Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and the Bhutan Nepal Foundation ("BNF," "Foundation," "we," "us," or "our") governing your access to and use of the website located at bhutannepalfoundation.org, including any subdomains, mobile applications, and related services (collectively, the "Services").

By accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional terms, conditions, and policies referenced herein or available by hyperlink. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

2. Definitions

For purposes of these Terms, the following definitions shall apply:

• "Content" means any text, images, photographs, graphics, videos, audio, data, information, and other materials available on or through the Services.
• "User Content" means any Content that Users submit, post, upload, or otherwise make available through the Services.
• "Foundation Content" means any Content that we create, own, or license and make available through the Services.
• "Member" means a User who has registered for and maintains an active membership with the Foundation.
• "Visitor" means any User who accesses the Services without creating an account or becoming a Member.
• "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, trade names, logos, and other proprietary rights.
• "Personal Information" has the meaning set forth in our Privacy Policy.

3. Use License

3.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

3.2 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Services without prior written consent
• Use the Services or Content for any commercial purpose without our express written authorization
• Access, monitor, or copy any Content using any robot, spider, scraper, or other automated means without our prior written consent
• Bypass, disable, or otherwise interfere with security-related features of the Services
• Frame or mirror any part of the Services without our prior written authorization
• Use meta tags or other hidden text or metadata utilizing our trademarks without written consent
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected thereto
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices

3.3 Termination of License

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason. Upon termination, you must destroy any downloaded materials in your possession whether in printed or electronic format.

4. User Accounts

4.1 Account Registration

Certain features of the Services may require you to create an account. When creating an account, you must provide accurate, current, and complete information and maintain and promptly update such information to keep it accurate, current, and complete. You are solely responsible for the activity that occurs on your account and for maintaining the confidentiality of your account credentials.

4.2 Account Security

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4.3 Account Eligibility

By creating an account, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• You have not been previously suspended or removed from the Services
• You will not create an account for anyone other than yourself without permission
• All information you provide is accurate and truthful

5. Membership Terms

5.1 Membership Application

Membership in the Foundation is subject to application and approval. The Foundation reserves the right to accept or reject any membership application in its sole discretion. Membership is non-transferable and may not be assigned to another individual or organization.

5.2 Membership Fees

Members are required to pay annual membership fees as determined by the Foundation. Fees are non-refundable except as otherwise specified. The Foundation reserves the right to change membership fees upon reasonable notice. Failure to pay membership fees may result in suspension or termination of membership.

5.3 Member Obligations

As a Member, you agree to:

• Comply with the Foundation's bylaws, policies, and guidelines
• Support the mission and objectives of the Foundation
• Pay membership fees in a timely manner
• Participate in good faith in Foundation activities
• Not engage in conduct that could harm the reputation of the Foundation
• Maintain accurate and current contact information

5.4 Membership Termination

The Foundation may terminate or suspend membership for violation of these Terms, the Foundation's bylaws or policies, conduct detrimental to the Foundation, failure to pay membership fees, or any other reason deemed appropriate by the Foundation's leadership. Members may voluntarily terminate membership by providing written notice to the Foundation.

6. Donations and Contributions

6.1 Nature of Contributions

All donations and contributions made to the Foundation are voluntary and charitable in nature. By making a contribution, you acknowledge that you are not receiving any goods or services in return, except as explicitly stated (such as membership benefits for membership fees).

6.2 Use of Funds

The Foundation will use contributions in accordance with its mission and stated purposes. While we make every effort to honor donor preferences regarding fund allocation, the Foundation reserves the right to use unrestricted funds as needed to fulfill its mission and operational requirements.

6.3 Refund Policy

Donations are generally non-refundable. In exceptional circumstances, the Foundation may consider refund requests on a case-by-case basis. Requests must be submitted in writing within thirty (30) days of the contribution date.

6.4 Tax Considerations

Tax deductibility of contributions depends on applicable laws in your jurisdiction. Donors are responsible for determining the tax implications of their contributions and should consult with qualified tax advisors. The Foundation will provide documentation as required by law.

7. User Content and Submissions

7.1 User Submissions

The Services may allow you to submit, post, or transmit content including comments, photographs, documents, and other materials ("User Content"). You retain ownership of your User Content, subject to the license granted below.

7.2 License to User Content

By submitting User Content, you grant the Foundation a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media now known or hereafter developed, for any purpose, including without limitation, promoting and redistributing part or all of the Services.

7.3 Representations and Warranties

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to use and authorize us to use the User Content
• The User Content does not infringe any third-party rights, including intellectual property rights and privacy rights
• The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• The User Content does not violate any applicable law or regulation
• The User Content does not contain viruses, malware, or other harmful code

7.4 Content Removal

The Foundation reserves the right, but has no obligation, to monitor, edit, or remove any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. We are not responsible for any failure or delay in removing such content.

8. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, provincial, national, or international law or regulation
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others
• Submitting false or misleading information
• Uploading or transmitting viruses, malware, or any other malicious code
• Interfering with or circumventing security features of the Services
• Spamming, phishing, or engaging in any other fraudulent activity
• Engaging in unauthorized framing or linking to the Services
• Engaging in any automated use of the system, such as using scripts or bots
• Attempting to impersonate another user, person, or entity
• Selling or transferring your account or any account credentials
• Using the Services for any illegal or unauthorized purpose
• Engaging in any activity that disrupts, damages, or interferes with the Services
• Collecting or harvesting any personally identifiable information from the Services
• Using the Services in any manner that could damage, disable, overburden, or impair the Services

9. Intellectual Property Rights

9.1 Foundation Intellectual Property

The Services and all Content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by the Foundation, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 Trademarks

The Foundation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Foundation or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

9.3 Copyright

All Content included on the Services, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Foundation or its content suppliers and is protected by international copyright laws. The compilation of all Content on the Services is the exclusive property of the Foundation.

9.4 Copyright Infringement Claims

If you believe that any Content on the Services infringes your copyright, please contact us with a detailed description of the alleged infringement. We will investigate and respond to notices of alleged infringement in accordance with applicable law.

10. Third-Party Links and Services

10.1 Third-Party Links

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by the Foundation. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Foundation shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

10.2 Third-Party Services

We may use third-party service providers to facilitate our Services, provide services on our behalf, perform service-related services, or assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Your use of such third-party services is subject to those parties' terms and conditions.

11. Disclaimers

11.1 "As Is" and "As Available"

THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Warranty of Accuracy

THE FOUNDATION DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

11.3 No Professional Advice

The Content provided through the Services is for informational purposes only and does not constitute professional advice (including legal, financial, tax, or medical advice). You should consult with qualified professionals before making any decisions based on information obtained through the Services.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• ANY OTHER MATTER RELATING TO THE SERVICES

IN NO EVENT SHALL THE FOUNDATION'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO THE FOUNDATION DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Foundation, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including but not limited to any User Content you submit, any use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

14. Termination

14.1 Termination by You

You may terminate your account and cease using the Services at any time by contacting us or through account settings, if available. Termination of your account does not relieve you of any obligations to pay any outstanding fees.

14.2 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

14.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Kathmandu, Nepal, for the resolution of any disputes arising out of or relating to these Terms or the Services.

You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us to attempt to resolve any dispute informally. Most disputes can be resolved through good-faith discussion. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your notice.

16.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Kathmandu, Nepal, in accordance with applicable arbitration rules. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties.

16.3 Class Action Waiver

YOU AND THE FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and the Foundation agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

17. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and the Foundation concerning the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and the Foundation with respect to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Contact Information

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