Terms and Conditions for UPSHIFT Bhutan Online Course Platform

1. Acceptance of Terms

These Terms form a legally binding agreement between you and us. By using the Platform, you represent that you have read, understood, and agree to these Terms. If you are using the Platform on behalf of an entity (e.g., a school), you represent that you have the authority to bind that entity to these Terms.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date above. Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms.

2. Eligibility and Account Registration

The Platform is designed for students of all ages, including those in lower classes (primary and secondary school students), and is provided free of charge to all users. To use the Platform, you must:

• Provide accurate, complete, and current information during registration.
• Comply with all applicable laws in Bhutan, including the Information, Communications and Media Act 2018 (ICMA), Consumer Protection Act 2012, and related regulations.

To access certain features, such as enrolling in courses, you must create an account ("Account"). You are responsible for:

• Maintaining the confidentiality of your Account credentials (e.g., username and password).
• All activities that occur under your Account.
• Notifying us immediately of any unauthorized access or security breach.

We reserve the right to suspend or terminate your Account if we suspect unauthorized use or violation of these Terms.

In compliance with ICMA and Bhutan's Child Protection Guidelines, we implement strict measures to protect minors, including:

• Age-appropriate content and interfaces tailored for younger students.
• Restrictions on communications to prevent inappropriate interactions.
• Content filtering and moderation to ensure a safe environment.
• Optional tools for parents/legal guardians to monitor or manage accounts voluntarily.

3. Description of Services

The Platform offers free online courses, educational materials, quizzes, forums, and related features tailored for students in Bhutan, including those in lower classes. Courses may include video lectures, interactive exercises, downloadable resources, and assessments designed to align with Bhutan's National Education Curriculum.

All courses and Services are provided free of charge to promote accessible education for all students in Bhutan. We may partner with instructors, schools, or educational institutions to provide content. All Services are provided "as is" and subject to availability.

In accordance with the National Education Policy and ICMA, we ensure that content is age-appropriate, culturally relevant, and compliant with educational quality standards.

4. Enrollment, Access, and License

Upon enrollment in a course, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the course materials for your personal, non-commercial educational purposes only.

You may not:

• Share, copy, reproduce, distribute, or resell course materials.
• Use the materials for commercial purposes without our written consent.
• Modify, decompile, or reverse-engineer any part of the Platform.

Access to courses may be time-limited (e.g., for a specific duration or until course completion). We may revoke access if you violate these Terms.

For minors, we provide optional tools for parents/legal guardians to access course progress reports, subject to our Privacy Policy.

5. Intellectual Property Rights

All content on the Platform, including courses, text, videos, images, software, and trademarks (collectively, "Content"), is owned by us or our licensors and protected under Bhutan's Industrial Property Act 2001, Copyright Act 2001, and international treaties.

You may not use, reproduce, or distribute Content without our express permission. We respect intellectual property and will respond to claims of infringement in accordance with applicable laws.

If you believe your intellectual property has been infringed, contact us with details as required under the ICMA.

6. User Content and Conduct

You may submit content such as comments, forum posts, or assignments ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, perpetual license to use, modify, display, and distribute it in connection with the Services.

You represent that your User Content:

• Is original and does not infringe third-party rights.
• Is not unlawful, harmful, defamatory, obscene, or discriminatory.
• Is appropriate for an educational platform serving minors.

Prohibited conduct includes:

• Uploading viruses, malware, or harmful code.
• Harassing, bullying, or impersonating others.
• Spamming or sending unsolicited communications.
• Violating privacy or engaging in unauthorized data collection.

We may monitor, edit, or remove User Content at our discretion, especially to protect minors. You are solely responsible for your User Content.

In compliance with ICMA and Bhutan's Child Protection Guidelines, we strictly prohibit pornographic, unethical, or harmful material, particularly content targeting or accessible to minors. We employ automated and manual content moderation to ensure a safe environment.

7. Privacy and Data Protection

Your privacy is critical, especially for minors. Our Privacy Policy details how we collect, use, store, and protect your personal data, in compliance with:

• Guidelines on Data Privacy and Data Protection 2021 (Royal Monetary Authority).
• ICMA 2018 provisions on online privacy and security.
• Consumer Protection Code for ICT and Media Services.
• Bhutan's Child Protection Guidelines.

We implement Privacy by Design and Default, including:

• Encryption and secure data storage.
• Minimal data collection, limited to what is necessary for educational purposes (e.g., name, email, course progress).
• Data breach notification within 48 hours, as per RMA guidelines.

For minors, we:

• Limit data collection to essential information.
• Provide optional parental access to account activity.
• Use anonymized data where possible to protect user privacy.

You have rights to access, correct, or delete your data, subject to verification.

8. Disclaimers and Limitation of Liability

The Platform and Services are provided "as is" without warranties of any kind, express or implied, including accuracy, completeness, or fitness for a particular purpose.

We do not guarantee uninterrupted access, error-free operation, or specific educational outcomes. Courses are for informational purposes only and do not constitute professional advice.

To the fullest extent permitted by Bhutanese law:

• We are not liable for indirect, incidental, consequential, or punitive damages arising from your use of the Platform.
• Our total liability shall not exceed any amount, as the Services are provided free of charge.

These limitations apply even if advised of the possibility of such damages.

In accordance with the Consumer Protection Act and ICMA, we provide mechanisms for complaints and redress for service-related issues.

9. Termination

We may suspend or terminate your access to the Platform at any time, without notice, for violations of these Terms, suspected fraud, or legal requirements (e.g., to protect minors).

Upon termination:

• Your license to use Content ends.
• You must delete all downloaded materials.

Sections that survive termination include Intellectual Property, Limitation of Liability, and Governing Law.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Kingdom of Bhutan, without regard to conflict of laws principles.

Any disputes arising from these Terms shall be resolved through:

• Good-faith negotiation.
• If unresolved, referral to the Bhutan InfoComm and Media Authority (BICMA) or Alternative Dispute Resolution Centre, as per ICMA and Consumer Protection Code.
• Final recourse to the courts of Bhutan.

In line with ICMA, we provide internal complaint resolution (response within 30 days) before escalation, with special consideration for disputes involving minors.

11. Miscellaneous

• Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters, pandemics).
• Severability: If any provision is invalid, the remaining Terms remain in effect.
• No Waiver: Failure to enforce a provision does not waive it.
• Entire Agreement: These Terms constitute the full agreement, superseding prior understandings.

12. Contact Information

For questions, complaints, or support, contact us at:

• Contact: +975-02-328098 (Office)
• Email: bhutanscoutsassociation@gmail.com
• Address: Department of Education Programmes, Thimphu, Bhutan

We aim to respond within 5 business days, in compliance with consumer protection requirements.

Parents/legal guardians may contact us voluntarily to monitor or manage their child's Account.