itself, separate from the project or end use);
      • (d) You may not use the Digital Content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark or logo;
      • (e) The Digital Content must not be used as references for creating drawings or other visual works;
      • (f) You may not falsely represent that you are the original creator of a work that is made up largely of the Digital Content. For instance, you cannot create artwork based solely on the Digital Content and claim that you are the author;
      • (g) You may not use the Digital Content in a manner that infringes upon any third party’s Trademark or other Intellectual Property, or would give rise to a claim of deceptive advertising or unfair competition;
      • (h) You may not use the Digital Content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates);
      • (i) You may not use the Digital Content in connection with “on demand” products (e.g., products in which a Licensed Digital Content is selected by a third party for customisation of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites);
      • (j) You may not use the Digital Content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
  • 4. Release Information
    • 4.1 The Mountain Walker gives no representations or warranties whatsoever as to the existence of any Releases associated with the Digital Content.
    • 4.2 You must satisfy yourself that all Releases as may be required for Reproduction of the Digital Content have been secured and are appropriate for your intended Use. You are solely responsible for obtaining all such Releases and the Licence is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Digital Content usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by The Mountain Walker employees or representatives save as set out in this Agreement.
    • 4.3 Failure or refusal by you to secure the relevant Releases for Reproduction of the Digital Content is considered a breach of this Agreement and a breach of Intellectual Property Rights, for which you shall be solely liable and for which you shall indemnify and hold harmless The Mountain Walker, the Artist/Photographer/Author and their respective parents, subsidiaries, successors, assigns, and all employees and agents. This indemnification is in addition to, not in lieu of, the indemnification set forth in Section 8 herein and shall survive the expiration or earlier termination of this Agreement.
  • 5. Intellectual Property Rights and Moral Rights
    • 5.1 All of the Licensed Digital Content is owned by either The Mountain Walker or Artist/Photographer/Author who supply the Digital Content. All rights not expressly granted in this agreement are reserved by The Mountain Walker and the Artist/Photographer/Author.
    • 5.2 Licensee acknowledges that The Mountain Walker and/or the Artist/Photographer/Author as identified in a particular Digital Content is the first and sole owner of the specific Digital Content, and own the copyright of the specific Digital Content, and shall remain the first and sole owner of all Digital Content available for purchase and/or download from The Mountain Walker.
    • 5.3 This License does not transfer or assign any Intellectual Property Rights or Copyright to the Licensee whatsoever. For the sake of clarity, it is stated that this Agreement is only a Licence to Use.
    • 5.4 It is not required to give credit if the Digital Content is being used as part of a digital presentation or similar aggregation. If the use is in a manner or situation where credit would reasonably be expected, including for editorial purposes such as part of a blog, the following credit should be provided: “The Mountain Walker/Artist/Photographer/Author.”
    • 5.5 The Licensor reserves all Rights, including but not limited to Intellectual Property Rights and Copyright, on the Digital Content, not expressly granted by the Licensor in this Licence.

6. Consideration

6.1 The Licensor has entered into this Licence, and agrees to the provisions of this Licence, in consideration for the payment by the Licensee to the Licensor of the sum as specified in the description of the Digital Content and our Invoice, receipt of which the Licensor now acknowledges.

7. Warranties

7.1 The Licensor warrants to the Licensee that it has the legal right and authority to enter into this Licence and to perform its obligations under this Licence.

7.2 The Licensor warrants to the Licensee that:

(a) the Use of the Digital Content by the Licensee in accordance with this Licence will not breach any law or regulation, infringe any person’s Intellectual Property Rights or other legal rights, or give rise to any cause of action against the Licensee or any other person in each case under any applicable law and in any jurisdiction;

(b) the Digital Content is not and has never been the subject of any threatened or actual legal proceedings or formal complaint, save as disclosed by the Licensor to the Licensee before the Effective Date;

(c) “Editorial Use Only” Warranty Disclaimer: For Digital Content identified as “editorial use only”, The Mountain Walker warrants that the Digital Content will not infringe on any Copyright or moral right of the Artist/Photographer/Author, but it does not grant any Right or make any Warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the Digital Content. In such cases, you are solely responsible for determining whether Release(s) is/are required in connection with your proposed use of the Digital Content identified as “editorial use only” and you are solely responsible for obtaining such Release(s). You acknowledge that no Releases are generally obtained for Digital Content identified as “editorial use only” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a Release;

(d) Caption and File Information Warranty Disclaimer: The Mountain Walker does not exclusively warrant the accuracy of the captioning, key-wording or any other information associated with the Digital Content;

(e) General Warranty Disclaimer:The Mountain Walker gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Digital Content.

7.3 The Licensee warrants to the Licensor that it has the legal right and authority to enter into this Licence and to perform its obligations under this Licence.

7.4 All of the Parties’ warranties and representations in respect of the subject matter of this Licence are expressly set out in this Licence. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Licence will be implied into this Licence or any related contract.

8. Indemnities

8.1 You agree to defend, indemnify and hold harmless The Mountain Walker and/or the Artist/Photographer/Author, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this Licence Agreement.

9. Limitations and Exclusions of Liability

9.1 The Mountain Walker will not be liable to You or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of this Agreement.

10. Assignment

10.1 The Licensee hereby agrees that the Licensor may assign, transfer or otherwise deal with the Licensor’s contractual rights and obligations under this Licence.

10.2 The Licensee must not assign, transfer or otherwise deal with the Licensee’s contractual rights and/or obligations under this Licence without the prior written consent of the Licensor.

11. No Waivers

11.1 No breach of any provision of this Licence will be waived except with the express written consent of the party not in breach.

11.2 No waiver of any breach of any provision of this Licence shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of this Licence.

12. Severability

12.1 If a provision of this Licence is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

12.2 If any unlawful and/or unenforceable provision of this Licence would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

13. Third Party Rights

13.1 This Licence is for the benefit of the parties, and is not intended to benefit or be enforceable by any third party.

13.2 The exercise of the parties’ rights under this Licence is not subject to the consent of any third party.

14. Variation

14.1 This Licence may not be varied except by means of a written document signed by or on behalf of each party.

15. Entire Agreement

15.1 The main body of this Licence shall constitute the entire agreement between the parties in relation to the subject matter of this Licence, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

15.2 Neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into this Licence.

15.3 The provisions of this Clause 15 are subject to Clause 9.

16. Law and Jurisdiction

16.1 This Licence shall be governed by and construed in accordance with the laws of the state of Maharashtra in India.

16.2 Any disputes relating to the terms and conditions of this Licence Agreement shall be subject to the exclusive jurisdiction of the courts of Maharashtra, India.

17. Interpretation

17.1 In this Licence, a reference to a statute or statutory provision includes a reference to: 

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

17.2 The Clause headings do not affect the interpretation of this Licence.

17.3 References in this Licence to “calendar months” are to the 12 named periods (January, February and so on) into which a year is divided.

17.4 In this Licence, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

*** end of document ***