Teach and Travel China Program Terms and Conditions

IMMERQI GENERAL TERMS AND CONDITIONS OF PARTICIPATION

2. Program Specific Terms and Conditions.
2.1. Additional Program specific Terms and Conditions apply to the Teach and Travel China Program.
2.2. These Program specific Terms and Conditions are made a part of this Agreement by this reference. By agreeing here, you agree to abide by the current Conditions and those specific to your Program.
2.3. If there is a conflict between these Terms and Conditions and the Terms applicable to your specific Program, the latter Terms shall apply.
2.4. The Teach and Travel China Program Terms and Conditions can be found below.

3. Health Insurance
3.1. Prior to your arrival, you must ensure that you have a comprehensive medical, third party liability and travel insurance policy for the period of your trip.
3.2. Proof of cover must be provided to IMMERQI prior to your arrival in China and policy details must be taken with you to China. Failure to do so will result in you being unable to undertake the Program and no refund will be given.
3.3 Ensure you have had all vaccinations and immunizations required for entry into China.

4. Inoculations & Medical Advice
4.1. It is your responsibility to consult a medical doctor and to receive all the necessary inoculations and treatments in relation to China and your Placement within the prescribed period prior to your arrival.
4.2. In addition, you must bring with you any necessary/recommended medication or medical equipment at your own expense.
4.3. You should take reasonable steps to keep yourself in good health by taking any such medication and not participating in any high-risk activities that may compromise your health for the duration of your Placement.

5. Physical and Mental Health
5.1 You represent and warrant that you are in sufficient physical and mental health to participate in the Placement and do not have any physical or mental conditions that could affect your ability to participate in the Placement.
5.2 Your Placement may require you to take an additional physical health check in China. Refusing to do so or failing the check may result in being unable to undertake the Program.

6. Visas
6.1. We will provide you with information to assist you in obtaining a visa to allow you entry into China. However, you are responsible for any costs associated with obtaining a visa.
6.2. You will not be entitled to any refund of any payments you have made to us in the event that your Placement has to be cancelled or significantly curtailed due to the immigration authorities not accepting your visa as adequate in the circumstances set out in 8.1.
6.3. If you choose to withdraw your Placement and visa application prior to the lodgement of the visa application, only a partial refund of the fees paid will be refunded (see your Program’s refund policy).
6.4. Where there is a delay in receiving information from you to lodge the visa application, IMMERQI will not be held accountable for delays in determining a visa, nor will it be accountable if the dates on a visa approval are not in line with your revised start date.
6.5. IMMERQI will not be held responsible for any loss arising from the change of flights, additional accommodation costs or any other costs incurred due to delays in the visa determinations or delays with Placement start dates.
6.6. Any extension or reapplication will attract a new fee. You must contact us 3 weeks prior to your visa expiry if it requires an extension or reapplication.
6.7 Full Program fees must have been paid prior to the visa application process starting. Failure to do so by the payment deadline may cause delays in receiving your visa documentation on time.
6.8 You will not accept any other form of paid employment in China for the duration of your program.
6.9 Your visa is tied to the Program and should you leave your Placement early you may be required to depart China immediately. In this case you will no longer be an IMMERQI program participant and will be responsible for making your own arrangements to leave the country.
6.10 After receiving your visa, check the number of entries and visa expiry date. If you exit China during the Program and require a new visa you will be fully responsible for any associated fees that may arise.
6.11. You are personally responsible for keeping your important documents, such as passport, visa and temporary residence registration, safe and available. If these or other important documents are lost or stolen, you must take full responsibility for replacing these documents. ImmerQi is not responsible for assisting in extending or replacing lost visas.

7. Travel Documentation
7.1 It is your responsibility to ensure that you have a full and valid passport which is acceptable to the immigration authorities and which will be valid for the duration of and for a period of at least 6 months after your Placement.

8. Your Obligations to Us
8.1. You must comply with any reasonable requests by your Placement or by IMMERQI.
8.2. You will take care of and be responsible for any materials provided to you for your use by your Placement. You are responsible for any damage to or loss of such materials.
8.3. You are expected to adhere to our Placement Code of Conduct. This covers, but is not limited to:
a) Respecting the culture and beliefs of others, working responsibly at the Placement
b) Adhering to the dress code requirements of the Placement
c) Respecting the accommodation and other residents
d) Not consuming drugs and participating in illegal activities

9. Force Majeure (Events Beyond Our Control)
9.1 We, or your Placement shall not be in breach of our obligations under these Conditions, be responsible for delay in the carrying out of such obligations, and will not make refunds or be responsible for any costs or expenses you incur, if such breach is as a consequence of war, threat of war, terrorist activity or threat of such activity, riots, civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks, epidemics or other circumstances beyond our control.

10. Security and Government Advice
10.1 It is your responsibility to obtain and, if necessary, clarify information in relation to the political and security situation in China, and to take any reasonable action that may be required.

11. Waiver and Release
11.1. For the purposes of this Agreement, the term “Released Parties” means and refers individually and collectively to your Placement, us, our members, our employees, our representatives and our international partners.
11.2. You hereby indemnify the Released Parties against any and all liability, loss, costs or damages (including consequential damages and pure economic loss) that may be incurred by the Released Parties as a result of claims or charges made against the Released Parties, whether at the instance of a third party or yourself, related to any injury, illness, damage, harm or death a third party or yourself may suffer arising out of your Placement.
11.3. The Released Parties may, without liability or expense to themselves, take whatever action they deem appropriate with regard to you health and safety and may place you in a hospital or health-related facility for medical services and treatment or, if no hospital or health-related facility is readily available, may place you in the hands of a local medical doctor or health provider for treatment or service.

12.Privacy Notifications
12.1. Any images or video taken of you while on an ImmerQi Program belong to ImmerQi and you waive any rights to these.
12.2. The information submitted as part of your application will be shared with potential Placements
12.3. All other personal information which you submit to ImmerQi shall not be made public, sold to a third party, or otherwise distributed or made available outside of the company in any way without your explicit permission.

13. Governing Jurisdiction
13.1. This agreement and the rights and obligations of the parties are governed by the laws of China PRC.
13.2. In the event that any provision of these Conditions, or the application thereof to any party or circumstance, should be determined by the court of proper jurisdiction to be invalid or unenforceable to any extent, the remainder of these Conditions and the application of these to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of these Conditions shall be valid and enforced to the fullest extent permitted by law and in a way consistent with the Parties’ intent as expressed in this agreement.

14. Disciplinary Procedure
14.1. The following behaviour and activities are considered gross misconduct and are unacceptable on any IMMERQI Program. Participants found engaging in such behaviours or activities will be subject to disciplinary action outlined in 14.2.:
a) Wilfully damaging, destroying or stealing property belonging to your Placement
b) Coming to or being at your Placement under the influence of alcohol or illegal drugs
c) Bringing alcoholic beverages (unless with permission), drugs or weaponry onto Placement property
d) Persistent unpunctuality, absence or unexcused absences from class
e) Using explicit or abusive language or behaviour towards your Placement or fellow Participants
f) Disclosing non-public information about your Placement to anyone outside the Placement unless explicit permission is given.
14.2. IMMERQI takes any reports of gross misconduct seriously and is committed to a confidential and full investigation into any allegations. The procedure is as follows:
a) ImmerQi Staff investigates the gross misconduct allegation
b) Any serious incidents of gross misconduct will result in immediate expulsion from the Program
c) For less serious offences, a verbal warning will be issued
c) If there is further misconduct a written warning will be issued.
d) For minor offences, a maximum of one verbal warning and two written warnings will be issued before Program expulsion
e) Expelled participants will receive no refund, in whole or part, of the Program fee and are not eligible to benefit from the support services or amenities provided. Participants will be responsible for any expenses incurred as a result of expulsion.

15. General
15.1. IMMERQI may assign this Agreement or any of its rights, or delegate our obligations, to any third party without your express written consent. You may not assign this Agreement or any of its rights or delegate its obligations without the prior written consent of us. This agreement is binding and enforceable by each party’s permitted successors and assignees.
15.2. The waiver of a breach of any Term or Condition of this agreement will not constitute the waiver of any other breach of the same or any other Term. To be enforceable, a waiver must be in writing signed by a duly authorized representative of the waiving party.
15.3. This Agreement and any form referenced herein constitutes the entire Agreement between us and you with respect to the subject matter contained and supersedes all inquiries, proposals, agreements, negotiations and commitments, whether written or oral prior to the effective date. This agreement may not be amended or modified except by written document signed by both parties.

16. Agreement
In agreeing to these Terms and Conditions you accept and confirm that you:
a) Have read and fully understand these Conditions;
b) Intend that this Agreement be legally binding and enforceable against you and your family, estate, heirs and legal representatives
c) Intend that this Agreement benefit us
d) Confirm that you are at least eighteen (18) years old, or a parent or legal guardian of a participant under 18, fully competent, and entering into this Agreement voluntarily.
e) Understand that this is a legal document
f) Have read and understood this Agreement and all of its Terms
g) Execute this Agreement voluntarily and with full knowledge of its meaning and significance

Teach and Travel China Program Terms and Conditions of Participation

1. Definitions
In this document, the following words shall have the following meanings:
1.1. ‘You‘ and ‘your‘ means the applicant who applies and then takes part in a Placement.
1.2. ‘We‘, ‘us‘, ‘our‘ and ‘IMMERQI’ refer to ImmerQi Beijing Ltd.
1.3. ‘Booking’ refers to the state of your confirmed application after your first program payment is received.
1.4. ‘Online TEFL Course’ refers to the 120-hour Teaching English as a Foreign Language course you are required to complete as part of the program.
1.5. ‘Orientation’ refers to the two-week in-country training period leading up to your teaching placement
1.6. ‘Placement’ refers to your teaching placement and includes the directors, managers, employees, representatives and all other people within their control at the organization.
1.7. ‘Conditions’, ‘Terms’, and ‘Agreement’ refers to these Terms and Conditions of Participation.

2. IMMERQI General Terms and Conditions of Participation
2.1. Participation in the IMMERQI Teach and Travel China Program is regulated by this Agreement and by the IMMERQI General Terms and Conditions of Participation.
2.2. The IMMERQI General Terms and Conditions of Participation are made a part of this Agreement by this reference. By agreeing to these Conditions, you agree to abide by both Agreements.
2.3. The IMMERQI General Terms and Conditions can be found above.

3. Application
3.1. IMMERQI shall start assessing your candidature as soon as a full application has been received with:
a) CV.
b) The completed application form.
c) A professional photo and passport scan
d) Any other documents required by IMMERQI for the application.
3.2. Unless indicated otherwise, IMMERQI requires the receipt of your full application (in clause 3.1) prior to the application deadline (around 8 weeks prior to program start date).
3.3. Your level of English should be suitable to teach English in China for your application to be accepted. IMMERQI may ask for an interview to verify this.
3.4. IMMERQI retains the right to refuse any application it deems unacceptable for any reason.
3.5. IMMERQI retains the right to alter program prices due to currency fluctuations or other reasons at any time up until program fees have been paid.
3.6. Failure to meet program payment deadlines will result in delays and/or exclusion from the program.

4. Online TEFL Course
4.1. As part of the Teach and Travel China Program, you are required to complete and pass a 120-hour Online TEFL Course.
4.2. The Online TEFL Course must be completed within six months and prior to your departure date for China. Failure to complete the course before this date may result in your exclusion from the remainder of the program.
4.3. Once you receive your log in details for the Online TEFL Course, it is considered purchased. The price of the Online TEFL Course is non-refundable from this point.
4.4. If you fail any Online TEFL Course assignment, you will be given the opportunity to complete the assignment again after receiving feedback. You will have three attempts to complete assignments. If you do not pass after the third attempt, you will not be able to continue the program. In this case you will receive a 50% refund.

5. Orientation
5.1. You are required to attend the two-week Orientation in China before your Placement.
5.2. The Orientation will take place in Beijing (2 nights) and Harbin (11 nights) and will consist of cultural activities, tour visits and a 20-hour practical TEFL training component.
5.3. You are required to attend the 20-hour practical TEFL training. Failure to do so may result in exclusion from the program. In this case, IMMERQI will not be held responsible for any loss arising from the change in travel arrangements.

6. Teaching Placement
6.1. You are required to pass the theoretical component of your TEFL certificate to be able to commence your teaching Placement.
6.2. Your Placement details will be announced once in China, at the end of your orientation period.
6.3. To validate your visa and to ensure you are able to receive your allowance, you will be required to sign a contract with your Placement. This will be a standard contract outlining duties, accommodation, transport and termination clauses similar to those described in the present Conditions. You will be required to sign this during Orientation. IMMERQI will help ensure that both you and your Placement abide by this contract.
6.4. Your Placement is organized as a cultural exchange and to provide you with teaching experience. The placement location and student age-range cannot be guaranteed and are not valid reasons for Placement changes, cancellation, or refund.
6.5. You will be allocated to a Placement in a location with at least one other Program participant nearby.
6.4. IMMERQI is in no way responsible for any damages caused by you directly or indirectly during your Orientation or Placement, regardless of the nature of the damages. You accept full responsibility for your actions. Ensure you purchase comprehensive insurance that covers 3rd party liability for any such damages.
6.5. This agreement in no way constitutes an employer/employee relationship. IMMERQI is the program facilitator and is not your employer, contracting organization or any other mechanism that may constitute an employer/employee relationship.
6.6. IMMERQI is under no obligation to find you an alternative Placement if:
6.6.1. You are released by your Placement due to: unprofessional behavior, inability to perform tasks due to inaccuracies on your CV with regards to experience or/and abilities including language ability, inability to physically perform required tasks, not adhering to Placement rules, leaving your Placement without prior authorization from IMMERQI or your Placement, your visa being cancelled due to failure to comply with immigration rules, personal health issues that may prevent temporarily or permanently from continuing your Placement.
6.6.2 You are required to work the number of hours stated in your contract. Refusal to work the hours as required by your Placement may constitute you cancelling your Placement and IMMERQI will be under no obligation to arrange an alternative Placement
6.7. Some Placements may require you to submit to an additional health examination once in China. You are required to comply with any reasonable health check demands. Your Placement will cover any costs associated with this.

7. Teaching Duties
7.1. Your primary responsibilities will be to teach students in the method required by your Placement. Your Placement may provide a syllabus, basic teaching guidelines, or leave you to teach what you see fit.
7.2. You are expected to adapt lessons depending on class size. Classes in China may contain up to 60 students, particularly in middle school or high school.
7.3. In the event that you cause physical harm to a student, your participation in the program will cease immediately and you will be required to leave China immediately and at your own expense. You may also be liable to criminal prosecution should your student’s family choose to press charges.
7.4. You are required to be extremely vigilant while supervising students. In cases where a student is injured under your care, participation in the Program may be terminated immediately if requested by your Placement.
7.5. You may be required to represent your Placement in activities or events internal or external to the Placement. You are contractually obligated to assist with these as long as your Placement provides at least 48 hours advance notice. You will be given additional days off or additional remuneration if
these activities take place outside of Placement hours.
7.6. Your Placement may supply you with a teaching assistant at its own discretion.

8. Working Hours and Time Off
8.1. You are required to intern 35 hours a week at your placement. During this time you may be expected to complete the following tasks:
a) Face to face teaching. You will be expected to teach 10 to 15 hours per week.
b) Lesson preparation
c) English corner
d) Special promotional work
8.2. Your Placement may require you to teach or intern extra hours. They should offer additional days off or additional remuneration for this. You may agree to take on this extra work at your own discretion.  
8.3. Your Placement should provide you with a weekly timetable determining what you are expected to work on during your 35 intern hours per week. You are required to abide by this timetable.
8.4. You will be expected to work 5 days per week, followed by 2 consecutive days off. Days off will not necessarily be on weekends.
8.5. You will be entitled to paid leave on all People’s Republic of China national public holidays. Please note that you will be expected to work the preceding or following weekends to compensate for consecutive public holidays in accordance with Chinese national public holiday policy.
8.6. Should your Placement require you to work during these holidays, they are obligated to provide you with a minimum of two weeks notice and offer time off at a later date or additional remuneration. You may agree to work these extra days at your own discretion.
8.7. Should you wish to apply for a leave of absence, you will be required to write a formal notification to your Placement. Your Placement will then need to approve this leave. All approved leave will be unpaid.
8.8. Any leave taken without your Placement’s consent will be regarded as absence from work and your Placement will deduct twice your daily allowance per absent day. In this case, your Placement also has the right to deduct an addition RMB 250 per absent day from your completion bonus.
8.9. When applying for sick leave, you are required to inform your Placement in advance if possible (except in emergency situations). You will then need to supply a note or certificate from the hospital within 3 days of seeing a doctor. Without a valid note or certificate, your time off will be considered unapproved absence from work and incur the penalties described in 8.8. All sick leave will be unpaid.
8.10. If you are repeatedly late for work without reason, your Placement may issue you with a warning. If the issue persists after this warning, your Placement has the right to deduct one day’s living allowance for every occasion of tardiness. Repeating this behavior after an official warning has been issued may ultimately lead to your Placement cancellation.

9. Stipend and Expenses
9.1. Your Placement will present you with your RMB 2000 living allowance on the 15th of every following month.
9.2. Your allowance for your last Placement month will be given to you on the last day of your Placement along with your completion bonus.
9.3. Your monthly living allowance will not be reduced due to national public holidays.
9.4. Your monthly living allowance is calculated based on standard attendance of 22 intern days per month.
9.5. Your living allowance for your first and last Placement months will be calculated based on your number of days actually interned in these months.
9.6. You will receive your full living allowance for all other Placement months. Any absence or approved leave days will be deducted from this full amount.
9.7. IMMERQI does not act as a recruitment consultant for the purpose of paying applicants. All stipends received are to be used as a living allowance and do not constitute a wage.
9.8. Upon successful completion of your program, you will receive a program completion bonus. Should you fail to complete the program, you will not be entitled to any cash bonus.

10. Airfare
10.1. You are responsible for arranging and paying for your own travel (including your airfare) to Beijing for your Orientation.
10.2 You are responsible for arranging and paying for your return journey from Beijing at the end of your Placement.
10.3. Travel costs from Beijing to Harbin during your Orientation will be covered by IMMERQI.
10.4. All travel costs from Harbin to your Placement and from your Placement back to Beijing will be covered by your Placement.
10.5. We cannot reimburse or otherwise be responsible for any flight, travel or other costs or expenses of any nature (including, for example, any charges made by airlines etc. for cancelling, changing or transferring flights or other arrangements) which are incurred or arise as a result of your Placement not proceeding or being cancelled, curtailed, withdrawn or changed due to any circumstances whatsoever.
10.6. If you arrive outside of the assigned Program pick up day you will be required to make your own way to the Orientation meet up location or pay an additional 350 RMB for airport pick up. Should you arrive earlier than the official arrival date you will also need to arrange your own accommodation for the extra night/s.

11. Accommodation and meals
11.1. IMMERQI will organize accommodation for you during your Orientation. This will consist of a room and bathroom shared with up to four other program participant. You will have two nights of accommodation in Beijing and 11 nights of accommodation in Harbin.
11.2. For the remainder of your time in China your Placement will provide accommodation. You will have a private bedroom and access to shared toilets, bathroom and kitchen facilities. Your accommodation may be on or off campus depending on your Placement.
11.3. You should abide by any accommodation rules as set forth by your Placement. This might include, but is not limited to, rules regarding houseguests and curfew.
11.4. You are liable to your Placement directly for any damage to property and/or household items caused by your own negligence and/or actions. You will be required to pay for any damage to property and/or household items.
11.5. Your Placement shall bear the actual cost of water, gas and electricity fees (at a reasonable rate) in the apartment. The standard is 150RMB/ person/month. You are expected to bear any costs exceeding this standard.
11.6. Your Placement shall supply three free meals per internship day through its canteen or other means. If your Placement cannot provide food due to limited facilities, it shall provide you with a food allowance in the following amounts:
a) Breakfast: RMB 150/month/person
b) Lunch: RMB 300/month/person
c) Supper: RMB 300/month/person
11.7. Any food allowance will be paid together with the monthly living allowance.
11.8. After your last teaching day, your Placement will provide a minimum of three additional days of accommodation for you to prepare your departure.

12. Cancellation and Postponement
12.1. No refund will be offered if you choose to end the Placement early for any reason. Your Program expenses are paid in advance by IMMERQI and are non-refundable to us. Your visa is tied to the program and should you leave your Placement early you may be required to depart China immediately.
12.2. No alternative Placement will be offered if you leave your Placement within the initial four weeks (except as detailed in 12.3). The initial period of four weeks is for settling in and learning about your Placement culture and daily life.
12.3. IMMERQI will immediately remove you from your Placement in the case of severe Placement negligence. Placement negligence is limited in definition to the following:
a) Sexual harassment or discrimination
b) Inability of the school to offer the agreed Placement
12.3.1. In the case of severe Placement negligence, IMMERQI will provide you with alternative accommodation for up to 5 days.
12.3.2. After this 5-day period you will be given the option to request another Placement or to leave China.
12.4. In the event that you request another Placement due to the reasons mentioned in Section 10.3., IMMERQI will provide you with one alternative.
12.5. In the case of less severe issues IMMERQI will act as a third party to try to resolve any conflicts between yourself and your Placement.
12.6. If you wish to request a new Placement, you are required to give your Placement and IMMERQI at least two weeks written notice (except in cases detailed in 12.3) and provide valid reasons for your decision.
12.7. If you wish to leave the program, you are required to give your Placement and IMMERQI at least 10 working days written notice (except in cases detailed in 12.3).
12.9. You may postpone your Placement start date within 2 weeks of submitting your application at no extra cost. Postponements after 2 weeks from submitting the application will incur an extra administration fee. Postponing within 4 weeks of the arrival date may result in additional charges.
12.10. If you cancel your Program booking, the refund policies are as follows:
a) You have not begun your Online TEFL Course, and cancellation is received up to 14 days after your booking has been received: eligible for a full refund.
b) Cancellation once you have begun your Online TEFL Course or more than 14 days after your booking has been received: cancellation fee of USD 350
c) Cancellation after application for visa invitation letter: cancellation fee of USD 650.
d) Cancellation 30 days or less from the arrival date: cancellation fee of 50% of total program fee
e) For cancellations received after program commencement, there can be no refund.

13. Termination of Agreement
13.1. We have the unilateral right to terminate, without prior warning, this Agreement by written notice (“Unilateral Termination”) and no alternative Placement will be offered in the event of you being asked to leave your Placement for any of the following reasons:
a) Negligence in terms of misconduct or disobeying Placement procedures and policies
b) Inability to perform duties required by your Placement due to inaccurate information provided in your initial application
c) Leaving your Placement without informing IMMERQI at least two weeks prior and/or without being given approval to do so by IMMERQI
d) Taking time off for holidays, personal reasons without prior agreement from your Placement
e) Taking sick leave without providing your Placement with an adequate medical certificate if asked to do so
f) Changing working hours without prior permission from your Placement
g) Demanding additional payments from your Placement
h) Acting in a way that adversely affects your Placement.
13.2. In the event of Unilateral Termination:
a) You will be required to leave your Placement immediately; and
b) You will not receive your monthly stipend or completion bonus
c) We accept no responsibility for any costs, expenses or losses suffered as a result of Unilateral Termination. You will not receive a refund or any other compensation.
d) We accept no responsibility for any costs, expenses or losses suffered as a result of termination by you for personal reasons. You will not receive a refund of any payments you have made or receive any other compensation.

14. Agreement
In agreeing to these Terms and Conditions you accept and confirm that you:
a) Have read and fully understand these Conditions;
b) Intend that this Agreement be legally binding and enforceable against you and your family, estate, heirs and legal representatives
c) Intend that this Agreement benefit us;
d) Confirm that you are at least eighteen (18) years old, or a parent or legal guardian of a participant under 18, fully competent, and entering into this Agreement voluntarily.
e) Understand that this is a legal document
f) Have read and understood this Agreement and all of its Terms
g) Execute this Agreement voluntarily and with full knowledge of its meaning and significance.