Please read the below Terms & Conditions carefully.
The Working Holiday Club Service Agreement
1. Please read the following terms and conditions carefully. You must not make any application or submit any documents unless you understand and agree with the following terms and conditions in their entirety.
1.0 The Working Holiday Club Obligations
1.1 Enquiry
1.2 Upon receipt of an official enquiry a professional working holiday relocation expert will; (i) review the Client’s work experience and assess suitability for overseas placements. (ii) assess support level requirements and recommend the correct package to suit budget, travel plans, and experience levels.
2. Application for pre-arranged work
2.1 TWHC is a relocation and support service for young people participating in working holiday programs. We do not act as an employment agency and do not charge fees for job placement or recruitment. Program fees relate solely to relocation support services, including visa guidance, accommodation assistance, orientation, and access to employer networks. All employment relationships are entered into directly between participants and independent employers, and participants are free to accept or decline any opportunity.
2.2 Upon full payment by the Client of the Program fee TWHCC will; (i) prepare and make an application to an overseas company for placement of the Client. (ii) provide a support line for pre-departure planning. (iii) Initiate relevant services such as Visa guide/assistance, accommodation, bank accounts, security cards, SIM cards, or any other service that is relevant to the package paid for.
2.3 The Client acknowledges that TWHCC does not guarantee that the Client will obtain a placement or will be suitable for placement with a package that includes job support.
2.4 The Client understands that if they are unsuccessful in their initial resort interview TWHCC reserves the right to schedule further interviews with different Resorts, Hotels, and Businesses until all avenues have been exhausted.
2.5 The program fee is NOT refundable should the client cancel their booking for any reason. This includes being unable to travel due to illness or injury. In this scenario we can offer for you to delay your application to a later season as long as this is done prior to the dates outlined in 2.4a
2.5a The programme fee will be forfeited should you cancel after the specific dates below according to your booking - this includes delaying your departure. You can delay your booking at any point before the dates outlined below. After these dates, your payment is forfeited.
Summer: 15th Feb or Winter: 15th May
2.6 The Client acknowledges that the program fee is non-refundable should any part of the service have already begun and a job rejection has not been given.
2.7 The Working Holiday Club is unable to offer refunds as a result of travel not being possible due to natural disasters, global pandemics, or any travel bans/restrictions in place by the WHO. In this scenario, we can offer to hold funds on file as a credit indefinitely to be used when the client can travel. The client would be liable to pay any price differences in the programme fee when they choose to resume their booking. The client is liable to pay any price differences when resuming their booking.
2.8 The client understands that all funds paid are non-refundable and will not be waived under any circumstances unless the party has been deemed unsuitable by the TWHCC.
2.9 The Client acknowledges TWHCC will promote them to TWHCC clients and the Client will treat this with respect and respond to emails and requests from the employer promptly. Should the Employer withdraw a job offer due to the lack of commitment from the Client THWCC will not be held responsible for refunds or any expenses resulting due to the Client's negligence.
2.10 The Client understands that should they fail to show up to work on the agreed time and job offers are withdrawn TWHCC will not be held responsible for a refund or any other expenses which have resulted due to the Client's negligence. TWHCC is only the facilitator not the mediator of the employment relationship.
2.11 Force Majeure - TWHCC and its affiliates shall not be responsible for, or deemed to be in default because of delays in or failure to provide programmes due to causes beyond its reasonable control and not being limited to civil ward, war between nations, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents, any act of Government, Governmental priorities, allocations, regulations, or orders affecting materials or facilities, acts of God or the public enemy, failure of transportation, epidemics, or quarantine restrictions.
3. Placement
3.1 TWHCC will assist and guide the Client throughout the process of securing overseas work placements.
3.2 The Client acknowledges that should the International Employer withdraw its offer of placement for any reason TWHCC is not liable to the Client for any amount or in respect of any matter arising out of such withdrawal. TWHCC will review alternative employment options available to the participant within the country and withhold the right to attempt to place the participant in all other resort/hotel/business avenues before a refund may be considered.
TWHCC will consider and prioritize applicants location preferences, however we will determine which location of your preferences you will be set up. This can be based on employer pre requisites, your pre screening interviews, skills, personality and experience.
4. Client’s Obligations
4.1 The Client must be fully committed to an overseas working holiday/ relocation service before engaging the services of TWHCC consultants.
4.2 The Client must be able to work legally in the country where the placement is to occur and the Client must obtain, at its own cost with our guidance, any required visas to do so and comply with all requirements of such visas. TWHCC will offer step-by-step visa guidance as part of its services to the client, however will not offer refunds if the visa is declined due to criminal records or not following instructions.
4.21 All participants must agree that they have checked the visa eligibility requirements for that country before starting the application process. The client understands that under no circumstances refunds will be given to participants who have had their visas denied at any stage of the process. Should the client not be selected from the pool of eligible candidates for a working holiday visa by the Canadian Government no refunds will be offered by TWHCC.
4.3 The Client is responsible for all travel costs incurred when travelling to and from the country where the placement is to occur and to their employer.
4.4 The Client must obtain, and maintain, at its own cost comprehensive travel insurance for the full duration of the placement.
4.5 The Client undertakes to comply strictly with the Work Contract, code of conduct, rules, and regulations of the company with which the Client enters a Work Contract.
4.6 The Client acknowledges that any breach of the said Work Contract, code of conduct, rules, and regulations by the Client will constitute a breach of this Agreement & may result in termination of their contract with the resort &/Or TWHCC.
4.7 The parties agree that there is no relationship of employer/employee between them.
4.8 The Client acknowledges and agrees that some jobs will have varied start dates and reduced hours due to weather/economic/political and seasonal fluctuations. The Client will ensure that they have sufficient funds to cover their expenses should these circumstances arise.
4.9 The Client acknowledges that TWHCC only facilitates the employment arrangement between the Client and a company and the Client will carry out the duties and responsibilities of the position so arranged. Any employment arrangement is solely between the Client and the employer. This employment arrangement is temporary and runs for the duration of the Work Contract. The Client understands that if its work is not satisfactory to its employer, the employer has the right to terminate the employment of the Client. The Client agrees to work the entire period as stated in the Work Contract.
4.10 The Client warrants and agrees that it will be available to commit to work or any other Client Agreement The Working Holiday Club Service Agreement service provides, set out by each package paid for.
4.11 The Client acknowledges and agrees that a refund of the package fee shall at all times be at the sole and absolute discretion of TWHCC and that TWHCC shall at no time be under any obligation to refund any part of the package fee to the Client once already traveled.
4.12 The client understands they will be held liable for defamation and loss of business should they make public any negative communication about The Working Holiday Club, its partners, or associated businesses.
4.13 The client acknowledges that it is their responsibility to obtain a working holiday visa to Canada and understands that TWHC offers no guarantee that a visa will be issued to them.
4.14 The client acknowledges that there are only a certain amount of visas issued to each country per year and TWHC offers no guarantees that the client will receive a visa
4.15 The client acknowledges that should they not be issued with a working holiday visa a refund will not be issued. However, a credit will be offered and the client will be able to apply again for the following year/s.
5. Client’s Warranties
5.1 The Client warrants that he or she does not have any criminal record and that should he or she incur a criminal record at any time after the official enquiry the Client will immediately inform THWCC and provide details of such a record.
5.2 The Client warrants that all particulars in the application form signed by the Client, including particulars of the Client’s physical health, limitations, traffic history, and criminal record, are true and correct.
6. TWHC Warranties
6.1 TWHCC warrants working only with approved and vetted service providers to ensure club members' safety and wellness as its top priority.
6.2 TWHCC reserves the right to offer your emails to partnered working holiday program facilitators which TWHCC believes will provide positive services or outcomes to its participants.
6.3 TWHCC warrants that all Clients’ complaints and concerns are promptly reviewed and resolved.
6.4 TWHCC warrants the highest level of professionalism by consulting using their own experience to ensure the correct package is offered at all times.
7. Indemnity
7.1 None of TWHCC, its Directors, Shareholders, Officers, and Employees are liable for any act or omission of the Client either arising out of this Agreement or out of the Work Contract except where the liability results from wilful default or misconduct of TWHCC, its Directors, Shareholders, Officers or Employees.
7.2 The Client hereby indemnifies TWHCC, its Directors, Shareholders, Officers, and Employees against all liability resulting from acts or omissions of the Client concerning this Agreement and to the Work Contract howsoever arising and whether within Australia or overseas.
7.3 TWHCC and its Directors, Shareholders, Officers, Employees, and Partners are not liable for any sickness, injury, criminal conduct, hindered travel, death, acts of war, or acts of nature that may result throughout any stage of the programme or the employment contract.
8. No Assignment
8.1 The Client acknowledges that this Agreement is personal to the Client and is therefore not capable of assignment to any other person by the Client. Client Agreement The Working Holiday Club Service Agreement
9. Entire Understanding
9.1 This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement.
9.2 This Agreement supersedes any prior agreement or understanding of anything connected with the subject matter of this Agreement.
9.3 Each party has entered into this Agreement without relying on any representation whatsoever by the other party or by any person purporting to represent that other party.
10. Variation
10.1 Any amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties.
11. Governing Law and Jurisdiction
11.1 The law of Queensland governs this Agreement.
11.2 The parties submit to the non-exclusive jurisdiction of the Courts of Queensland and the Commonwealth of Australia.
12.0 Regulations & Policies At the point of sale
12.1 The Working Holiday Club products and services are aligned and compliant with all related policies and regulations relating to my working holiday package. Should any policies and regulations change between your purchase date and arrival date, an urgent update will be sent to you. I accept The Working Holiday Club is not liable for any changes made to policies and compliance changes from either the Government, Financial Institute, or any other compliance-related changes affecting my working holiday package.
13. Time is of the essence
13.1 Time is of the essence of this Agreement.
13.2 If you have purchased the additional Canadian Visa Guarantee Service TWHCC will not refund your visa service fee should you fail to gain employment with one of our partners.
14. Special Conditions
14.1 While accommodation may be included for a particular individual, TWHCC assumes no responsibility for housing deposits, payments, cleaning, bonds, or any other item, obligation, or requirement. It is the responsibility of the individual to ensure that they meet all required payments when due and abide by all rules and requirements stipulated by the rental agency or household owner. TWHCC assumes no responsibility for any participant being removed or evicted from their premises for any reason. The participant also understands that not abiding by house rules and legislation may result in their contract being terminated.
15.0 Privacy Policy
15.1 The Working Holiday Club is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively, “Products”). This policy covers The Working Holiday Club website The Working Holiday Club.com.uk.nz and is applicable worldwide.
This policy outlines our handling practices and how we collect and use the Personal Data you provide during your online and offline interactions with us. As used in this Privacy Policy, ”Personal Data“ means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, postal or other physical address, title, and other personally identifiable information.
If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland, or Switzerland, you may have additional rights concerning your Personal Data, as further outlined below. These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway, or Iceland.
The Working Holiday Club will be the controller of your Personal Data that is provided, collected, and/or processed under this Privacy Policy, except where otherwise expressly stated below. Should you wish to contact us about data protection, you can find our up-to-date contact information by emailing updatemyinfo@theworkingholidayclub.com. Also, If you have any reason for complaint in regards to how we handle personal data please contact us immediately.
If you believe we store or process information about you, you can contact us at support@theworkingholidayclub.com to request a copy of this information and/or information about how we use this information. We will then take steps to verify your identity, before responding to your request. There is no fee payable for this service. If we do hold information about you, and you find it to be inaccurate, you may provide accurate information and ask us to correct this. You may also request that we erase data that we hold about you, or request that we refrain from processing it in a particular way, which, after verifying your identity, we will comply with where there isn’t an overriding legal reason for us to continue to store or process your data in this way.
In this Privacy Policy we explain what data we collect from you, why we collect it, how we use it, and with whom we might share it. It also explains what rights you as a data subject have and how you can fulfill them.
This Privacy Policy applies to any data processing done by us in connection to your use of our services. To provide you with the best possible service we require your consent to collect, use, disclose, and store personal or sensitive information. Your privacy is important to us and we will take appropriate steps to ensure that the information you provide remains secure.
Please be aware that by providing personal information e.g. applying for a vacancy or submitting your CV you consent to our privacy policy. If you inform us that we cannot collect, use, disclose, and store personal or sensitive information, we cannot assist you in your search for employment.
This policy may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review our Privacy Policy when returning to our website. What is personal information? The Working Holiday Club will collect personal information about you that may include your contact details. E.g. your phone number, address, opinions from referees regarding your work performance, qualifications, results of skills testing completed, and any other information that we may seek relating to your employment, or you that provide to us.
What is sensitive information?
We may also collect sensitive information (for example information about your membership in a trade union or health information) if required for the recruitment process.
How will we collect your personal information?
Your personal information can be collected in several different ways:
This includes;
* When you send an application to us via e-mail, online, or post.
* During the interview at our office or via phone.
* When we conduct reference and/or police checks.
* Via conversations – verbal and electronic.
* When we receive the results of medical tests.
We sometimes collect information from third parties and publicly available sources when it is necessary for a specific purpose such as checking information that you have given us or where you have consented or would reasonably expect us to collect your personal information in this way.
Sometimes the technology that is used to support communications between us will also provide us with personal information. Processing of your Personal Data We will use your Personal Data only in accordance with our Privacy Policy. If you do not wish us to continue using your Personal Data in this manner, you can request that your details be deleted or redacted by contacting us.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, e.g. your request to subscribe, apply for a job, or assist you in your job search which allows us to provide you with the services) and our “legitimate interests” or the legitimate interest of others (e.g. our users) such as:
* Personalising, improving, or operating our services and business
* Better understanding your needs and interests
* Fulfilling requests you make related to the services
* Providing you with information and offers from us or third parties
* Complying with our legal obligations, resolving disputes, enforcing our agreements
* Protecting, investigating, and deterring against fraudulent, harmful, unauthorised, or illegal activity.
We process Personal Data for purposes such as:
* To process your orders and deliver the services that you have ordered
* To provide reports based on information collected from the use of our services
* To keep you up to date on the latest service announcements, service updates, special offers and other information
* To provide support and assistance for our services
* To provide the ability to create personal profile areas and view protected content
* To provide and administer opt-in contests, sweepstakes, or other marketing or promotional activities on our website or on social media websites
* To support recruitment inquiries
* To personalise marketing communications and website content based on your preferences, such as in response to your request for specific information on services and services that may be of interest
* To contact individuals that you refer to us and identify you as the source of the referral, in accordance with the “Referral” section below
* To meet contract or legal obligations
Referrals - If you choose to use our referral service to tell a friend about our services, you represent that you have their consent to provide us with your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the website. Unless we are authorised by your friend, we will only use your friend’s name and email address for the purposes of sending this one-time email and maintaining an activity log of our referral program.
Choice - You can choose whether to provide Personal Data to The Working Holiday Club, but note that you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided. You can sign up, and therefore consent, to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you can update your preferences by using the “Unsubscribe” link found in such emails or by contacting us using the information in the “Contact Us” section of this policy.
Data Subject Rights - You have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision.
To make any of the following requests, contact us using the contact details referred to in the “Contact Us” on our website.
* Access: You can request more information about the Personal Data we hold about you. You can also request a copy of the Personal Data.
* Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
* Objection: You can contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.
* Erasure: You can request that we erase some or all of your Personal Data from our systems.
* Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
* Portability: You have the right to ask for a copy of your Personal Data. You can also request that we transmit the data to another entity where technically feasible.
* Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilise some or all of our services.
* Right to File Complaint: You have the right to lodge a complaint about The Working Holiday Club's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Data Retention - How long we retain your Personal Data depends on the type of data and the purpose for which we process the data.
Passive Collection - The Working Holiday Club and our third-party service providers automatically collect some information about you when you use our services, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyse trends in the aggregate and administer the website and/or services. In addition, when you use some of our services, network information is transmitted back to us such as service usage information. This information is transmitted back to us so we can determine how users are interacting with our services, assist us with improving our services, and correct any problems that may occur.
Cookies and Tracking Technologies - The Working Holiday Club and our partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and gather information about our user base, such as location information based on IP addresses. Users can control the use of cookies at the individual browser level. For more information regarding cookies or similar technologies, please review our Cookie Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioural advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the services and after you leave our properties.
We partner with third parties to either display advertising on our website or to manage our advertising on other sites. Some of our third-party partners use technologies such as cookies and other technologies to gather information about your activities on this website, our affiliates’ websites, and unaffiliated websites in order to provide you with advertising based on your browsing activities and interests.
Sharing your Personal Data / Use and disclosure of personal information:
We will use the personal information that we gather from you for the purpose for which it has been collected i.e. to provide recruitment or outplacement services, subscription – including your work placement, identification of training, and assessment of ongoing performance. We may also use your personal information to keep you informed of services and possible job opportunities that you or someone you know may be interested in. From time to time, we may also use your personal information to carry out any administrative tasks relating to our business. We do not sell or rent your Personal Data to third parties unless you have granted us permission to do so. This includes clients of The Working Holiday Club to whom your application/placement relates and referees etc. However, we will share Personal Data within TWHCC and its affiliated companies, and with third-party service providers for purposes of data processing or storage. We also share Personal Data with business partners, service vendors, and/or authorised third-party agents or contractors in order to provide requested services or transactions, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration, and providing customer support. We provide these third parties with Personal to complete/utilise the requested service or transaction. We may choose to sell part of the business or certain assets of the company. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required by law, we may respond to subpoenas, court orders, or similar legal processes by disclosing your Personal Data and other related information, if necessary. We also may use Personal Data and other related information to establish or exercise our legal rights or defend against legal claims. Interest-Based Advertisements We collect and possibly share Personal Data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TWHCC's terms of service, or as otherwise required by law. While navigating The Working Holiday Club’s website or services, you may be directed to content or functionality that is hosted by a third party. When information is collected on behalf of TWHCC exclusively, The Working Holiday Club’s Privacy Policy will be referenced and will govern how your information is used. For other, non-The Working Holiday Club sites or services, the site/service owner’s privacy policy will be referenced. You should review such third party’s privacy and security policies prior to use. Security of your Personal Data The Working Holiday Club is committed to protecting the Personal Data you share with us. We utilise a combination of industry-standard security technologies, procedures, and organisational measures to help protect your Personal Data from unauthorised access, use, or disclosure. When we transfer credit card information over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. Linked websites and third-party services Our websites and services may provide links to other third-party websites and services that are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use. Forums/blog comments If you participate in a The Working Holiday Club discussion forum, blog, and/or via comments, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside The Working Holiday Club who have access to those pages. Also, please recognise that we may alter any comments made on our sites at our discretion. Each participant’s opinion on a forum, blog, or comment is his or her own and should not be considered as reflecting the opinion of The Working Holiday Club.
Meeting Recordings - We use webinars as part of our service offering. Please be advised that for any meetings or Webinars you attend, recordings can be enabled by The Working Holiday Club. By signing up for The Working Holiday Club services or otherwise using them in any way, including without limitation by attending any The Working Holiday Club meetings or webinars, you expressly acknowledge that The Working Holiday Club may make and store recordings our these meetings or webinars, and may make such recordings available to other Attendees as well as publicly available at the direction of TWHCC. A visual notification will be sent to Attendees who connect to a meeting or webinar via The Working Holiday Club web-based platform, and an audio notification will be sent to Attendees who dial in by telephone only. If you do not want to be recorded, you can choose to leave the meeting or webinar.
Transfer and Storage of Personal Data - Our services operate in Australia. However, your data will be hosted by third-party service providers, The Working Holiday Club, affiliates worldwide, or third parties acting on our behalf for the purposes of processing or storage. By using any of our services or providing any Personal Data for any of the purposes stated above, you consent to the transfer and storage of your Personal Data, whether provided by you or obtained through a third party, to Australia as set forth herein, including the hosting of such Personal Data on our third-party providers ’The Working Holiday Club' affiliates servers. Security of your Personal Data The Working Holiday Club’ is committed to protecting the Personal Data you share with us. We utilise a combination of industry-standard security technologies, procedures, and organisational measures to help protect your Personal Data from unauthorised access, use, or disclosure. When we transfer credit card information over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology.
Linked websites and third-party services - Our websites and services may provide links to other third-party websites and services that are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use. How to access and control your Personal Data? We want you to always be in control of your Personal Data. To this end, you have certain rights that allow for it. Under certain conditions, you may:
1. Gain access to all your data that we use or process, and even get a copy of all of it
2. Order us to delete your data
3. Correct the data that we are processing if you think that there are mistakes
4. Restrict the data processing
5. Object to processing
6. Receive your Personal Data in a commonly used and machine-readable format or transmit this data to a different provider.
I have read your Policy and understand how my data will be used during my application, placement, and referral processes.