Ujyalo Foundation Jan
11, 2017 2:30p.m GMT+5:00
These terms of
service (as updated from time to time, the Terms)
govern your access to and use of the NiDARR. Please read these terms
carefully before downloading or using the Service. By accepting these
Terms, or using the Service, you agree to these terms and condition.
If you do not understand the Terms, or do not accept any part of
them, then you should not use the Service. The Service is provided by
Ujyalo Foundation whose place of operation is at Kathmandu, Nepal
1. The Service
The Service consists
2. Alterations and
2.1. We may update
these Terms from time to time to reflect any changes: (i) in our
policies or relevant laws; (ii) in the functionality of the Service;
or (iii) imposed on us by any third party suppliers. Any updates will
take into account your reasonable interests in the Service and will
be notified to you by email within a reasonable time before the
change takes effect. Changes will not apply retrospectively and the
updated Terms will become effective after they are notified to you.
If you do not agree with the updated Terms you should stop using the
Service. If you do not object to the updated Terms within a
reasonable time after they are notified to you the updated Terms are
deemed accepted by you. We will highlight the option to object to the
modifications to the Terms and the deemed acceptance in the
2.2. We reserve the right to
withdraw, take down or amend all or part of the Service and all or
part of the content available on the Service at any time to, for
example, reflect changes to the law or new technical developments.
Any changes will take into account your reasonable interests. Access
to all or part of the Service may be restricted from time to time to
allow for repairs, maintenance, or updating. This may result in you
not being able to use the Service until you have downloaded the
latest version and accepted any new terms.
3. Access/Use of
downloading the App and creating an account you can access
information in the app, connect to service provider through the app,
and contact your family and friends.
To use the service you must be sixteen (16) years old or older. By
using the Service you promise to us that you accept these Terms and
that: (a) you are 16 years of age or over, or (b) you are 13 years of
age or over and have permission to use the Service from your parent
or legal guardian. If we reasonably believe that you do not
sufficiently fulfil these criteria, we may suspend your use of the
Service until you have provided us with acceptable proof of
3.3. To access certain functions on the
Service, you will need to register with us. To register, you must
provide us with your email address, age, a username, and password of
your choosing. Your username will appear alongside any content you
upload to the Service. You must make sure that your username complies
with these Terms.
3.5. You are responsible for your
account with us and any activity that takes place on your account,
whether or not such activity was authorized by you. You must ensure
that the details you provide to us are correct and kept up to date
and that your password is, and remains, secure and confidential. You
must inform us of any changes to the details you provided when
registering with us.
3.6. We reserve the right to
suspend or remove your account, cancel, reassign or disable your
username or password and/or prohibit your use of the Service, without
prior notice, if we believe there may have been a breach of security
or if activities occur on your account that we believe breach these
3.7. Access to and use of the Service
requires a compatible device and internet connection. Although we are
working to ensure that the Service is compatible across various
devices, we cannot guarantee that the Service will work with all
devices. The Service currently requires:
3.8. It is your
responsibility to ensure that your device complies with these
requirements. Your use of the Service may vary in functionality,
availability, and quality depending on the type of the device and the
operating system that it uses and Ujyalo Foundation accepts no
responsibility for any lack of functionality that is due to your
equipment (including your device, internet connection, operating
system or settings and software).
3.9. It is your
responsibility to pay for all costs and expenses that you may incur
while using the Service (including, but not limited to, all telephone
call or line charges or Internet data service access charges).
4.1. You are solely
responsible for your use of the Service and any words, information,
messages, photos and any other content that you upload to or create
via the Service, whether privately transmitted or made publicly
available (together, User
You retain ownership of your User Content.
understand and agree to comply with all applicable laws in relation
to your use of the Service and User Content.
You shall at all times ensure that your User Content does not:
Furthermore, you understand and agree that you will not do or attempt
to do, or cause any third party to do or attempt to do, any of the
following in connection with your use of the Service:
acknowledge and agree that we are merely a passive conduit and
hosting service for User Content and that we play no active role in
the distribution or presentation of User Content.
Ujyalo Foundation shall not be liable in any way for User Content,
including, but not limited to, any errors or omissions contained
therein, or any loss or damage of any kind incurred as a result of
the use of any User Content posted, emailed, transmitted or otherwise
made available via the Service or broadcast elsewhere.
If we, in our sole discretion, believe that there has been a breach
of these Terms, or we have reasonable grounds to believe that you are
likely to breach these Terms, we may take any action we think is
necessary to protect the Service and its users. We may withdraw your
right to use the Service, remove your User Content from the service,
take legal proceedings against you (for example, if we have had to
pay damages because of your User Content, we will claim to get that
amount back) and other action we deem appropriate.
5. Licence of the
Subject to your
compliance with these Terms, Ujyalo Foundation grants you a personal,
worldwide, royalty-free, non-transferable and non-exclusive licence
to download and/or use the Service, subject to these Terms and the
6.1. All rights,
titles and interests in and to the Service (excluding content
uploaded or otherwise provided by users) are and will remain the
exclusive property of Ujyalo Foundation and its licensors.
Reporting and Notice & Takedown Policy
Foundation respects the intellectual property rights of others and
expects users of the Service to do the same.
7.2. If you
discover any Content on the Platform that you believe infringes your
copyright, please report this to us in writing including the
7.3. Your notice
should be sent to us or our designated copyright agent by email to
We may deliver
advertising to you in conjunction with your use of the Service
Information that you
governs our collection and use of your information, which may include
personal data. As part of our provision of the Service, we may need
to provide you with certain communications, such as service
announcements and administrative messages. These communications are
considered part of the Services, which you may not be able to opt-out
10. Third Party
The Service includes
and links to features and services (including but not limited to,
social applications like Facebook and YouTube) that are provided by a
third party. We do not control such third party sites or services and
are not responsible for the content or functionality of such sites or
services. Our inclusion of links does not imply any endorsement or
association with their operators. The terms applicable to the use of
such third party services will apply and we will not be responsible
for anything that is done by you or the third party service provider
in connection with your use of their service.
11.1. We may suspend
or terminate your use of and access to the Service at any time and
for any reason, in our sole discretion. Such suspension or
termination shall not limit our right to take any other action
against you that we consider appropriate.
You may terminate your use of the Service at any time by ceasing to
use the Service and/or deleting the App from your Device. Please note
that, deleting the App from a device will not delete your profile and
any Sound Recordings that you have uploaded will remain on the NiDARR
database. If you wish to delete your profile, please contact us in
writing at firstname.lastname@example.org.
Is this true for NiDARR as well?
11.3. In the event of
such termination by either party, these Terms will terminate, but the
following provisions will continue to apply: Sections 3, 4, 6, 7, 9,
10, 11, 12, 13 and 14.
Representations and Warranties
12.1. You promise to
to Section 13 of these Terms, you agree to compensate us for any
losses or costs we may reasonably and fairly incur as a result of any
breach by you of these Terms where you are at fault for such breach.
You will not be required to compensate us under this Section if your
breach of these Terms arises out of our negligence or our breach of
13.1. YOUR USE OF THE
SERVICE IS ON AN AS IS AND AS AVAILABLE BASIS. THE SERVICE AND ANY
CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY
GUARANTEES, CONDITIONS, OR WARRANTIES AS TO ITS ACCURACY,
SUITABILITY, COMPLETENESS, OR RELIABILITY. WE WILL NOT BE LIABLE TO
YOU FOR THE UNAVAILABILITY OR FAILURE OF THE SERVICE.
WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING
FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE
TERMS. YOU UNDERSTAND THAT ANY OTHER CONTENT AVAILABLE ON THE SERVICE
IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABILE
TO YOU FOR THIS CONTENT ON THE SERVICE.
EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS
NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN
CONNECTION WITH THE SERVICE, INCLUDING LOSS OF PROFITS; AND (B) ANY
LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE
13.4. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR
DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU
ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE SERVICE.
Nothing in these Terms shall limit or exclude our liability for: (i)
death or personal injury resulting from our negligence; (ii)
intentional acts, fraud or fraudulent misrepresentation; and (iii)
any other liability that cannot be excluded or limited by law.
We may terminate
these Terms and close your account at any time without notice, if we
cease to provide the Service.
15. Other Terms
15.1. Each of the
provisions of these Terms operates separately. In the event that any
of the provisions in these Terms are held to be unlawful or
unenforceable, those provisions shall be limited or eliminated to the
minimum extent necessary, and the remaining provisions of these Terms
will remain in full force and effect.
you and us and supersede all prior and contemporaneous agreements or
15.4. No person who is not party to
these Terms may enforce any term of it.
Terms and any dispute or claim arising out of or in connection with
it or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance
with Nepalese law and the parties hereby submit to the exclusive
jurisdiction of the Nepalese courts to settle any claim or matter
arising in relation to these Terms or its subject matter or formation
(including non-contractual disputes or claims).
Last Update: Jan 2017