1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 9.2;
(b) Enquiry: your enquiry submitted on an enquiry form or otherwise in respect of the Services;
(c) Placement: the placement that We are providing to you as set out in the your Enquiry or as otherwise agreed between Us and you;
(d) Terms: the terms and conditions set out in this document; and
(e) We/Our/Us: Work the World Limited with registered number 05657211 and registered office at 30 New Road, Brighton, East Sussex, BN1 1BN.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. Our Contract with You
2.1 These are the terms and conditions on which We supply the Placement to you.
2.2 Please ensure that you read these Terms carefully, and check that the details in your Enquiry and in these Terms are complete and accurate, before you submit your Enquiry. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you submit your Enquiry to Us, this does not mean We have accepted your Enquiry for the Placement. Our acceptance of your Enquiry will take place as described in clause 2.4. If We are unable to supply you with the Placement, We will inform you of this either in writing or by telephone and We will not process your Enquiry.
2.4 Payment of a registration fee when you submit your Enquiry does not mean We have accepted your Enquiry in respect of a Placement. These Terms will become binding on you and Us when We contact you to tell you that We are able to provide you with the Placement, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us. If We are unable to provide you with the Placement as set out in your Enquiry, at this stage we will let you know and try to arrange an alternative Placement or refund of any registration fee paid.
2.5 We shall assign a reference number to your Placement and inform you of it when We confirm your Placement. Please quote the reference number in all subsequent correspondence with Us relating to your Placement.
3. Accommodation and Food
3.1 We provide your accommodation and food for the period of your placement.
3.2 For security reasons and to comply with local authority restrictions you are not allowed to invite or allow any person who is not a current Work the World client or staff member to enter your accommodation without the express consent of the Work the World local coordinator.
4.1 Undertaking one of our placements overseas carries with it a degree of risk and you must pay for and be protected by comprehensive travel insurance and professional indemnity insurance cover.
4.2 We are happy to assist you with organising your insurance, but ensuring that you are covered is your responsibility and We accept no responsibility if for any reason you are not covered by your insurance in the event of any loss, illness, injury or otherwise (provided such injury does not relate to an act or omission by Us). In particular:
(a) You must obtain appropriate travel insurance to cover you for the period of your placement and provide full details of this insurance to us at least one month prior to the commencement of your placement; and
(b) You must have in place appropriate professional indemnity insurance cover for the duration of the Placement that will indemnify and hold harmless Us, the hospital or other Placement setting and its employees, servants and agents against all liabilities, costs, expenses, losses including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses), damages, injuries or judgements in any way caused by your negligence or wrongdoing provided you are working under the supervision of an appropriately qualified practitioner and provide full details of this insurance to us at least one month prior to the commencement of your placement.
4.3 Whilst every effort is made to make sure all accommodation is safe and secure, We recommend that you do not have in excess of $300 of currency (either AU$ or the equivalent in such other local currency) at any time either in your possession or kept at your accommodation and We recommend that you take no other valuables with you to your Placement. If you do decide to take valuables with you to your Placement, it is your responsibility to make sure that your insurance properly covers such valuables. There are cash machines located within a short distance of each of the locations of the Placements and we recommend that you take small amounts of cash out at regular intervals rather than carry excess amounts of cash with you whilst on your Placement. We accept no responsibility for loss or damage to your property during your Placement provided such loss or damage is not by reason of Our negligence.
5.1 We provide help and advice on obtaining relevant visas and work permits for your Placement, but the issuing of these is at the discretion of the relevant authority and is beyond our control and We accept no responsibility if you are unable to obtain the relevant visas and work permits for your Placement. Requirements for visas and works permits may change without notice and it is your responsibility to make sure you have the correct and valid visas and work permits for your Placement and you are required to pay for the cost of any visas and/or work permits. We accept no responsibility for the consequences of a change in visa and/or work permit requirements.
5.2 You are responsible for ensuring that your passport, visa and any other travel documents are valid for the duration of your placement.
5.3 Please note that visas issued for Work the World placements generally do not allow You to undertake any kind of paid work overseas and it is your responsibility to check and understand the restrictions on any visas and/or work permits. Taking on paid work without the proper permissions may be a serious offence for which you may be prosecuted.
6. Amendments, Cancellation and Curtailment by You to the Placement
6.1 Amendments or cancellations must be notified to us in writing, either by post or email to our UK office. Our overseas staff can provide help and advice on amendments and cancellations, but a verbal agreement will not represent a change to your contract with Us and you must contact the UK head office.
6.2 Our charge for an amendment to your Placement is normally AU$75 (to cover our administration costs) plus any additional costs incurred by Us. If the total amendment cost is estimated to exceed AU$100, we will provide you with a quotation before proceeding.
6.3 A significant part of the fee paid by you will be spent or committed to budgets prior to the start date of your Placement, and we are therefore unable to offer a full refund if you choose to cancel. In the event of a cancellation by you, we will refund part of the fee after deducting a cancellation charge. The cancellation charges set out below fairly reflect Our expenditure depending on how far in advance of your original Placement start date we receive your written notice to cancel as follows:
(a) Notice of more than 60 days: AU$490 charge;
(b) Notice of between 30 and 60 days: 50% total programme fee;
(c) Notice of less than 30 days: Full fee (no refund).
6.4 If you request to postpone your Placement, and we agree to vary the dates of your Placement we may need to charge you because a significant part of the fee paid by you will be spent or committed to budgets prior to the start date of your original Placement date. Exceptions are entirely at our discretion and must be agreed in writing at the time when the postponement is made.
6.5 Any requests to amend your Placement after your Placement has started are entirely at our discretion.
6.6 If you curtail your Placement and do not undertake the whole of your Placement, We cannot refund you any of the fee paid for your Placement. You will be responsible for any additional costs involved with the curtailment of your Placement, including the cost of repatriation. If we incur any costs by reason of your curtailment of your Placement, We reserve the right to charge you a reasonable administration fee.
7. Providing Services
7.1 Subject to these Terms, We will supply the Placement to you on the date agreed between Us.
7.2 We will make every effort to provide the Placement on the dates agreed. However, there may be delays or cancellations due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
7.3 If you do not pay Us for the Placement when you are supposed to as set out in clause 11.4, We may at our discretion either cancel the Placement in its entirety or suspend the Placement with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 11.5.
8. Amendments and Cancellations by Us
8.1 The nature of our overseas programmes is such that it may be necessary to change the details of your Placement (such as the hospital in which you are placed or the type of accommodation) from those originally given to you. We will do our very best to minimise such changes and will only do this for a valid reason, and We will inform you promptly if changes do arise.
8.2 In very occasional circumstances, we may need to cancel overseas placements. In such cases, we will inform you not less than 45 days before your placement start date and refund all fees you have paid to us. This will be the full extent of Our liability and we will not accept responsibility for other costs you may incur, such as flight ticket penalties.
9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, security threats, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms We will contact you as soon as reasonably possible to notify you.
10. If There is a Problem With the Services
10.1 We are here to help you, and Our staff in the UK and overseas will do their very best to provide the highest level of service. However, a formal procedure for complaints is set out below.
10.2 We are providing you with an opportunity to gain real life work experience in a working hospital or other placement, and as such you will need to show a high level of independence and initiative, especially in dealing with problems as they arise. If you have any problem that you find difficult to deal with, or which you feel should be our responsibility to resolve, you should follow this procedure:
(a) Talk to the Work the World Country Coordinator responsible for your placement. This is the person with the greatest understanding of your local situation, and he or she will do their best to help you;
(b) If you are unhappy with the immediate response, or you feel the time taken to resolve the problem is too great, you should present your complaint to the Country Coordinator in writing;
(c) If you are still unhappy with the response to your complaint, you should put it in writing to our UK office either by email or post as soon as possible;
(d) In the event of a claim for compensation, you must promptly inform us verbally or by email of your intention to claim for compensation and then full details of the claim must be received by us in writing no more than 90 days after the end date of your Placement.
10.3 The above procedure exists to enable us to identify and deal with problems and complaints as quickly and efficiently as possible. Failure to follow this procedure may compromise our ability to help you. We will not be responsible for problems or complaints not brought to our attention as above.
11. Price and Payment
11.1 The price of the Placement will be set out in Our price list in force at the time We confirm your Placement. Please note that the prices quoted in Our price list are for two-week placements and rise incrementally depending on the duration of your Placement and We will confirm the price for your Placement at the time of confirmation. Our prices may change at any time, but price changes will not affect the Placement that We have confirmed with you. The cost of the Placement does not include your flights which you must book and pay for separately.
11.2 We will ask you to pay a registration fee of AU$490 to confirm your Placement. Your rights to a refund on cancellation are set out in clause 6.
11.3 We will send you an email approximately 75 days before the start of your Placement detailing the balance due for payment for your Placement. Payment of the balance due for the cost of your Placement must be paid to Us no less than 60 days before the start of your Placement.
11.4 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
12. Our Liability to You
12.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
12.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 Please note that your booking is accepted on the understanding that you come on the programme at your own risk. It is not possible for us to be responsible for the actions or omissions of those involved in your programme over whom we have no direct control, such as employees of airlines, local transport and others. Equally we are not responsible for loss or expense due to war, riots, strikes, terrorist activities, natural disasters, or bankruptcies (or similar) of unconnected third parties. We are not liable for any injury, damage, loss, accident, delay, or other irregularity which may be caused by defect of any vehicle or other equipment, other than our own, or the negligence or default of any company or person engaged in carrying out or performing any of the services involved, other than our own staff.
12.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. Your Responsibility
13.1 You agree to keep confidential all sensitive information and patient records disclosed to you during your Placement.
13.2 Whilst at the hospitals and/or other institutions hosting your Placement you agree to be bound by their rules, regulations and policies and any other reasonable directions provided by the hospitals and/or other institutions hosting your Placement.
13.3 We reserve the right to take appropriate action in the event that during your Placement:
(a) Your actions or omissions would reasonably be expected to give offence to hosts, project managers, work colleagues, patients or others (for example by reason of serious rowdiness, disregard of cultural differences at the location of your Placement or drunkenness);
(b) Your actions or omissions would reasonably be expected to breach the rules, regulations, policies or other reasonable and lawful directions of the hospitals and/or other institutions;
(c) Your actions or omissions would reasonably be expected to endanger the welfare and/or safety of other persons or risk damage to property;
(d) You are guilty of a criminal offence or any fraud or dishonesty or act in any manner which in Our reasonable opinion brings or is likely to bring you or Us into disrepute;
(e) You are, in Our reasonable opinion, negligent and incompetent in the performance of your duties, you fail to turn up to your Placement or leave your Placement without an adequate reason.
13.4 In the event that one or more of the matters set out above occurs, We will consider the seriousness of your actions or omissions taking into account all the circumstances. A problem that we consider serious would be brought to your attention in writing and/or verbally either personally or delivering it to your accommodation address.
13.5 We shall take appropriate action depending on the seriousness of your actions or omissions which may include:
(a) Suspending you from your work at your Placement either temporarily whilst we investigate further or permanently; or
(b) Notifying you by letter that, unless the matter is resolved in accordance with our reasonable and lawful instructions, within five working days (or such shorter period as we in our reasonable opinion deem appropriate), we will suspend you from your work at your Placement either temporarily whilst we investigate further or permanently.
13.6 In the event that your Placement is suspended permanently, should you wish to stay in your destination country beyond that date, We would have no further responsibility for your food, accommodation, insurance or travel arrangements and you would have to find and pay for your own accommodation, insurance and travel. If you choose to travel home if your Placement is suspended and this means you require a different flight home to the one you have already booked, you are responsible for the cost of any changes made to that flight or the cost of a new flight should you not be able to change your original flight.
13.7 Please note that we reserve the right to decline to accept any person onto a Placement, or to require any participant to withdraw at any time, when such action is determined by the appropriate Work the World staff representative to be in the best interests of the health, safety, and general welfare of the programme or of the individual participant. In such a case, we accept no responsibility for any airline cancellation penalty incurred by the purchase of a non-refundable ticket or any other cost that you may incur.
14. Information About Us and How to Contact Us
We are a company registered in England and Wales. Our company registration number is 05657211 and our address is Work the World, Olivier House, 18 Marine Parade, Brighton, BN2 1TL. Our registered VAT number is 995971638.
14.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at +44 (0)1273 974634 or by e-mailing Us at [email protected].
If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Work the World, Olivier House, 18 Marine Parade, Brighton, BN2 1TL
UK and/or [email protected]. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in your Enquiry.
15. How We May Use Your Personal Information
15.2 We will use the personal information you provide to Us to:
(a) process your application and to provide after sales service and pre-placement preparation and to provide the Placement. Selected faculty members from your University may have access to basic information concerning the placements undertaken by students from your University, accessed via our online information portal. The purpose of this is purely to assess the success of the programme. Please contact us if you would like to know more information regarding this or if you wish to conceal this information
(b) process your payment for such Placement; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
15.3 You agree that We may pass your personal information to the hospital or clinic where Your Placement will take place.
16. Other Important Terms
16.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
16.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
16.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
16.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.