| AUSTRALIA TERMS & CONDITIONS The undersigned (the "Participant") hereby agrees to the terms and conditions set forth herein regarding the Participant's application to, and participation in any of Global Experiences' Australia-based programs (the "Program") provided by Global Experiences, Inc d/b/a TEFL Services International ("the "Company").
A. Payment and Fees. There will be an enrollment deposit due 14 days after an application has been submitted and accepted. For all applicants this deposit will be due for the total program fee, less accommodation fees within fourteen (14) days of invoice upon application for the purpose of visa processing. Final program fees are due within 7 days from the date that internship placement has been confirmed. The fees paid for the Program hereunder do not include the costs of travel to the host country and return back to the Participant's home country or the cost of travel insurance. The Program fees are set by the Company and cannot be broken down into individual components. All fees must be paid as advertised and invoiced. Both the Deposit and Final payments are to be paid in USD and Participant will receive an invoice in US Dollars. If a conversion is necessary, the conversion will be based on the exchange rate of the day plus an additional 3% to allow for fluctuation in exchange rate and currency conversion fees. All applicants in need of a 416 special program visa must also submit a completed 147 form. The application process cannot commence until this form has been collected. Any delay in submitting the form will delay the application process. A specialty program fee will be required in the amount of $400 USD for all internships deemed to be uncommon industry by the Company. Uncommon industries are defined as an industry where the placement is not readily available. The Company will exclude general non specific placements in the following fields:
- Accounting
- Advertising
- Animal Care
- Architecture
- Banking & Finance
- Business Admin
- Business Consulting
- Customer Service
- Education
- Engineering – Civil /Mechanical / Electrical
- Environmental
- Event Management
- Fashion
- Graphic Design
- Hospitality
- Human Resources
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- Import / Export
- Interior Design
- IT – General / Software Maintenance / Hardware Maintenance / Networks /Web Design
- Journalism
- Legal
- Logistics
- Marketing
- Media
- Non Profit Organizations & Volunteers
- Recruitment
- Travel & Tourism
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The above industries will generally be exempt from a specialized placement fee unless the applicant has requested to work in a specific niche area of the industry or will not accept any organization below a certain requirement. An example of where an internship specialty fee would be imposed in the above fields would be if an applicant applied under the Banking and Finance Sector but wanted to be involved in the Venture Capital Investment only.
Where an applicant has requested to be placed with very specific duties (i.e. marine biology) then the Company will, at its discretion, inform the applicant and a specialty fee will be imposed with that application.
B. Enrollment Deposit. For all participants, payment will be due for the total program fee, less accommodation fees, within seven (7) days of invoice upon application for the purpose of visa processing. If payment is not received within 7 days then a 4% penalty is attracted for every 7 days the payment is late. The start date may also be affected by the late payment. Should the Participant not be placed in an internship due to the fault of the Company or partners thereof, this deposit will be refunded.
C. Final Payments. Once internship confirmation has been emailed to the applicant, the applicant has 48 hours to confirm the placement. Once confirmation is provided to applicant, full payment is required within 7 days. Since a financial commitment is made upon internship confirmation, any cancellations within this 7 day window are still required to remit full program payment. If payment is not received within 7 days then a 4% penalty is attracted for every 7 days the payment is late. The start date may also be affected by the late payment.
D. Postponement of Internship Start Date. In the event applicants postpone their internship start dates within 2 weeks after the placement has been confirmed, a maximum of three months extension is allowed at no extra cost provided the host company agrees to the postponement. In the event the host company is unable to accommodate the postponement, the Company and its partners will be unable to issue any refunds to the Participants. Applicants may postpone their internship start date within 2 weeks of submitting the application at no extra cost provided the internship has not been confirmed, otherwise above point applies.
E. Application Periods. The Company requires a minimum of 10 weeks notice for US applicants requiring a 416 Youth from USA Visa and 15 weeks notice for US and non-US based applicants requiring a 416 or Occupational Training Visa (OTV) (9 weeks for Participants arriving on working holiday visas) before engaging in the placement process. The applicant may request the "Express service" which requires a minimum of 11 weeks notice (5 weeks for Participants arriving on the working holiday visa) for an additional fee. The Company may require additional notice for specific requests. Applicants will be notified at the time of application.
F. Express service. The "Express service" fee allows applicants to request a start date in less than the normal notice period (see above point). This fee along with any deposit paid is fully refundable if the Company is unable to place the applicant in an internship (provided the minimum notice period is met). Upon the expiry of the "Express notice period" the applicant may choose to continue using the Company's services, in which case normal cancellation and refund policies will apply.
G. Visas. Visas are governed by the following:
- If an applicant is refused a 416, OTV or any other visa due to facts (that may affect the visa decision) not disclosed at the time of application (e.g health issues or previous criminal activities) then no refund is given.
- If the visa is refused for any other reasons that are normally beyond the control of the applicant then a full refund is given (less the DIMIA processing fee).
- No refund of visa processing fees is given in the event of cancellation by the Participant.
- Other DIMIA processing fees are not refundable as these are paid directly to DIMIA (Australian Immigration department).
- Visa extensions or reapplications will attract the normal "visa fee".
- The Company and its partners are legally obliged to inform DIMIA of any changes in the Participant's internship conditions including date and role and internship duties. If the Participant's internship is terminated early the host company may withdraw its letter of support which may lead to the cancellation of the visa.
- Incomplete visa applications will incur a delay in processing and consequently the internship start date. The Company and its partners may be unable to guarantee the placement if a delay of more than 2 weeks occurs. No refunds will be given if the delay occurs due to the applicant not submitting his or her visa application and all required documents within the required time frame.
- The Company's and its partners will not be held responsible for any loss arising from changing flights, additional accommodation costs or any other costs incurred due to delays with visa decisions or delays with internship start dates that are beyond the control of the company.
H. Interviews and internship offers.
- Refusal by the Participant to attend interviews will not constitute reasonable grounds for a refund.
- Participants must attend any interviews with companies as arranged by the Company and/or its partners. The Company has the right to refuse arranging any further interviews for the Participant and excluding the Participant from the Program if the Participant refuses to attend interviews or there is evidence that the Participant performs inadequately at the interview(s) purposefully. Interns must have NO contact with a host company unless authorized prior to the placement commencing.
- Refusal by a Participant to accept an internship for reasons that are not consistent with or otherwise specified on his or her application will not constitute reasonable grounds for rejecting an internship offer. This will therefore constitute a cancellation by the Participant.
- The Company and its partners do not guarantee the company size or the exact location of the internship within the requested city. Participants cannot choose the company for which they will work. Internships are organized to provide participants with adequate training and experience in their field of interest, and to best match each intern to the most suitable business. The size, exact location within the requested city and international presence of the company are not valid reasons for a refund or refusing an internship offer.
- The Company and its partners will match the Participant with an internship in his or her 'general' requested field as indicated on his or her application and during any interviews. An error in matching the Participant with an adequate internship means that the Company is unable to match the Participant with an internship in the 'general" area requested. The Company may not be able to meet specific requests within that area. This does not constitute an 'error' in matching and does not entitle the Participant to a refund.
- Participants are not allowed to reject a placement offer made by the Company or leave their placement after starting for any of the following reasons:
- Size or number of employees of the company;
- Location of the company;
- Commuting distance to the company (Commuting time of 1 hour is generally accepted in all Australian cities due to the geography of the country);
- International profile of the company;
- Change of preferences after application;
- Changes in internship hours. A normal working week in Australia is approximately 40 hours. Participants undertaking a full time internship may be required to do their internship for any period up to 40 hours per week (excluding lunch and other breaks);
- Personal issues/relationships with other staff members and the internship supervisor;
- Level of supervision provided. Training and supervision will vary from one company to another. There are no minimum hours that the supervisor is obliged to spend with the Participant on a daily basis;
- Level of responsibility and tasks allocated. This is ultimately determined by the company and is dependent on the qualification/experience and performance of the Participant.
- In the event the Participant requests another placement due to the above-mentioned reason(s), the company will provide the Participant with one alternative.
- The intern may ask to be placed with another organization if the host organization fails to adhere to the terms and conditions specified in the training agreement and if, after consultation with a representative, there is lack of adherence to the agreed training defined in the training agreement.
- Any intern who wishes to be considered for a replacement is asked to report any issues of neglect and/or misconduct in the workplace to a representative within 24 hours of the incident/s.
- The intern may ask to be placed with another organization if the host organization is professionally negligent in terms of misconduct and/or improper behavior.
- The replacement request can only be made after the first week and within the first month for internships of 4 months or less; and within the first two months for internships over 4 months in duration.
- All interns must provide two weeks written notification prior to departing a workplace
- An applicant will be granted a full refund if for any reason the Company is unable to place the applicant into an internship.
- Any changes of preferences by applicants (with regards to the internship field) after submitting the application documents to the Company but before internship confirmation will constitute a new application and attracts full application fees. Changes requested once internship confirmation has been made will constitute a new application and will attract all related fees.
- Total fees due are payable within 7 days of placement confirmation and before the start of the internship. If the applicant is applying for a 416 or an Occupational training visa then all program fees are payable before the visa applications can be made to DIMIA. This is a requirement of DIMIA that all program fees must be paid before submission of visa applications. Delays in processing of visas due to delays of payments by the applicant will be the responsibility of the applicant.
I. Code of conduct at the host company. No refund will be given or an alternative placement offered if the Participant leaves the host company within the initial two weeks. The initial period of two weeks is for settling in and learning about company processes and work ethics. No alternative placement will be offered to Participants in the event of the Participant being asked to leave by the company for the following reasons:
- Negligence by the Participant in terms of misconduct or disobeying company procedures and policies;
- Inability to perform training provided by the company due to inaccurate information provided by Participant on his or her application documents (CV, covering letter and any other documents);
- Leaving the placement without informing the Company or its partners at least two weeks prior and/or without being given approval to do so by the Company and its partners;
- Taking time off for holidays, personal reasons without prior agreement with the host employer;
- Taking sick leave without providing the host employer with an adequate medical certificate if asked to do so by the host employer;
- Changing internship hours without prior permission from the supervisor at the host employer;
- Not abiding by host employer's rules;
- Because the Participant's level of performance does not match their level of experience and/or qualifications as stated on his or her CV. For example, if it is stated that the Participant has an advanced level in 'Java scripting', the Participant will be expected to be involved with projects to match that level. Employers are aware of the Participant's training needs and that Participant is there to learn, however they will also regard any information the Participant puts on his or her CV as 'correct';
- Demanding payments from the host employer if the internship is unpaid; or
- Acting in any way that adversely affects the smooth running or operations of the host employer. For example; unauthorized internet downloads, using host employer resources in an unacceptable manner etc.
J. Representations and Warranties. The Participant hereby represents and warrants that: (i) he or she has all requisite power and authority to enter into and perform his or her obligations under this Agreement; (ii) he or she will abide by all laws, rules and regulations and will endeavor to comply with all local customs; (iii) he or she will carry out his or her duties as a Program participant to the best of his or her abilities; and (iv) all of the information provided herein is true and accurate. The Participant authorizes the Company to make such investigations as necessary, including contacting any references.
K. Terms and Conditions. The Participant acknowledges that he or she has read and accepted the terms and conditions set forth in the Company’s Policies, which are available at www.globalexperiences.com. Most of these policies are incorporated herein by reference and hereby constitute part of this Application. This agreement is a legally binding contract upon formally applying for a Program, either online or via hard copy application.
L. Refund Policy. Program Deposit and Final Fees: The Enrollment Deposit fee is 100% non-refundable for all programs. In most cases, this deposit is transferable up to 12 months to any Program at the sole discretion of an authorized representative of the Company. Once the Company finalizes a program, it makes financial commitments on Participant's behalf and is obliged to secure and pay its overseas partners for many aspects of the Program, including accommodation, language training, internship/volunteer and other program placements, excursions and any other service or component that is included in the Program. In the event Participant has a conflict or complaint with his or her program and believes a refund is due, Participant must follow all grievance procedures as stated below in section Z(3). The Company reserves the right to withhold any refunds at its sole discretion. The only instances that would merit a refund of any course fees would include the Company’s failure to provide as marketed any guaranteed component of a Program, such as accommodation, language training, internship/volunteer placement or other such integral components of a Program. Refunds would only apply to the select component of the Program that is deemed by the Company, at its sole discretion, to not have met the original terms as outlined in the Program description and marketing materials. Again, any concerns or problems with any guaranteed component of the Program must first be addressed through the grievance procedures as detailed below in Section Z(3) and final decisions regarding any refund will be made by the Company, at its sole discretion. Refunds will be considered on a case-by-case basis for participants from countries for which placement in the Program is not possible due to visa restrictions. These countries most often include African nations, South Asian nations and some South American nations.
M. Disclaimer of Warranty. Except as set forth herein, any materials and/or information provided as part of the Program are provided to the Participant on an "as is" basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT, WITH REGARD TO ANY MATERIALS AND/OR INFORMATION PROVIDED AS A PART OF THE PROGRAM.
N. Indemnification. Except as otherwise set forth herein, the Participant hereby agrees to indemnify, defend and hold harmless the Company and its officers, directors, employees, stockholders, affiliates, agents and representatives, from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of or resulting from participating in the Program or the performance of this Agreement.
O. Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT UNDER CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARTICIPANT TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE INITIAL EVENT RESULTING IN SUCH CLAIMS.
P. Release. In consideration of the Company providing the Program at the pricing set forth, Participant, for himself/herself and his/her heirs, executors, personal representatives, administrators, successors and assigns (separately and collectively, "Releasor"), does hereby irrevocably and unconditionally release, acquit, remise, exonerate and forever discharge the Company, its past, present and future parents, subsidiaries, divisions, affiliates, predecessors, successors, trustees and assigns, and the past, present and future officers, directors, stockholders, members, partners, agents, attorneys, representatives and employees of the Company and the other foregoing entities (or any of them), and their heirs, executors, personal representatives, administrators, successors and assigns (separately and collectively, the "Releasee"), of and from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, claims, demands, grievances, allegations, covenants, contracts, controversies, promises, agreements, damages, costs and expenses, attorneys' fees, obligations, liabilities and judgments, of whatever kind or nature, known or unknown, disclosed or undisclosed, suspected or unsuspected, in law or in equity or otherwise, that the Releasor (or any of them) ever had, now have, or can, shall or may have, against the Releasee (or any of them), upon or by reason of any matter, cause, or thing arising out of or related to the Program, whether prior to or upon the date of execution of this Agreement or at any time thereafter. This is a General Release. This release is not an admission of liability of any kind. Participant acknowledges that the Company does not provide the Program at such pricing without the release by the Participant as set forth herein. This release also applies to any losses arising from the use of any vehicle or from the selection of, or from any act or omission by, any housing agency, host family, travel agency, transportation provider, hotel or excursion provider, host institution, company or individual.
Q. Local Customs and Laws. Participant understands that he or she will be traveling to a foreign country, with different customs, standards, laws and risks than he or she is unaccustomed to. Participant understands and acknowledges that (a) Participant may become sick or injured while participating in a Program; (b) Participant may be arrested or imprisoned if he or she does not conform to local laws; (c) there exists crime in foreign countries and that Participant may be a victim of crime; and (d) Participant may not agree with local customs and standards. Participant accepts the above described risks and other risks associated with travel in, to and among foreign countries. Participant understands that he or she is responsible for exercising caution and common sense at all times and agree to release and not hold the Company responsible for any such problems Participant encounters participating in a Program.
R. Procurement of Travel Insurance. It is required of ALL program participants to procure all travel insurance necessary to cover participant for entire length of program. This coverage is provided by the Company’s program fees, but Participant MUST register for the insurance. The Company and its partners reserve the right to deny a Participant beginning a program if evidence of the necessary travel insurance is not provided accordingly. Participant is required to procure travel insurance because the Company, nor its partners, is responsible for unforeseen events out of its control, which includes any instance of theft, burglary, assault, injury, loss of property, medical emergencies or other medical needs, or any other circumstance which might arise as a result of participant traveling abroad. There are risks associated with international travel and it is important that participants are aware of the specific risks as they relate to the host country for their program. Participant acknowledges they have read and accepted the terms and conditions set forth in the Company’s Policies, which can be found at www.globalexperiences.com. Participant agrees that the Company is not responsible for any uninsured losses
S. Workplace Insurance. Participants in the Australia internship program are covered by public liability insurance at the work place. Public liability insurance only protects the host employer in the event of negligence by the host employer which may cause damage/injury to the Participant. Participants require their own medical and travel insurance to cover for negligence or injury or damage caused by themselves to third parties or themselves whilst at the host employer. Participants may choose to extend their internships with the host employer (upon mutual agreement with the host employer and the Participant). The Company and its partners' must be notified at least 2 weeks in advance. Extensions will attract the difference in placement fees (if any). Failure to notify the Company and its partners in the event of extending the internship period will mean that the Participant is not covered by the Company’s and it's partners' public liability insurance policy and will constitute breach of this agreement.
T. Medical Situations. Participant further acknowledges that the registering of travel insurance is the sole responsibility of the Participant. If Participant becomes sick or injured while participating in the Program, the Participant authorizes the Company to take such action as it considers necessary to secure treatment and/or transportation back to the United States. The Participant releases the Company from any liability relating to this medical care. The Participant agrees to provide the name of an Emergency Contact whom the Company may contact should the Company find it necessary. If the Company incurs any expense on behalf of Participant that is not covered by Participant's insurance, Participant agrees to make immediate repayment upon Participant's return. Participant hereby acknowledges that this Application does not create any affirmative duty or responsibility for the Company to take any action should Participant become sick or injured while participating in a Program.
U. Program Changes. In extreme circumstances, Participant understands that the Company or its partners reserve the right to make changes, cancellations or substitutions to the Program for insufficient enrollment, emergency or changed conditions or based upon other circumstances which may affect a program. Participant understands that any expenses incurred due to these changes, cancellations or substitutions are Participant’s expense, including travel arrangements, change in accommodations, or otherwise. If Participant chooses to leave the Program as a result of these changes, Participant understands there will be no refund of program fees or of any expenses already paid. Once the Program is confirmed, should Participant makes changes to the Program that differ from the Program to which Participant was originally accepted and for which Participant has paid, Participant understands that there will be no refund of program fees or of any expenses already paid. Additionally, Participant understands that if the Program to which Particpant seeks to change requires an additional fee, that the Participant is responsible for paying this fee in full and by the established payment due date.
V. Policy, Conduct and Behavior Compliance. By applying for and attending a Program, Participant agrees to comply with all of the Company’s Policies, including its rules, standards and instructions for Program participant behavior. Participant understands that failure to do so may result in disciplinary action up to and including dismissal from the Program. If dismissed, Participant understands that (a) the cost of returning home is at Participant's own expense, and (b) Participant will not receive a refund of any kind. Participant further understands that participation in a Program may be terminated if Participant is expelled from a partner school, or otherwise disciplined by school or civil authorities, or if the Company, in its sole discretion, determines that Participant's conduct is incompatible with the interests, safety or welfare of other participants. Participant agrees to indemnify the Company if Participant does anything that causes the Company to sustain financial loss or liability. Please review further information regarding Participant conduct at www.globalexperiences.com.
W. Use of Information. Particpant understands that the Company occasionally uses statements made by its participants and/or their photographs in marketing materials on the web and in print. Participant consents to such use of his or her statements or photographs unless the Company is notified otherwise in writing. Participant agrees that the Company may add Participant's name and email address to an email distribution list which will be shared with other participants on a Program, unless Participant notifies the Company in writing otherwise.
X. Travel Documentation. Participant understands that obtaining a passport and any other required travel documents is the sole responsibility of the Participant. Whether a U.S. citizen or not, Participant shall hold the Company harmless in the event Participant cannot obtain the necessary documents for participation in the Program.
Y. Accommodations Policies. Participant understands that the Company does not directly provide nor profit from the accommodations offered through its overseas partners or affiliates for its programs and therefore, the Company assumes no responsibility for any issues that may arise with respect to Participant's accommodation once the Program has begun. Any complaints or concerns regarding accommodation must be addressed with the accommodations coordinator in Australia. This includes issues relating to proximity to program locations, the quality of the accommodations, issues relating to roommates, cleanliness or any other issue as it relates to the accommodation. According to the terms of all programs provided by the Company, program fees paid by participant include accommodation. Participant is responsible for any costs incurred for transportation between the accommodation and the program locations, including fare for buses, taxis, trains or any other transportation costs. Other accommodations are available for an increased fee and the Company is happy to help facilitate those upgrades, however, the Company assumes no responsibility for the location, the condition or the security of the accommodations and all such concerns or complaints must be directly addressed through the Company’s partners in Australia. The Company does not guarantee the location of accommodations nor does it guarantee any amenities that may or may not be included in the accommodations. The Company will make every effort to secure the address of Participant's accommodation at least two weeks out from the start date of a Program, however, this cannot be guaranteed as the logistics of organizing accommodations for many participants can be a challenge. Participant further understands and agrees that accommodation is for the Participant only and it is not possible to have friends, family or others stay with Participant unless he or she has received express written permission from the Company and the landlord of the accommodations. Participant acknowledges and agrees to all terms, conditions, and other information regarding accommodations contained herein and at www.globalexperiences.com. Below are some common guidelines and other pertinent information that relate to Australia program accommodations:
- Though rare for most interns, commuting times to the internship company of up to 1 hour are deemed acceptable by general standards in all Australian cities.
- A 'shared house' can be any of the following (Participant needs to notify the Company on the initial application of anything contrary):
- Sharing with one or more persons of any nationality or either gender;
- Sharing with a family;
- Sharing with a couple;
- Other interns/travelers;
- A 'shared room' has two beds or more unless stated otherwise.
- Changes of accommodation preferences (after submission of application) will be treated as a new application and incur an additional accommodation booking fee.
- Participant must provide at least 4 weeks notice of relocating. Failure to do so may incur an additional 4 weeks rent. Fees are paid to accommodation providers monthly in advance so it is required to give accommodation provider 4 weeks notice. The Company and its partners are therefore unable to guarantee any refunds in the event less than 4 weeks notice is given by the Participant.
- The Company and its partners cannot guarantee the nationality, or spoken language of any housemates. The Company and its partners will make every effort to place each intern in places where the native language is spoken.
- No changes of accommodation will be made within the initial 4 weeks unless there is an act of negligence on the part of the landlord. Such an act includes sexual harassment, discrimination or other forms of harassment.
- No refunds are given in the event Participant leaves his or her accommodation prior to the end of the initial 4 weeks (Except in the event of negligence - see above).
- Participant is liable for any damage to property or household articles caused by him or her at accommodation.
- Participant is liable to pay for any damages caused by him or her through failure to abide by house rules.
- The Company's accommodation provider endeavors to inspect all accommodation providers' houses before accommodation bookings are made. Accommodation standards are deemed 'above average' for 'budget' housing. The Company and its partners cannot be held responsible for varying levels of expectations of participants.
- Some accommodation providers may require an additional fee for Cleaning, Security Keys or a Bond. If a bond/key deposit is payable participants/partners will be notified on the accommodation confirmation form. Bond is payable by the participants and is the sole responsibility of participants. The Company and its partners are unable to pay bond on behalf of participants under any circumstances.
- The vast majority of houses in Australia are not 'centrally heated". This includes big houses and small, expensive houses and inexpensive, Sydney houses and elsewhere, and so on. This is due to the generally warm climate of most Australian cities. Adequate heating is usually provided in all houses (i.e. space heaters), however additional heating is the responsibility of the Participant.
- Accommodation is generally provided in self-contained apartments or houses which mean adequate linen and blankets will be provided. Additional bedding is the responsibility of the Participant.
- Participant must abide by the house rules. Any breakages, damage or vandalism of the accommodation caused by failure of the Participant to abide by the house rules are the sole responsibility of the Participant.
- Participants not abiding by the house rules face eviction from the house and the Company or partners will be under no obligation to find an alternative placement or refunds.
Z. Miscellaneous
- Entire Agreement; Waiver; Modification. This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, purchase order, acknowledgment or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective unless it is in a signed writing by the parties.
- Assignment. Participant may not assign his or her rights or obligations hereunder without the prior written consent of the Company, which may be withheld in its sole discretion. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.
- Dispute Resolution Policies and Grievance Procedures: In the event where Participant has a complaint with any part of a program, the following grievance procedures must be followed for all program locations.
- Participant will address all such complaints, concerns, conflicts or related problems immediately and directly with the Company’s resident or with the appropriate representative of the Company’ partner organization on the ground in the host location. At which time, the Company and/or its partner organization will attempt to rectify the problem by working directly with Participant and by offering proposed solution(s).
- o If the Company or its partner organization is unable to devise a mutually-acceptable solution, Participant must complete an official grievance resolution form (which can be acquired from a Company representative or that of its partner) and submit directly to the host representative and the Program Coordinator with whom Participant enrolled for that specific Program at the Company’s headquarters in a further attempt to rectify any conflict. The resolution form will then be reviewed by the Program Coordinator who will discuss the specifics with the appropriate representative in the host country and directly with the Participant. Further solutions to resolve the complaint will then be presented to the Participant, one of which must be accepted by Participant within reason.
- o If all proposed solutions have not rectified the problem and the Participant still feels the situation, including all proposed solutions, is unreasonable, the Participant must notify the management at the Company’s head office in writing and explain the full details of the situation. At this stage a decision will be made by the Company, at its sole discretion, whether a refund of any amount is warranted. All decisions made by the Company, in its sole discretion, are final. If Participant leaves program host country before exhausting all internal grievance procedures, no refunds will be provided and no further recourse is available to Participant from that point.
- If after all options for resolution between the parties have been exhausted with no success, the parties agree to seek mediation and, if need be, binding arbitration via the Better Business Bureau of Metropolitan Washington to resolve such dispute. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with the BBB's dispute resolution process, including arbitration under the BBB Rules of Binding Arbitration, if necessary. If the participant has no documented record through the grievance procedures of their complaint, there is no recourse in addressing any dispute.
AA. Governing Law. This Agreement shall be governed and construed in all respects by the laws of the State of Maryland in the United States of America, without regard to principles of conflicts of laws and international laws. Each party hereby submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the State of Maryland for resolution of any dispute relating to this Agreement.
BB. Severability; Survivability. If any provision of this Agreement or the application thereof to any party or circumstance is held to be invalid, illegal, or unenforceable in any respect, that provision to that extent shall be severed from this Agreement (but, to the extent permitted by law, not otherwise), and shall not affect the remainder hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. The parties acknowledge and agree that any provision that by its nature survives shall survive cancellation or termination of this Agreement.
CC. Notices. Any notices required or permitted hereunder shall be given to the appropriate party at the address specified above or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
DD. Costs of Prevailing Party. If either party brings an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including attorneys' fees, from the other party within reason.
EE. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.
This is a fully enforceable and legally binding agreement that is accepted by all program participants upon application to any Program. Once Participant submits an application, either online or via paper application, Participant acknowledges and agrees to all terms as set forth in these terms and conditions in addition to all other information provided in Company’s policies as outlined on its website at www.globalexperiences.com.
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