Terms & Conditions

This document constitutes an electronic record within the meaning of the Information Technology Act, 2000 ("IT Act, 2000") and the rules made thereunder, including the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules 2021"), as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signature to be legally binding upon the parties.

These Terms and Conditions ("Terms") have been published in accordance with Rule 3(1) of the IT Rules 2021 and the applicable provisions of the IT Act, 2000. These Terms constitute a legally binding agreement between HMRA.in / Motohimalayas.com (hereinafter "the Company", "we", "us", or "our") and every user, visitor, member, rider, or participant ("you", "user") of the Website and its associated platforms.

The use of the Website — www.HMRA.in / www.motohimalayas.com — and its related sub-domain sites, booking platforms, membership portals, mobile applications, and rider dashboards by any user is governed by these Terms and Conditions, together with all policies incorporated herein by reference.

Use of the Website is available only to persons who are competent to form a legally binding contract under the Indian Contract Act, 1872 ("Contract Act"). Persons who are incompetent to contract within the meaning of the Contract Act — including but not limited to minors (persons below eighteen (18) years of age), undischarged insolvents, and persons of unsound mind — are not eligible to use the Website or avail of any services offered thereon.

If you are below the age of eighteen (18) years, you shall not register as a member of the Website and shall not purchase or make payment for any services or events on the Website, except through your legal guardian or parent who has themselves registered as a user on the Website and who expressly assumes responsibility for your use.

When you use the Website or send emails or other data, information, or communications to HMRA.in / Motohimalayas.com, you agree and understand that you are communicating through electronic records and that your actions constitute valid electronic execution of agreements.

You hereby consent to receive communications from us electronically — by email, SMS, in-platform notifications, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Membership of and browsing on the Website is free of charge. HMRA.in does not levy any fees solely for browsing the Website. Any modifications to fees or the fee policy shall be posted directly on the Website with reasonable notice. Continued use of the Website following such notice shall constitute your acceptance of the revised fee structure.

You are responsible for paying all fees associated with your use of the Website and agree to bear all applicable taxes, charges, cesses, and levies thereon — including Goods and Services Tax (GST) — as mandated by applicable law from time to time.

HMRA.in reserves the right to issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership of the Website and to refuse access to all current and future services in the event of non-payment of applicable fees or charges, subject to compliance with applicable law.

In accordance with Rule 3(1)(b) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, you undertake that you shall not host, post, display, upload, modify, publish, transmit, store, update, or share any information or material that:

• Belongs to another person to which you do not have any right or explicit authorisation;
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, or otherwise unlawful in any manner whatsoever;
• Harms or has the potential to harm minors in any way, including content prohibited under the Protection of Children from Sexual Offences Act, 2012;
• Infringes any patent, trademark, copyright, trade secret, or other proprietary right;
• Contains software viruses, malware, Trojan horses, worms, or any other computer code, files, or programmes designed to interrupt, destroy, or limit the functionality of any computer resource;
• Is patently false and untrue, or is written or published in any form, with the intent to mislead or harass another person for financial gain or to cause any injury to any person;
• Threatens the unity, integrity, defence, security, or sovereignty of India, or its friendly relations with foreign states, or public order, or causes incitement to commission of any cognisable offence; or
• Deceives or misleads the addressee about the origin of the message or communicates any content that is otherwise unlawful.

To the fullest extent permitted by applicable law, HMRA.in, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, or service providers shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages — including but not limited to loss of profits, data, goodwill, or other intangible losses — arising out of or in connection with your access to or use of (or inability to use) the Website or the services offered thereon.

Nothing in this clause shall limit or exclude the Company's liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded under applicable Indian law, including under the Consumer Protection Act, 2019.

Neither party shall be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, landslides, floods, avalanches, blizzards, epidemics, pandemics, government orders or directives, national emergencies, civil unrest, war, or road closures declared by competent authorities ("Force Majeure Event").

In the event of a Force Majeure Event, the affected party shall notify the other party as soon as reasonably practicable. Bookings affected by a Force Majeure Event may — at the Company's discretion — be rescheduled, credited, or cancelled subject to partial refund, as set out in the Cancellation and Refund Policy. The Company's obligations shall be suspended for the duration of the Force Majeure Event and shall resume upon its cessation, to the extent reasonably practicable.

If any dispute, difference, or claim arises between you and HMRA.in during your use of the Website or in connection with the services provided thereunder, such dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended), before a sole arbitrator mutually appointed by both parties in writing.

In the event the parties fail to mutually agree upon the appointment of a sole arbitrator within thirty (30) days of a written notice of dispute being served by either party upon the other, either party may approach the competent court under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of the arbitrator.

The seat and place of arbitration shall be New Delhi, India. The language of the proceedings shall be English. The arbitral award shall be final and binding upon both parties. Notwithstanding the above, either party shall be entitled to seek interim or injunctive relief from the courts of competent jurisdiction at New Delhi, India, pending conclusion of arbitration proceedings.

These Terms and Conditions and all disputes or claims arising out of or in connection with them — whether contractual, tortious, or otherwise — shall be governed by and construed in accordance with the laws of India. Subject to Clause 1.9 above, the courts at New Delhi, India shall have exclusive jurisdiction to entertain any disputes arising hereunder, including applications for interim relief or enforcement of arbitral awards.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to render it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions of these Terms shall continue in full force and effect.

No failure or delay on the part of HMRA.in in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

These Terms, together with the Privacy Policy, Cookie Policy, Booking Policy, Cancellation and Refund Policy, Insurance Policy, Membership Policy, Disclaimer, Participant Safety and Risk Waiver, and any other policies or documents incorporated herein by reference, constitute the entire agreement between you and HMRA.in / Motohimalayas.com with respect to the subject matter hereof. These Terms supersede all prior agreements, representations, warranties, and understandings between the parties, whether oral or written, relating to such subject matter.

All content on the Website and associated platforms — including but not limited to text, photographs, tour itineraries, route maps, rider guides, expedition reports, graphics, logos, brand marks, videos, and software — is the exclusive intellectual property of HMRA Private Limited (Himalayan Monk Riders Associates Pvt Ltd.) and/or its licensors and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and applicable intellectual property laws of India and applicable international treaties. Reproduction, distribution, modification, adaptation, sub-licensing, or commercial use of any such content without the express prior written permission of HMRA Private Limited (Himalayan Monk Riders Associates Pvt Ltd.) is strictly prohibited and may attract civil and criminal liability.

In accordance with the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, and applicable provisions of the IT Act, 2000, users may raise grievances relating to content, privacy, data processing, or services by contacting the designated Grievance Officer of the Company.

Grievances will be acknowledged within twenty-four (24) hours of receipt and resolved within fifteen (15) working days, as required under applicable law.