Terms and Conditions

Participant Agreement

Parties:

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.       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.  Those Fees are non‑refundable.

1.3    If, 60 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 70% of the Agreed Fees. You agree that the 30% 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 and criminal record are true, complete and correct.

2.2    You must:

(a)      provide Us with documents and information upon request, including birth certificate, copy of information pages of passport, school transcript, references, information about all known pre-existing 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 or another company with good standing of Our choosing;  

(e)      obtain and maintain comprehensive travel insurance for the full period of Your time abroad issued through Letz Travel Pty Ltd or another company with good standing of Our choosing.

(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.

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 as this is a decision made solely by the school;

(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 including discount vouchers, and additional helpful information;

(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 school, leaving the school earlier than the departure date stipulated by the school or in the School Contract or any other conduct by You which the school or We deem to be inappropriate in the circumstances;

(b)     breach of any Australian, New Zealand, British, South African or local law of a country in which the school is located;

(c)      failure to disclose all relevant information, or disclosure of incorrect information, to Us or the school;

(d)     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 platforms.

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;

(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    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.       Privacy

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.

7.2    You agree that We may collect, use and disclose Your personal information in accordance with Our Privacy Policy available at https://www.letzlive.org/ and may disclose Your personal information to Our Associates, employees, related bodies corporate, third party suppliers and service providers in connection with providing Our products and services to You, professional advisers, dealers and agents, payment systems operators (eg merchants receiving card payments), Our existing or potential agents, business partners, anyone to whom Our assets or businesses (or any part of them) are transferred, and/or other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

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.       General

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.

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 otherwise.    

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