Effective as of August 28, 2024

Welcome to the website of The Bach’s Wish Fund (“BWF”), located at https://www.bachswish.org (the “Site”). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, materials, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them, and that you intend to be legally bound by them. If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Site and must exit immediately.

1. Informational Purposes Only

The information provided on this Site is for informational and educational purposes only. Without limiting anything else in these Terms, BWF is not responsible for any errors or omissions in the Site or its materials.

2. Registration

To access certain content, services, or benefits, you may be required to register and create an account. By doing so, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You may terminate your account at any time by contacting us at info@bachswish.org.

3. Proprietary Rights

As between you and BWF, BWF owns or licenses all data, content, graphics, forms, artwork, images, photographs, software, and other materials available on or through the Site (“Site Materials”), as well as their selection, arrangement, and design. All Site Materials are protected under applicable copyright, trademark, and other intellectual property laws. The names, logos, and slogans appearing on the Site are proprietary to BWF or its partners. You may not copy, reproduce, distribute, or create derivative works from the Site Materials without prior written permission from BWF.

4. Unauthorized Activities

You agree not to use the Site for any unlawful or unauthorized purposes, including but not limited to:

• Violating local, national, or international laws;

• Modifying, distributing, or reproducing Site Materials without authorization;

• Attempting to gain unauthorized access to BWF’s systems;

• Interfering with the performance, security, or functionality of the Site.

Any unauthorized use of the Site may result in legal action.

5. User Content

Certain features of the Site may allow you to submit comments, feedback, or other materials (“User Content”). By submitting User Content, you grant BWF a worldwide, perpetual, irrevocable license to use, reproduce, display, and distribute such content in connection with its mission. You represent that you have all necessary rights to submit the User Content and that it does not infringe on the rights of others.

6. Third-Party Websites and Content

The Site may contain links to third-party websites. These links are provided for your convenience only. BWF does not endorse or take responsibility for the content, accuracy, or services offered on third-party sites. Your use of any third-party website is at your own risk and subject to that website’s terms and policies.

7. Privacy Policy

Any personal information you provide to BWF is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please note that the confidentiality of information transmitted via the internet cannot be guaranteed.

8. Disclaimer

The Site, Site Materials, and any services or information provided are made available “as is” and “with all faults.” BWF makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of the Site or its content, including but not limited to warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your own risk.

9. Limitation of Liability

To the maximum extent permitted by law, BWF shall not be liable for any direct, indirect, incidental, or consequential damages resulting from your use of, or inability to use, the Site or its materials. If you are dissatisfied with the Site, your sole remedy is to stop using it.

10. Indemnification

You agree to indemnify and hold harmless The Bach’s Wish Fund, its officers, employees, and affiliates from any claims, liabilities, damages, or expenses arising out of your use of the Site, your violation of these Terms, or your violation of any rights of others.

11. Security and Availability

BWF uses reasonable measures to maintain the security and availability of the Site, but we do not guarantee uninterrupted or error-free operation. Transmission of information via the internet may be subject to risks beyond our control.

12. Complaint Procedures

If you believe any content on the Site infringes your rights, please contact us at info@bachswish.org with a detailed description of your concern, including your contact information, the specific content at issue, and the basis for your complaint.

13. Changes to These Terms

BWF reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the Site constitutes acceptance of any changes.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Socialist Republic of Vietnam, without regard to its conflict of law provisions. By using the Site, you consent to the jurisdiction of the courts located in Ho Chi Minh City, Vietnam, for the resolution of any disputes.

15. Miscellaneous

Failure by BWF to enforce any part of these Terms shall not be deemed a waiver of such rights. Headings are for reference only and do not affect interpretation. These Terms constitute the entire agreement between you and BWF regarding use of the Site.