Terms and Conditions

(WE DO NOT OFFER INSURANCE OR COMMERCIAL SETTLEMENT, CLIENT TO ARRANGE THEIR OWN INSURANCE.)

This is a legal document which is the agreement between you, the Customer (hereinafter referred to as “you”, “your” or the “Customer” in this Agreement) and HIMALAYAN COURIER AND CARGO SERVICES PVT. LTD (a Private Company duly registered as such in terms of the relevant laws of the Nepal Government and having Registration Number 176660/074/075.

These Terms and Conditions should be read carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.

Should you not agree to be bound by any of these terms and conditions and by our privacy policy, kindly exit this page and do not access or use our Website?
Our Terms and Conditions set forth the terms you are bound to when using/accessing our website, including but not limited to usage, information, transactions, purchase, delivery, cancellation, dispute resolution and contact details.

These Terms and Conditions are reviewed from time to time and may be amended at our sole discretion, in whole or part, to ensure that it complies with Legislation enacted from time to time.
Therefore, by continuing to use or access our Website following any amendments that may have been implemented, it shall be deemed that you have agreed to such amendments. Accordingly, we recommend that you review this page frequently so that you are aware of any amendments. Should you wish not to be bound to the amended Terms and Conditions you may furnish us with written notice by fax or email to terminate this agreement.

INTRODUCTION

Our website i.e. www.himalayancourier.com is owned, operated and directed by HIMALAYAN COURIER AND CARGO SERVICES PVT. LTD (a Private Company duly registered as such in terms of the relevant laws of the Nepal government and having Registration Number 176660/074/075.

We have referred to the aforementioned enterprise in this document as “The Courier Company”, “the Carrier”, “us”, “we”, or “our”.

We are dedicated, devoted and committed to keeping you informed of your rights and obligations in respect of the usage of our website and when transacting with us and accordingly our legal team has developed these Terms & Conditions.

1. DEFINITIONS

“The Carrier” shall mean Courier Direct or any sub-contractor or agent appointed by it.
“Contract” shall mean any contract entered into between the Carrier and the Customer including waybills and this agreement.
“Customer” shall mean the party with whom the Carrier is contracting, and shall, unless the context indicates otherwise, include a reference to the owner of the Goods forming the subject matter of the Contract
“Goods” shall mean any movable Goods accepted by the Carrier from the Customer and shall include containers or other covering or receptacle not supplied by the Carrier.
“Claim/s” means any claim of whatsoever nature;
“the Company” means HIMALAYAN COURIER AND CARGO PVT. LTD (a Private Company, duly registered as such in terms of the relevant laws of the Nepal government and having Registration Number 176660/074/075
“Person” means any Person, Company, Close Corporation, Trust, Partnership or other entity whether or not having separate legal personality;
“Party/Parties” means HIMALAYAN COURIER AND CARGO PVT. LTD and any other person/individual or entity that uses or accesses our Website and/or transacts through our website.
“Register/Registration” means create an account on our Website/the action of creating an account on our Website;
“Service” means all or any of the services provided by COURIER means HIMALAYAN COURIER AND CARGO PVT. LTD via the Website or via other electronic or other communication from means HIMALAYAN COURIER AND CARGO PVT. LTD, including but not limited to the information services, content and transaction capabilities on the Website and the ability to make a purchase;
“Website” means HIMALAYAN COURIER AND CARGO PVT. LTD Website www.himalayancourier.com and any auxiliary website supplementary to our main website.
any reference to –
the singular includes the plural and vice versa;
natural persons includes juristic persons and vice versa;
any one sex or gender includes the other sexes or genders, as the case may be;

2. TERMS AND CONDITIONS OF USE

By browsing, accessing, or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.

AGE

To transact on our Website or to enter into any legally binding transaction in respect of our Website or related thereto you, must be at least 18 (Eighteen) years old.
By entering into any transaction with us you confirm and consent that you are at least 18 (Eighteen) years old.
Should you be under the age of 18 (Eighteen) it shall be deemed that your parent/s or legal guardian/s have provided you with consent to enter into any transaction on our website and accordingly we shall not be held liable for any claim arising should we be mislead in this regard.

PREVENTION ON USE

We reserve the right to prevent you from using our Website in its entirety and to prevent you from making any purchases or entering into any transactions.
The use of the Website, Services thereon or entering into any transaction with us, does not include the provision of a computer or any other necessary equipment to access the Website, Service, making of any Purchase.

We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur when using our Website or to transact with us.

3. GENERAL TERMS

The Carrier is not and shall not be a public or common Carrier in relation to the carriage of the Goods forming the subject matter of this agreement, and it may refuse for carriage any Goods or class of Goods.
All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the Carrier is and shall be subject to the conditions hereinafter set out and to the Contract, and each condition hereinafter shall be deemed to be incorporated in and to be a condition of any agreement between the Carrier and its Customer.
The Customer hereby authorizes the Carrier to act as its agent and to enter into Contracts of Carriage on terms and conditions no more onerous to the Customer than the conditions contained in this Contract, with any other Carrier, Government Department or third party into whose possession or custody the Goods may pass or may need to pass, or subject to whose authorities the Goods may at any time be during the period of the Contract, subject to the provision that the Conditions contained in this Contract shall continue to apply and to govern the relationship between the Carrier or the sub-contractor and the Customer.
Goods are accepted subject to the conditions stipulated by all other Carriers and parties into whose possession or custody they may pass for the due fulfillment of the obligations of the Carrier.

4. QUOTATIONS AND CHARGES

All quotations by the Carrier shall be provided for on the website prior to payment.
Quotations, where given, shall be on the basis of immediate acceptance and shall be subject to withdrawal or revision by the Carrier.
If any changes occur in the rates of freight, insurance premium or other charges applicable to the Goods, quotations and charges shall be subject to revision accordingly with or without notice.

5. COLLECTION AND DELIVERY

The Carrier will not be responsible for any loss or damage howsoever arising from or during the loading and unloading of the vehicle.
Without in any way limiting the generality of the foregoing, it shall be the express responsibility of the Customer to ensure that:
The Customer is satisfied that the Carrier’s vehicle is suitably clean for the purposes of receiving and conveying the Goods before loading of the Goods into the Carrier’s vehicle is commenced;
All Goods loaded shall be in such condition as to enable them to be freely off-loaded at the off-loading point, and Suitable access and off-loading facilities will be provided at the off-loading point.
The Customer hereby indemnifies the Carrier and holds it harmless against all costs, expenses, claims, losses, damages or injuries to any person or property howsoever arising and whatsoever nature and whether direct or indirect arising out of or during the course of any such loading or unloading and including any costs, expenses, claims, losses, damages or injuries arising out of the contamination of any Goods whatsoever.
In the event of the consignee refusing to accept delivery of the Goods in whole or in part, or in the event of the Carrier being unable to effect delivery by reason of the address of the consignee being improperly or inaccurately stated:
And being compelled to return the Goods to the Customer, then the Customer shall be liable for all costs incurred in the return of such goods whether on the same basis as originally agreed upon or on any other basis whatsoever;
Or being compelled to dispose of such goods by reason of their perishable nature for whatsoever other reason, the Carrier shall not be liable for any damage to, or loss of such goods or any loss or damage arising out of the disposal thereof and the Customer shall be liable to the Carrier for all costs incurred in connection with the disposal of such Goods.
It is the Customer’s duty to be available and present at the collection address in order to ensure that the delivery item/s is/are collected to be delivered to the Consignee as per the instructions provided on the order form. Should the Customer fail and/or neglect to be available at the collection address as provided, the Customer hereby indemnifies the Carrier and the Carrier shall not be held liable for all costs, expenses, claims, losses and/or damages which arises as a result of the non – collection of the goods to be delivered.

6. TRANSIT AND STORAGE

In the absence of a written agreement to the contrary it shall at all times be at the sole discretion of the Carrier to decide at what time and in what manner to perform any or all of its obligations in terms of the Contract.
The Carrier shall not be liable for any delay or detention of the Goods or for any loss, damage or deterioration therein, unless the date and time for delivery of the Goods is expressly stipulated as being of the essence of the Contract. In such event, the Carrier shall not be liable for any such loss, damage or deterioration unless such delay or deterioration is attributable to willful default or gross negligence on the part of the Carrier or its employees during the scope and course of their employment.
The Carrier does not accept any responsibility for demurrage charges howsoever incurred.
Goods left upon the Carrier’s vehicle for any reason to suit the convenience of the Customer are held at the sole risk of the Customer as the case may be, pending forwarding and delivery and such Goods may be warehoused or otherwise held at any place or places at the sole discretion of the Carrier at the Customers risk and expense.
Demurrage will be payable at a rate to be specified by the Carrier on all vehicles detained beyond a reasonable period from whatsoever cause.
If the receiver of the Goods refuses to accept them or the Goods remain uncollected for a period of more than 7(seven) days, without prior arrangement, the Goods will be returned to the sender who accepts responsibility for all costs incurred.
The Carrier reserves the right to dispose of unclaimed Goods as envisaged in this clause
After a period of 10 (Ten) days in order to defray expenses. Any monies collected will be set off against amounts outstanding but will not limit the Carriers rights to the balance outstanding.

7. INSURANCE

The Carrier may, at its discretion, and only if requested to do so in writing by the Customer, effect insurance on any Goods being handled, transported or stored by it.
Any claim brought by a Customer against the Company in respect of duties and liabilities must be notified by the Customer to an office of the Company in writing within seven (7) days of the date of dispatch of the documents or goods from the Customer.
All claims shall be subject to an excess as determined by the Carrier’s insurance broker.
Any such insurance affected by the Carrier shall be subject to the usual exceptions, conditions, terms and provisions of the policies of the insurer or underwriter assuming the risk.
The Carrier shall not be under any obligation to affect a separate insurance on each consignment but may declare it on any open or general policy as the case may be, and the Customer shall be obliged to pay all charges incurred by the Carrier and associated with the effecting of such insurance.
Should the insurer dispute liability for any reason whatsoever, the insured, being the Customer, shall have recourse against the insurer only and the Carrier shall not be under any liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Carrier or paid to the Carrier by the Customer.
Where the Customer has informed the Carrier that it has its own insurance cover then it is deemed that the Carrier is released from all liability in the event of the loss or damage of the Goods whilst in the custody of the Carrier and/or in transit.

8. LIMITATION OF LIABILITY

All Goods handled shall at all times be at the risk of the Customer or owner of the Goods.
The Carrier shall not in any circumstances be liable for the loss of or damage to goods as well as for any consequential loss or damage arising out of the carriage of the Goods or custody of the Goods in terms of this contract, from whatsoever cause, howsoever arising, including the negligence of the Carrier’s employees, unless such loss or damage or consequential loss or damage occurs whilst the Goods are in actual custody of the Carrier and under its actual control and unless such loss or damage is due to the willful acts or default of the Carrier or its employees in the course and scope of their employment.
In circumstances where the Carrier is adjudged by an authority having competent jurisdiction to be liable for the loss of or damage to Goods, the liability of the Carrier shall at all times be limited to the actual loss of or damage to Goods as set out below, subject to the provisions of this clause 12.
The Carrier shall not in any circumstances be liable for:
Any loss or damage whatsoever caused by the hazardous, perishable, fragile or brittle nature of goods, nor for the mechanical derangement of the goods; and/or
The scratching, cracking, denting, chipping, bruising or breakage or other loss or damage to inadequately packed goods handed to the Carrier for consignment; and/or
Any loss, damage or expense arising from or in any way connected with marks, weight, numbers, brands, contents, quality or description of any goods; and/or
Any duty, tax, imports or outlays of whatsoever nature levied by the authorities at any port or place for or in connection with the goods, and for any payments, fines, expenses, loss or damage incurred or sustained by the Carrier in connection therewith.
The Carrier shall not accept liability for the transport of any bullion, coins, precious tones, jewellery, valuables, antiques, pictures, bank notes, securities and other valuable documents or articles, livestock, perishable goods, plants, glass, earthenware, china, asbestos cast cement, marble or plaster products unless special arrangements have been made in writing prior to the commencement of the transport.
The Carrier shall not be liable for any delay occasioned by compliance with an instruction issued by the police or any competent authority, but any extra cost incurred by the Carrier as a result of compliance with any such instructions shall be added to its charges.
None of the servants or agents of the Carrier or its sub-contractors shall be under any liability whatsoever to the Customer and the provisions of this clause are stipulated for the benefit of those persons.
Any loss or damage to the Goods transported must be recorded on the Carriers delivery documentation at the time of the delivery as proof of the loss or damage. In the absence of this record, no claim whatsoever shall be enforceable against the Carrier.
The Carrier will not accept any unqualified or unchecked endorsement on the Carrier’s delivery documentation as proof of any loss or damage.
Any loss or damage to the Goods transported must be reported to the Carrier in writing within 7(seven) days of the date of delivery. Such writing must contain precise details of the nature and extent of the loss or damage suffered by the Customer. Endorsements or notes on the Carriers delivery documentation will not amount to compliance with the requirements of this clause. In the absence of such notification, no claim of whatsoever nature howsoever arising shall lie or be enforceable against the Carrier.

9. TERMS OF PAYMENT

Unless prior arrangement has been made in writing, all accounts are due and payable prior to the collection and delivery of any goods through the websites secure payment gateway.

10. SECURITY POLICY & PROTECTION OF PERSONAL INFORMATION

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep any information contained therein confidential.
After a transaction has been concluded, your private information (credit cards, financials, etc.) will be kept on file or stored on our database for a period not exceeding 3 (Three) years after it is last accessed or used by us.
Data transmission over the internet can never be warranted to be entirely secure. Whilst we may take all reasonable steps and precautionary measures to safeguard your personal information, we may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge and accept taking this risk when communicating with and transacting on our Website.