TERMS AND CONDITIONS

HINDSIGHT2020  Agreement with Client(s)

These are the terms and conditions on which all your transactions with Hindsight2020 will base. Hindsight2020 will be regarded as the “Agent” .The Agent proposes to treat you as a Client(s). Unless otherwise agreed, the Agent will communicate with you in English. You may contact the Agent, and the Agent may contact you, by telephone, in writing and by email.

1. DEFINITIONS

1.1 The following terms shall have the following meanings in this Agreement:

“Application” the online application form which will be completed by you.

“Start Date” the date upon which you first made the application.

1.2 Any reference to a statute, statutory instrument, rules or regulations are taken to refer to such statute, statutory instrument, rules and regulations amended, re-enacted or replaced from time to time and to any codification, consolidation, re-enactment or substitution of them.

2. APPOINTMENT

2.1 This Agreement comes into force on the date you electronically sign the Application (or, if later, the date on which we complete any relevant procedures for the verification of your identity etc).

2.2 By completing and electronically signing the Application, you:
(a) appoint the Agent as manager to look after all the procedures involved in securing the right institution for study( for students) or securing the right job in the  Hospital or  Care homes ( for healthcare professionals); and
(b) agree to the terms of this Agreement.

2.3 Under the Financial Ombudsman Service rules you have the right to cancel this Agreement for a period of up to 14 days. In this regard, you are advised that:
(a) in order to cancel this Agreement, you must ensure that your written instructions to cancel are dispatched to the Administrator before the expiry of the 14 day cancellation period;
(b) if you cancel after we have started  the process for proposed institution or hospital/care home  in accordance with (a), we will arrange for the return of your deposit, but will deduct bank and transfer charges (including charges levied by any electronic money provider) together with our expenses incurred in relation to your application to study or work. We will use reasonable endeavours to return your deposit within 30 days of receipt of your written instructions to cancel; and
(c) the cancellation right under this clause 2.3 applies only to any deposit made in the 14 days.

Client(s) are required to pay an administration fee of €500 and 50% of this fee is refundable if your Visa is refused.

2.4 The Agent is entitled at its discretion to reject your application in part or in full.

2.5  Subject to this Agreement and your application, we have the authority to act on your behalf or as your agent.

2.6 We have categorised you as a client and accepted your application to work with the Agent ( Hindsight2020) through the Website on the basis of an assessment suitable for you. That assessment has been conducted through your having provided us with information in the suitability questionnaire you completed when you registered as a client. We will rely on this information in assessing the suitability of the study or job for you. You must let us know immediately if your circumstances change and this information is no longer correct.

3. TRANSACTIONS

3.1 In general, the administration fee will be paid into Agent’s ( Hindsight2020) account and also the School fees( when due to pay). The Agent will in turn transfer school fees into the Institution the client has been accepted.   He   Agent will in turn provide receipt of payment of fees to the client.  

4. CUSTODY

4.1 By virtue of this Agreement and the Agent’s Terms of Business, the Agent will arrange for the safekeeping of funds transferred by client  for the settlement of transactions.

5. YOUR OBLIGATIONS

5.1 By confirming your agreement to the Application, you have made representations which we will rely upon. You must immediately inform us in writing of any material change in circumstance and any change in the information provided in the Application.

5.2 In addition, you must provide us with any information which we may reasonably request for the purposes of administering your application.

6. DELEGATION AND ASSIGNMENT

6.1 The Agent may engage other agents, including associates, to perform any of our respective functions under this Agreement. We(the Agent)will act in good faith and with due diligence in the selection, use and monitoring of these agents. Any such engagement of agents shall not affect our respective acknowledgment of liability under this Agreement.

6.2 For the avoidance of doubt, we will not be liable for the acts or omissions of the client(s) and neither the client(s) will be liable for our acts or omissions7.

7.INTERESTS AND DISCLOSURE

7.1 We may promote transactions in which we or any associate of ours may have, directly or indirectly, a material interest or in relation to which we may have a relationship of any description with another party, which may involve a potential conflict with our duty to you. However, our employees are required to comply with the Conflicts Policy and disregard any such interest, relationship or arrangement when managing your Application.

8. LIABILITY

8.1 The Agent  and the client(s)will at all times act in good faith and with reasonable care.

8.2 We shall not be liable for any loss to you arising from any decision you make apply  or not to apply in any of the services we provide or for other action taken in accordance with this Agreement, except to the extent that such loss is directly due to our negligence, wilful default or fraud.

8.3 In the event of any failure, interruption or delay in the performance of our obligations resulting from acts, events or circumstances not reasonably within the relevant party’s control, we shall not be liable or have any responsibility of any kind for any loss or damage suffered by you. Such acts shall include: war, riot, fire, civil commotion or acts of terrorism; severe weather conditions; industrial action; acts of governmental or regulatory authorities and breakdown of computer or communications systems.

9. CONFIDENTIAL INFORMATION

9.1 The Operator will at all times keep confidential all information acquired in consequence of their respective roles and duties as manager of the client(s) application, except for information in the public domain; or which we, the Agent may be entitled or required to disclose by law; or regulation or by the regulatory bodies, or other government agencies; or given by us to professional advisers where reasonably necessary for the performance of their professional services; or which you authorise us, the Agent to disclose.

9.2 The Agent shall  not be obliged to make use of any information which comes to the notice of an employee, officer or agent of theirs or of any respective associate but properly does not come to the actual notice of the personnel whom we or they respectively designate to actually provide services under this Agreement.

10. COMPLAINTS AND COMPENSATION

10.1 The Agent have established procedures in accordance with consumer act rules for consideration of complaints. Details of these procedures are available on request. Should you have a complaint, you should contact us. If we cannot resolve the complaint to your satisfaction, you may be entitled to refer it to the right authorities.

11. COMMUNICATIONS

11.1 Notices of instructions to us should be provided electronically through the secure messaging service on the Website or by email or posted letter.

11.2 We may rely and act on any instruction or communication which purports to have been given by persons authorised to give instructions by you under the Application or subsequently notified by you from time to time and, unless we receive written notice to the contrary, whether or not the authority of such person shall have been terminated.

11.3 All communications which we make with you under this Agreement shall be in English.

11.4 You accept that we may communicate an unsolicited real time promotion (e.g. a telephone call or email  promoting investments) to you.

12. GENERAL

12.1 We may amend this Agreement by giving you not less than 10 business days’ written notice by email to the email address provided by you when you first registered with the Website . We may also amend this Agreement by giving you written notice with immediate effect if such amendment is necessary in order to comply with the right authorities or other legal requirements.

12.2 All data which you provide to us(the agent) is held by us subject to the Data Protection Act 2018. You agree that we may pass personal data:
(a) to other persons insofar as is necessary in order to provide services as set in this Agreement;
(b) to the relevant authorities, and any other governmental or regulatory authority; and
(c) in accordance with all other applicable legal or regulatory requirements.

We will not share data obtained from you with other persons or in other circumstances without your prior consent.

12.3 We may assign this Agreement to any appropriately regulated associate, and will give you notice if we do so. You may not assign this Agreement as it is personal to you.

12.4 This Agreement, together with the Application and the Agent’s Terms of Business, comprises the entire agreement between us, relating to the administration of your Account.

12.5 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) to enforce any term of this Agreement.

12.6 If any provision of this Agreement shall be held to be invalid, unlawful or unenforceable to any extent, such provision shall not affect the validity, legality or enforceability of the remainder of this Agreement.

12.7 This Agreement shall be governed by and construed in accordance with Irish Law and the parties submit to the exclusive jurisdiction of the Irish Courts.

13. CONFIRMATIONS AND REPRESENTATIONS

13.1 By electronically signing the Application, you confirm each of the following:
(a) you are applying for study or to work on your own behalf;
(b) before you complete your application in any of services offered by the Agent, you will read the relevant terms & conditions and take its provisions into consideration.