TERMS AND CONDITIONS OF PURCHASE
This document sets out the terms and conditions upon which VAC Logistics CC t/a Volunteer Adventure Corps (“VACorps”) agrees to accept you (“the Participant”) as an intern or volunteer on one of the programs offered by VACorps. By signing these terms, you acknowledge that you have read, fully understood, had the opportunity of obtaining legal advice and accepted all of the terms herein.
- The Participant may apply to attend a program via the VACorps website www.vacorps.com.
- The Participant’s application shall only be considered upon doing relevant background checks. These may include and are not limited to a criminal background and a credit check.
- VACorps reserves the right to refuse the Participant’s application for any reason in its sole discretion.
- VACorps reserves the right to amend any programme or price in its sole discretion.
The VACorps Program Fee of $2550 is divided into three payments:
$350 Program Deposit.
$650 Program Acceptance and Session Confirmation.
$1550 Program Final Payment
- The Participant shall make a refundable deposit of USD 350.00 (three hundred and fifty United States dollars) in order to begin the placement process as per the VACorps Program Deposit Terms and Conditions.
- On acceptance of an internship placement and program slot ( Either session 1, 2, 3, or 4 ) The participant has 14 days in which to pay the $650.00 (Six Hundred and Fifty United States dollars) and thus secure a place in the program.
- In the event of payments not being made strictly in accordance with the foregoing, VACorps shall be entitled to remove the Participant from the list of participants attending the program and to replace the Participant with another participant. In this instance, the Participant forfeits the refundable deposit and $650 Program Acceptance fee referred to above, and, depending on when the Participant fails to make the payment which is due, the remaining terms in this document shall be applicable.
- When payment of any amount due to VACorps is made, the Participant shall ensure that proof of payment is provided to VACorps for the purposes of confirming the Participant’s reservation.
All payments shall be made into a bank account nominated by VACorps for that purpose.
All payments shall be free of any bank fees or deductions.
ACCOMMODATION, INTERNSHIP, AND ACTIVITIES
- VACorps shall refer the participant to secure program accommodation through a third party service provider in Cape Town for the duration of the program.
- The accommodation shall be of a reasonable standard at the discretion of VACorps and the terms of such accommodation shall be regulated by way of separate agreement to be entered into between the Participant and that third party.
- In the event that the program accommodation is at capacity, the Participant may obtain private accommodation until such time programme accommodation is available. VACorps will inform the Participant as soon as possible of any capacity issues.
- VACorps shall utilize its best endeavors to place the Participant in an internship or volunteer position with a third party. The terms of such internship or volunteer position shall be regulated by way of separate agreement to be entered into between the Participant and that third party.
- The Participant undertakes to fulfill any terms and other rules regarding his/her internship. The Participant shall arrive at work in a punctual manner, fulfill time commitments, respect his/her colleagues and approach tasks with enthusiasm and an open mind.
- VACorps may from time to time arrange excursions for the Participant such as tourist visits, recreational activities, community projects, and cultural activities. The terms on which such excursions will be arranged will be regulated by way of separate agreement to be entered into between VACorps and the Participant.
- In the event of a program placement being canceled for any reason, VACorps shall, where possible, offer the Participant an alternative program placement.
- Where such alternative program is not available or suited to the Participant, VACorps shall refund the Participant any money that has been paid for that program and the Participant agrees that he/she shall have no further claim against VACorps for any loss or damage incurred as a result of this cancellation.
- In the event of the Participant cancelling his/her attendance at the programme: 61 (sixty-one) days or more prior to the commencement of the programme, the Participant shall be entitled to a refund of 70% (seventy percent) of the programme fee; more than 30 (thirty) days but less than 61 (sixty-one days prior to the commencement of the programme, the Participant shall be entitled to a refund of 50% (fifty percent) of the programme fee; less than 30 (thirty) days prior to the commencement thereof, the Participant shall be liable to VACorps for the full program fee.
It is the responsibility of the Participant to determine the nature of any insurance, repatriation costs, travel documentation and visas required and to ensure that all his/her travel documentation, including but not limited to passports, any necessary visas and/or medical certificates, have been obtained and are in order as VACorps takes no responsibility in this regard. The Participants are solely responsible for their baggage and personal effects whilst travelling to the programme, occupying the accommodation provided and attending the programme, and VACorps recommends that Participants purchase trip cancellation insurance and ensure that such insurance covers the cost of air tickets and other non-refundable trip payments as well as international medical, baggage loss and delay insurance.
The Participant acknowledges that he/she realizes the potential hazards that may arise in respect of his/her participation in the program, including injury, disease, loss or damage of property, inconvenience or discomfort and indemnifies VACorps against any loss, injury, death or damages suffered as a result of the Participant attending the programme, travelling to and from the programme and whilst occupying the accommodation provided or while the Participant remains in the Republic of South Africa. The Participant indemnifies and holds harmless VACorps in respect of all and any loss, injury, illness, death, damages suffered by him/her whilst traveling to or attending the programme, from whatsoever cause arising.
“VACorps” and the relating trademarks and goodwill are the intellectual property of VACorps and the Participant does not have any right to use this trademark unless VACorps specifically consents thereto in writing.
- The intellectual property (which includes all right in copyright) in all materials provided by VACorps to the Participant in respect of the programme, including manuals, articles, books, magazines, graphics, software and the like is owned by VACorps and may not be reproduced, displayed, or used by the Participant without VACorps’s prior written consent. Any such use is strictly prohibited and will constitute an offense and an infringement of VACorps’s intellectual property rights as the owner of such material.
- VACorps reserves the right to take photographic or film records of any program, which recording may include the Participant’s voice and/or likeness or other intellectual property rights. The Participant grants VACorps the rights to use such records for promotional and/or commercial purposes without limitation and without liability.
HEALTH AND SAFETY GUIDELINES
- It is entirely the Participant’s responsibility to ensure that he/she is free from any condition which would affect his/her capability to undertake the program and to apply him/herself to it. Should any condition manifest itself which precludes the Participant from attending the program or participating fully in it, he/she shall have no claim against VACorps either for a refund of the programme fee or in any other respect whatsoever.
- The Participant shall not make any travel plans during the dates of the programme unless otherwise approved by both the internship site supervisor and VACorps. Any travel requests shall be submitted via email to a member of the VACorps staff. If a Participant’s trip is approved, the Participant is obligated to make the VACorps staff aware of any relevant travel arrangements. Furthermore, the Participant fully assumes all of the risk associated with regional travel and releases VACorps from any and all liabilities to the maximum extent permitted by law.
- The Participant acknowledges that he/she has been made aware of the fact that certain townships and low-income areas of Cape Town are potentially dangerous to visit independently and without VACorps supervision. The Participant shall ensure that any independent visits to such areas shall only be made after notifying a member of the VACorps staff of their intention. VACorps holds no liability towards the Participant for these independent visits.
RULES AND REGULATIONS
- VACorps reserves the right to create and apply a code of conduct (including due performance requirements) in respect of the programmes, and the Participant hereby agrees to be bound by the rules set out in such code.
- VACorps reserves the right to exclude the Participant from any program for failing to pay any fees or failing to comply with any rules or the terms of this contract (without in any way detracting from the right of VACorps to recover fees payable).
REMOVAL FROM PROGRAMME
- The Participant agrees that VACorps shall be entitled to remove him/her from any programme without prior notice and with immediate effect in any of the following circumstances:
- The Participant has made a material misrepresentation in his/her application;
- It comes to the attention of VACorps that the Participant has contravened any law of the Republic of South Africa;
- The South African Police Services have arrested the Participant or the Participant has been charged in connection with a crime or been detained for questioning in connection with a crime;
- VACorps, acting reasonably, resolves that the Participant has exhibited unacceptable, reckless or inappropriate behavior towards any third party, including, but not limited to, other Participants in the program or a staff member, and/or where complaints have been laid against the Participant by any such third party;
- The Participant has failed to maintain a strictly professional relationship with any of his/her supervisors;
- The Participant has engaged in any behavior or activity that may bring VACorps, its program, or its third-party suppliers into disrepute, or may be detrimental to the program.
- The Participant has made an independent visit to a township or low-income area in contravention the above rules.
- The Participant is deemed for any reason whatsoever to be an undesirable element in the program.
- The Participant is deemed by a VACorps staff member to no longer be in a healthy state (physically or mentally) to remain in the program. VACorps will consult with medical professionals to assist in such a decision, but retain the right to make the final call on removing a participant from the program.
- In the event of the Participant’s removal from the program in terms of the above, the Participant hereby agrees that VACorps shall not be liable for any damages or costs suffered by the Participant as a result thereof and that the Participant shall not be entitled to a payment or a refund of any amounts incurred by him/her, including, but not limited to, programme attendance fees, travel costs, accommodation costs and legal costs.
- Should any dispute, disagreement or claim arise between the parties, the parties shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.
- The parties both agree that in no circumstance will either party publicise the dispute on any social media or other platforms. The parties understand that publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
It is agreed that neither party shall be liable for delay or failure to perform any obligations contained herein if such delay is due to acts of God, fire, earthquake, labour dispute, war, martial law, government order, riot, revolution, outbreak of epidemic diseases, or any other cause beyond the reasonable control of the parties.
- All notices given by the Participant to VACorps must be sent to the following address: Loft G7, No 5 Howe Street, Observatory, 7925, Cape Town. VACorps may give the Participant notice at either the email or the postal address that the Participant provided when booking a program which shall serve as the Participant’s domicilia citandi et executandi.
- Notice will be deemed received and properly served immediately when sent by email or three days after the posting of any letter. In proving the service of any notice, it will be sufficient to prove that an email was sent to a specified email address of the Participant.
- Survival of Rights, Duties, and Obligations: Termination of this agreement for any cause whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
- Variation of this Agreement: No alteration, consensual cancellation, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by both parties.
- Governing law: This agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa. All disputes, actions and other matters in connection with this agreement shall be determined in accordance with such law.
- Cumulative Rights and Remedies: The rights and remedies of the parties under this agreement are cumulative and in addition to any rights and remedies provided by law.