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 9.1;
b) Application: your application submitted on an application form or otherwise in respect of the Services;
c) First Placement: this is your Placement, or if you book more than one Placement the Placement with the start date closest to the date of your Application;
d) Placement: the placement that We are providing to you as set out in your Application or as otherwise agreed between Us and you;
e) Price: the charge that We make for providing Our services in respect of every Placement you book (this does not include the Registration Fee);
f) Registration Fee: the $400 charge that We make to register you to receive Our services;
g) Terms: the terms and conditions set out in this document; and
h) We/Our/Us: Work the World Ltd. Workbar, 31 Union Square, Somerville, Boston, MA 02143, USA.
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 Application and in these Terms are complete and accurate, before you submit your Application. 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 Application to Us, this does not mean We have accepted your Application for the Placement. Our acceptance of your Application 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 Application.
2.4 We will accept your Application and these Terms will become binding on you and Us at the point at which both a) and b) have taken place:
a) You pay the Registration Fee to Us; and
b) We confirm in writing that We are able to provide you with the Placement
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 Application, 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 will provide you with accommodation and food at that accommodation for the period of your Placement.
3.2 We are not able to:
a) provide food away from the accommodation that We provide,
b) provide food or accommodation in the event that you travel away from your Placement, or
c) provide alternative accommodation unless the accommodation We provide is in Our opinion unsuitable.
If there are any problems with your accommodation, please follow the procedure set out in clause 10.
3.3 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 customer or staff member to enter your accommodation without the express consent of the Work the World in-country Programme Manager.
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. Although We strongly recommend that you obtain a fully comprehensive insurance policy, your policy must at least cover the following:
i. your repatriation and that of your belongings to your home address in the country of your residence;
ii. medical cover for the period of the Placement and your travel to and from the Placement between the country of your residence and the country the Placement takes place in;
iii. your death or personal injury;
iv. loss, theft or damage of your belongings or money;
v. cancelled or delayed flights; 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 US $300 of currency (either sterling 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.
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
Cancellation, postponement or amendment of your Placement must be notified to us in writing, either by post or email to Our UK head office in accordance with clause 14. 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 US $70 (to cover Our administration costs) plus any additional costs incurred by Us. If the total amendment cost is estimated to exceed US $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 of the Price if you choose to cancel. In the event of a cancellation by you the Registration Fee is non-refundable, and We will refund part of the Price 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 between 60 and 90 dayss: 50% of Price;
b) Notice of less than 60 days: 100% of Price (no refund).
6.4 You may request a single postponement of your Placement. Your notification must reach us no less than 24 weeks before the Placement start date. If We agree to your request 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. Exceptions are entirely at Our discretion and must be agreed in writing at the time when the postponement is made. We will not accept responsibility for costs you may incur as a result of any postponement of your Placement start date such as, but not limited to, flight ticket penalties and insurance, vaccination and visa fees.
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.
6.7 For the avoidance of doubt the calculation of time periods in accordance with this Clause 6 shall be calculated by reference to the original, unmodified, Placement start date.
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:
a) an Event Outside Our Control. (See clause 9.); or
b) due to Other Events (See clause 8).
7.3 If you do not pay Us for the Placement when you are supposed to as set out in clause 11 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.
8. AMENDMENTS AND CANCELLATIONS BY US
8.1 You acknowledge that the nature of Our overseas programmes is such that it may be necessary to change the details, including but not limited to hospital where placed, departments within hospital to which you are allocated, type of accommodation, etc. of your Placement, or cancel the Placement altogether. We will do our very best to minimise such changes and cancellations and by participating in Our Placement you acknowledge and agree to any changes that in Our reasonable opinion are necessary. We will inform you promptly if changes do arise.
8.2 In addition to the provisions of Clause 9, you acknowledge that in very occasional circumstances We may need to cancel Your Placement in its entirety. By participating in Our Placement, you agree and consent to such cancellations as made in Our sole discretion. In such cases, We will inform you not less than 4 weeks before your Placement start date and refund the Registration Fee and Price. You agree that this is the full extent of Our liability and We will not accept responsibility for other costs you may incur, including but not limited to flight ticket penalties and insurance, vaccination and visa fees. For this reason, refundable travel arrangements are highly recommended in addition to the required Travel Insurance.
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. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation:
a) epidemic or pandemic;
b) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
c) nuclear, chemical or biological contamination or sonic boom;
d) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
e) collapse of buildings, fire, explosion or accident;
f) any labour or trade dispute, strikes, industrial action or lockouts;
g) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and
h) interruption or failure of utility service.
If an Event Outside Our Control occurs, you agree that any deadline for Our performance will be extended for a period of time equal to any resulting period of delay. If we determine, in our sole discretion, that the period of any delay is likely to exceed one calendar month, or in fact exceeds one calendar month, We may terminate this contract by providing 21 days’ notice.
9.2 We will not accept responsibility for any costs you may incur as a result of Our failure to perform, or delay in Our performance of, any of Our obligations under these Terms including but not limited to the costs of flight tickets, vaccinations, insurance and visas. For this reason, refundable travel arrangements are highly recommended in addition to the required Travel Insurance.
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.
9.4 Notwithstanding the limitations of Clauses 8 and 9, when possible We will use our reasonable efforts to work with You to vary the Placement if possible so that clause 9 no longer applies. Such variations will probably require radically changing the Placement and each part of it. By way of example, and without limiting Clauses 8 or 9, if we can change the Country the Placement takes place in this also would require changes in accommodation, hospital and type of work for the Placement.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1 We are here to help you, and Our staff in the UK head office 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 in-country Programme Manager 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 in-country Programme Manager in writing;
c) If you are still unhappy with the response to your complaint, you should put it in writing to Our UK head 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 cost of the Placement will be set out in Our price list in force at the time We confirm your Placement. Please note that the charges quoted in Our price list are for two-week placements and rise incrementally depending on the duration of your Placement. We will confirm the Price for your Placement when We confirm your Placement in accordance with clause 2.4. Our prices may change at any time, but any price changes will not affect a Placement that We have confirmed in accordance with clause 2.4. The cost of the Placement does not include your flights which you must book and pay for separately.
11.2 When you pay the Price:
a) if your First Placement begins within the 12-week period which starts on the day immediately following the day when these Terms become binding in accordance with Clause 2.4, you will pay the Price within 7 days of these Terms becoming binding; or
b) if your First Placement begins after the 12-week period that starts on the day immediately following the day when these Terms become binding in accordance with Clause 2.4, you will pay the Price no later than 12 weeks before the Placement begins.
11.3 Your rights to a refund on cancellation are set out in clause 6.
11.4 For the avoidance of doubt, in this Clause 11 time periods relating to Placement start dates shall be calculated by reference to the original, unmodified, Placement start date.
12. OUR LIABILITY TO YOU
12.1 Clauses 12.2, 12.3 and 12.4 are subject to Clause 12.5.
12.2 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.
12.3 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4. 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 any party involved in your programme over which We have no direct control, such as governments, airlines, local transportation services 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 or resulting from
a) any defect of any vehicle or other equipment (other than Our own);
b) the negligence or default of any person, company or other legal entity engaged in carrying out or performing any of the services involved (other than Our negligence or default or that of own employees); or
c) any accommodation or other travel arrangements you undertake or arrange to undertake that do not form a part of the services We provide.
12.5 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 by Us or Our employees;
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);
e) defective products under the Consumer Protection Act 1987; and
f) any liability that cannot be limited or excluded by law.
12.6 NOT WITHSTANDING CLAUSES 12.1, 12.2, 12.3, 12.4 AND 12.5, AND TO THE EXTENT PERMITTED UNDER LAW WE SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF OPPORTUNITIES, REPUTION, PROFITS OR REVENUES RESULTING FROM YOUR PLACEMENT THROUGH WORK THE WORK OR USE OF OUR SERVICES. IN NO EVENT SHALL THE LIABILITY OF WORK THE WORK EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE REGISTRATION FEE PAID, IF ANY, OR (B) $400 (OR POUNDS). THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILTIY INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, NEGLIGENCE, CONTRACT, EVEN IF WE, OUR OFFICERS OR EMPLOYEES ARE NOTIFIED OF THE POSSIBILTY OF SUCH DAMAGE, SUCH DAMAGES ARE FORESEEABLE AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
If applicable law limits the application of this exclusion of liability, you agree that Our liability will be limited to the maximum extent permissible under the law.
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, Programme 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) Notfying 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.
13.8 You shall defend, indemnify, and hold harmless Work the Work and Our officers, directors, shareholders, subsidiaries, agents, successors and assigns against any third party claim, suit, or proceeding arising out of or related to your actions during or related to your Placement through Us, including without limitation: (claims by host employees, patients or customers; (b) claims related to unauthorized disclosure or exposure of sensitive, patient or personally identifiable information or other private information; (c) claims related to any privacy or confidentiality rights; (d) claims of harassment, defamation, fraud or other intentional actions against a third party based on your action or failure to take action. Your obligations include retention and payment of attorneys and payment of court costs, judgments and settlement.
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, 30 New Road, Brighton, East Sussex, BN1 1BN. 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, 30 New Road, Brighton, East Sussex, BN1 1BN 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 Application.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
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 You agree that this contract constitutes the entire agreement between you and Us and supersedes all prior agreement, written or oral regarding Your Placement. 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 consent and agree to submit to the non-exclusive personal jurisdiction of the English courts.