Terms and Conditions of Use of Destiney Arkaden’s Website, Services and Products
By using Destiney Arkaden’s website (www.destiney-arkaden.com or www.destiney-arkaden.de), you agree to the Terms and Conditions of Use described here. Destiney Arkaden, a brand of OJIRA Soft UG Berlin, Germany, brings people together with a common interest to study abroad, work & live abroad. The company is also duly incorporated in Nigeria and registered with the Corporate Affairs Commission with RC number 2888118.
The following expressions, “Destiney Arkaden” or “DA” or “Platform” or “Website” or “Us” or “Our” or “We” shall refer to the legal representatives of the Website whose contact email address is info@japa.travel and further contact details are given at the end of this Terms and Conditions of Use.
Destiney Arkaden is an independent online platform that facilitates the study abroad process for prospective international students, seeking admission into higher institutions in Germany and EU states. We provide awareness on study programs in Germany and EU states and the necessary tools, information, and guidance for prospective students. We are able to do this because we studied in Germany and are now working here, hence we are motivated to support prospective international students, especially those from developing countries.
The Terms and Conditions of Use of this platform shall be guided by the following sub-headings:
- Membership
- Terms of services provided
- Service charges, payment terms and return policies
- Content management
- Warranty disclaimer
- Liability limitation
- Termination of Rights
- Severability
- Arbitration and jurisdiction
- Governing law
- Indemnity
- Disclaimer
- Notice of copyright and contact details
The Terms and Conditions described herein applies to the website’s visitors, users and service providers to DA. Visitors include all those who browse the website, regardless of the devices used or/and as a registered member (User) or not. Users include all registered members with valid username (ID) and login password. Service providers are all those working with DA to provide one service or another. For the purpose of clarity, the term ‘User (s)’ shall include ‘Visitors’ and ‘Service providers’.
IF YOU DISAGREE TO THESE TERMS OF USE OR ANY PART OF IT, THEN YOU MAY NOT ACCESS OR USE THE FEATURES OF THIS WEBSITE OR THE SERVICES WE PROVIDE.
DA reserves the right to change, adjust or modify these Terms of Use or part (s) of it at any time and at our sole discretion. Users will be notified of any change, adjustment or modification made to these Terms of Use via this website. Users are responsible for the periodical review of the latest Terms of Use. Therefore, the continued use of this website or services provided implies acceptance of any changes, adjustment or modification made or will be made by us now or in the future.
Membership
By signing up on the website, you accept the terms of use described here, including our Privacy policy.
The use of most of our services may be subject to FREE membership registration, that is creation of an account. When you create an account with us, you must provide us information that is accurate, complete, and current at all times, including but not limited to your name and email address. Failure to do so constitutes a breach of the Terms, which may lead to limitation and/or denial to use our Service. Additional information may be required to confirm your identity. We may use, maintain, and store this information to provide certain services to you now and in the future. We may share such information with third parties in line with some services, should need be. To know more about how we treat your personal information, please see our Privacy Policy, which is hereby incorporated into this Terms of Use. You are requested to read this policy carefully to know our process of collection, use, and disclosure of your personal information. By accepting this Terms of Use you are accepting our Privacy Policy.
You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, DA reserves the right to terminate your use of the platforms and our services.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. A new password and/or username shall be created after such notification. We will not be responsible for any damage arising from unauthorized access to your user account or login credential.
The creation of multiple accounts is outrightly prohibited. You acknowledge that your use of our website and service is solely to help yourself with the information provided. We bear no responsibility for any damages that may arise through your use of our platform.
Terms of services provided
Service charges, payment terms and return policies
Some services may be subject to charges. For such services, full payment must be made before access or delivery of the service. In the case where the user is required to provide information for such services, the user is solely responsible for the correctness of such information. We shall not be liable to any damage, loss, delay, incorrect provision, nullification or total denial of such services due to incorrect information provided to us by the User. For services that include a free trial, the full payment will be due when such free trial period is over.
To purchase any services or products offered by DA through this platform, you must have active internet access and a valid accepted payment method as indicated during payment of such service. DA does not store any of your credit card information or such other payment information restricted by the appropriate minsitry of finance or the financial institution from your location of accessing such service, for processing payment. You acknowledge our partnership with payment gateways for the payment towards services rendered by us. You agree that in case our third-party payment providers store any of such information, DA will not be responsible for such storage, and it will be solely by your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to usage of such information will be solely a loss incurred by you, and we are in no ways liable for any of such losses, and are neither responsible to reimburse and/or make good such losses in any manner whatsoever.
Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, because of exchange rates. DA has limited payment methods, currencies or locations for payment.
All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
A refund for paid services may be offered completely at the sole discretion of DA only after thorough investigation of the reason for demand for refund. Please be sure to check the correctness of information provided and the selection of the right service (s) before making payment.
Content management
Our website may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that DA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The use to this platform may provide you access to upload, share or comment on posts, chat with other Users, leave feedbacks, engage in discussions and/or view profile pages and other media contents for social interaction. We expressly declare that we have no right nor claim ownership of any User content you may submit, interact with or make available for inclusion on the website. Therefore, Users will be solely responsible for their actions or results in such interactions.
With respect to any User content you submit to our website or provide to third-parties or that is otherwise made available to us via your interaction with/on our platform, you hereby grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly share or display such contents anywhere – or otherwise exploit such content, with the right to sublicense such rights (to multiple tiers), for any purpose (including commercial purpose). We reserve the right to remove any User content at any time and for any reason.
The use or share of any content on our platform implies that you represent and warrant that: (1. you have all necessary rights, licenses and/or clearances to provide such content(s) and permit DA to use such content(s) as explained above, (2. such content is accurate and reasonably complete, (3. you alone shall be responsible for the payment of any third party’s fees related to the provision and use of such content, and (4. such content does not and will not infringe or misappropriate any third party’s rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. More precisely, you agree to comply with all applicable laws regarding the transmission of technical data exported from Germany or your location of access.
Warranty disclaimer
You agree that Destiney Arkaden, in its sole discretion, may terminate your use of our website or your participation, for any reason or no reason, and that we shall not have any such action, provided, however, that if Destiney Arkaden terminates your participation other than for cause including, without limitation, your failure to comply with any term of use, will receive a pro-rata refund of any money you paid. It is DA’s policy to terminate, under inappropriate circumstances, users of this website who are violating the terms of use as stated herein.
We will not be required to provide you any service or engage in any activity, including but not limited to providing you credentials or acknowledgements relating to believes that the service or activity may violate any applicable law or regulation. Termination does not give rise to any right to any grievance or other resolution process for disputes at Destiney Arkaden, or any other organization, division, program associated with us. You agree that DA has the right to cancel, delay, reschedule, or alter the format of any content at any time.
You acknowledge and agree that our services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that Destiney Arkaden, at its sole discretion, may limit, suspend, or terminate your use of all or parts of our services. You also understand that Destiney Arkaden may modify or discontinue all services at its sole discretion.
Liability limitation
UNDER NO CIRCUMSTANCES SHALL DESTINEY ARKADEN BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FALLS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
DESTINEY ARKADEN`S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED MORE THAN FIFTY EUROS ONLY (EUR 50) OR THE AMOUNT OF FEES RECEIVED BY US FROM THE COMPLAINING USER FOR THE USE OF THE PLATFORMS OR SERVICES PROVIDED. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION.
THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT DESTINEY ARKADEN WOULD NOT ENTER INTO THESE TERMS OF USE OR MAKE THE ONLINE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
Termination of Rights
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and liability limitations.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You acknowledge and agree that Destiney Arkaden, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform’s services for any reason or no reason, including, without limitation, if we believe that you have (1. breached this Terms of Use or any part; (2. infringed the intellectual property rights of a third party; (3. posted, uploaded or transmitted unauthorized content to the Platforms.
You agree that any deactivation or termination of your access to the Platform may be effected without prior notice to you and that Destiney Arkaden shall not be liable to you nor any third party for any termination of your account or the online services. You also acknowledge that Destiney Arkaden may retain and store your information on our systems notwithstanding any termination of your account or the online access.
Severability
If any one or more provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, by the Governing Law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
Arbitration and jurisdiction
In the event of any dispute or differences arising out of or relating to or in connection with these terms and conditions, the parties shall enter, in good faith, into negotiations aimed at finding an amicable solution. If the disputes cannot be resolved in a satisfactory manner between both parties, the disputes, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by the law that governs arbitration in Germany for the time being in force which rules are deemed to be incorporated by reference to this clause. The award of the Arbitrator shall be final and conclusive and binding on both parties.
Governing law
This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Germany.
Indemnity
You agree to indemnify and hold Destiney Arkaden harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (1. your use or attempted use of the website or services in violation of the terms herein; (2. your violation of any law or rights of any third party; or (3. information or content that you or others post or otherwise make available on the website or through any third-party, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Disclaimer
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantees the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This website may contain the material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this terms and conditions.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific needs and/or desires.
All trademarks reproduced in this website which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages against the user and/or be a criminal offense and liable to persecution by the Governing law.
This website includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without prior written consent from Destiney Arkaden.
You expressly acknowledge and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Destiney Arkaden to resolve any legal matter arising from this agreement or related to your use of our services. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
Without limiting the foregoing, we do not warrant the following:
(1. the website’s content aims to meet your requirements or expectations or achieve the intended purposes,
(2. the website will not experience outages or otherwise be uninterrupted, timely, secure or error-free,
(3. that defects in or on the platforms or content will be corrected. You assume all risks of personal injury, including death and damage to personal property, sustained from use of the online services and contents.
Notice of copyright and contact details
This website and its content are copyright of Destiney Arkaden.
All rights reserved. © Destiney Arkaden 2021.
The redistribution, reproduction or reuse of any part or all of the contents in any form is expressly prohibited, except in the following cases:
- Extracts from information on the website or downloadable contents may be printed or saved to a local hard disk, provided these are ONLY for personal and non-commercial use.
- If you acknowledge the website as the source of material or information, the website’s content or parts may be copied to third parties for their personal and non-commercial use ONLY.
- No content may be distributed or commercially exploited, except with our express written permission. You may not transmit it or store it in any other website or any other form of electronic retrieval system – except for personal use.
Destiney Arkaden, Berlin Germany
c/o Michael Onwuatuegwu
Belßstr. 78B, 12249 Berlin, Germany
Email: Onwuatuegwu-m@japa.travel
