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Terms of Service


Acknowledgement

The following “terms and conditions”, along with all the other terms and legal notices available on www.arday.com (collectively, "Terms"), regulates Your use of www.arday.com (the "Platform"). The Platform is owned and operated by Arday Network Organization. (hereinafter referred to as “Trustee”).

These Terms and Conditions ("Terms") form a legally binding agreement ("Agreement") between the user who visits the platform regarding the use of our services and products, or whose information the platform otherwise receives regarding the services and products provided through its education business (“You”) and the Platform governing your access to and use of the Platform, including any subdomains of it, and any other sites through which the Platform makes its services available (collectively, "Site"), our mobile applications, and application program interfaces (collectively, "Application"). The Site and Application are collectively termed as "Platform".

Use or access to any part of the Platform or any content available is contingent on your consent of and compliance with these Terms and Privacy Policy. If You do not acknowledge and agree to be legally bound by all Terms and the Privacy Policies, do not use this Platform.

These Terms are lawfully binding upon you and representatives, and assigns, as may be applicable. The headings of the articles and subdivisions of these Terms are inserted merely for the accessibility of reference and shall have no further meaning, force, or effect.

Additionally, basis services and products opted, certain service or product specific conditions may apply.


Eligibility

You represent and warrant that:

  1. You are competent to form a legally valid binding contract and agreement as per the applicable laws. If you are located in the European Union region the minimum age for these purposes shall be 16, however, if local laws mandate that you must be older in order for the Platform to legally provide the services and products in the Platform to You then that older age shall be the applicable minimum age.

In all jurisdictions outside the European Union, if You are below the age of 18 or the age of majority in Your local jurisdiction, you must access and use the Platform under the supervision of Your parent, legal guardian, or responsible individual adult.

By accessing or using the Platform Arday.com You represent and warrant that You meet the requirement of the minimum age and have the legal authority and capacity to enter into agreement as per the applicable laws.

You are not under any legal or other impediment which restricts Your capacity to adhere to these Terms or to install and use the products and services You purchase with minimal risk of damage to You or others. You further explicitly represent that You are not purchasing the services/products for resale to others and will not try so without the Platform’s prior written consent.

  1. You are eligible and competent to conduct the purpose “hereinafter defined” lawfully.

Registration

On registration in the Platform, you consent to:

  • Make Your contact details available to our partners/business associates of the Platform, you may be communicated by the Platform or its partners for further information and the registration process through telephone, and SMS, or email.
  • Receive promotional emails / special offers from the Platform or any of its business partners. If You do not want to be contacted by Platform, please modify the settings at the time of registration or in the "Accounts & Settings" section on the Platform.
  • Be contacted by Arday.com in accordance with the settings set by Yourself.

Purpose

The Platform is made available for use to assist students get details, discover & research on universities, institutions, vocational schools, courses and programs, scholarships, events, participating forums, professional certificates, guided projects of their interest and allied services and products related thereto. The platform also helps connect educational institutes etc. with any potential students who may be of interest to them. Users' personal information will be shared with Educational Institutes etc. either if they have shown interest in that Educational Institutes etc. or if they have shortlisted the user as a prospective candidate for admission.

 

Study Abroad division of Platform also helps students in completing and sending their applications to universities abroad. (“Purpose”).

Use to be in conformity with the Purpose.

The Platform (including the Site and the Application) or Service or Product that You subscribe to or use (whether it is paid for by You or not) is meant for the same Purpose and Your exclusive use only. Downloading, Copying, recreating, sharing passwords, and sublicensing, or sharing in any manner which are not in accordance with these terms, is a regarded abuse and misuse of the Platform or Services or Products and the Platform reserves its rights to act lawfully in such manner as to legally protect its loss of revenue or name, reputation or claim damages including stopping your access to the platform, use of service or and reporting to relevant legal authorities. In the event You are found to be misusing, copying, transmitting, scraping, or crawling any data or any information available on the Platform or Services and Products for any purpose not that being a Bonafede purpose, we reserve the legal right to take such action that we consider fit including stopping your access and claiming damages.

 

  1. The correctness and the accuracy of the information provided by You:
  • Whilst using this Platform an obligation and responsibility is cast upon You to only provide precise and correct information and in the case of creating a profile You are required to at all times keep the information up to date.
  • We reserve the right to remove/suspend any account/profile or content providing incorrect/false or incomplete or outdated information or masquerading/impersonating as someone else.
  • Keep Your contact details up-to date, false and wrong details in itself can be a lead to the termination of services. Also, as a consequence we may not be able to contact You.
  1. Security of Login credentials and Responsibility of content and activities:
  • Do not share sensitive information such as your account password, be responsible in what You post or comment.
  • If You have signed up / registered on the Platform, the safety and security of Your login credentials is Your own responsibility, do not share it with anyone.
  • You have full responsibility for all the activities under your account and any other actions taken in relation to the Platform. It is believed that all activity occurring under a user’s account on the Platform are being made after having obtained appropriate authorizations and all lawful permissions as might be applicable.
  • The Platform may have included links to third party websites/applications, these links are included solely as convenience to You and the existence of these links should not under any circumstances be regarded as an endorsement of the contents of the same if You opt to access these websites/applications You do so at your own jeopardy.

Use of the Platform

  1. The Platform and all the services and products provided via the Platform are meant solely for legitimate and lawful uses which fall under the scope of the Purpose and are meant for Your exclusive use. The Platform has the absolute right to set and determine whether a specific type of action or use falls and includes within the scope of the Purpose or not.

The following actions will, among others, constitute a misuse of the Platform and are strictly and explicitly prohibited:

  1. Copying, extracting, distributing, downloading, modifying, selling, storing, making derivative works from or otherwise exploiting any content, information, data, including but not limited to profiles, photographs and/or graphics, available on the Platform and/or any products or services of the Platform, in any form or for any purpose which is not, in alignment with the Purpose and/or in accordance with these Terms and the Privacy Policy. You are strictly prohibited from utilizing or exploiting the Platform and/or any content or information/data provided therein for: (a) any commercial use without prior written consent of the Platform; and/or (b) engaging in any business activity competing with the business of the Platform.
  2. Using or attempting to use any automated software, system, or program, or any similar or equivalent process (such as robots, spiders, crawlers, browser extensions/ plug-ins /add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to gain access, search, navigate, monitor, scrape, copy, download, crawl or otherwise extract in any form, any data or content from the Platform.
  3. Modifying Platform services, and products or their appearance using any program or overlay any extra offering on top of Platform services, products or simulate Platform services, products, or its functions in any way whatsoever without explicit consent from the Platform.
  4. Gaining or seeking to gain unauthorized access (including hacking, password “mining” or any other means) to: (a) any feature or portion of the Platform or any of the products or services offered on or through the Platform which are not tailored and intended for You; (b) any platform, server, program, or computer systems of the Platform or any other third parties and/or Users.
  5. Accessing or seeking to access the Platform through interfaces other than those expressly provided by Platform.
  6. Breaching or attempting to breach any security or authentication measures set up by the Platform in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Platform’s system or network.
  7. Downloading (including bulk- downloading), Scraping, replicating, or otherwise extracting any data or information from the Platform (by any process, whether manual or automatic) to offer any services or products which are similar to or may in any way compete with the services or products of the Platform.
  8. Reverse engineering, disassembling, decompiling, deciphering or otherwise trying to do so or obtaining the source code for the Website or Application or any related technology or any part thereof.
  9. Circumventing or trying to circumvent and bypass any technological protections used or used by the Company or by any third party in order to protect the content, information, or data on the Platform and/or to prevent robots, spiders etc. from crawling and /or scraping content, information, data from the Platform.
  10. Interfering with or disrupting or trying to interfere with or disrupt (such as by using any software, device, or routine), the use of the Platform or any device networks connected to the Platform or Application, by any other User.
  11. Impersonating any other individual or entity or attempting any misrepresentation as to Your employment by or association with any person or entity.
  12. Forging headers or altering identifiers in any form in order to conceal or disguise the origin of any user information.
  13. Stalking, intimidating, or in any way harassing any other User.
  14. Attempting to impose a disproportionately or unreasonable large load on the Platform infrastructure.
  15. Engaging in “mirroring,” “framing,” or otherwise simulating the manifestation or function of the Platform (or any part thereof) and store deep links into this Platform (or any part thereof) without prior permission of Platform.
  16. Spamming the Platform or any other Users such as by uploading, emailing, posting, commenting, transmitting or otherwise provide either directly or indirectly, any unsolicited mass e-mail or unsolicited commercial e-mail.
  17. Using the Ask and Answer (FAQ) section not in compliance with these Terms and the Community Guidelines available at https://www.arday.com/ardayhelp/ArdayHelp/communityGuideline.
  18. Hosting, uploading, modifying, posting, transmitting, publishing, sharing, or distributing any material, content, or information that:
    1. Breaches any applicable local, national, or international law, ordinance, statute, rule, or regulation for the time being in force or effective.
    2. Belongs to another person/entity and to which You have no right.
    3. Violate, breaches or otherwise infringe the rights of the Platfrom or any third party, including any trademark, copyright, patent, rights of privacy or publicity or any other proprietary rights.
    4. have computer viruses, or other computer code, files or programs intended to destroy, disrupt, or interfere with or restrict the functioning of the Platform, or any other computer system or resource.
    5. Is extremely harmful invasive of another's privacy, harassing, disparaging, hateful, encouraging money laundering or gambling in any form, any content which is or may potentially be recognized as being harmful, abusive, harassing, threatening, defamatory, libelous, vulgar, blasphemous, pornographic, pedophilic, obscene, or ethnically, racially, or otherwise unlawful in any form whatsoever.
    6. Which forms or encourages conduct that would form a criminal offence, give rise to other liability, or otherwise breach applicable law.
    7. That misleads or deceives the recipient about the origin of such messages or contacts any information which is extremely offensive or menacing in nature.
    8. That harms minors in any manner.
    9. That harms or threatens the integrity, unity, security or sovereignty of Somalia, friendly relations with foreign countries, or public order or rises incitement to the commission of any cognizable and perceptible offence or restrains and prevents investigation of any crime or offence or is insulting to any other nation.

Restrictions Regarding Materials

All data, information, contents documents, text, software, images, photographs, services products, and other similar materials (collectively, "Materials") available in this Platform if provided by Arday.com or its third-party authors, vendors, and developers ("Third Party Providers") and are eligible of being so protected are the copyrighted work of Arday.com and/or the Third-Party Providers. Except as stated herein, none of the Materials may be reproduced, copied, distributed, downloaded, republished, displayed, posted, or transmitted by any means, or in any form including, but not limited to, recording, photocopying, or otherwise, without the prior express written permission of Arday.com or the Third-Party Provider. No part of the Platform, including graphics, logos, images, or sounds, may be reproduced, or retransmitted in any form, or by any means, without the prior express written permission of Arday.com. You also may not, Arday.com's prior express written permission, "mirror" any Materials provided on this Platform on any other server.

Nothing on this Platform should be interpreted as conferring any license under any of Arday.com's or any Third-Party Provider's intellectual property rights, whether by estoppels, implication, or else. You acknowledge full responsibility for obtaining any such licenses.

Permission is bestowed to display, copy, download, and distribute Arday.com’s Materials on this Platform provided that: (a) both the copyright alert identified below and this permission notice appear in the Materials, (b) the use of such Materials is merely for non-commercial and informational use and will not be copied or posted on any networked device or broadcast in any media, and (3) no modifications or alterations of any of the Materials are made. This permission automatically terminates without notice if you violate any of these Terms. Upon termination, you will have to immediately destroy any downloaded or copied Materials. Any unauthorized use of such Materials contained on this Platform may breach copyright laws, trademark laws, and other concerned laws and may have legal consequences.

Materials provided by Third-Party Providers have not been separately authenticated in whole or in part by Arday.com. The Platform does not provide, license, sell, or lease any of the Materials other than those particularly identified as being provided by Arday.com. Arday.com is fully committed to respecting others' intellectual property rights, and we request our users to do the same. Arday.com (hereinafter referred to as "We") may, in its sole discretion, restrict or terminate the access rights of users who contravene or otherwise violate others' intellectual property rights.

 

Disclaimer for sites that we link to

We use our best effort to ensure that:

  • the websites/applications we opt for inclusion in the Platform work and remain working properly.
  • Their content will remain useful and acceptable; and
  • Their operation will not harm our users' devices.

We explicitly disclaim, and will not accept or acknowledge any responsibility for any of the following towards the sites that we link to:

  • Infections by device viruses
  • harm caused by downloaded software.
  • Technical issues or failures, and speed of operation.
  • Libelous or illegal contents or materials
  • The truth or quality of any content or material, or advice that is provided. 

Privacy

The Privacy Policy of the Platform describes how we use Your personal data, we will at all times esteem and ensure compliance with the privacy policy, moreover, various settings are provided to assist You to be able to control the way in which others may be able to find Your data as chosen by You to be shown on Your profile and the way in which You may have chosen to be communicated. Any feedback given by a user shall be regarded as non-confidential to the user. For more information, please refer to the privacy policy and cookies policy

NOTE: Terms of conditions specific for educational institutions/colleges etc. (as applicable)

You will adhere to all applicable data protection laws in relation to the use of personal data; and not use personal data in an unlawful way with regard to predefined purposes as demonstrated in the privacy policy and these terms and conditions.

  • You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.
  • You agree to provide legitimate assistance as is required to facilitate the handling of any kind of Data Security Breach (as applicable under GDPR or any other privacy law) in a prompt and compliant manner.
  • You accept that the responsibility for complying with a data subject request rests with the Party which holds/processes the Personal Data gathered/shared.
  • You explicitly warrant and declare that the institution shall not reveal, disclose, or transfer Personal Data received from the platform (arday.com| to any sub-processors without ensuring that sufficient and adequate safeguards to the Personal Data.
  • You shall preserve or process shared Personal Data/information for no longer than is necessary to fulfill the agreed purposes.
  • Platform (arday.com) and the educational institutions etc. (as applicable) would serve/act as independent controllers in their respective role/capacity. For more information, please visit the data protection amendment.

Payment terms

YOU ARE REQUESTED TO FULFILL YOUR PAYMENT OBLIGATIONS TO THE PLATFROM.

Payments for the services and products provided by the Platform shall be on a 100% in advance payment basis. The payment for a service or product once subscribed to by you or your representative is not refundable, and any amount paid shall be considered appropriate. A refund, if any, will be solely at the discretion of the platform (arday.com).

The user hereby irrevocably agrees to receive the billing statement as soft copy through emails.

Nevertheless, anything contained in any other contract, agreement or arrangement, by any name called, the performance obligation of the platform arday.com (service provider) is to grant access of its on-line portal to you for the duration of the subscription period time & reference to any utilization, by whatever name referred to or any other performance obligation, if any, is to grant the upper limit for usage, which by itself, does not create any further performance obligation upon the platform (arday.com).

The platform offers no assurances whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.

In the case of any suspension or termination of services on account, in relation of non-compliance of these Terms and Conditions and, any payment made to the platform (arday.com) by you shall be considered forfeited with immediate effect.

The User acknowledges and consents that Platform (arday.com), at its sole discretion and without bias to other rights and remedies that it may have under the relevant applicable laws, shall be permitted to set off any excess paid by a user/subscriber against any amount(s) payable by User to platform under any other contract/agreement or commercial relationship towards other products/services. The platform (arday.com) provides no guarantees of server uptime or applications working properly. All is on a best endeavor basis and liability is restricted to refund of amount only.

Users purchasing the products online are redirected to third party payment gateways for completing transactions. These payment transactions happen on third party networks and hence are not controlled by platform (arday.com).

A User through his user identification shall be solely responsible for processing any online or off-line payment transaction involving credit/debit cards or similar forms of payment instruments or documents for conducting such transactions and platform (arday.com) holds no responsibility or legal liability for their improper usage of information in relation to such usage of credit/debit cards used by the user/subscriber online/off-line.

The platform shall not be liable for any damage or loss suffered due to any disclosure (inadvertent or otherwise) of any data/information related to the user's account and / or date/information relating to or considered online payment transactions using credit/debit cards and/or their verification process and particular details nor for any error, omission, negligence, or inaccuracy regarding to any data/information so disclosed and utilized whether or not in pursuance of a legal proceedings or otherwise.

Disclaimer of warranty

The platform (arday.com) explicitly disclaims warranties of any kind for any usage of or any access to the Platform, to any content, data/information, links, or contents provided on the webpages at the Platform, to any third-party website linked thereto, and to any third-party content, data/information, links, or content linked thereto. The Platform, and any content, data/information, links, and content provided on the webpages at the Platform, as well as any third-party website and any third-party content, data/information, links, and content linked thereto, are provided on an "as is" basis, without guarantee of any kind, either explicit or implicit, including, without limitation, the implicit warranties of merchantability or suitability for a particular purpose, or non-violation. The platform doesn’t govern any third-party websites or over any third-party content, data/information, links, and content connected to the Platform. Some specific jurisdictions do not authorize the exception of implicit warranties and the forgoing exceptions of implicit warranties might not be applicable to You. The Platform (arday.com) and its internal webpages may be inaccessible online from time to time and at any time; there are no guarantees and no warranties of online availability, views, impressions, and click-throughs. The entire risk as to the proper performance of, or improper performance of, or resulting from the usage of, or the access of, or the lack of access to the Platform (arday.com), to any content, data/information, links, or content presented on the webpages at the Platform, to any third-party website linked thereto, or to any third-party content, data/information, links, or content linked thereto, is carried by the user, customer, visitor, or other person.

Content and liability disclaimer

Platform as defined in the IT industry, is an intermediary online-based entity used to host an application, product or service and connect with interested consumers.

Platform (Arday.com) shall not be liable for any omissions or errors contained on any partner website and retains the right and authority to make alterations anytime without notice. References to not affiliated with Arday.com products or services is provided for informational purposes only and constitutes neither a recommendation not an endorsement by the Platform. All information from the Platform and third parties provided on any other Platform is provided on an "as is" basis.

Views expressed and shared by the users are their own, Arday.com does not support or endorse the same. No claim as to the accuracy and precision of the information on the site is made although every attempt is made to confirm that the content is not deceptive and misleading. In case any error and inaccuracy are, or otherwise improper content or material is sighted on the Platform (Arday.com), please report it to notify misuse.

This Platform (Arday.com) could include unintentional typos, or typographical errors. Arday.com and the third-party providers may make enhancements and/or updates in the services, products, programs, and prices described in the Platform (Arday.com) at any time without prior notice. Adjustments, remodeling, and Alterations are periodically made to the Platform (Arday.com).

The information, links, and contents presented on and by this Platform (Arday.com) is solely of a general nature and is not intended to address the specific situations, circumstances, demands, or any other interests of any specific individual or entity. It cannot be guaranteed that the information, links, and contents provided on and by this Platform (Arday.com) is exclusive, complete, precise, sufficient, timely, or up to date for any particular purpose or use. The material, links, information, and contents presented on and by this Platform (Arday.com) should not be considered as professional, legal, commercial, investment, or purchasing guidance (if You require specific advice, you should always seek it from a suitably qualified expert). This Platform is sometimes linked to third-part Platforms over which the Platform (Arday.com) has no control and take no responsibility and are in no way serving as a publisher of material, content, information, links, and contained on third-party linked websites. Links may become void/invalid, may expire, or may become misdirected at any moment. Links are offered for convenience and do not necessarily constitute, signify, or otherwise imply an approval by, or an approval for, or a relationship with, or connection to the Platform. The statements expressed on third-party linked websites are not those of the Platform; and users are advised that the Platform does not maintain editorial control over third-party linked websites or decide the appropriateness regarding the material, content, information, and links contained on third-party linked websites. The Platform has no authority over any third-party website or over any third-party material, information, links, and content linked to the Platform (Arday.com).

License disclaimer

Nothing on any Arday.com website shall be interpreted as conferring any license/permission under any of the Platform's or any third-party's intellectual property rights, whether by implication, estoppel, or otherwise.

ARDAY.COM DISCLAIMS ALL GUARANTEES, EXPRESSED OR IMPLIED, WITH RELATION TO ANY INFORMATION (INCLUDING ANY PRODUCTS, SERVICES, OR SOFTWARE) PROVIDED ON ANY ARDAY.COM PLATFORM WEBPAGES, INCLUDING THE IMPLIED GUARANTEES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT.

Disclaimer of online availability, impressions, and click-through.

Beside the other disclaimers and restrictions discussed in this notice, there are no assurance or guarantees and/warranties regarding online availability, impressions, and click-through of the Platform, its web pages, the Application and any content, material, information, links provided on the webpages that may be accessible through the Platform (Arday.com). Platform retains the right although it is under no legal obligation to ensure that advertising sponsors and advertising must be endorsed by the Platform (Arday.com) before the posting of any advertising material, information, content, links, graphics, banners and on the Platform, however, the same might be reported by contacting us. Any such advertising should be associated to interactive digital television and related subject areas. The Platform (Arday.com) retains the right to approve or to decline any advertising sponsor or any advertisement for any reason.

Ordering and Purchasing Disclaimer

MAKE YOUR OWN JUDGEMENT: If You are planning to make any decision, be personal or business decision, based on the content on the Platform (Arday.com), You should do an independent verification before making any significant decision. In the case of any listings, advertisements or banners showing any content in relation to any educational products, you may directly reach out to the institution/individual. All decisions made would be entirely at your discretion and Platform does not claim to provide any advice, either legal or financial. The Platform doesn't take any ownership, directly or indirectly towards any individual whatsoever, with respect to advertising banners hosted on its Platform by its users/customers, which are accurately in the nature of space-selling of by the Platform & it has not conducted any independent verification on the validity or compliance requirements, as may have been demanded under any law for the time being in force, of such banners/ listings./images

 

REVIEW THESE TERMS: IN PURCHASING/SUBSCRIBING TO A SERVICE/PRODUCT PROVIDED ON THIS PLATFORM (ARDAY.COM) YOU ARE ADVISED TO CAREFULLY READ THESE TERMS BEFORE PROCEEDING FURTHER. YOU HEREBY ACKNOWLEDGE AND CONSENT TO THE TERMS BELOW. IF YOU DO NOT UNDERSTAND AND ACCEPT THESE TERMS THEN DO NOT PLACE AN ORDER FOR A SERVICE/ PRODUCT.

 

PRICING: PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURATE AND REASONABLE PRICING OF THE SERVICES/PRODUCTS FEATURED ON OUR PLATFORM. IN THE EVENT A PART, COMPONENT OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED, YOU WILL BE NOTIFIED PRIOR TO PROCESSING YOUR PURCHASE.

 

PURCHASE "AS IS.": ALL SERVICES/PRODUCTS ARE PROVIDED BY THE PLATFORM ON "AS IS" BASIS WITHOUT ANY PROMISES OR WARRANTIES OF ANY KIND FROM THE PLATFORM, INCLUDING WITHOUT LIMITATION NO GUARENTEES/WARRANTIES AS TO THE NATURE/TYPE AND QUANTUM OF RESPONSES TO ANY ADVERTISING BANNER OR LISTING DISPLAYED ON THE PLATFORM.

 

Your Obligations And Damage Limitations.

YOU HAVE SOLE OBLIGATIONS FOR USE OF THE SERVICES/PRODUCTS YOU ACQUIRE THROUGH THIS PLATFORM. IN NO EVENT SHALL ARDAY.COM BE LIABLE TO YOU REGARDING TO THE SERVICES/PRODUCTS, OR YOUR USE, MISUSE OR FAILURE TO USE THE PRODUCTS, FOR ANY (1) INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED LOSS OF BUSINESS, PROFITS, REVENUE, USAGE, DATA/INFORMATION OR OTHER FINANCIAL BENEFITS); OR (2) DIRECT HARM IN EXCESS OF THE AMOUNT YOU PAID TO THE PLATFROM (ARDAY.COM) FOR THE APPLICABLE SERVICE/PRODUCT.

 

Indemnification

BY ACKNOWLEDGING AND ACCEPTING THESE TERMS AND CONDITIONS, YOU CONSENT TO INDEMNIFY AND OTHERWISE HOLD HARMLESS THE PLATFORM, ITS DIRECTORS, REPRESENTATIVES, EMPLOYERS, AGENTS, BRANCHES, AFFILIATES AND OTHER ASSOCIATES FROM ALL FORMS OF DIRECT, INDIRECT, INCIDENTAL, SPECIFICS, CONSEQUENTIAL OR EXEMPLARY HARMS STEMMING FROM, RELATING TO, OR DUE TO FROM YOUR USAGE OF THE PLATFORM (ARDAY.COM) INCLUDING BUT NOT LIMITED TO DATA PROVIDED BY YOU OR ANY OTHER MATTER IN RELATION TO THE PLATFORM (ARDAY.COM)

Limitation of liability

Under no condition, circumstances and under no legal foundation, be it tort, contract, or otherwise shall the Platform (Arday.com) be liable, without restriction, for any form of damage, encompassing direct, indirect, incidental, consequential or penal damage, resulting from any access to or any usage of or any failure to access or use this Platform including any material, data, information, links, and content obtained via this Platform (Arday.com) or through any linked third-party websites/applications.

Unless explicitly stated and notwithstanding any provisions in any other contract or arrangement, by whatever name called, the performance obligation of the Platform (Arday.com) as a service provider; is to grant access of its online portal to the user for the duration of the subscription time & reference to any use, by whatever name called or any other performance obligation, if any, is to grant the upper limit for consumption, which by itself, does not impose any additional performance obligation upon the Platform (Arday.com).

Access Termination/Suspension

The Platform (Arday.com) may, without prior notice on its sole discretion, and at any time, restricts or terminates Your usage or access to the Platform (or any part thereof) for any reason, including but not limited to, that the Platform (Arday.com) based on its judgement and understanding You have violated or acted in contradiction to the letter or essence of these Terms and Conditions.

Miscellaneous

AMENDMENT TO THESE TERMS

COMPANY RETAINS ITS RIGHT/AUTHORITY TO MODIFY/AMEND ALTER OR CHANGE ALL OR ANY PART OF DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY MOMENT WITHOUT ANY PRIOR NOTICE.

Ecosystems, Businesses, and technology evolve and transform and in order to adapt the evolving dynamics of the environment in which we operate as well to supply for any additional features that might be implemented in future, these Terms may require updates, and enhancements. Such updates or enhancements shall be effective immediately upon posting of the updated Terms and Conditions on the Platform (Arday.com).

You are recommended to review periodically the updated Terms and Conditions to be aware of such updates or enhancements and your continued use or access of the Platform (Arday.com), will be considered definitive evidence of your acceptance of these Terms and Conditions, as updated/enhanced from time to time.

DISPUTE SETTLEMENT

Should a dispute emerge between user/users and the Platform (Arday.com) arising out of usage of the Platform or thereafter, in relation with the validity, interpretation, execution or alleged violation of any provision of these Terms, such dispute shall be referred to a sole arbitrator who shall be a neutral third-party identified by the Platform (Arday.com). The arbitration’s ruling decision shall be conclusive and obligatory for both parties to the dispute. The place of arbitration shall be Mogadishu, Somalia. 

 

The Platform will not participate in any legal proceedings between a User (e.g. a subscriber) and a party engaged through the platform. In case the Platform is implicated in any legal actions/proceedings, expenses will be recovered and compensated from the party on whose behest the Platform (Arday.com) is involved in the case, over which it otherwise has no control or influence. However, the Platform will adhere to any court order properly served upon it through due process.

LOCAL RULES AND REGULATIONS   

Your obligation includes compliance with applicable local regulations/laws including without limitation, to the import and export rules and regulations of other countries, while accessing the information and acquiring the services available through the Platform (Arday.com).

JURISDICTION AND APPLICATION LAW 

These Terms shall be governed by the jurisdiction and laws of The Federal Republic of Somalia. The exclusive judiciary for any disputes arising out of or in concern to these Terms shall be a court of law located in Mogadishu, Somalia.

ENTIRE AGREEMENT

These Terms and Conditions, as updated from time to time, form the entire agreement between You and the Platform regarding the Platform (Arday.com). These Terms and Conditions supersede all terms and conditions found in any purchase orders, acknowledgement forms, invoices or other business documents submitted by You.

No publications, brochures, catalogues, advertisements, or any other forms of communication or statements, regardless of being written or oral format, in relation to the performance of the Platform permitted under these Terms shall form part of these Terms.

 

SEVERABILITY

VOID PROVISIONS AND CLAUSES SHALL HAVE NO EFFECT/IMPACT ON THE VALIDITY AND ENFORCEABILITY OF OTHER SECTIONS OF THESE TERMS AND CONDITIONS

 

If any clauses or provisions of these Terms and Conditions are deemed to be invalid or unenforceable by a court law of competent jurisdiction, such clauses and provisions will be amended and construed so as to optimally achieve the objectives of the original related clause/provision to the fullest extent permitted by law and the other clauses and provisions of these Terms shall remain to be fully effective and in force.

 

ASSIGNMENT AND DELEGATION

You are prohibited from transferring or delegating Your rights under these Terms and Conditions or the limited license that has been granted to You, and any assignment, transfer and/or delegation of these Terms and Conditions or any sub licensing by You will be entirely null and void, should any case/situation of this type brought to our notice alongside any other legal remedies that we may possess under the law, we reserve our legal rights to claim compensation on the damage and pursue an injunction against You.

 

AVAILABILITY OF SERVICES

Services are offered on a best-efforts basis on an AS IS and AS AVAILABLE basis, all is on a utmost efforts basis, nonetheless, there are no server uptime guarantees/warrantees.

 

Any rules, regulations, guidelines, laws, legislations or legal orders of a court or a quasi-judicial body may necessitate us to modify, alter or stop our services on the platform (Arday.com). Similarly, any force majeure damage which is beyond our reasonable control, may lead to an interruption in the services/products provided on the platform.

 

DATA PROTECTION AMENDMENT

In accordance with the General Data Protection Regulation, the following obligations are drafted which will be legally applicable to both the parties.

  1. DEFINITIONS

For the purposes of the clauses:

  • “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
  • The “data exporter” refers to the controller who transfers the personal data.
  • The “data importer” refers to the controller who accepts to receive personal data from the data exporter for further processing in accordance with the terms of these provisions and who is not governed to any third country’s system ensuring sufficient protection.
  • “Clauses” shall refer to these contractual provisions, which are an independent document not including commercial business terms set by the parties under separate commercial agreements/arrangements.
  • “Data Protection Legislation” refers to the GDPR for as long as it is directly legally applicable in the European Union and any/all national implementing laws, rules, regulations, and secondary legislation, as revised, modified, or updated from time to time, in Somalia, and then any following/successor legislation.
  • “Data Subject” refers to a data subject according to the Data Protection Legislation.
  • “Personal Data” refers to personal data according to the Data Protection Legislation.
  • Note: The terms “data exporters” and “data importers” are carefully and precisely for use within the context of this amendment which should only be interpreted as stated above, and do not carry the same definition as under any other regulations.

 

  1. OBLIGATIONS OF THE DATA EXPORTER

The data exporter warrants and assumes that:

  1. The personal data/information was collected, processed, and shared in regard with the applicable laws relevant to the data exporter.
  2. It has made reasonable efforts to ascertain that the data importer is capable of satisfying its legal duties/obligations under these clauses/provisions.
  3. Upon request, it will supply the data importer with copies of applicable data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is founded.
  1. OBLIGATIONS OF THE DATA IMPORTER

The data importer warrants and assumes that:

  1. It will implement appropriate technical and organizational protection measures to safeguard the personal data against unexpected or unlawful destruction or accidental loss, alteration, illegal disclosure, or access, and which ensures a level of security fitting to the risk addressed by the processing and the type of the data to be protected.
  2. It will have in place appropriate protocol so that any authorized third party that has access to the personal data/information, including processors, will ensure and maintain the security and confidentiality of the personal data/information. Any person under the authority of the data importer, such as a data processor, shall be legally obligated to use the personal data/information only as instructions from the data importer. This clause does not apply to persons legally authorized or required to have access to personal data/information.
  3. It has no reason to believe, upon agreeing to these clauses/provisions, in the existence of any local laws that would have a substantial adverse impact/effect on the guara​ntees/warrantees provided for under these provisions/clauses, and it will notice the data exporter (which will convey such notification on to the authority when required) if it becomes aware of any such laws and regulations.
  4. It will conduct the personal data/information for purposes illustrated in the privacy policy and terms and conditions and has the legal authority to provide the warranties and fulfil the undertakings offered in these clauses.
  5. It will designate to the data exporter an authorized contact point within its organization to reply to enquiries related to processing of the personal data/information and will in good faith engage with the data exporter, the data subject and the legal authority in relation to all such enquiries within a legitimate time.
  6. It will not disclose or share personal data with a third-party data controller without ensuring a sufficient and adequate safeguard to the Personal Data.
  1. LAW APPLICABLE TO THE CLAUSES

These provisions and clauses shall be regulated by the law of the country in which the data exporter is founded.

 

  1. RESOLUTION OF DISPUTES WITH DATA SUBJECTS OR THE AUTHORITY

Should a dispute or claim brought by a data subject or the legal authority regarding the conducting of the personal data/information against either or both of the parties, the parties will regularly notify each other about any claims or disputes and will conduct with a view to resolve them amicably in a timely manner.

Both parties agree to respond to any non-binding mediation available proceedings commenced by a data subject or by the authority. If they do conduct in the proceedings, the parties may opt to do so remotely (such as by phone or other electronic means). The parties also agree to consider conducting in any other mediation, arbitration, or other dispute resolution proceedings designed for data protection disputes.

Each party shall comply by a decision of a relevant court of the data exporter’s country of establishment or of the legal authority which is final and against which no appeal is possible.

  1. TERMINATION
  1. In the event, such that the data importer is in violation of its legal undertakings under these provisions, then the data exporter may provisionally suspend the transfer of personal data to the data importer until the violation is resolved or the agreement is terminated.
  2. In the event that:
    1. the transfer of personal data to the data importer has been provisionally suspended by the data exporter for more than one month according to paragraph (a);
    2. compliance by the data importer with these clauses would put it in violation of its regulatory obligations in the country of import.
    3. The data importer is in persistent breach of any warranties or obligations given by it under these clauses.
    4. A conclusive decision against which no further appeal is possible of a relevant court of the data exporter’s country of establishment or of the legal authority rules that there has been a violation of the provisions/clauses by the data importer or the data exporter; or
    5. a petition is filed for the administration or dissolution of the data importer, regardless of individual or business capacity, which petition is not declined within the applicable time for such dismissal as per relevant law; an order for liquidation is made; a receiver is designated over any of its properties; a bankruptcy trustee is appointed, if the data importer is a person; it initiates a voluntary arrangement for the platform; or any similar event in any jurisdiction occurs.

Subsequently, the data exporter, without undermining any other legal rights which it may have against the data importer, shall be authorized to terminate these clauses, in which case the relevant authority shall be notified as necessary. In cases outlined by (i), (ii), or (iv) above the data importer may also be allowed to terminate these clauses.

  1. Either party has the right to terminate these clauses if 
    1. positive adequacy decision any the Commission under Article 25(6) of Directive 95/46/EC (or any superseding text) is made in relation to the country (or a sector thereof) to which the data is processed and transferred by the data importer, or 
    2. Directive 95/46/EC (or any superseding text) becomes directly and legally applicable in such a country.
  2. The parties accept that the termination of these provision at any time, under any circumstances and for any reason (except for termination under clause VI(c)) does not exempt them from the legal obligations and/or conditions stipulated in the clauses concerning the processing of the individual data transferred.

 

  1. OVERVIEW OF THE TRANSFER

The specifics of the transfer and of the personal data/information are detailed in Privacy policy and terms and conditions.

 

How You May Reach Us:

YOU MAY REACH US BY SENDING EMAIL TO: privacy@arday.com

In case of any Complaint regarding any content on the Platform (Arday.com) please use the email mentioned above and state your grievances.

Address: Mogadishu, Somalia.

Arday.com - COMING SOON

Arday.com - COMING SOON

MAREEG WAXBARASHO OO KULMISA ARDAY & BARE.

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