Destination Dev, Inc - Terms and Conditions and Deposit Agreement

 

These Terms and Conditions apply to all participants in the Program. By paying the Program Fee or the Deposit, you are entering into this Agreement.
 

We have tried to make this Agreement easier to read and understand by adding headings to the various sections. These headings have been inserted for convenience only and do not affect the legal construction or interpretation of this Agreement.
 

Definitions Within this Agreement;
 

“you” or “your” means the program participant.

“we”, “us” “our” or “Company” means Destination Dev, Inc, a corporation registered

with the State of Delaware.
 

Agreement means the contractually binding agreement made between us and you that is made up of the application form and the terms and conditions set out in this document.

Commencement Date means the date, agreed upon with you in advance, that the Program begins.
 

Deposit means the part of the Program Fee that must be paid by you in order to secure your place on the Program prior to payment of the balance of the Program Fee, such balance being payable in accordance with clause 3 below.
 

Participant means a participant on the Program and Participants means all and any Participant.
 

Program means any course or bootcamp project offered by Destination Dev, Inc.

Program Fee means the sum of the Deposit and the remaining balance, payable by you to us in accordance with Section 3 below.
 

Destination Dev means the group responsible of running the Program.

 

1. Our Undertakings
 

In return for receipt of the Program fee, we will undertake the following:

 

(a) to provide you with a coding Program;

 

(b) to provide furnished accommodation that meets the following minimum standards:

 

1. a shared bedroom;

2. with a bed in your bedroom;

3. with a locker or storage space in your bedroom;

4. with basic facilities for cooking and for the hygienic storage of food;

5. with adequate shared bathrooms, toilets and shower facilities;

6. with bed sheets;

7. with gas, electricity and water, for which we will cover the payment of bills;

8. for the duration of your Program. If you wish to stay in the accommodation for a

longer period, before or after your Program, we can attempt to arrange this for

you. However, we cannot guarantee any accommodation outside of the period of

your Program, and the cost of any such accommodation is entirely your

Responsibility.

 

(c) to provide you with a transfer, at a time agreed between us, from the closest

international airport to your accommodation on your arrival, prior to your commencement on the Program;

 

(d) to provide contact details of local staff in case of any difficulties or problems experienced and to facilitate emergency support if necessary;

 

(e) to provide an induction and welcome talk upon your arrival.

 

(f) to provide you with visa assistance where necessary and to the best of our abilities.

 

(g) to provide you with information and tools to enhance your professional development.

 

(h) to organize social events, for you and the other participants, at your destination.

For the avoidance of doubt, we will only be responsible for and are only bound to provide the services and matters set out in Section 1 above.
 

2. Suitability of Participants

 

We retain all rights to reject the application of any person we deem unsuitable for our Program, at our own discretion.
 

 

3. Deposit and Program Fee
 

(a) Your initial deposit (“Initial Deposit”) is $1,000 US Dollars (abbreviated as USD or $) and it is non-refundable. The Deposit is necessary to hold your spot in the class, and has to be paid within 7 days after being accepted into the Program.
 

(b) Upon payment of your Initial Deposit, you agree to fully cooperate with Destination Dev, Inc and complete all pre-arrival material necessary to succeed in the Program. You also agree to cooperate in all matters regarding housing, and logistics and will keep an open communication in case we need to reach out to you prior to your landing to the city where you are participating in the Program.
 

(c) Full cost of the Program must be paid. This can be done in one payment, or in multiple payments, but all payments must add up to the full amount up to four weeks prior to the starting date of the Program. Failure to pay in full for the Program will result in not being accepted to participate in the Program and/or receiving any of the services we offer, and you will lose your $1,000 USD non-refundable Initial Deposit.
 

(d) You are responsible for covering all and any charges imposed by financial institutions, including PayPal fees, foreign transaction fees, and wire transfer fees. This applies to your Deposit, Program Fee and any other transfer to us. If you underpay your Deposit due to such charges, you will make up the balance when you pay the Program Fee. If you underpay by less than 75 USD (or equivalent), we will collect it from you at

the Program destination after you have arrived. If you underpay by more than 75 USD (or equivalent), you must make another payment before arrival. If you overpay by more than 50 USD (or equivalent), we will refund the overpayment amount to you according to our normal procedures. If you overpay by less than 50 USD (or equivalent), no refund will be given due to the administrative costs involved.
 

(e) Some participants may be eligible for a discounted Program Fee – for example, students enrolled in a university with whom Destination: Dev has a formal relationship, as well as chosen Destination Dev ambassadors. If a participant is eligible for more than one discount, then Destination: Dev has the sole power and discretion to decide how or whether the discounts may be combined, or if only one discount may be applied.


 


 

4. Request to Cancel, Vary Participation on the Program and Refunds
 

(a) If you wish to withdraw from the Program at any time, then this must be done via a written request. For the avoidance of doubt, such a written request can be made by email.
 

(b) The Deposit, and all subsequent Program Fees paid, are not refundable if you withdraw from the Program for any reason. This includes withdrawal for medical, personal, family, academic, financial, and all other reasons.
 

(c) If you withdraw from the Program for any reason within four weeks from the start date of the Program, Destination Dev, Inc is entitled to 100% of your Initial Deposit and 100% of the Program Fee, and any subsequent payment(s).
 

(d) If you want to change the date of your participation in the Program within four weeks of the Program beginning, you may, but a change fee of $1000 USD will be charged. For example, if you decide you do not want to do the Winter Bootcamp and want to do the Summer Bootcamp instead, you can do so but will incur a $1000 USD fee. We

reserve the right to refuse the change request or to apply an additional charge which will be determined at our sole discretion.
 

(e) If, for whatever reason, we have to cancel your participation in the Program, prior to your commencement date, a full refund of the Program Fee (for the avoidance of doubt this includes the Initial Deposit) will be given to you. A full refund will be issued only if the cancellation is for reasons which are in no way whatsoever attributable to you. No compensation can be given for any other costs incurred in relation to the Program.
 

(f) In the event that you are refused an appropriate visa or suitable alternative by the Local Authorities, a full refund of the Program Fee and the Initial Deposit will be paid if; (1) you filled out all and any visa forms correctly, and (2) completed all steps in the required visa process correctly and on time. No compensation can be given for cancellation of flights or any other costs whatsoever incurred by you. No refund of Deposit and/or Program Fee will be offered if your tardiness or lack of due diligence in completing the necessary visa requirements leads to start dates being delayed and your Program being cancelled.
 

(g) All refunds are paid via bank transfer. You agree to supply Destination Dev with any such information it may request to effectuate a refund.
 

(h) We do not withhold any processing fee or service charge from refunds. However, the refund amount you receive may be less than you expected, due to fees or charges imposed by your bank or by other intermediary financial institutions. We have no control over this and cannot cover or reimburse these fees.
 

(i) Any refund must be initiated within 6 months after the Program start date selected by the participant. After this date, refunds are made solely at our discretion.
 

5. Website and Promotional Material
 

(a) The content and information displayed on our website and other promotional material is believed to be valid and correct but we will not be held liable and do not take responsibility for any misinformation or ambiguities in the content. Prices are subject to change without notice and you will be liable for additional amounts owed due to price changes unless your Deposit has already been submitted.
 

(b) We reserve the right to take your photograph, or video footage of you, for use in our promotional material. We do not make any payments to individuals in respect of such use. We may (but are not obliged to) reproduce the photographs (or part of them) in our promotional material including, without limitation, posters, advertisements, printed publications, on our website and social media website pages. Copyright in the photographs will belong to Destination Dev, Inc. By agreeing to these terms and conditions, you consent for your photographic data to be used for our promotional purposes.
 

6. The Format of the Program
 

We reserve the right to change our suppliers and the format of our Program as and when necessary, however we will endeavor to provide as similar a Program as possible at all times.
 

7. Liability for Losses and Program Changes
 

(a) We cannot accept any responsibility or liability for loss of or damage to your passport or any other personal property at any part of the visa process, during transit or during registration with the Local authorities.

 

(b) We cannot accept any responsibility or liability for Program changes or Program cancellations under any of the following circumstances; war or threat of war; terrorism or threat of terrorism; fire; sickness; environmental or climate concerns; acts of

government or local authority; or, any other event or circumstance which amounts to a “force majeure” and in such cases no refund or compensation for any loss will be given to you unless otherwise decided at our sole discretion.

 

8. Your Responsibility

 

(a) It is your responsibility to be aware of any national holidays or other events that may change the nature of the Program.

 

(b) International flights are not included in the cost of any of our Programs. It is your sole responsibility to arrange flights and insurance and to select providers based on your own decisions and experiences. We cannot be held responsible for any action, negligence or event relating to the purchase or operation of flight tickets or flights. We will also not be responsible for any costs or refunds due to changes or delays in flights.

 

9. Experiencing Problems

 

(a) Destination Dev, Inc wants you to enjoy a worry-free Program. Should you experience any problems while participating in our Program, you must immediately inform us in writing (by email or post), with a clear explanation of the problem. In such an event, we will discuss the problem with you and will discuss ways in which the problem can be solved. We are not responsible for any conversations or anything that is said unless it is recorded in the written form either by email or by letter.

 

(b) You agree to discuss any problems with our staff and we will try our best to find a solution. If Destination Dev, Inc wishes to terminate your participation in the Program prior to the end of the stated time for any reason (for example as a result of your inadequate or unhelpful participation or prolonged or repeated absence), you understand that no refund of fees will be given in this situation and we are under no obligation to provide any compensation to you.

 

(c) If you wish to terminate your placement prior to the end of the time stated in the contract for any reason you must provide us with written notice, clearly stating the reasons for such a decision. You agree that no refund of the Program Fee or any other fees will be made in this situation.

 

(d) If you should deem the accommodation which has been provided to you to be unsuitable, Destination Dev, Inc must be notified within 48 hours of the start of your first day in that accommodation in order for remedies to be made. Any complaints about the unsuitability of accommodation arising 48 hours after the start of your first day in that accommodation will be dealt with at the discretion of Destination Dev, Inc.

 

(e) Destination Dev, Inc cannot be held responsible for any complaints arising from issues outside of the specifications made in Section (1)(b), this includes, without limitation, relations with other inhabitants of the apartment/home-stay, relations with your neighbors, and relations with other colleagues or managers in your program.

 

10. Safety

 

(a) We, our affiliate agencies, suppliers and members of staff cannot be held responsible for any case of injury, accident, claim, theft, damage, sickness, cancellation or loss, in relation to our/their services.

 

(b) You are responsible for your own safety during the trip and neither we, nor the assigned Program teacher, take responsibility nor can be held liable for any accident, sickness, loss, damage, expense or hazard encountered throughout the Program.

 

(c) You will be held responsible and liable for any damages during your participation in the Program. It is your sole responsibility to ensure you purchase personal liability insurance prior to the Commencement Date.

 

11. Complying with Rules, Local Laws and Acting Responsibly

 

(a) If you do not comply with the rules of our Program, or the laws of the destination to which you go, then we may release you from the Program. In these cases, no refund will be given and you will be required to leave the provided accommodation within two days of being informed by us. This includes cases in which the we ask you to leave due to misconduct.

 

(b) You will take full responsibility for your conduct at all times during the Program. You will not act irresponsibly nor will you break the law of the country to which you go. You will not put yourself or others in dangerous situations. If you do any of the above you will be responsible for the consequences.

 

(c) We reserve the right to expel, at our sole discretion, any Participant from the Program for reasons including but not limited to: breaking the law; bullying or harassment of other Participants; anti-social or unreasonable behavior or unfit conduct towards other group members, our representatives, our suppliers’/affiliate agencies’ representatives or the assigned provider or excessive absence from work. Whether a Participant has acted in any of the ways set out above will be determined by us in our sole discretion. In such instances, we retain the right to immediately remove the Participant from his or her accommodation and cancel their participation in the Program, with no refund issued.

 

12. Third Party Behavior or Actions

 

(a) We take no responsibility and are not liable for any third-party behavior or actions including but not limited to that of the accommodation provider. We take no responsibility and are not liable for any accidents that take place at any third-party locations including but not limited to the premises of where we will be hosting the Program and the designated accommodation. It is your responsibility to ensure you purchase personal liability insurance prior to the Commencement Date.

 

(b) We reserve the right to make charges for any missing or damaged items or for any additional cleaning or repair charges to accommodation that may be incurred during the Program. You agree to pay these charges in full to us within 7 days of finishing the Program.

 

13. Guests Prohibited

 

(a) You are not allowed to have guests to stay over in your shared accommodations. In the event that guests stay in the shared accommodation without consent, you may be required to leave the provided accommodation within 48 hours of being informed by us.

 

14. Insurance

 

(a) You are responsible for ensuring that you have purchased full, comprehensive insurance prior to departure, which will cover you for the duration of your participation in the Program, and which includes but is not limited to travel, health, medical and accident insurance.

 

(b) Even if you have insurance coverage through another party, such as your university or your visa sponsor, you are responsible for ensuring that the coverage is sufficient. If you have any doubts or questions about your insurance, please contact us.

 

(c) You must bring all relevant insurance documents with you to the country in which you are placed.

 

15. Housing Security Deposits

 

(a) Please note that in some cases a security deposit could be required by our housing provider. They will request this on arrival and will fully reimburse you at the end of the program assuming there are no damages to your room. The security deposit is subject to change and at the discretion of the housing provider.

 

16. Workload

 

(a) We are not responsible for the workload that the Program might generate for you. Everyone comes with different levels of preparations and learn at different speeds. If you believe that you are not being able to keep up with the program you should discuss the problem with us and we will endeavor to resolve the issue accordingly.

 

17. Notifications You Must Make

 

(a) You must inform us if you have an infectious disease, mental illness, or a criminal record, as any of these may complicate your visa application or immigration status in your destination country.

 

(b) You must inform us of any travel abroad or any other unavailability of passport for visa processing during the 4 weeks prior to the Commencement Date. You must inform us of any unavailability of passport in this period at least 2 months before the Commencement Date. We cannot be held responsible for additional costs for express processing, postage, submission in person by our staff, or delay or cancellation of program due to failure to inform us of such details.

 

(c) The Participant is responsible for informing Destination Dev, Inc of any medical conditions (physical or psychological) or religious restrictions which may influence the Participant’s ability to complete the Program, prior to paying a Deposit. For medical conditions and religious restrictions which have been disclosed, it is Destination Dev, Inc responsibility to inform the Participant whether they can continue with the Program prior to commencement – if this is not possible then a full refund of the Deposit will be given.

 

18. Maximum Liability

 

Our maximum liability is limited to the Program Fee.


 

19. Refer-a-friend Program

 

(a) If you refer a friend to Destination Dev, Inc you will receive a discount of $250 USD on your current Program or a $500 discount on future Programs you enroll with us, subject to the further terms given below.

 

(b) Your discount will be granted only when your friend confirms a place in their Program by paying 100% of their Program Fee.

 

(c) The discount applies only to your total Program Fee. The discount does not reduce the amount required for the initial Deposit ($1000 USD) or of any required minimum payments.

 

(d) You can refer a friend anytime, even after you have finished your Program. If you have already paid your entire program fee when you become eligible for this discount, then we will provide a $500 USD discount on any future Program you enroll in, or provide you with a referral fee of $250 USD or equivalent via bank transfer.

 

(e) There is no limit to the number of discounts you may earn. For every referral which satisfies the above terms, you will receive $250 USD or a $500 USD discount on a future Program with no expiration date.

 

20. Other Terms

 

(a) The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Agreement is not subject to the consent of any person that is not a party to this agreement.

 

(b) If any provision of the Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

 

(c) If a provision of the Agreement (or any part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable or the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.

 

(d) The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including no contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and The State of California.

 

(e) Each party irrevocably agrees that the courts of The United States of America and The State of California shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

(f) We reserve the right to amend this document from time to time.