Terms and Conditions
1. LETZ LIVE PTY LTD ACN 118 758 080 AS TRUSTEE FOR THE LETZ LIVE TRADING TRUST (“We, Us”) as detailed in Item 1 of the Schedule; and
2. THE PARTICIPANT (“You”) as detailed in Item 2 of the Schedule.
Terms of Agreement:
1.1 We and You have entered into this Agreement on the date in Item 3 of the Schedule.
1.2 We have agreed to provide Services as detailed in Item 4 of the Schedule to You at Your request and You have agreed to pay Us all Agreed Fees for those Services as set out in Item 5 of the Schedule. The Agreed Fees are non-refundable.
1.3 If, 90 days after the intended placement start date, it remains impossible for Us to provide the Services or you to attend the Placement due to government restrictions imposed because of a pandemic then we will refund you up to 60% of the Agreed Fees. You agree that the 40% deduction represents our reasonable work and administrative costs relating to the Services, Placement and refund.
1.4 You will promptly complete and sign the Application Form and any other documents We require to enable Us to provide the Services.
2. Your Obligations and Warranties
2.1 In making this application, You warrant that:
(a) You do not have any criminal record and if You are charged with or convicted of a criminal offence after submitting the Application Form, You must immediately notify Us in writing; and
(b) the information in the Application Form and any other documents completed and/or signed by You and supplied to Us, including details of Your health (inclusive of mental health) and criminal record, is true, complete and correct.
2.2 You must:
(a) provide Us with documents and information upon request, including, but not limited to, birth certificate, copy of information pages of passport, school transcript, references, information about all known pre-existing health and mental health conditions and any other issue that may affect Your placement with a school by Us (“Placement”);
(b) complete and sign the Authority (Annexure 1 ) and the Medical Appraisal Form (Annexure 2);
(c) if asked to do so sign a separate agreement with the overseas school (“School Contract”) and comply with the terms and conditions in the School Contract, any code of conduct and rules and regulations of the school in which You are placed. You agree that any non-compliance or breach of the School Contract is also a breach of this Agreement;
(d) book all Your travel required in relation to this Agreement and the Services through Letz Travel Pty Ltd if you are based in Australia or New Zealand;
(e) obtain and maintain comprehensive travel insurance for the full period of Your time abroad issued through Letz Travel Pty Ltd;
(f) acknowledge that You are able to support Yourself financially for the duration of the Placement and that You have investigated and satisfied Yourself about all of the likely expenses You will incur; and
(g) complete all paperwork in a timely fashion and respond to all reasonable requests for information and actions which are deemed necessary by the School and Letz Live.
3. Our Obligations
3.1 We agree as follows:
(a) to consider Your Application and determine (in our sole discretion) if You will be accepted for Placement and, if You are accepted, We will apply for and recommend Your Placement at a school We choose;
(b) if the school accepts You, which is at the sole discretion of the school, We will confirm Your Placement in writing. However, We do not guarantee You a Placement or that the school will be suitable for You. The school has sole authority to decide whether you are suitable to commence and continue the Placement at any time. You have sole responsibility to decide whether or not the recommended school is suitable for your Placement prior to commencing the Placement;
(c) at Your written request, at no extra cost to You, We will provide You with:
(i) guidance on the required visa, entry clearance, immigration procedures and travel conditions in Your destination country. Please note We cannot complete forms on Your behalf;
(ii) pre-paid mobile phone SIM card for Your destination country; and
(iii) arrival pack with various promotion products and helpful information as advertised from time to time on our website;
(d) at Your written request providing full details, We will use reasonable endeavours to assist You to resolve a problem during Your Placement, provided first You have used Your best efforts to resolve the problem locally with the school.
4. Breach of Agreement
4.1 You agree that a breach of this Agreement by You will include (but is not limited to):
(a) failure to comply with any term or condition of this Agreement, any term of the School Contract or any code of conduct, rules and regulations of the left;
(b) leaving the school earlier than the departure date agreed with Letz Live or the School (unless we provide you with a written release authorising you to leave);
(c) any conduct by You which the school or We deem to be inappropriate in the circumstances;
(d) breach of any Australian, New Zealand, British, South African or local law of a country in which the school is located;
(e) failure to disclose all relevant information, or disclosure of incorrect information, to Us or the school;
(f) engaging in socially disruptive activities which may be unlawful or likely to bring the School or Us into disrepute and failure to adhere to the usual rules and conventions of good practice when using social media or email platforms; or
(g) privately seeking or arranging your own Placement with one of our affiliate schools at anytime after entering into this Agreement. This includes a second year placement in the School we place you in.
4.2 If You are in breach of this Agreement, We will be entitled to terminate this Agreement by immediate notice in writing to You and the effect of termination of the Agreement will be as follows:
(a) Your acceptance for Placement will be revoked and if You have taken up Your Placement, You may be required to return to Your country of residence and You will be responsible for all costs and expenses incurred as a result of termination including all travel costs;
(b) Upon demand, You must pay Us for any loss or damage incurred due to the termination of the Agreement for your breach including, but not limited to, Our reasonable legal and administrative costs relating to the termination, costs relating to the school, Our travel to the school and our reputational loss or loss of opportunity to place further students at the school; and
(c) neither We nor the school will have any further obligation to You and the provisions of clause 6 will apply.
5. Liability and Indemnity
5.1 You accept full liability for any claim, loss, damage or liability of any nature incurred by You arising out of this Agreement, Your Placement, travel, attendance at and engagement with the school, conduct, health, accident or any other matter whatsoever.
5.2 You agree that any insurance cover You take out under this Agreement is a contract of insurance with a registered insurer to which all claims must be directed and that neither We, nor Our agents, Letz Travel Pty Ltd, are insurers.
5.3 You agree to release Us and Our Associates from all claims, losses, damages and all other liabilities of any nature arising out of this Agreement, the Placement, the School Contract, termination of this Agreement, Your inability to take up the Placement, any postponement or cancellation of the Placement or withdrawal of the school’s offer, legislative changes or other matters beyond Our control unless the liability arises directly from Our or Our Associates’ wilful default or negligence. Under no circumstances will We or Our Associates be liable to You for any unanticipated, consequential or indirect loss.
5.4 You agree to indemnify Us and Our Associates from and against all claims, losses, damages or other liability which We may incur arising out of any of the matters set out in clause 4 or for any other act, omission or conduct for which You are responsible.
5.5 You agree not to denigrate or disparage Us, the school, Letz Travel Pty Ltd or any affiliate of the Letz Group through social media or review platforms and will immediately remove any such post, comment or review upon our request.
5.6 Nothing in this clause 5 or in this Agreement generally is intended to displace or limit any mandatory statutory warranties or guarantees which cannot legally be displaced or limited. Our total liability will be limited to a refund of Our Agreed Fees or resupply of the Services, at Our option.
6. Parent or Guardian Bound by Agreement
Where this Agreement is signed by Your parent or guardian on Your behalf (if You are under 18 years of age), the parent or guardian agrees to be bound by the terms of this Agreement including Your warranties as though named as a party and will be responsible for payment of the sum in clause 4.2(b) if You breach Your obligations.
7.1 You must complete and sign the Authority contained in Annexure 1 to authorise Us to make necessary enquiries about Your suitability for Placement and We will comply with the Privacy Act 1988 (as amended) in handling Your personal information.
7.3 You acknowledge that We may use Your name, likeness, photograph or other image for marketing, advertising and promotional purposes without compensation unless prohibited by law.
8.1 The parties acknowledge that there is no relationship of employer/employee or partnership between them.
8.2 This Agreement is personal to You and cannot be assigned to any other person. We may assign any of Our rights or obligations under this Agreement without Your written consent.
8.3 This Agreement is the entire agreement between the parties and supersedes all communications, negotiations, arrangements and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.
8.4 This Agreement may be executed electronically and in any number of counterparts.
8.5 No variation of this Agreement shall affect the terms unless the variation is in writing and executed by both parties.
8.6 This Agreement is governed by the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of courts exercising jurisdiction there.
8.7 In this Agreement, reference to an Associate of Us includes persons so defined under the Corporations Act 2001 and Our officeholders, shareholders, agents, suppliers, providers, partners and trust beneficiaries unless the context requires otherwise1.