Terms of use

Use the links below to get to the different parts of our Terms.

Our terms

Liability disclaimer

Intellectual property and branding

Contributions to indianmountaineers.com

Search engines and email addresses

Competitions

Children 16 and under

Links outward

Links inward

RSS feeds

Indian Mountaineers membership

Complaints

Law

Updates to our terms

 

Our terms

1. Access to and use of this website, indianmountaineers.com, is provided by the Indian Mountaineers (Indian Mountaineers). All use of indianmountaineers.com, and any website owned by Indian Mountaineers is on these terms. If you don’t agree to abide by these terms, please don’t use our websites.

2. We may update these terms at any time. You should visit this page regularly to review the then-current terms because they are binding on you. Some of these terms may be superseded by special legal notices or terms located on particular pages on indianmountaineers.com or one of our microsites. Continued use of the website constitutes your agreement to all such revised website terms.

3. Through the Site you may gain access to the commercial products and services which are wholly owned by Indian Mountaineers. In addition to the website terms and conditions, there may be some more terms and conditions relating to your use/purchase of our products and services. Make sure you read these at the time of ordering.

4. Some parts of our Site are for Indian Mountaineers members only. However, the majority of the Site is accessible to every user.

5. You must not use our website or microsites in any way that causes the website to be damaged or access to the website to be interrupted at all.

6. Your use of our website is also governed by our Data protection and privacy statement, the provisions of which also form part of these terms of use.

 

Liability disclaimer

7. The Site will normally be available all day, every day. Indian Mountaineers will not be liable for any loss suffered as a result of downtime on all, or part, of the Site however it is caused.

8. While the information contained in the Site has been compiled from sources believed to be current and reliable, Indian Mountaineers makes no warranties about the accuracy, reliability, completeness or timeliness of such information and will not be liable for any loss or damage suffered as a result of any error or omission which may occur.

9. The contents of the Indian Mountaineers Site and our microsites (including our forums) don’t constitute advice, and reliance upon such content is entirely at the user’s own risk.

10. Some material, such as on the forums and blogs, will be uploaded to the website by users. Indian Mountaineers makes no warranties and accepts no liability for such material.

11. Indian Mountaineers will not be liable for any damages arising from the use of, or inability to use, the Site or any of its contents. Whilst precautions are taken (such as checking all documents are virus-free), Indian Mountaineers does not guarantee that the Site is free of infection by viruses or anything else that may be harmful or destructive. If use of the Site results in the need for servicing or replacing equipment or data, Indian Mountaineers is not responsible for those costs.

12. We will, upon notification, consider removing any material open to legal objection while it’s being investigated.

13. Indian Mountaineers bears no responsibility for the information given here. All Indian Mountaineers membership applications are subject to ratification by the Administrators.

14. Where an article, presentation or other document has been written for any of the pages of our website by a volunteer, the following disclaimer will be posted with it:

The opinions expressed in the articles, presentations and other documents, posted on this website are those of the author and not necessarily those of the Indian Mountaineers (Indian Mountaineers).

Save as set out in these terms of use, Indian Mountaineers, to the fullest extent permitted by law, excludes all warranties, conditions and implied terms, including the warranty of non-infringement of third parties' rights.

 

Intellectual property and branding

15. Unless expressly stated otherwise, all information contained on the Site is owned or licensed by Indian Mountaineers. The information and content contained on the Site, such as text, graphics, software, images and other such material (“Material”), are protected by (without limitation); copyright, database rights, registered trade marks, passing-off rights or rights protected under unfair competition laws, all of which may be protected under both Indian and foreign laws (“Intellectual Property Rights”). Unauthorized use of the Material by you may violate Indian Mountaineers’s Intellectual Property Rights.

15.1 In connection with your use of the Site you will:

  • 15.1.1 be permitted to view, copy, download, store, retransmit, display, distribute, show or play in public any part or content of the Site for the purposes of research, private study or for internal circulation within an organization, provided that all of the following are adhered to:

  • 15.1.1.1 You retain all copyright notices and other proprietary notices contained in the original Material on any copy you make,

  • 15.1.1.2 Indian Mountaineers is quoted as the source and,

  • 15.1.1.3 the content of the Material is not adapted or modified in any way.

 

15.1.2 not use the Site nor the Material in any manner which constitutes an infringement of any third party rights (including Intellectual Property Rights).

15.2 The Indian Mountaineers logo is a registered trade mark and cannot be reproduced without the prior written permission of Indian Mountaineers. All other trade marks or trade names in this site are the marks of the respective owner(s) and any unauthorized use is prohibited.

15.3 Indian Mountaineers reserves the right to vary and change its branding either totally or in part without notice and irrespective of medium or format.

16. The Indian Mountaineers logo is available to:

  • partners, e.g. collaborators in a project in which Indian Mountaineers is formally involved

  • organizers of events that Indian Mountaineers is sponsoring or is officially associated with

  • approved training organizations.

 

17. You'll need to ask us for permission before you can use the logo. Where we give permission, usage is restricted to direct, specific references to the particular project, event or training program that Indian Mountaineers is involved with. The logo will not be permitted to be used to imply a broad or generic Indian Mountaineers association.

18. The logo isn’t available for members to use on an individual basis. Full reproduction guidelines and logo configurations will be made available to authorized users. If you’d like permission to use the logo, please get in touch so that we can confirm this and instruct you on how to use the logo correctly.

 

Contributions to IndianMountaineers.com

19. Where you’re invited to submit any contribution to indianmountaineers.com, our microsites, our forums, consultation document responses, or our blogs, you agree to grant Indian Mountaineers, free of any charge, the right to reproduce, create derivative works from and exercise copyright and publicity rights with respect to your contribution and in accordance with privacy restrictions set out in Indian Mountaineers’s privacy policy. We won’t reproduce or use your forum private messages in any way unless it’s legally requested, e.g. by the police.

20. If you post messages on any of our blogs or forums, you’re responsible for making sure you don’t breach copyright of anyone else and if you do, you must indemnify (pay) Indian Mountaineers for any loss we suffer through this.

21. You must read our Forum and Blog rules before posting a message on the forums, sending a private message or sending an entry for our blogs. If you don’t agree to abide by our rules, please don’t use our forums, private messaging facility or blogs.

22. Where we publish a document or page content on behalf of, or written by, a third party, e.g. another association, all responsibility for accuracy and liability of that document or content belongs to the third party.

 

Search engines and email addresses

23. Remember our public forums and blogs are accessible to everyone and are ‘crawled’ by search engines, such as Google and Yahoo, on a daily basis. This means anything you post on one of our three public forums and blogs could be indexed by a search engine and returned in search engine results. Indian Mountaineers accepts no responsibility if your posting is returned in search engine results. Member-only forums aren’t crawled by search engines.

24. Your email address is not visible to other forum users. To contact another user outside of the forums, you should use our private messaging service. If you disclose your email address in a forum posting or private message, you do so at your own risk. We don’t accept responsibility if something goes wrong as a result.

 

Competitions

25. In addition to these terms of use and our website Data protection and privacy statement, rules specific to each competition are posted on the relevant competition page. You must read these before entering one of competitions whenever they are announced.

 

Children 16 and under

26. Children of 16 years and under are not allowed to post messages on the Indian Mountaineers website. If you’re under 16 and need advice or have a particular question for our forum users, why not ask your parent, guardian or teacher to post the question on your behalf? You’ll still be able to read the responses without having to register for the forums.

 

Links outward

27. This Site provides links to other websites that are not under the control of the Indian Mountaineers. We don’t accept any responsibility or liability for the privacy policies, content or practices of these websites. If you decide to access linked third party websites, you do so at your own risk. Unless specifically stated otherwise, Indian Mountaineers does not endorse any of the products or services advertised or available on any of the sites it links to. The law set out in non-Indian websites may not be the same as the law in the Indian legislation.

28. We can’t accept any responsibility for information on websites that we don’t manage but which may refer to Indian Mountaineers.

29. Links on this Site are related to mountaineering and trekking and in addition are directly relevant to one or more of the following:

  • Indian Mountaineers’ vision and mission statement

  • Indian Mountaineers’ Corporate Plan

  • Groups and their agreed terms of reference and activities, or

  • other specialist topics that form part of accepted mountaineering and trekking knowledge.

 

30. In our Events calendar we may include links to websites where you can see a map of the event venue location. Indian Mountaineers isn’t responsible for these websites or the accuracy of the information given. Indian Mountaineers also isn’t liable for the availability of accommodation at an event.

31. Exceptionally, non-mountaineering and trekking related links may be permitted where the linked site is considered to be of direct benefit to Indian Mountaineers members in their roles as mountaineering and trekking professionals. A brief description of each link outlines its content. Any description of a link is at the discretion of Indian Mountaineers.

32. Commercial organizations’ websites may be included in links, provided they offer benefits to practitioners that cannot be appropriately sourced elsewhere, or because they relate to a news article on our site.

33. We retain the right to add or remove links on our Site.

 

Links inward

34. Links to the Indian Mountaineers Site via the home page www.indianmountaineers.com are welcome and can be made without prior consent. All such links must be appropriate and relevant in the context of Indian Mountaineers and must not give the impression that Indian Mountaineers is in any way associated with or has approved such other website.

35. In general, the Indian Mountaineers logo is not available for use as a hypertext link on other websites. Our name, Indian Mountaineers, should be used to create the link. Those considering use of the logo should read our intellectual property and branding terms above.

36. Requests for permission to link to other areas of our Site should be made to the Web team.

 

RSS feeds

37. By subscribing to our feeds you agree to abide by our feed terms of use:

37.1 You may use the Indian Mountaineers feed ("Feed") to place the content on your electronic device. We will use reasonable endeavors to ensure that the Feed will be available at all times, however, we do not guarantee that this will be the case.

37.2 You agree to abide by all applicable laws, regulations and codes of conduct in your use of the Feed and content.

37.3 Any content available via the Feed belongs to Indian Mountaineers. We own the copyright and all other intellectual property rights associated with the content.

37.4 You may not do any of the following without prior written permission from Indian Mountaineers:

  • reproduce the content (other than allowed under the news feed standard license terms), or modify, or in any way commercially exploit any of the content

  • redistribute any of the content (including using it as part of any library, archive or similar service)

  • remove the copyright or trade mark notice(s) from any copies of content made in accordance with these terms

  • create a database in electronic or structured manual form by systematically downloading and storing all and any of the content.

 

Standard license terms

 

License

37.5 Subject to the terms of this agreement, Indian Mountaineers grants you a non-transferrable, non-sublicensable, royalty free non-exclusive license to display on your website ("Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from Indian Mountaineers via the Indian Mountaineers feed (‘Feed’).

37.6 All title, ownership rights and intellectual property rights in and to the Feed shall remain the property of Indian Mountaineers.

37.7 Nothing in these standard license terms grants you any right to use the Indian Mountaineers trade mark on your Site or elsewhere.

 

Use of Indian Mountaineers content

37.8 You may not use the Feed or display any Indian Mountaineers content on any Site that:

  • incites hatred whether based on race, religion, gender, sexuality or otherwise, or promotes, encourages or facilitate antisocial behavior

  • promotes, encourages or facilitates violence

  • promotes, encourages or facilitates terrorism or other activities that risk Indian national security

  • discriminates against any specific social group or otherwise exploits vulnerable sections of society

  • promotes, facilitates or encourages illegal activity

  • are misleading, pornographic, defamatory, or contain illegal, or otherwise actionable content under Indian law.

37.9 You must ensure that all Indian Mountaineers content on your site has an accreditation to Indian Mountaineers in accordance with the Indian Mountaineers accreditation guidelines (see clause 28).

37.10 You may not directly or indirectly charge users specifically for accessing Indian Mountaineers content or otherwise commercialize such content, nor attempt to re-sell Indian Mountaineers content in any way.

37.11 Where possible you must create a functional link back to the Indian Mountaineers webpage summarized by the Indian Mountaineers content. If you are displaying the Feed where a functional link back to Indian Mountaineers is not possible, you must display on-screen the URL from which the Indian Mountaineers content can be obtained (see clause 28).

37.12 You may not directly or indirectly change, edit, add to or produce summaries of Indian Mountaineers content or any content on the Indian Mountaineers website nor place any full-story Indian Mountaineers content in an HTML frame-set.

37.13 You may not directly or indirectly suggest any endorsement or approval by Indian Mountaineers of your Site or any non-Indian Mountaineers entity, product or content or any views expressed within your site or service.

37.14 You acknowledge that Indian Mountaineers has absolute editorial control over all Indian Mountaineers content and you accept that Indian Mountaineers is editorially independent and that the editorial integrity of Indian Mountaineers content is the sole responsibility of Indian Mountaineers.

37.15 Should you receive any enquiries which relate to Indian Mountaineers or the Indian Mountaineers content you should promptly refer such enquiries to our Web team.

 

Warranties and liability

37.16 You warrant to Indian Mountaineers that:

  • you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;

  • the Site shall contain no material which is libelous, defamatory, pornographic, obscene or which brings Indian Mountaineers into disrepute, or which is in breach of any third party intellectual property rights; and

  • users of the Site shall be required to comply with terms that are equivalent to the Standard License Terms in relation to their use of Indian Mountaineers content.

37.17 The Indian Mountaineers feed is made available by Indian Mountaineers on an "as is" and "as available" basis and Indian Mountaineers gives no warranty of any kind in relation to the Indian Mountaineers feed, the Indian Mountaineers content, or any content on the Indian Mountaineers website. Indian Mountaineers disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the Indian Mountaineers content, the Indian Mountaineers feed and the Indian Mountaineers website and any content thereon.

37.18 To the maximum extent permitted by law, Indian Mountaineers excludes all liability to you for any loss or damage howsoever arising out of or in connection with this agreement, including but not limited to any liability arising in relation to the Indian Mountaineers feed, Indian Mountaineers content or any content on the Indian Mountaineers website, any virus or other contamination or any unavailability of Indian Mountaineers content.

37.19 Each provision of clauses 16-19 operate separately in itself and survives independently of the others.

 

Indemnity

37.20 You hereby agree to indemnify, hold harmless and defend Indian Mountaineers in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the standard license terms or otherwise in connection with your use of the Indian Mountaineers feed (including Indian Mountaineers content).

 

Termination

37.21 You may terminate this agreement and the license granted herein at any time by destroying or removing all copies of the Indian Mountaineers feed (including the Indian Mountaineers content) from your Site, all hard drives, networks and other storage media.

37.22 Indian Mountaineers may restrict, suspend or terminate the Indian Mountaineers feed, this agreement, the license granted herein or your access to the Indian Mountaineers feed at any time without liability. You agree to destroy all copies of the Indian Mountaineers feed (including the Indian Mountaineers content) upon receiving notice of termination from Indian Mountaineers.

37.23 Clauses 16-20 (inclusive) and 24–27 (inclusive) shall survive termination of this agreement.

 

General

37.24 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this agreement in whole or in part to any third party.

37.25 This agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this agreement.

37.26 Any failure or delay by either party in exercising its rights under any provisions of this agreement shall not be construed as a waiver of those rights at any time now or in the future.

37.27 This agreement shall be governed by, construed and take effect in accordance with Indian law and the Indian courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this agreement.

 

Accreditation Guidelines

37.28 Any Indian Mountaineers news feed or Indian Mountaineers content on your site must incorporate an attribution (credit) to Indian Mountaineers in one of the following forms:

  • "From Indian Mountaineers [insert name of website section here] "

  • "This content/article is from the [insert name of website section here] section of the Indian Mountaineers website"

37.29 If you are displaying an Indian Mountaineers news feed in a context where a functional link back to the article on the Indian Mountaineers website is not possible then you must use the following attribution (credit):

  • "From [insert url of website section here]".

 

37.30 By adding our news feeds to your website, you agreed to abide by our standard license terms.

 

Indian Mountaineers membership

38. If you’re an Indian Mountaineers member and you’ve got any problems with logging into Indian Mountaineers, use our ‘forgotten password’ tool and we’ll send an email to your email address registered with Indian Mountaineers telling you how to reset your password.

39. You must register as yourself and not impersonate another member or user. If we find out that you’ve registered with false information, you may be barred from using the website. If you’re a member, it may lead to disciplinary action.

 

Complaints

40. We’re committed to providing a high quality, accessible and responsive service to our members and the public. However, if you believe that things have gone wrong, please send your complaints and comments to the Web team. Where we can’t resolve your concern, it will then be referred to the Director of Communications. You mustn’t post complaints on the discussion forums. Please allow up to five working days for a response.

 

Law

41. You agree that Indian law shall apply to these terms and to submit to the jurisdiction of the Indian courts if a dispute arises. We aim to ensure our Site complies with Indian law but not laws of any other country. If there is anything on the Site that you are not allowed under the laws to which you are subject to access or see, stop using the Site immediately.

 

Updates to our terms

42. We reserve the right to update this statement at any time without prior notice to you. We may highlight any changes to this statement in the Announcement category our forums. It’s up to you to make sure you’ve read the changes to this statement.