Terms of Use for Himalaya Smart Consulting (HSC) Sas and It's Services

TERMS & CONDITIONS OF USE - LAST UPDATED ON 19/01/2023

Please read these terms and conditions carefully before using Our Services and website.

Interpretation and definitions

Interpretation

Words whose initial letter is capitalized have meanings defined in the following conditions. The following definitions have the same meaning whether they appear in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, interests or other securities entitled to vote in the election of directors or other managing authority.
  • Country refers to: France
  • The Company (referred to as "the Company", "Himalaya Smart Consulting", "HSC", "We", "Us" or "Our" in these Terms of Use) refers to HIMALAYA SMART CONSULTING Sas, located at 120 ROUTE DES MACARONS - 06560 SOPHIA ANTIPOLIS, FRANCE.
  • Device means any device that can access the Service, such as a computer, mobile phone or tablet.
  • Service refers to the website: www.himalaya-smartconsulting.com
  • General Terms and Conditions of Use (also referred to as "Terms", "Terms and Conditions" or "GTCU") means these terms and conditions.
  • Terms and Conditions which constitute the entire agreement between You and the Company regarding the use of the Service.
  • Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included, re-directed to an external site or made available through the Service.
  • Website refers to HSC, accessible from www.himalaya-smartconsulting.com
  • You means the person, Internet user, user who accesses or uses the Service, or the company, or other legal entity on whose behalf such person accesses or uses the Service, as applicable.

 

Purpose of the Service

Through our Corporate website, we provide you with information about the Company, its activities and its offers.

However, this information represents only a presentation of the Company's products and services and is in no way contractual.

Recognition

These are the Terms and Conditions governing the use of this Service and the agreement that applies between You and the Company. These Terms and Conditions define the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.

You declare that you are over 18 years of age. The Company does not authorize persons under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned upon Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the App or Website and informs you of your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend your access immediately, without notice or liability, for any reason, including, without limitation, if you breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company, its partners or suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury,  loss of privacy arising out of or in any way related to the use of or inability to use the Service, third party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The use of the elements and information of this website are the sole responsibility of the user.

Legal information does not constitute legal advice, in case You are seeking legal advice or legal support, please contact a law firm.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You on an "AS IS" and "AS AVAILABLE" basis and with all defects and defects without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability,  fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, performance, use or trade practice. Without limiting the foregoing, the Company makes no warranties or undertakings, and makes no representation whatsoever that the Service will meet Your requirements, achieve its intended results, be compatible or function with any other software, application, system or service, operate without interruption, meet standards of performance or reliability or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's suppliers makes any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included therein; (ii) the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Service; or (iv) the Service, its servers, content or emails sent to or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section will apply to the fullest extent applicable under applicable law.

Governing Law

The laws of the country, excluding its conflict of law rules, govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws.

In the event that any part of these Terms is held to be unenforceable, the unenforceable part shall be construed in accordance with applicable law as closely as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

These Terms shall be governed by and construed in accordance with French law. Any cause of action against HSC shall be commenced in France.

Dispute Resolution

If you have a complaint or dispute regarding the Service, you agree to first attempt to resolve the dispute amicably by contacting the Company.

For users in the European Union (EU)

If you are a user from the European Union, you will benefit from all mandatory provisions of the law in force within the EU.

Severability and Waiver

Divisibility

If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified and construed to fully achieve the objectives of that provision possible under applicable law and the remaining provisions will remain in full force and effect.

Waiver

Except as otherwise provided herein, failure to exercise any right or require performance of any obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, and the waiver of a breach shall not constitute a waiver of any subsequent breach.

Translation interpretation

These T&Cs may have been translated if We have made them available to You on our Service. You agree that the original French text prevails in the event of a dispute.

Changes to these Terms and Conditions

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms come into effect. What constitutes a material change will be determined in our sole discretion.

By continuing to access or use Our Service after such revisions become effective, You agree to be bound by the revised terms. If you do not agree to the new Terms, in whole or in part, please stop using the Website and Service.

Contact us

If you have any questions about these Terms, You can contact us:

  • By email: CONTACT US
  • By mail: 120 ROUTE DES MACARONS, 06560 VALBONNE-SOPHIA ANTIPOLIS – France
  • By Phone : CALL US

 

 

 

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