Limitation of liability

In no event shall Women and Children of Africa (WCA), its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) the use or the inability to use the Service; (v) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Service; (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; and (vii) any other matter relating to the Service.

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To the fullest extent possible by law, the maximum liability of any released party arising out of or in connection with the Service or your use of our content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise) will not exceed £100 or local equivalent as per WCA's exchange rates.

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You also agree to defend, indemnify and hold us harmless from and against any claims, demands, actions, suits, including without limitation reasonable professional fees, alleging or resulting from (i) your use of the Service or reliance on any third-party content (ii) your use of or reliance on any Content, or (iii) your breach of these Terms of Service. 

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Dispute resolution

Please read this section carefully. It affects your rights.

You agree that by using this website you are:

• Waiving the right to participate in a class action

• Agreeing to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding

• ​Agreeing that any arbitration will take place on an individual basis

• waiving the right to a court or jury trial

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These Terms of Service and the relationship between you and us shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions, regardless of where you live. You agree to submit any disputes to the legally binding arbitration service, Dispute Settlement Services Ltd, at your expense. Should we be found to be in the wrong, your reasonable costs of filing the dispute will be reimbursed by order of the arbitration body. Any such arbitration, to the extent necessary shall be conducted either in the United Kingdom or in a mutually agreed location. You agree not to bring any action against us in any other forum.

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Any cause of action or claim you may have arising out of or in any way relating to these Terms of Service, your use of the Service or website, or your dealings with the company must be brought for arbitration within one year after the cause of action occurs. Attempted actions brought after the one year period are barred.

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Disclaimer

Your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

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We do not warrant that a) the Service will function uninterrupted, be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. You are solely responsible for any damage to your computer system, mobile device, data loss, data theft or other damages that result from the download or use of any material from the Service. Should you be required to use material or software from any third-party supplier or service, you remain solely responsible for any damage to your computer system, mobile device, data loss, data theft or other damages that result from the download or use of any material or software from that third-party supplier or service. You expressly understand and agree to this disclaimer in full.

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Indemnities

You agree to defend, indemnify and hold us, our managers, owners, officers, directors, employees, agents, subsidiaries, affiliates, assigns and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

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What are the legal bases for your processing of my Personal Data?

The legal grounds for our processing of your Personal Data for the purposes above are:

• first and foremost, you provided your consent by agreeing to this Policy, which you may withdraw at any time by emailing us at WOMENANDCHILDRENOFAFRICA@GMAIL.COM;

• it is necessary for our contractual relationship;

• the processing is necessary for us to comply with our legal or regulatory obligations; and/or

• the processing is in our legitimate interest as a provider of the services described in this Policy and on the Platform (for example, to protect the security and integrity of our systems and to provide you with customer service and the core functionality of our services).

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With whom may your personal information be shared?

Women and Children of Africa may disclose your Personal Data to third party vendors to fulfil product orders, process mailings, or to process, analyse, and/or store data. 

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For this reason, you hereby agree that for every authorisation which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You also agree that we may share your information with business partners who may independently reach out to you about products or services which you have expressed interest in on our site as well as third parties who we work with in furtherance of specific functions you sign up for on the Platform, such as scholarships, contests, and other programs booked on the Platform (collectively, these business partners and third parties are referred to as “Partners”). We will attempt to ensure that these entities do not use your Personal Data for any other purpose and that they have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from us. While their use of your Personal Data is beyond our control, by agreeing to this Policy, you do consent to our Partner’s use of your Personal Data as described above.

To the extent permitted by applicable law, we reserve the right to disclose your Personal Data if we believe that you are violating the Terms of Use, or if we believe that you may be causing injury to or interference (intentionally or unintentionally) with WCA rights or property, other users of the Go Overseas site, or anyone else who could be harmed by your activities.

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WCA may also have message boards and/or chat areas, where users can exchange ideas and communicate with one another. When posting to a message board or chat area, please be aware that the information is being made publicly available online and the user does so at his or her own risk.

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When will my information be shared with law enforcement?

We reserve the right to disclose your Personal Data to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US laws or the terms of our Terms of Use or Privacy Policy or if we believe that a third party is at risk of bodily harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.

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To the extent permitted by applicable law, we may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Platform, or our Terms of Use. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.

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Amendments, Cancellations and Curtailment and Late Payment

Amendments or cancellations must be confirmed in writing.

Extensions, can be accommodated if given 1 weeks notice.

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if you stay at your placement over your invoiced duration, we’ll charge you an additional amount per day to cover your food, accommodation, and support. 

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We allow one amendment to your destination, project, or duration free of charge. For each further amendment, our charge is £75 plus any costs incurred by us.

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Cancellation and curtailment charges depend on how far in advance of your stated departure date we have been informed in writing. Your stated departure date refers to the earliest of either: the “preferred departure date” entered on your original application form or any subsequently agreed upon date. If only a month and a year are specified on the application form, for administrative purposes the stated departure date will be considered the 1st of the month specified.

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a) Notice of 3 months or more: your deposit only will be held by WCA. 

b) Notice of 2 to 3 months: two thirds of total programme fee will be refunded

c) Notice of 1 to 2 months: one third of total programme fee will be refunded

d) Notice of less than one month: no refund

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Exceptions are entirely at the discretion of WCA and must be agreed in writing at the time when any postponement or cancellation is made.

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If your project is cancelled due to COVID-19, and you applied on or after 21st August 2020, we will guarantee you a full refund.

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Amendments, once your placement has started, are at the discretion of WCA. As a guide only, 14 days notice is normally the minimum required.

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If you curtail your programme for any reason other than for a breach by us of our obligations, we cannot pay any refunds and you would be responsible for any additional costs involved, including the cost of repatriation, subject to any claim that you may have under your insurance policy. At our sole discretion we will consider a request to make an ex gratia refund to you of any savings that we might make (such as on your board and lodging). We reserve the right to charge you an administration fee.

Where a programme involves two or more destinations it is treated as a single indivisible programme, inclusive, apply as if the programme involved a single destination.

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You must pay all amounts due to WCA three months before departure, where “departure” means the preferred departure date indicated on your original application or any new date agreed in writing between you and  WCA for whatever reason. Exceptions to this obligation include agreed late amendments and additions and payments due if your application was accepted within three months of departure (defined as above), in which case the full payment is immediately due. If you do not qualify as an exception and do not pay all amounts when due, we reserve the right to impose a surcharge and we will normally impose at least a surcharge of £100 or €125, increasing the later payment is made, without prejudice to our right to terminate the agreement for failure to pay.

Book your trip and pay with confidence: If your project is cancelled due to COVID-19 related travel bans or if your destination is added to the UK's red list, we’ll guarantee you a full refund.

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