Terms and Conditions

These Terms and Conditions govern the services offered by MyBhutan LLC, based in the United States of America, and MyBhutan’s cooperating entities, MyBhutan Productions and MyBhutan IT, based in Bhutan (Together, defined as "MyBhutan") at the MyBhutan online platform (the "Platform"). Such services and Platform together are hereinafter referred to as the "Support." Please read these Terms and Conditions and the MyBhutan Privacy Policy (the "Privacy Policy") carefully before using the Support. You can read the Privacy Policy https://www.mybhutan.com/privacy.

Your use of the Support constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and the Privacy Policy, and your representation that you are of legal age to enter into this transaction. If you object to anything in these Terms and Conditions or the Privacy Policy, you are not permitted to use the Support. The Privacy Policy is incorporated by reference into these Terms and Conditions, and these Terms and Conditions and the Privacy Policy together are hereinafter referred to as the "Agreement."

MyBhutan Is Facilitator between Customer and Service Provider

MyBhutan is a hosting platform for facilitating the connection between individuals and/or entities (“Customers”) seeking travel services (“Services”) from selected service providers ("Providers"). Together, these two types of parties - the Customers and Providers - are to be defined henceforth as “Users”. The Users acknowledge and agree that the Provider delivers the Services to the Customer and that MyBhutan has no relationship with the Customer other than to provide the Support as set forth in this Agreement. MyBhutan does not have control or responsibility over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Services.

Release

USERS AGREE THAT NEITHER MYBHUTAN NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY USERS OR SERVICE. NEITHER MYBHUTAN NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS ARISING DIRECTLY OR INDIRECTLY OF ANY USERS. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE MYBHUTAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Customer Eligibility

Services may only be purchased by individuals, including without limitation, Customers who are of Legal Age which, for purposes of this agreement, is 21 (twenty-one) or older. You expressly represent and warrant that you are of Legal Age or your parent(s)/guardian(s) has/have also read and accept these Terms and Conditions and the MyBhutan Privacy Policy on your behalf.

Your parent(s)/guardian(s) acknowledge(s) that he/she has/have read the Agreement and agree to the release of all the parties named herein, and that you, your heirs, assigns, and next of kin, agree to hold harmless MyBhutan and all other parties named herein from any and all liabilities incident to the Customer’s involvement with MyBhutan, even if arising from negligence, to the fullest extent permitted by law.

Depending on the customer’s method of payment, varying payment processing and/or interchange fees may apply.

Provider Eligibility

The Provider must be approved by MyBhutan and register an account with MyBhutan. By registering an account with MyBhutan, the Provider agrees to enter into the “Traffic Rider to the Provider Eligibility” Traffic Rider below.

If the Provider is a Bhutanese entity:

  • The Provider agrees to accept all payment in their affiliated bank’s account (BOB or BNB) in New York. If the Provider is a licensed tour operator, the Provider agrees to accept all payment in their bank account linked to the Tourism Council of Bhutan. The Provider understands that MyBhutan is only responsible for payment transfer fees required to deposit funds in the Provider’s affiliated bank’s account in New York. Upon receipt by the bank’s account in New York, all internal payment transfer fees between the Provider and the bank are the responsibility of the Provider.
  • The Provider acknowledges that the Provider has a valid business license recognized by the Royal Government of Bhutan.

Services may only be used by Providers, including without limitation, Providers who are of Legal Age which, for purposes of this agreement, is 21 (twenty-one) or older. You expressly represent and warrant that you are of Legal Age or your parent(s)/guardian(s) has/have also read and accept these Terms and Conditions and the MyBhutan Privacy Policy on your behalf.

Your parent(s)/guardian(s) acknowledge(s) that he/she has/have read the Agreement and agree to the release of all the parties named herein, and that you, your heirs, assigns, and next of kin, agree to hold harmless MyBhutan and all other parties named herein from any and all liabilities incident to the Provider’s involvement with MyBhutan, even if arising from negligence, to the fullest extent permitted by law.

The Provider must opt into one of the plans provided in the linked Membership Types page. In the case that the Provider selects a membership type that requires payment by the Provider to MyBhutan, the Provider understands that the Provider’s account may be withdrawn at the discretion of MyBhutan at any time should the Provider fail to make payment on a timely manner.

Use of Material

Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Platform are proprietary to MyBhutan and its affiliates. Aside from the API integration that allows for MyBhutan content to be sourced on the Provider’s website, all copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Platform, or the making of any derivative works from this Platform is prohibited. For all content allowed by MyBhutan to be sourced on the Provider’s website via the API integration, the Provider agrees that all content provided by MyBhutan must be removed immediately from the Provider’s website should the Provider’s account with MyBhutan be closed and the API no longer active.

Non-Disclosure of Information

For purposes of this Agreement, the term "Confidential Information" means any information which is disclosed, whether orally or in writing, from MyBhutan to the Provider or which may be obtained from a review of MyBhutan’s documents or other materials if such information is, or any such documents or other materials are, (a) marked or designated by the disclosing party as confidential, or (b) reasonably known by the Provider as being treated by MyBhutan as confidential. The term “Confidential Information” includes (without limitation) business models, customer and supplier lists, marketing plans, reporting tools, financial and technical information, trade secrets, know-how, ideas, designs, drawings, specifications, techniques, programs, systems, processes, and computer software (including all intellectual property used in the ownership, marketing, development, maintenance, support, and delivery of such software, and including any enhancement, derivative, translation, modification, correction, addition, extension, upgrade, improvement, compilation, or abridgment to or of such software).

The Provider may use MyBhutan’s Confidential Information only in connection with the Support, and for no other reason or purpose. The Provider will keep confidential MyBhutan’s Confidential Information, and may not disclose MyBhutan’s Confidential Information to any third party without the specific prior written consent of MyBhutan. On completion, termination or abandonment of the Provider’s use of or relationship with the Support, or at any time on written request by MyBhutan, the Provider will immediately cease using MyBhutan’s Confidential Information, return all times and copies of Confidential Information, and destroy all writings that include or refer to the Confidential Information.

The Provider agrees that this agreement is to remain as Confidential Information between the Provider and MyBhutan.

Non-Compete

Throughout the entire existence of this agreement between MyBhutan and the Provider, the Provider may not partake in business activities in competition with MyBhutan.

User Submissions

This Platform reserves its right to permit at any time the submission, sharing or publishing of photographs, videos, comments, communications or other content submitted by you and other users ("Submissions"). Other than personally identifiable information, which is covered under the MyBhutan Privacy Policy available https://www.mybhutan.com/privacy, any Submission transmitted or posted to this Platform will be considered non-confidential. In addition, by submitting any Submission to MyBhutan, you hereby grant MyBhutan a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Submission in connection with the Platform, the Support and MyBhutan’s business. You hereby grant each User of the Platform a non-exclusive license to access your Submissions through the Platform and to display and publicly perform such Submissions as permitted through the functionality of the Platform and under these Terms and Conditions.

In connection with Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant MyBhutan all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of MyBhutan or any third party; or (iv) impersonates another person. MyBhutan reserves the right to remove any Submissions at its sole discretion and without notice or liability to you or to any other person.

MyBhutan does not endorse any Submission or any opinion, recommendation or advice therein, and MyBhutan expressly disclaims any and all liability in connection with any Submission. You understand and agree that you may be exposed to Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against MyBhutan with respect thereto. MyBhutan may provide links to websites owned or operated by third parties. MyBhutan does not endorse the content or any products or services available on such websites and is not responsible for such content or its security. Your linking to any other websites from this Platform is at your own risk.

User Account

You are the sole authorized User of any account you create with MyBhutan. You are responsible for maintaining the confidentiality of any password or account number provided by you or MyBhutan for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. MyBhutan has no control over the use of any User's personal account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify MyBhutan immediately.

If the Provider is a Bhutanese entity:

  • You will input your Tashel user credentials to your MyBhutan user account. The credentials will be encrypted and stored by MyBhutan to automatically process visas for you. MyBhutan personnel will not have access to these credentials. You are responsible for maintaining the confidentiality of any Tashel password or account number. You are solely and fully responsible for all activities that occur under your Tashel password or account. MyBhutan has no control over the use of any User's Tashel account and expressly disclaims any liability derived therefrom.

Banking Details & Currency Conversion & Refunds

You will input your bank account routing details in your MyBhutan user account. The details are required by MyBhutan to send payments to you. You are responsible for maintaining the confidentiality of any banking details. You are solely and fully responsible for all activities that occur under your bank account. MyBhutan has no control over the use of any User's bank account and expressly disclaims any liability derived therefrom.

If the Provider receives Customer transaction funds from MyBhutan:

  • You agree to refund MyBhutan for Customer cancellations of entire trips or added services, upon request by MyBhutan, within 15 days from the day of the initial request. The Provider agrees that its company refund policy must default to the Refund Policy listed below for all transactions with MyBhutan. This policy is standardized for affiliated Providers with MyBhutan and exceptions may not be granted. The Provider agrees to honor this cancellation policy on all terms.

Refund Policy

The Provider will be subject to return to MyBhutan the following percentage of the transaction for tours booked, paid for, and later cancelled:

  • 45 days or more prior to arrival date in Bhutan: The Provider must refund MyBhutan 100% of the total transaction cost
  • 15-44 days prior to arrival date in Bhutan: The Provider must refund MyBhutan 65% of the total transaction cost
  • Less than 15 days prior to arrival in Bhutan: The Provider must refund MyBhutan 50% of the total transaction cost
  • This refund policy excludes airline ticket refunds. For all airfare refunds, the Provider agrees to follow the policies set by each individual airliner.

If the Provider sends Customer transaction funds to MyBhutan:

MyBhutan agrees to refund the Provider for customer cancellations of entire trips or added services, upon request by the Provider, within 30 days from the day of the initial request. The Provider agrees that they will comply with MyBhutan’s Refund Policy listed below for all transactions with MyBhutan. This policy is standardized for affiliated Providers with MyBhutan and exceptions may not be granted. The Provider agrees to honor this cancellation policy on all terms.

Refund Policy

MyBhutan will be subject to return to the Provider the following percentage of the transaction for tours booked, paid for, and later cancelled:

  • 45 days or more prior to arrival date in Bhutan: MyBhutan must refund the Provider 100% of the total transaction cost less interchange fees
  • 15-44 days prior to arrival date in Bhutan: MyBhutan must refund the Provider 30% of the total transaction cost less interchange fees
  • Less than 15 days prior to arrival in Bhutan: MyBhutan must refund the Provider 0% of the total transaction cost
  • This refund policy excludes airline ticket refunds. For all airfare refunds, MyBhutan agrees to follow the policies set by each individual airliner, less interchange fees, less a 10% interchange commission to MyBhutan.

For all matters regarding currency conversions between Bhutanese Ngultrum and a foreign currency, MyBhutan uses the following source: Open Exchange Rates.

Traffic Rider to the Provider Eligibility

Whereas the Provider has accepted the Terms & Conditions of the Platform, and
Whereas the Provider may send and receive transactions from the Platform and
Whereas, if the Provider is a for-profit entity and a tour operator licensed by the Tourism Council of Bhutan and the customer is an international tourist, MyBhutan collects a fee of 10% of the total international tourist minimum daily tariff cost (as defined by the Tourism Council of Bhutan) for all transactions sent through the Platform and - if applicable - MyBhutan collects any additional premiums as previously agreed between MyBhutan and the Provider.
Or, if the Provider is a for-profit entity and a tour operator licensed by the Tourism Council of Bhutan and the customer is a regional tourist (holding citizenship in India, Bangladesh or Maldives only), MyBhutan collects a fee of 10% of the total regional tourist minimum daily tariff cost (as defined by the total international tourist minimum daily tariff cost less the total daily government royalty fee) for all transactions sent through the Platform and - if applicable - MyBhutan collects any additional premiums as previously agreed between MyBhutan and the Provider.
Or, if the Provider is a for-profit entity and not a tour operator licensed by the Tourism Council of Bhutan, MyBhutan collects a fee of 10% of the total transaction cost for all transactions sent through the Platform and - if applicable - MyBhutan collects any additional premiums as previously agreed between MyBhutan and the Provider.
Or, if the Provider is a not-for-profit entity, MyBhutan collects a fee of 6.95% of the total transaction cost for all transactions sent through the Platform and - if applicable - MyBhutan collects any additional premiums as previously agreed between MyBhutan and the Provider.
For, if the Provider is a recipient of funds and a Bhutanese entity and a licensed Bhutanese tour operator, MyBhutan expects to pass through the fees under the Provider’s title to the Tourism Council of Bhutan’s account.
Or, if the Provider is a recipient of funds and a Bhutanese entity and not a licensed Bhutanese tour operator, MyBhutan expects to pass through the fees to the Provider’s account listed on the Provider’s User account (and the Provider acknowledges that additional fees may apply to account for interchange fees).
Or, if the Provider is a recipient of funds and not a Bhutanese entity and not a licensed Bhutanese tour operator, MyBhutan expects to pass through the fees to the Provider’s account listed on the Provider’s User account (and the Provider acknowledges that additional fees may apply to account for interchange fees).

Disclaimer

USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE PLATFORM AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYBHUTAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY WEBSITES LINKED TO THE MYBHUTAN PLATFORM. MYBHUTAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MYBHUTAN PLATFORM OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MYBHUTAN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

MYBHUTAN DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE PLATFORM RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MYBHUTAN SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. MYBHUTAN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. MYBHUTAN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. MYBHUTAN AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Limitation of Liability

YOU AGREE THAT MYBHUTAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY PROVIDER OR SERVICE; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE PLATFORM OR YOUR LINKS TO OTHER WEBSITES, PRODUCTS OR SERVICES FROM THIS PLATFORM, EVEN IF MYBHUTAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER AGREE THAT MYBHUTAN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL MYBHUTAN’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO MYBHUTAN HEREUNDER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

Indemnity

You agree to defend, indemnify and hold harmless MyBhutan and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Platform or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. MyBhutan shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.

Termination

At its sole discretion, MyBhutan may modify or discontinue the Platform, or may modify, suspend or terminate your access to the Platform or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Platform or the Support, MyBhutan reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Support. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

Dispute Resolution

The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in New York, New York USA or the courts of the Royal Government of Bhutan - chosen at the discretion of MyBhutan - utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The arbitrator shall be required to follow the law.

Governing Law and Severability

MyBhutan has the sole right to choose the venue of governing law. The Agreement may be governed by either the laws of the State of Florida USA or the Royal Government of Bhutan - chosen at the discretion of MyBhutan and enforced by either MyBhutan, LLC or its cooperating entities, MyBhutan Productions of MyBhutan IT - without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Platform is void where prohibited.

No Agency

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

Changes to the Agreement

MyBhutan reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Platform or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

Contact Us

MyBhutan welcomes your questions or comments regarding the Terms:

MyBhutan

[email protected]