- These terms and conditions (“Terms”) are issued by the grant committee (“Committee”) of the John Speak Language Trust (“Trust”), part of the West and North Yorkshire Chamber, Registered Charity number 529115, under the authority of the Trust’s trustees.
- The Terms apply to all financial grants offered by the Trust (“Grant”), in connection with the offer of financial support to successful applicants, to assist them in perfecting their existing sound knowledge of a foreign language by living abroad, with the intention of their subsquently being better able to promote the UK’s foreign trade, business and general commercial interests abroad. No other terms or conditions shall apply in relation to any Grant, save as confirmed in writing by or on behalf of the Committee.
- The Trust was established by way of charitable trust deed in 1924 (“Trust Deed”). Accordingly, if any provision of these Terms conflicts with any provision in theTrust Deed, the latter shall prevail.
- Applications for a Grant will be considered from any person who is a British National over the age of 18 years at the time of acceptance of any offer of Grant, whose principal current residence is within the UK.
- The Committee may award a Grant in its absolute discretion to any qualifying applicant in respect of such language, at such location, in such amount, for such period of time and on such general or special terms and conditions as it considers appropriate, having regard to the purposes and objects set out in the Trust Deed, the circumstances of the application, the available Trust income, general law and the principles of good ethical practice. For the avoidance of doubt, the Committee may delegate the exercise of any of its powers to any one or more member of the Committee from time to time.
- The following general terms and conditions apply in the case of all applications for a Grant:
(i) each application shall be supported by a letter from the applicant’s head of department (if studying at any university or college) or employer (if employed), indicating whether the candidate is suitable for the awarding of a Grant in all the prevailing circumstances;
(ii) the applicant must make himself/herself available for interview at his own expense (either in person or by electronic media, in the discretion of the Committee) and be capable of demonstrating a sufficient competence in the chosen foreign language to the reasonable satisfaction of the Committee;
(iii) successful applicants shall provide the Committee with a true copy of their current UK passport, together with proof of current UK address, prior to travel, together with such other copy documentation as may be required by or on behalf of the Committee;
(iv) successful applicants shall, unless otherwise approved by the Committee, live with local native speakers during their stay, rather than with other English-speaking persons;
(v) successful applicants shall be required to submit to the Committee a monthly report of not less than 250 words (English), both in their chosen foreign language and in English. Unless consent shall have been withheld by the applicant at the time of application, each such report (in full or in part) may be posted on the Trust’s website in the Committee’s discretion, or otherwise used for the Trust’s marketing purposes. Failure to supply any such reports, repeated sub-standard reports or the submission of any report believed by the Committee in good faith to have been written/co-written by any person other than the applicant, shall entitle the Committee to suspend, withhold or withdraw any one or more instalment of the Grant, in its absolute discretion;
(vi) successful applicants shall, if requested, make themselves available for a mid-term review meeting by telephone or other electronic media with a representative of the Committee;
(vii) applicants are not expected to return home to the UK during the period of their Grant, as this will reduce the total- immersion foreign language experience. However, in the case of an emergency, close family serious ill-health/death, serious ill-health of the applicant, or occurrence of any other compassionate event the Committee will sympathetically consider granting consent to the applicant, on such terms as it considers appropriate in all the circumtances (including without limitation suspension of payment of instalments of Grant during such period of stay in the UK);
- Whilst the Trust provides financial assistance to successful applicants to facilitate their living abroad for foreign language improvement, no duty of care or liability is accepted for the health and/or safety and/or liberty of successful applicants during their visit. Accordingly, successful applicants are strongly recommended (i) to obtain all applicable visas and permits required from the foreign state, prior to travel, (ii) to take out suitable travel and health insurance with a reputable insurer, to include a right of repatriation to the UK in the event of material ill-health, prior to travel (iii) prior to travel and during the visit to acquaint themselves with and follow all advice and guidance to travellers given by the Home Office or other UK Government agency from time to time, (iv) promptly to aquaint themselves and thereafter comply with all relevant local traditions and customs, so as not to offend local sensitivies, remembering at all times that they are guests in a foreign country and (v) obtain accomodation in a location and environment considered by locals to be safe for foreigners.
- Without prejudice to any of the other rights set out in these Terms, the Committee reserves the right to suspend, withdraw, cancel and where necessary seek reimbursement of some or all of a Grant, in the event that, in the reasonable opinion or belief of the Committee, a successful applicant has (i) given any materially false information to the Committee during the application process, (ii) been guilty of misconduct which shall or might reasonably bring the applicant or the Trust into disrepute, (iii) been guilty of any criminal offence during the period of stay abroad, or (iv) in the reasonable opinion of the Committee failed to make reasonably satisfactory use of his/her opportunities abroad. Prior to exercising its rights under this provision, the Committee shall give the successful applicant an opportunity to show cause (either by telephone or by email, in the absolute discretion of the Committee) why any of the Committee’s rights under this provision should not be invoked. Any decision of the Committee shall be subject to review in accordance with the provisions of clause 11 below.
- All applicants (whether successful or not) consent to the Committee and the Trust holding and processing data relating to himself/herself for all legal, personnel, administrative, management and Trust marketing purposes and in particular to the processing of any “sensitive personal data” as defined in the Data Protection Act 1998.
- All monthly reports, contents of correspondence and emails, all blogs, photographs, video clips and all other material in whatever media form issued to the Committee or the Trust by an applicant in connection with the Grant and/or his/her stay abroad (“Material”) shall belong to such applicant, as author. The Applicant hereby grants the Committee and the Trust (and each of their successors in title from time to time) in each case a royalty-free, perpetual, non-exclusive, assignable licence to reproduce and use the Material for any and all lawful purposes whatsoever.
- These Terms shall be subject to English law. Any dispute shall be referred to the Chief Executive Officer of the West and North Yorkshire Chamber for determination (acting as an expert and not as an arbitrator), whose decision shall be final and binding on the parties to the maximum extent permitted by law.
- The liability of the Trust, including all its employees, individual trustees and individual members of the Committee, shall not exceed a sum equal to the full amount of Grant awarded to an applicant (where granted) or £500 (where not granted). This limitation shall cover all liabilities on the part of the Trust whether in contract, tort, breach of statutory duty and all other forms of liability available at law whatsoever and wheresoever in the world. Further, the Trust shall not be liable for any loss of earnings, loss of opportunity, loss of profit, or any consequential or indirect costs or losses whatsoever or wheresoever in the world. However, all these limits or exclusions of liability shall not apply in the event of fraud on the part of the Trust, or in the case of any death or personal injury caused by the negligent or actionable acts or omissions of the Trust.
Issue date: December 2016