By partnering with individual participants, institutions, and/or groups (any of which are hereinafter referred to as Participant) to provide Study Mandarin Abroad and Internship Program (any of which are hereinafter referred to as Program), the Mandarin Café, Educational Center (hereinafter referred to as Mandarin Café) agrees to fulfill all obligations associated with the Program as outlined in the Mandarin Café Website, relevant Program itinerary and/or pre-departure materials provided to Participant.
By enrolling in Mandarin Café and its affiliated programs, Participant agree to the following Terms and Conditions:
1. Enrollment and Period of Program Engagement
- Enrollment in Mandarin Café is competitive. Mandarin Café reserves the right to reject an applicant for any reason. Mandarin Café accepts applicants based on careful evaluation of application and supporting documents. Mandarin Café does not discriminate on the basis of race, sex, gender, gender identity, sexual orientation, religion, age, marital status, national and ethnic origin, or disability.
- Program term starts and ends as indicated in the Mandarin Café-provided itinerary and/or Pre-departure materials.
2. Compliance with Laws, Rules and Regulations, and Standards of Conduct
- Participant shall comply with Mandarin Café’s Rules and Regulations while enrolled in the Program for the duration of the Period of Program Engagement.
- Participant shall observe and obey the laws and regulations of the People’s Republic of China and respect Chinese social morality and customs.
- Mandarin Café and/or the host company shall have the right to enforce appropriate standards of conduct and may at any time terminate Participant’s participation in the Program for failure to maintain these standards or for any actions or conduct which Mandarin Café and/or the host company considers to be incompatible with the interest, harmony, comfort and/or welfare of other students, staff, and/or the laws and regulations of the People’s Republic of China.
- Mandarin Café maintains, among several explicit and implicit Standards of Conduct policies, a strict zero-tolerance policy regarding the use and/or possession of illegal substances. Use and/or possession of illegal substances may result in expulsion from the Program, without refund, as well as possible criminal prosecution in the host country.
3. Termination of Participation, Cancellation, Withdrawal, and Refunds
- Mandarin Café and/or the host institute reserves the right to cancel the Program due to insufficient number of registered participants and to reschedule the Program start date to another time.
- In the event of cancellation of the Program by Mandarin Café before the start of the Program, 100% of the Program fee and the Program deposit shall be refunded.
- In the event of cancellation of the Program by Participant prior to the start of the Program, Participant shall have right to partial refund as indicated below (unless otherwise agreed in writing by Mandarin Café and Participant).
- 50%: 90 days or more before start of program.
- No Refund: less than 90 days before start of the program.
- No Refund: if visas are cancelled due to students not attending classes.
- Participant shall have right to full refund in case of involuntary withdrawal.
- An involuntary withdrawal may be requested whenever there are circumstances beyond the Participant’s control which make it impossible to complete the Program in progress during a given term.
- All involuntary withdrawals must include a completed Involuntary Withdrawal Form, supporting documentation based on the reason for filing an involuntary withdrawal as specified below, and a personal statement. Only complete packets will be accepted. Detailed instructions on the process and required documentation can be provided upon request with the Involuntary Withdrawal Form.
- A withdrawal is considered involuntary if it results from one of the following situations:
- Called to active military duty via enlistment, activation, or deployment.
- Provide a copy of the military orders that indicates an effective date and is signed by the commanding officer.
- Illness of the Participant or in the immediate family of the student. Immediate family includes a child, parent, spouse.
- Certification must be provided by the Participant’s or family member’s physician stating that the student’s or family member’s illness requires the Participant’s withdrawal. Physician’s note must be on professional stationary, specify dates of treatment, and clearly indicate that illness made it impossible for the Participant to continue Program.
- Death of the Participant or in the immediate family of the Participant. Provide a death certificate, notice, newspaper article, or funeral program. Also indicate the relationship to the Participant. Any bank or transfer fees are non-refundable. Any bank or transfer fees associated with the refund of Program fees shall not be the responsibility of Mandarin Café. If the Participant is eligible for a refund, the process may take four to six weeks.
- In the event of termination of participation in the Program due to any violation of Section 2 of this agreement, Participant shall have no right to any refund of any part of the Program fee, and, upon notice by Mandarin Café, whether verbally or in writing, Participant shall forthwith depart from the Program and return home at Participant’s own expense.
4. Changes to Program and Cancellation of Program Components
- Mandarin Café and/or the host company reserves the right to make any cancellations, changes, and/or substitutions in cases of emergency or changed conditions or in the interest of each group as deemed necessary by Mandarin Café.
- During any activities, tours, or Programs arranged by Mandarin Café and/or the host company, Participant shall accept the will of the majority whenever a matter of choice is presented to the group.
- Once the Program has started, Program services and components may not be cancelled or downgraded by Participant, but they may be upgraded or changed to a higher service type as offered by Mandarin Café provided Participant pays any fee differential.
- Upon request by Participant, Mandarin Café shall provide comprehensive support to Participant in obtaining all visas and required documents associated with travel to China. However, it is ultimately the responsibility of Participant to obtain such visas and required documents.
- In the event Participant cannot obtain the necessary visas and/or required documents for participation in the Program, Participant shall not hold Mandarin Café responsible.
- In the event Participant’s visa application is rejected prior to the start of the Program or Participant cannot obtain other required documents, Participant shall be entitled to 100% refund of the Program fees.
- In the event Participant requires a visa renewal after the start of the Program and Participant’s visa renewal application is rejected, causing Participant to be unable to continue the Program, Participant shall be entitled to a refund of Program fees proportionate to Program time remaining after date of Participant’s visa expiration.
6. Medical and Health
- All foreign students studying in China are required to have health insurance. Participant shall be required to show proof of health insurance during registration procedures.
- It is the responsibility of Participant to thoroughly review health and safety information in advance of Participant’s departure to China, and to take any safety or health precautions Participant deems necessary prior to or during Program based on this information.
- Mandarin Café is not responsible for any medical or health problems, sickness, disease, injury, or loss whatsoever suffered by Participant during any period of the Program, during independent travel, and/or during any activities, whether or not sponsored, facilitated, or hosted by Mandarin Café.
- Participant hereby grants Mandarin Café and its agents full authority to take whatever actions they may consider to be warranted in the event of any personal emergency, international or political unrest, or other event regarding the health and safety of Participant, and Participant fully releases Mandarin Café and its agents from any liability for such decisions or actions as may be taken in connection therewith.
- If Participant becomes ill or incapacitated during Program, Mandarin Café and its employees may take any action they deem necessary for the safety and well-being of Participant, including securing medical treatment (at Participant’s own expense) and transporting Participant home (at Participant’s own expense). Participant agrees to indemnify Mandarin Café for any expense, fee, loss, damages, etc., in taking any action Mandarin Café deems necessary under this clause.
- In the event of medical emergency, or as deemed necessary by Mandarin Café, Participant authorizes Mandarin Café and its agents at their discretion to place Participant (at Participant’s own expense and without Participant’s further consent) in a hospital for medical services and treatment, or if no hospital is readily available, to place Participant in an alternative facility to be treated by a medical doctor.
- If deemed necessary or desirable by Mandarin Café and/or its agents to advance or loan any monies to Participant or incur special expense on Participant’s behalf while Participant is enrolled in the Program, Participant shall make immediate repayment prior to or upon Participant’s return home.
8. Use of Student Photos, Videos, and Statements
- Mandarin Café reserves the right to use any photos or videos of Participant, or statements made by Participant, for print, verbal, internet, or other commercial use and shall not be held liable for such use.
- Requests to decline such use must be sent in writing to Mandarin Café’s Managing Director.
9. Email List
- By submitting the Mandarin Café Application and/or Student Information Form, Participant is automatically subscribed to Mandarin Café’s email list to receive news, updates, and other information about Mandarin Café.
- To unsubscribe from this list, Participant may click “unsubscribe” at the bottom of any Mandarin Café newsletter, or email Mandarin Café’s Managing Director with a written request to unsubscribe.
- Participant agrees to waive and release Mandarin Café (which term shall include officers, shareholders, directors, the company itself, employees and agents of the company) and agrees not to sue such persons for any claims which may arise from, or in connection with, any physical or property damage which Participant may suffer from any cause whatsoever. Without limiting the generality of the foregoing, Participant releases such persons for any physical or property damage which Participant may suffer resulting from natural disasters, strikes or government restrictions, war, terrorist activities, sickness or quarantine or the acts or omission of any other agents over which such persons have no direct control, including, without limitation, airlines, transportation companies and railways, bus companies, taxi services, restaurants, student residences, apartments, youth hostels and/or hotels.
- Participant shall be responsible for taking all measures and exercising caution and common sense at all times to avoid injuries and/or death.
- Participant hereby waives and releases all claims against Mandarin Café and its agents arising at any time during the Program, (whether Participant is or is not under the direct supervision of Mandarin Café and/or its agents), and Participant agrees to indemnify Mandarin Café and its agents against any consequences thereof.
- Mandarin Café shall not be liable for any loss, harm, injury, or damages sustained by Participant or caused to Participant’s property howsoever caused.
11. Legal Governance
- This agreement shall become effective when Participant’s application is accepted by Mandarin Café, and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the People Republic of China applicable thereto.
- This agreement standard and cannot be modified or interpreted except in writing and no verbal modification or interpretation shall have any validity.
13. Mandarin Café
- All references herein to “Mandarin Café” apply to its officers, directors, staff members, campus directors, chaperones, group leaders, teachers, officials, employees, agents and affiliated companies. Participant and Mandarin Café are independent entities and nothing in this agreement is intended or shall be construed to create an agency relationship, employment relationship, or joint venture between the parties.