Terms & Conditions

1. Acceptance of Terms

Welcome to HimLocal. These Terms and Conditions ("Terms") govern your use of our website himlocal.com and any related services provided by HimLocal ("HimLocal", "we", "us", or "our").

HimLocal is a Software-as-a-Service (SaaS) platform that provides technology tools and website hosting services to businesses in the Himalayan region. We are not an e-commerce marketplace, retailer, or service provider. We do not sell products, process payments, fulfill orders, or provide shipping services ourselves.

By accessing or using our website, creating an account, or engaging with any business hosted on our platform, you agree to be bound by these Terms. If you do not agree, please do not use our services. We reserve the right to modify these Terms at any time.

2. Nature of Our Service

HimLocal provides a SaaS platform that enables businesses (hotels, shops, restaurants, adventure operators, and other service providers) to:

• Create and manage their own branded websites (with custom domains or subdomains)
• List their products and services online
• Accept bookings and orders through their own storefronts
• Manage inventory, pricing, and customer communications
• Integrate their own payment gateways (e.g., Razorpay)

Important Clarifications:

• HimLocal does not receive, hold, or process customer payments. All payments are made directly to the respective business through their own payment gateway.
• HimLocal does not handle, ship, or deliver any products or services. Fulfillment is the sole responsibility of each business.
• HimLocal does not guarantee the quality, safety, legality, or authenticity of any product or service listed by businesses on our platform.
• HimLocal is not a party to any transaction between you and a business. Any purchase, booking, or order is a direct contract between you and that business.

3. Eligibility

• You must be at least 18 years of age to use our services.
• If you are under 18, you may use our website only with the involvement of a parent or guardian.
• By using our services, you represent that you have the legal capacity to enter into a binding contract.

4. Account Registration

4.1 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at our discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is harmful to our business.

5. Products, Services & Transactions

All products, services, descriptions, and pricing displayed on HimLocal and on business websites hosted by our platform are provided by the respective businesses, not by HimLocal.

• We do not verify or guarantee product descriptions, pricing, images, or availability.
• Each business is solely responsible for the accuracy of their listings.
• Any transaction you enter into is between you and that business directly.
• Disputes regarding product quality, delivery, refunds, or any other transactional matter must be resolved directly with the respective business.

6. Payments

HimLocal does not collect, process, or hold any customer payments for products or services. All payments are processed directly by the respective business through their own payment gateways (such as Razorpay).

We are not responsible for:

• Payment processing errors or failures
• Unauthorized charges by a business
• Refund processing delays or disputes
• Currency conversion issues

Payment security is handled by the payment gateway used by each business. Please refer to their respective security certifications and policies.

7. Shipping and Delivery

HimLocal does not provide shipping, delivery, or logistics services. All shipping and delivery is the sole responsibility of the respective business.

For questions about shipping timelines, delivery areas, shipping charges, tracking, and delivery-related issues, please contact the business from which you placed your order directly.

8. Returns, Refunds & Disputes

Return and refund policies are set by each individual business, not by HimLocal. We are not responsible for and do not mediate:

• Product returns or exchanges
• Refund processing
• Disputes between buyers and businesses
• Service quality complaints

Please refer to the return/refund policy of the specific business you transacted with.

9. Intellectual Property

9.1 Platform Content

All platform-level content, including our logos, software, design, and documentation, is the property of HimLocal and is protected by intellectual property laws. Business content (product images, descriptions, etc.) remains the property of the respective businesses.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

• Copy, modify, or distribute platform content
• Use automated systems to scrape or collect data
• Reverse-engineer our software or services
• Create derivative works from platform content

10. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Provide false or misleading information
• Interfere with the operation of our platform
• Attempt to gain unauthorized access to our systems
• Use our platform to distribute spam or malware
• Engage in fraudulent activities
• Post defamatory, obscene, or offensive content
• Impersonate any person or entity

11. Disclaimer of Warranties

Our platform and services are provided "as is" and "as available" without warranties of any kind, either express or implied.

Since HimLocal is a technology platform and not a product seller, service provider, or payment processor:

• We make no guarantees about any product, service, or business listed on our platform
• We do not endorse any business hosted on our platform
• We are not liable for any losses arising from transactions with businesses
• We do not guarantee uninterrupted or error-free platform operation

12. Limitation of Liability

To the maximum extent permitted by law, HimLocal shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Any disputes, damages, or losses arising from your transactions with businesses on our platform
• Product defects, service failures, shipping issues, payment errors, or any other matter between you and a business
• Actions or omissions of any business hosted on our platform

Our total liability for any platform-related claim shall not exceed the fees paid by you to HimLocal (if any) in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless HimLocal, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses arising from your use of our platform, violation of these Terms, or infringement of any rights of third parties.

14. Third-Party Links & Services

Our platform may contain links to third-party websites and services. Businesses on our platform may use their own third-party integrations (payment gateways, shipping providers, etc.). We are not responsible for the content, privacy practices, or terms of any third-party service.

15. Force Majeure

We shall not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, wars, terrorism, riots, pandemics, government actions, power failures, or communication system failures.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms or your use of our platform shall be subject to the exclusive jurisdiction of the courts in Shimla, Himachal Pradesh, India.

17. Dispute Resolution

For disputes with a business on our platform, please contact that business directly. HimLocal is not a party to such disputes.

For disputes with HimLocal regarding our platform services:

• Contact us at support@himlocal.com to attempt informal resolution
• Allow 30 days for us to address your concern
• Consider mediation or arbitration as alternative dispute resolution methods

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HimLocal regarding your use of our platform and supersede any prior agreements.

20. Contact Us

If you have any questions about these Terms and Conditions, please contact us: