Us, we, our or the company means Medical Service Learning Ltd, a company registered in Scotland (Company Number SC767725) with a registered address at 84 Commercial Street, Edinburgh, Scotland, EH6 6LX.
Your Contract means the contract formed between you and us for your participation in the Medical Service Learning program. Your Contract is formed when you submit an application for the Medical Service Learning program. Your Contract is subject to these Terms and Conditions (Terms).
Your program start date always means the program start date selected on your original application or the program start date we have subsequently agreed with you, whichever is sooner.
Governing Law & Jurisdiction
Your Contract is governed by and shall be construed in accordance with the laws of Scotland.
All disputes arising out of or in connection with your Contract shall be subject to the exclusive jurisdiction of the Scottish courts.
Registration
Your registration fee is payment for us processing your application, arranging your admission interview, taking up references as required and reserving you a place on the program for specific dates.
Your registration fee must be paid before we are able to process your application.
Your registration fee is non-refundable if you change your mind or cancel for any reason after submitting your application except in accordance with clauses 3.4 and 3.5 of these Terms.
If you notify us within 24 hours of submitting your application that you wish to withdraw or cancel the application, we will refund your registration less a charge of GBP £25 to cover administrative costs.
If in our reasonable opinion you have made every effort to succeed in your application (including attending your admission interview) but we do not offer you a place on the program then we will refund your registration fee in full.
Your admission interview
Your admission interview is a personal assessment by a senior member of our team of your suitability to participate in the program. This is an important element in our duty to protect all participants in the program and ensure that our partner hospitals and patients are not put at risk.The interview is usually conducted by telephone or video link and lasts approximately 30 minutes.You must make yourself available for your interview at the time and date we give you or contact us and arrange a mutually convenient alternative. If you miss your interview and have not arranged an alternative slot within 30 days of submitting your application, your Contract will be automatically cancelled and you will forfeit your registration fee.
Program fee
Your program fee is payment for your learning placement and accommodation (see clauses 6 and 7).
Except as set out in clause 5.3, your program fee must be paid in full no later than 90 days before your program start date.
Your program fee must be paid on the due date for payment, except where we have agreed (at our discretion) in writing that you may pay the program fee in instalments, in which case:
The first instalment must be paid no later than 150 days before your program start date;
The second instalment must be paid no later than 90 days before your program start date;
The third instalment must be paid no later than 30 days before your program start date.
If you fail to pay your program fee or any instalment of the program fee by the relevant due date for payment, we will notify you of a late payment and you will have 7 days to make payment in full of the required sums, otherwise your Contract will be automatically cancelled at the end of the 7-day period.
Where your Contract is cancelled due to your non-payment or late payment of your program fee in accordance with clause 5.4, we will not refund any portion of the program fee you have paid to date.
Learning placement
We will provide you with a learning placement as described for your chosen program on our website (https://medicalservicelearning.com), including appropriate professional supervision and mentorship.
You should note that the placements we provide are experiences of real-life working hospitals and community settings and as such factors like schedule, working hours, patient volume, specific mentor workload and activities can be unpredictable and subject to frequent change. We will use reasonable efforts to ensure that your overall experience during the program is as valuable as possible, but we are not responsible for the ordinary variability of the hospitals and other settings.
Accommodation
We will provide you with accommodation from your program start date until midday on your program end date.
We will not be responsible for your accommodation at any time before or after the specified arrival or departure times for your program.
Your accommodation will be in a shared bedroom with other participants of the same sex. If you are uncomfortable with this or wish to share a room with specific people, you should contact us in advance of your program start date to discuss your options.
Your accommodation includes all of your meals while at the accommodation, use of all communal and social facilities at the house, daily transfers to the hospital and agreed airport transfers on arrival and departure.
Your accommodation will usually be in our own guesthouse. If this becomes unavailable for any reason, we will provide you with alternative accommodation of an equivalent standard.
You are responsible for any damage caused to the accommodation while staying and will take good care of all furniture and fittings in the accommodation.
Please note that local conditions and product availability mean catering for some dietary requirements (including allergies) may be challenging or impractical in your program location, but we will use reasonable efforts to accommodate requirements of which we are made aware.
If you have any dietary requirements (including allergies) that you would like us to take into account, you should inform us in writing before your program start date, and no later than 30 days before your program start date.If you have any dietary requirements (including allergies) that you must follow and/or failure to follow them could put you at serious risk, you must inform us in writing at least 30 days before your program start date.
Your conduct
You will be provided with the Program Code of Conduct specific to your program, which you must sign and adhere to. For the avoidance of doubt, the Program Code of Conduct is hereby incorporated in and forms a part of these Terms.
If you breach the Program Code of Conduct or otherwise behave in a way that we reasonably deem to be inappropriate or disrespectful, we reserve the right to suspend you from the program or to place restrictions on your continued participation in the program.
If you breach the Program Code of Conduct or otherwise behave in a way that we reasonably deem to be dangerous or offensive, we reserve the right to exclude you from the program.
Effective immediately on exclusion, your Contract with us will be terminated, you will not be able to continue participating in your program or stay in the program accommodation and you will be required to return home. We will offer any reasonable assistance necessary to facilitate your safe return home, such return being at your expense.
If you are suspended or excluded from the program you will have no right to any refund or compensation for the program for any part of the program that is missed.
If you are suspended or excluded from the program, we reserve the right to reject any future applications from you immediately on receipt of those applications.
Changes to your booking
You can make changes to your program at any time prior to your program’s start date, subject to availability and our prior agreement to the change in writing.
An administration fee of £45 plus any costs as incurred by us in relation to those changes will be charged for each change you wish to make to your program.
Cancellation by you
You can cancel your Contract at any time prior to your program start date by notifying us in writing.
If you cancel your Contract, any program or registration fees you have paid at the time of your cancellation will not be refunded.
Cancellation by us
The nature of our programs means that we may need to amend details of your program (such as the hospital in which you are placed or the specific accommodation) from those originally given to you. We will minimise such changes, and inform you promptly if changes do arise.
There may be exceptional circumstances which mean we will need to cancel your Contract with us. We reserve the right to cancel your Contract at any time and for any reason before your program start date.
If we cancel your Contract in accordance with this clause 11, we will notify you at least 45 days before your program start date and refund all fees you have paid to date (including the registration fee).
Unless we have cancelled your Contract due to your conduct (see clause 8), you can apply to join a future program with us, but we cannot guarantee that you will be accepted.
If we cancel your Contract, we will not be liable for any other costs you may incur, such as flight tickets or other related expenses.
Complaints
If you are unhappy with any aspect of the program or our service, it is important that you follow the procedure in this clause 12 to give us fair opportunity to resolve the issues.
In the first instance, you should speak directly to the local Medical Service Learning manager in charge of your program on the ground. He or she is there to provide support for you and should be able to resolve any issues quickly and efficiently.
If you are not satisfied with the response from the local manager (or you are unable to speak to that person) after 24 hours, you should set out your concerns clearly in an email to [email protected].
If you are still not satisfied with the response, you must set out your specific complaint(s) in detail including what action (if any) you would like us to take in an email to [email protected] not more than 30 days after your program end date.
Travel
You will be responsible for booking and paying for all travel to and from the specified arrival location for your program. You must book your travel so that you arrive and depart within the specified times for your program.
We will arrange for your transportation to and from the specified arrival location for your program, unless you have booked travel outside of the specified times for your program.
To participate in the Medical Service Learning program, you must have personal travel insurance in place, including appropriate emergency medical coverage, for the duration of your program.
You must provide us with details of the personal travel insurance before your program start date.
We may offer the option for you to purchase this insurance through us, or you can purchase the insurance any other way.
Events beyond our control
We will not be liable or responsible where an act or event beyond our reasonable control (Event Outside Our Control) has made it so that we are unable to provide or continue your program, or where we must delay the start date of your program. An Event Outside Our Control includes, but is not limited to, security threats, terrorist activity, political instability, natural disasters, pandemics or epidemics.
If an Event Outside Our Control takes place:
we will contact you as soon as reasonably possible to notify you; and
our obligation to provide or continue a program will be suspended for the duration of the Event Outside Our Control.
If an Event Outside Our Control takes place and continues for more than 30 days:
we reserve the right to reschedule or cancel your program; or
you may cancel your Contract by notifying us in writing.
If we cancel your Contract because of an Event Outside Our Control, we will not be liable to return any program fees you have paid to date, but we will make all reasonable efforts to offer you a similar program at another date. We will not be responsible for any costs in changing your program to another date.
An Event Outside Our Control may occur while you are on your program, in which case we will inform you as soon as possible whether the program can continue. If the program needs to be terminated due to the Event Outside Our Control, we will inform you of this as soon as reasonably practical and we will provide you with any reasonable assistance you require in order to return home. We will not be responsible for any costs you incur in such cases, including any flight or accommodation costs.
Our liability Your attention is particularly drawn to this clause
References to liability in this clause 15 include every kind of liability arising under or in connection with your Contract, including but not limited to liability in contract, delict (including negligence), misrepresentation, restitution or otherwise.
We are only responsible to you for foreseeable loss and damage caused by our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot be limited or excluded by law.
Subject to clause 15.3 and applicable law, our total liability to you for all losses arising under or in connection with your Contract will in no circumstances exceed the program fee paid by you.
Variation of these Terms
These Terms are binding above all other agreements as far as the law allows. Variation to these Terms can only be made by written agreement from a Director of the company.
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