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and conditions
Terms and conditions
Your use of this website and services offered by
FourDistinctSeasons
is subject to the following terms and conditions, which you are deemed
to accept each time you use the website: –
Information on this site
1. Whilst we make every effort to ensure that the
information on this site is accurate and complete, third parties supply
some of the information to us and we are not able to check the accuracy
or completeness of that information. We do not accept any liability
arising from any inaccuracy or omission in any of the information on
this site or any liability in respect of information on this site
supplied by you, any other site user or any other person.
Your use of this site
2. You may only
use this Site for lawful purposes when seeking employment or help with
your career or when recruiting staff. You must not under any
circumstances seek to undermine the security of the Site or any
information submitted to or available through it. In particular, but
without limitation, you must not seek to access, alter or delete any
information to which you do not have authorised access, seek to overload
the system via spamming or flooding, take any action or use any device,
routine or software to crash, delay, damage or otherwise interfere with
the operation of this Site or attempt to decipher, disassemble or modify
any of the software, coding or information comprised in the Site.
3. You are solely responsible for any information
submitted by you to this site and FourDistinctSeasons.
You are responsible for ensuring that all information supplied by you is
true, accurate, up-to-date and not misleading or likely to mislead or
deceive and that it is not discriminatory, obscene, offensive,
defamatory or otherwise illegal, unlawful or in breach of any applicable
legislation, regulations, guidelines or codes of practice or the
copyright, trade mark or other intellectual property rights of any
person in any jurisdiction. You are also responsible for ensuring that
all information, data and files are free of viruses or other routines or
engines that may damage or interfere with any system or data prior to
being submitted to this site. We reserve the right to remove any
information supplied by you from the website at our sole discretion, at
any time and for any reason without being required to give any
explanation.
Interruptions and lapses in
service
4. Whilst we try to ensure that the standard of
this website remains high and to maintain the continuity of it, the
internet is not an inherently stable medium, and errors, omissions,
interruptions of service and delays may occur at any time. We do not
accept any liability arising from any such errors, omissions,
interruptions or delays or any ongoing obligation or responsibility to
operate this website (or any particular part of it) or to provide the
service offered on this website. We may vary the specification of this
site from time to time without notice.
Information you submit
5. We will use
information supplied by you (including, without limitation, sensitive
personal data) to aid the recruitment process and associated
administrative functions. This involves us, amongst other things,
processing and storing information (including, without limitation,
sensitive personal data) and passing or making available online such
information to prospective employers and clients; information about
vacancies and placements will be passed to candidates and may be posted
directly onto the website. We may collect and aggregate data from the
information supplied by you to help us to understand our users as a
group so that we can provide you with a better service. You consent to
us using information provided by you (including, without limitation,
sensitive personal data) in each of these ways.
We will process any data that you provide in completing the online
registration or application forms and any further forms, assessments or
personal details that you complete or provide to us when using this site
in accordance with UK data protection legislation. We explain more about
your personal data in our Privacy Policy.
Liability
6. We accept no liability for any loss (whether
direct or indirect, for loss of business, revenue or profits, wasted
expenditure, corruption or destruction of data or for any other indirect
or consequential loss whatsoever) arising from your use of the site or
services offered by FourDistinctSeasons,
and we hereby exclude any such liability, whether in contract, tort
(including for negligence) or otherwise. We hereby exclude all
representations, warranties and conditions relating to this website and
your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs,
expenses, claims, losses, liabilities or proceedings arising from use or
misuse by you of this site.
You must notify us immediately if anyone makes or threatens to make any
claim against you relating to your use of this site.
Applicable law
7. The use of this website and any agreements
entered into through this website are to be governed by and construed in
accordance with Scottish law. The courts of Scotland are to have
exclusive jurisdiction to settle any dispute arising out of or in
connection with the use of this website or any agreement made through
this website.
Some of the goods or services offered through this website may not be
lawful or may otherwise not be permitted in certain countries outside
the United Kingdom. If you attempt to order, receive, purchase or
otherwise benefit from any such goods or services, we do not accept any
liability for any losses suffered by you in using this website which you
would not have suffered had you been accessing this website as a United
Kingdom resident (including as a result of us being prevented from
dealing with any application or enquiry by any law, regulation or other
ruling applicable in any country).
Copyright
8. The site and all material on it is our
copyright and may not be copied, distributed, licensed, or reproduced in
any way whatsoever, but you are permitted to print or download extracts
from it for personal use only.
9.As an applicant to
the FourDistinctSeasons
Teach in Korea Program, I am aware that my participation on the FourDistinctSeasons
Teach in Korea Program is contingent upon my understanding and agreement
to uphold the Terms and Conditions below.
10.
For the purpose of the terms and conditions applicant refers to the
teacher seeking employment through FourDistinctSeasons
and the teachers already placed by FourDistinctSeasons
in a school or institution of employment. Participant refers to an
applicant who has signed a contract with an institution.
11.FourDistinctSeasons
bears no financial liability or other obligation for acts undertaken by
the schools, institutions of employment and applicants who use FourDistinctSeasons.
12. The applicant understands that the contract of employment is between
the school or institution of employment and the applicant and that FourDistinctSeasons
forms no party to the contract of employment.
13. In cases where the applicant breaches the contract of employment
leading to dismissal or other liability, or in cases of forced
redundancy due to school closure; FourDistinctSeasons
is not obliged to find a new position of employment for the applicant.
13a. In cases outlined in (13); FourDistinctSeasons
may find the applicant a new position depending on the circumstances
entirely at the discretion of FourDistinctSeasons.
14. All information that FourDistinctSeasons
provide to the applicant regarding the teaching position and
accommodation is representation by the school or institution of
employment. FourDistinctSeasons
bears no responsibility for the content of that information and is not
liable for deliberate or accidental misrepresentations, errors or
omissions made by the school or institution of employment.
14a). If the misrepresentation, error or omission referred to in (14)
constitutes a breach of the contract of employment, FourDistinctSeasons
is not obliged to find a new position for the applicant
14ai). FourDistinctSeasons
may find the applicant a new position depending on the circumstances
entirely at the discretion of FourDistinctSeasons.
15. All information that FourDistinctSeasons
provide to the school or institution of employment regarding the
applicant is representation by the applicant. FourDistinctSeasons
bears no responsibility for the content of that information and is not
liable for deliberate or accidental misrepresentations, errors or
omissions made by the applicant. The applicant understands that such
misrepresentations, errors or omissions may constitute a breach of the
contract of employment and lead to dismissal.
16. FourDistinctSeasons
does not bear any liability for the loss or damage of documents due to
the act of any person, agency, company, school or institution, private
or public that is not directly employed by FourDistinctSeasons.
Costs
and legal responsibilities of FourDistinctSeasons
17. Providing the service of introductory agent
whereby, with the assistance of overseas partner organizations, FourDistinctSeasons
introduces candidates to overseas schools/institutions.
18. All expenses
within the UK
related to the negotiation of a contract and placement of a teacher into
a school/organization overseas. This is not inclusive of any expenses
incurred personally by the applicant, such as personal phone calls,
emails or faxes made outside of the FourDistinctSeasons
offices.
19. The collection of
all legally required documentation necessary to obtain visa sponsorship
in the placement country.
20. Coordination of
visa sponsorship on behalf of the applicant.
21. Support and
general, non-legal advice to both the school and teacher during the term
of the contract.
22. In the unlikely event that an applicant’s
documents are misplaced whilst in the possession of FourDistinctSeasons,
FourDistinctSeasons
agree to reimburse the teacher all costs associated with their
replacement. FourDistinctSeasons
does not agree to reimburse for costs associated with any loss during
transit to South Korea or whilst in possession of your placement school
in South Korea.
Costs and legal responsibilities of the applicant
23. All costs associated with obtaining necessary
documentation and administration costs required for visa processing.
The total cost for visa processing and administration amounts to £117.00
FourDistinctSeasons
will start to process your placement as soon as we receive your
Placement Confirmation, including couriering your documents to our
offices in South Korea. For this reason the amount of £117.00 is
non-refundable should you wish to cancel your placement. This is to
cover the costs incurred on your behalf.
When FourDistinctSeasons acts as a travel agent
24.
FourDistinctSeasons
acts as a travel agent when the applicant signs the Agent Agreement with
four distinct seasons. FourDistinctSeasons arranges and pays for the
applicant’s travel costs to The Republic of South Korea and the place of
residency therein. The applicant understands that by signing the Agent
Agreement the applicant then becomes personally liable for
non-refundable costs of the applicant’s travel to The Republic of South
Korea and the place of residency therein in the event that the applicant
does not use the tickets booked in the applicant’s name on behalf of the
applicant by FourDistinctSeasons
acting in the capacity of agent.
Agent Agreement
I hereby give consent to FourDistinctSeasons
to arrange my travel to my place of residency in The Republic of South
Korea, by reserving transport tickets in my name.
I agree that the costs of my travel to my place of residency in The
Republic of South Korea are to be paid by FourDistinctSeasons
and that FourDistinctSeasons
have full liberty to choose any transport tariff without restrictions.
HOWEVER: I understand that by signing this Agent Agreement, I the
applicant am personally liable to repay FourDistinctSeasons in full all
non-refundable costs of my travel to my place of residency in the
Republic of South Korea in the event that I do not use the tickets
reserved in my name and paid for by FourDistinctSeasons acting in the
capacity of agent.
25. All personal costs
such as travel (unless paid by the School as stated in the contract),
medication, insurance (unless paid by the School as stated in the
contract), buying personal supplies and publications and work related
materials they choose to take to their placement country.
26. All postage or courier delivery costs of
documents sent to either FourDistinctSeasons,
to the placement country, or the placement country Embassy in your
country of residence.
27. To understand that
if they are dismissed or leave during the contract period that their
School can insist they refund any air travel payments you have received
to work in the placement country.
28. To read all
contract and employment documentation carefully and to be aware that
they will be working under the labor law of that placement country. The
contract is legally binding in the placement country, and is not
applicable to the teachers’ country of residence’s employment, civil
laws and regulations.
29. Should you
withdrawal from your placement following acceptance of a job offer and
commencement of visa processing it will be your responsibility to obtain
your documentation from the Ministry of Justice in South Korea.
General
30. The applicant
agrees that all the information provided in the application is true to
the best of their knowledge and acknowledges that any false or
misleading information may lead to immediate dismissal from the Program.
31.The applicant agrees to send FourDistinctSeasons
all documentation required for visa/sponsorship processing at least one
month in advance of the placement start date. If the placement start
date is less than one month in the future the applicant must send
documentation directly to South Korea for visa processing.
32. FourDistinctSeasons
makes no warranty of any kind, expressed or implied, as to the
suitability of the Program for any participant and FourDistinctSeasons
disclaims all such warranties to the full extent permitted by law.
33. The participant
agrees to pay all costs associated with visa processing in full before
departure.
34. All travel
arrangements, including flight bookings, are subject to the terms,
conditions and cancellation policies of the travel or tour organizer or
airline.
35. FourDistinctSeasons
reserves the right to dismiss from the Program any participant who is
deemed, by FourDistinctSeasons,
the host institution, or South Korean authorities, to be a danger to
themselves or others or whose conduct is deemed to be detrimental to the
Program or their host institution. In the event of such dismissal, FourDistinctSeasons
shall not be held responsible for any airfare, charges or any other
expenses incurred by the participant.
36. All conditions of
employment and the availability of all positions are subject to change
without notice.
37. The participant shall be responsible for and
held liable for all of his or her acts along with any loss or damage
that results from those acts while he or she is on the Program. In the
event that FourDistinctSeasons,
its affiliates and overseas co-operators, the host institution, and or
any respective employees, agents and representatives of any of these
entities suffer any loss or damages as a result of the acts of the
participant, then the participant agrees to indemnify the party that
suffered such loss or damages. Such claim for indemnification shall
cover any and all reasonable claims, causes of action, judgments,
losses, costs or expenses which may be made against any of the parties
listed or which said parties may suffer or incur as a result of or
relating to any acts of the participant.
38. The participant should be aware that although
it is possible to specify an earliest start date, FourDistinctSeasons
can make no guarantees that a placement will commence on an exact date.
Placements may commence any time after the participants earliest
possible start date. FourDistinctSeasons
does not advise participants to issue notice to current employers until
a placement has been secured, and will not accept responsibility for
participants who choose to do otherwise. In the unlikely event a
suitable position has not been located within 3 months of your earliest
start date we will contact you to discuss ways to improve your
application.
39. In the unlikely event that a placement is
cancelled by the employer prior to departure through no fault of the
teacher, FourDistinctSeasons
will present the participant with alternative employment opportunities
until the participant agrees upon a suitable placement. In the event
that the employer cancels a placement, FourDistinctSeasons
cannot be held liable.
40. Although the
Korean employer provides basic health insurance, it is the
responsibility of the participant to obtain comprehensive travel and
medical insurance should the participant feel this necessary. You
should consider this carefully, but as an absolute minimum we would
recommend that you must ensure your travel insurance covers at least
light work; the cost of cancellation by you; the cost of assistance
including repatriation in the event of accident or illness; legal
liability and expenses; lost baggage; cancelled flights; medical
expenses; kidnapping; liability arising due to personal injury to you or
a third party; cancellation of your placement for any reason beyond our
control.
41. The participant is
responsible for considering his or her personal health and safety needs
when applying for or accepting a place on the Program. If the
participant suffers from any health or other condition that would create
a risk for them while abroad, he or she should not apply.
42. FourDistinctSeasons
reserves the right to withdraw the offer of placement at a later date if
evidence or circumstances arise that result in the participant being
considered no longer suitable for a teaching position overseas.
43. The participant is
responsible for reading and carefully considering all materials made
available that relate to safety, health, legal, environmental,
political, cultural and religious customs and conditions that may
present health or safety risks when making daily choices and decisions.
Each participant must take full responsibility in the event that laws,
regulations, or customs are broken, regardless of foreknowledge.
44. Although FourDistinctSeasons
operates this Program, other terms and conditions applicable to the
participant will be contained in a separate contract between the
participant and the host institution. FourDistinctSeasons
will endeavor to monitor compliance with the contract by the host
institution; however, FourDistinctSeasons
has no power or authority to enforce compliance by the host institution,
and shall not be responsible for any failure by the host institution to
comply with such contract. Employment contracts are between the
participant and the host institution, not FourDistinctSeasons.
45. While FourDistinctSeasons
will always endeavor to fulfill its responsibilities, FourDistinctSeasons
cannot accept liability or responsibility and will not pay any
compensation for any alterations, delay or cancellation caused by
circumstances beyond our control including threat of war, fire,
sickness, bad weather, acts of government or public authority or other
circumstances amounting to a “force majeure”.
46.
At all times FourDistinctSeasons
will act as a source of general advice, but never as a legal advocate,
and it must be noted that in no way can FourDistinctSeasons
be held accountable by either party for any situation out of our control
arising after a contract is signed and/or visa issuance undertaken.
47. FourDistinctSeasons
may update these terms and conditions at any time, without prior
notice. Up to date terms and conditions can be found at
http://www.fourdistinctseasons.com.
Applicable Law
48. This contract is
subject to Scottish Law.
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