Terms of Use

1. Parties and subject matter

These Terms of Use ("Terms") constitute an agreement between the user and Nepali Buddy ("we", "us", "our") governing access to and use of the nepalibuddy.com website and the Nepali Buddy application for iPhone, iPad and the web (together, the "Service").

Use of the Service constitutes acceptance of these Terms. Where the Service is used by or with a child, the adult accepting these Terms does so on that child's behalf in the capacity of parent or legal guardian and warrants that they are entitled to do so.

2. Charges and stage of development

The Service is made available without charge. There is no subscription, no payment facility, no restricted lesson content and no advertising. We are under no obligation to continue to provide the Service without charge, but any such change will be notified in advance and will not operate retrospectively to restrict content previously made available to a user.

The Service is provided at an early stage of development. Lesson material continues to be extended, certain material remains subject to editorial review, and features may be altered or withdrawn between releases.

3. Accounts

The iPhone and iPad application requires no account. Access to the application on the web requires an account established through Sign in with Apple or through Google. The account is held by an adult, being an adult learner or, where the learner is a child, a parent or legal guardian, and never by the child. The account holder must be of sufficient age to maintain an account with the relevant identity provider and to enter into these Terms in their own jurisdiction.

The account holder is responsible for maintaining the security of the authentication method associated with the account and for any use of the Service effected through it. Where an account holder becomes aware of unauthorised access, they should sign out from within the application and notify us at [email protected].

An account may be closed at any time. Requests for deletion, and the treatment of information held in connection with an account, are addressed in the Privacy Policy. We reserve the right to suspend or terminate an account used in contravention of Section 5.

4. Nature of the Service

The Service is a supplementary learning aid. It does not constitute, and is not offered as:

1. a curriculum, a course of instruction or a qualification;
2. an assessment of a user's pronunciation, handwriting or attainment, and no such assessment, score or certification is produced;
3. a warranty or representation as to any particular learning outcome; or
4. a substitute for instruction by a teacher, a tutor or a family member.

Lesson material is subject to editorial review by identified reviewers prior to publication. Language instruction nevertheless involves matters of judgement, regional variation and the possibility of error, and no warranty is given as to the accuracy or completeness of any lesson material. Corrections may be submitted to [email protected].

5. Permitted and prohibited use

A user shall not:

1. reproduce, redistribute, sublicense or offer for sale any lesson material, recording or artwork forming part of the Service;
2. interfere with, place undue load upon, or attempt to obtain unauthorised access to the Service or to any account;
3. reverse engineer, decompile or disassemble the application, save to the extent that such acts may not lawfully be prohibited; or
4. use the Service for any unlawful purpose.

Use of the Service within a household, a classroom, a community language school or a comparable educational setting is permitted and requires no further licence.

6. Intellectual property

The Nepali Buddy name, the associated artwork, the lesson material, the recordings and the software comprising the Service are owned by us or used under licence and are protected by copyright and other intellectual property rights. These Terms confer a limited, personal, non-exclusive and revocable right to use the Service and transfer no title in any of the foregoing.

The Service incorporates third-party open-source components, including typefaces made available under the SIL Open Font License, which remain subject to their respective licences.

7. Availability

The Service is provided on a reasonable-efforts basis. It may be unavailable during maintenance, by reason of a failure affecting our hosting providers, or by reason of a failure affecting an identity provider. We may modify, suspend or discontinue the Service or any part of it, and will give such notice as is reasonably practicable in the circumstances.

8. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that lesson material is complete or free from error.

Certain jurisdictions do not permit the exclusion of implied warranties, in which case the foregoing exclusions apply only to the extent permitted. Nothing in these Terms restricts any statutory right of a consumer that may not lawfully be restricted.

9. Limitation of liability

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of data, arising out of or in connection with use of the Service. The Service being provided without charge, our aggregate liability in respect of any claim arising out of or in connection with it shall not exceed one hundred United States dollars (US$100).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that may not lawfully be excluded or limited.

10. Apple

Where the application is obtained through the App Store, use is additionally subject to Apple's applicable terms. Apple is not a party to these Terms and bears no responsibility for the Service or its content. Apple is under no obligation to furnish maintenance or support in respect of the application. Apple and its subsidiaries are third-party beneficiaries of these Terms and are entitled to enforce them.

11. Amendment

These Terms may be amended from time to time. The date stated at the head of this page reflects the current version. Where an amendment materially affects a user's rights, that amendment will be stated expressly on this page. Continued use of the Service following an amendment constitutes acceptance of the amended Terms.

12. Contact

Enquiries concerning these Terms: [email protected].