General Terms And Conditions
ARTICLE 1: GENERAL
In these General Terms and Conditions unless the context otherwise requires:
a) “Agreement” means any agreement entered into by the IMS with a Contact including, but not limited to, agreements regarding a service, publication, membership, the participation in or attendance of an Event (as defined below);
b) “General Terms and Conditions” means these General Terms and Conditions;
c) “IMS” means the International Medicine Studies, as defined below;
d) “International Medicine Studies” means company limited incorporated under the laws of the Slovak Republic and registered with the District Court Bratislava I, file: Sro, insert No.: 37512/B and with registered seat at Ruzova dolina 6, 821 08 Bratislava, Slovakia;
e) “Contact” means any third party, including applicants, students, graduates, referrals, members, participants, Contributors, sponsors or advertisers being either natural persons, legal entities or not incorporated companies, regardless of whether or not the IMS has, or is about to, enter into an Agreement with them;
a) “Applicant” means a person accepted and registered for one or more study programs facilitated by the IMS, and whose Application fees have been paid up to date;
b) “Student” means a person enrolled into a study program facilitated by the IMS, and whose Tuition fees have been paid up to date;
c) h. “Graduate” means a person who sucessfully completed a study program facilitated by the IMS and obtained a degree from such study program;
d) “IMS Fee” means a fee paid to IMS for providing its services to a person who is interested to register for and consequently enrol into a study program faciliated by IMS. The fee covers the IMS Application Fee and the IMS Service Fee;
e) “Tuition fees” mean fees paid by a Contact to the selected educational institution in order to get enrolled into and study in the selected study program;
f) „Application“ means the application made by you to IMS to join any Programme facilitated by IMS;
g) „Offer“ means confirmation from IMS that you have been accepted on one of the Programmes facilitated by IMS;
h) „Educational Institution“ means higher-education institution with which IMS has a cooperation contract and which provides the Study Program;
i) „Study Program“ means any program facilitated by IMS;
j) “Participant” means a person who is accepted and registered for an Event;
k) “Contributor” means a person who provides their testimonial or knowledge by inter alia speaking and/or writing for the IMS or at Events;
l) “Event” means any activity organised by the IMS;
m) “Website” means the website of the IMS: www.ims-medstudy.com.
2. These General Terms and Conditions are applicable:
1. to all agreements, quotations or offers the IMS enters into, or makes with third parties;
2. insofar as possible on the usage of the Website;
3. to registration for Events; and
4. to services provided by the IMS and Membership of the IMS.
3. Any terms and conditions of third parties shall remain applicable insofar as they are not in conflict with these General Terms and Conditions and if the IMS has explicitly agreed that such third party terms and conditions are applicable. If and when the provisions in the terms and conditions specified by third parties deviate from the provisions laid down in these General Terms and Conditions of the IMS, the provisions in these General Terms and Conditions shall be binding.
4. If there is a conflict or inconsistency between any provision of these General Terms and Conditions and the content of any Agreement entered into by the IMS, it is at the IMS’s sole discretion to determine if the provisions of these General Terms and Conditions will prevail or those of the Agreement to the extent required to resolve such conflict or inconsistency.
5. The IMS reserves the right to change any of its General Terms and Conditions at any time and without notice.
ARTICLE 2: APPLYING TO A STUDY PROGRAM
1. To apply for a Study Program you need to apply online through our Website (www.ims-medstudy.com), pay the IMS Application Fee and send all documentation as requested.
2. IMS Application Fee can be paid by a credit card via our Website or by bank transfer to the IMS bank account in Tatrabanka, IBAN CODE: SK70 1100 0000 0029 2281 5272.
3. When IMS receives your payment of the Application Fee, IMS will send you a username and password for the Clients Zone which can be accessed via our Website. In the Clients Zone you can find templates of documents requested for Application; other documents requested for Application and additional information useful for your application process.
4. You must submit your Application before the deadline indicated on our Website otherwise it will not be considered. To be considered for joining a Study Program you must satisfy the entry requirements for that Study Program and be able to produce appropriate evidence that you satisfy these requirements.
5. You must confirm the country in which you are legally resident on the Application, and you must provide evidence of your identity, nationality and date of birth. If you fail to disclose any information requested on the Application, or you disclose inaccurate information, your Application will be rejected.
6. You must provide evidence that you have reached the required standard of English language proficiency to enable you to participate fully in your chosen Study Program. IMS reserves the right to withdraw its Offer to you, or cancel your enrolment on a Study Program if it becomes apparent to us in our reasonable opinion that your English language proficiency is inadequate to cope with the demands of the Study Program.
7. If your Application is incomplete, IMS will attempt to contact you to clarify and/or complete the missing information before processing your Application.
8. If Educational Institution approves your Application and makes you an Offer to join a Study Program, IMS will facilitate this offer to you. There may be conditions attached to this Offer, for example submission of additional documentation. If you fail to meet conditions attached to the Offer by a designated date the Offer will be considered void.
9. When you receive an Offer from an Educational Institution IMS will send you so-called „Payment Request“ for the IMS Service Fee. The IMS Service Fee becomes payable upon your acceptance of the Offer by bank transfer to the IMS bank account in Tatrabanka, IBAN CODE: SK70 1100 0000 0029 2281 5272. The IMS Application Fee and the IMS Service Fee are fees payable to IMS for the services it provides to you.
10. We will write to you if Educational Institution cannot accept your application. Reasons for not accepting your application include: failure to meet the entry requirements for the Study Program; your chosen Study Program is over-subscribed; your Application was incomplete and IMS was unable to contact you to rectify the omission(s). In any of the above circumstances the IMS Application Fee is non-refundable. If you have already paid the Tuition Fees to IMS, these will be refunded to you in the full amount to your earliest convenience.
11. IMS / Educational Institution will reject your application and/or cancel your enrolment on a Study Program if it transpires that you have deliberately submitted misleading and / or inaccurate information as part of your Application.
ARTICLE 4: IMS SERVICES
IMS provides to its Contacts the following services:
1. Consulting, which means providing up-to-date information on Study Programs with cooperating Educational Institutions facilitated by IMS, especially the length of the program; the Tuition Fees; entry conditions and application process. Contact has an option to participate on selected days (so-called “Open Days”) in a tour of the Educational Institution and its campus, free of charge. IMS bears no responsibility for erroneous information if this was provided to IMS by the Educational Institution.
2. Guidance through the application process, which means providing full list of required application documents and application deadlines; revising the submitted application documents and if anything is missing informing the Applicant of the faults of the Application and submitting in a timely manner the Application to the Educational Institution.
3. Arranging entrance exams for an Applicant if required. Entrance Exams can be held in the home country of the Applicant or at the Educational Institution. The choice of place depends fully on the Educational Institution and IMS bears no responsibility if the entrance exams can not be hold in the preferred location of the Applicant. The travel costs to the location where the entrance exams are held and other costs which might occur for an Applicant in connection to participation at the entrance exams are the sole responsibility of the Applicant. If the Applicant chooses not to participate at the entrance exams, he/she is not entitled to any refund on the Application Fee or any other fee he/she has paid to IMS.
4. IMS will inform the Applicant on the date of when the entrance exam is being held as soon as this information is made available to IMS by the Educational Institution, no later than two weeks prior to the date of when the entrance exam is supposed to take place. This information will be made available to the Applicant through the Client Zone available to each Applicant on the IMS website.
5. It is hereby understood that the decision on accepting the Applicant into the Study Program is the sole decision of the Educational Institution and that the IMS does not guarantee such acceptance. In the event of not being accepted to any of the Study Programs facilitated by IMS the Applicant is not entitled to any kind of refund of the IMS Application Fee.
6. Assisting in submission of the enrollment documents. If an Applicant has been accepted into a Study Program facilitated by the IMS additional documents might be requested for submission by the Educational Institution. IMS will provide the Applicant with the full list of such documents and later on will revise its correctness. In the even that the documents are not correct IMS will inform the Applicant in writing of the steps which need to be taken in order to have the enrollment documents ready. IMS bears no responsibility for an Offer of study being cancelled due to the failure of the Applicant to submit required documents to the Educational Institution on time. In such event the Applicant is not entitled to any refund on IMS Fee.
7. Settling in service. IMS provides full assistance to successful Applicants who arrive to the location where the Study Program facilitated by IMS will be provided to them by the Educational Institution. IMS assistance consists of a welcome meeting and introduction to the cultural environment of the country where they will be studying; advice on transport options; assistance with opening local bank accounts and getting local phone numbers; tour of the Educational Institution and its premises and/or the city; suggestions of free time activities; organization of cultural and sport Events by IMS.
8. Assistance with migration obligations of a Student in his/her new place of residence. IMS offers support and expertise in managing migration obligations of a new student, be it an EU citizen or non-EU citizen. IMS assists the new student in getting all the necessary documents ready for Registration with the Foreign Police (EU citizens) or in getting the Temporary Residence Permit (non-EU citizens). Student understands that receiving Temporary Residence Permit is in sole competence of the National Foreign Police and IMS has no capacity to influence such decision. IMS cannot guarantee that such permissions will be granted to the Student, neither it takes responsibility for consequences should the Student fail to receive it. Student is solely responsible for submitting all the requested documentation on time and in a complete fashion. Additional administrative fees may be payable directly to the National Foreign Police.
9. Assistance with nostrification of a high-school certificate of a Student. Every international student is requested by the Educational Institution to submit a high-school certificate recognized as such by the designated national governmental institution(s), so-called “nostrification”. IMS guides the Student through the process, offers full list of requested documentation, checks the completeness and correctness of the documentation and assists in its submission. Student understands that such recognition of his/her high-school certificate is in sole competence of the national governmental authorities where the Study Program will be provided and IMS has no capacity to influence such decision. IMS cannot be held responsible in any way if such recognition of the high-school certificate is not granted or for the consequences following the decision of non-recognition. Student is solely responsible for submitting all the requested documentation on time and in a complete fashion. Additional administrative fees may be payable directly to the National Government Authorities.
10. Obtaining a visa and all the associated costs is the sole responsibility of the Applicant. The IMS cannot assist in the visa application process other than to facilitate so-called “Admission letter” to a Study Program from the Educational Institution and if available other documents which might be required for visa purposes. Providing these documents by IMS and/or the Educational Institution does not imply any responsibility, liability or sponsorship by the IMS for the Applicant. The Applicant must refrain from any action or behaviour suggesting that the IMS is or will be responsible and/or liable for and/or sponsoring the Applicant. 11. The travel costs to and from the location where a Study Program is provided are the sole responsibility of the Applicant and/or a Student. 12. All of the IMS Services mentioned in this Article, point 1-9, are covered by the IMS Fee and are not charged separately by IMS.
ARTICLE 5: IMS EVENTS
1. The IMS organises Events in which Contacts may participate.
2. Registration for an Event has to be done in the manner organised by the IMS. The registration for an Event is completed once the IMS confirms the registration in writing, at which point an Agreement is deemed to be concluded. The IMS has the right to refuse that a Contact be registered for and/or attend an Event.
3. Participation at an Event may be subject to participation fee or may be free of charge. This shall be indicated by IMS in a written invitation to an Event. If payment of the outstanding sum is not made after the lapse of a subsequent payment period set by the IMS in a written invitation, the IMS has the right to refuse participation of a Contact in an Event.
4. Participation in any Event organised by the IMS is at the risk of the Contact. The IMS is not responsible or liable for damages, of any nature whatsoever, caused to a Contact during an Event or travelling to or/from an Event.
5. A Contact participating in an Event, in any way whatsoever, acknowledges that the obligation of the IMS to organise the Event is not an obligation to achieve any result for the Contact. Subject to other clauses of these General Terms and Conditions, the obligations of the IMS with respect to a Contact is limited to the responsibility to register and inform the Contact of the Event and registration for the Event.
6. The IMS reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to an Event, for any circumstances beyond the IMS’s reasonable control. This includes the cancellation of an Event itself. The IMS will not accept liability for any losses and/or damages registered participants may suffer on account of any alteration or cancellation.
7. Participants must arrange adequate travel, personal liability and health insurance prior to an Event.
8. Registered Participants of an Event can cancel their participation free of charge up until 2 weeks before the start of an Event (hereinafter referred to as the “Cancellation Deadline”).
9. Participants of an Event who cancel their participation after the Cancellation Deadline or who do not show up at the Event, will be charged the full fee.
10. If, at the sole discretion of the IMS, an Event does not receive a sufficient number of Participants, the IMS may, at its sole discretion, decide to cancel the Event. The IMS will do this by notifying registered Participants of the Event in writing by sending an email to the email address as provided by them, no later than 1 week before the start of the Event. All registered Participants will receive a full refund of any participation fees paid. The IMS cannot be held liable for any other costs incurred by Participants such as flight tickets.
11. The IMS reserves the right to expel a Participant from further participation in an Event should the IMS, at its sole discretion, deem the Participant’s behaviour inappropriate, disruptive or offensive to other Participants, Contributors or the employees of the IMS in any way whatsoever. No refund of the participation fee will be given to a Participant should they be expelled from an Event.
12. The IMS reserves the right to hire or contract third parties to co-organise or organise (parts of) an Event. The possibility exists that the general terms and conditions of such third parties may also be applicable to the Agreement with a Contact attending such Event.
13. Besides the content of these General Terms and Conditions, all information, guidelines, policies and rules as provided on the Website concerning Events is applicable to Events and to a Contact participating in an Event.
ARTICLE 3: ONLINE PREPARATION COURSE
1. The IMS offers an online preparation course for an additional charge.
2. The online preparation course is available in form of videos and it is accessible via the Client Zone on the IMS website.
3. The online preparation course offers an additional study material in selected subjects and it is a voluntary tool for any applicant. Buying and participating in the online preparation course in no way guarantees acceptance to any of the Study Programs facilitated by IMS.
4. The online preparation course is available for 3 months since the date of the purchase. It is forbidden to share access codes to the online preparation course with any other person.
ARTICLE 3: FEES
1. By accepting these General Terms and Conditions and by submitting an Application to IMS you acknowledge that you will pay the IMS Fee as described below. IMS Fee consists of IMS Application Fee and IMS Service Fee which form an integral part of the reward to IMS for the services it offers to you.
2. You will pay the IMS Application Fee in order to apply to a Study Program facilitated by IMS. If the IMS Application Fee is not paid IMS is not obliged to process your Application to any of the Study Programs facilitated by IMS. You are not entitled to any compensation for your application not being processed if you have not paid the Application Fee.
3. IMS Service Fee is the inseparable part of the IMS Fee for the services IMS delivers to every Applicant. By applying to any of the Study Programs faciliated by IMS you acknowledge that you will pay the IMS Fee in full and therefore you acknowledge that you will also pay the IMS Service Fee under the condition that you decide to accept an Offer to any of the Study Programs facilitated by IMS. The IMS Service Fee is not bound to an Applicant actually taking advantage of the services offered by IMS. It is payable even if the Applicant chooses not to take advantage of any of the services offered by IMS.
4. If an Applicant does not pass the entrance exam, or he/she decides not to accept an Offer of placement at the Educational Institution, he/she is not obliged to pay the IMS Service Fee.
5. You acknowledge that IMS bears no responsibility for a refund of the Tuition Fees whose final recipient is an Educational Institution. Any refund of Tuition Fees is subject to approval by the Educational Institution and is out of reach of IMS.
6. You are entitled to a refund of any or all of the above fees if IMS has not fulfilled its obligations. These might include an incorrect description of the Programme on which you have enrolled; IMS has made a significant change to which you do not agree; there is an unacceptable delay in delivering IMS Services.
ARTICLE 6: IMS WEBSITE
1. No part of the Website may be reproduced, stored in a retrieval system of any nature, modified, transmitted or made available in any form or by any means, without prior written consent of the IMS.
2. The IMS endeavours to ensure the accuracy and correctness of the information, data and names on the Website. The IMS is not liable or responsible for any inaccuracies and the damages or losses resulting therefrom.
ARTICLE 7: INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights with respect to contributions including publications, material used for Events and duplicated by or on behalf of the IMS are owned fully by the IMS unless otherwise mentioned or agreed upon. Contacts may only use the IMS-owned material with prior and specific written consent from the IMS.
2. A Contact must notify the IMS in writing of any claim or infringement by an outside party of the IMS's intellectual property rights. The IMS must be notified within 48 hours of the Contact becoming aware of the claim or infringement. The Contact must also provide the IMS with all information on the claim or infringement and must assist the IMS in every way possible regarding legal action, making defences or negotiating on settlements.
3. The IMS reserves the right, at its sole and absolute discretion, to make and use the films, audio and recording and/or photographs of a Contact in any media. By participating in or visiting any event organised by the IMS, a Contact agrees with the recording, filming or photographing of a Contact by the IMS as well as to the use of these recordings, films or images in any media for publicity, advertising, trade or promotion purposes. No rights can be derived from this publication.
4. The IMS reserves the right to use comments made, or evaluations provided by Contacts on an anonymous basis for the purposes of publicity and promoting its products and services.
ARTICLE 8: MISCELLANEOUS
1. In these General Terms and Conditions Force Majeur has the meaning of Force Majeur as stated in Slovak law, and includes all circumstances beyond the control of the IMS also if they were foreseeable at the time the Agreement was concluded, resulting in the IMS not being able to fulfil its obligations, and includes but is not limited to strikes, riots, transportation problems, fires, terrorism, natural disasters, disruptions in the organisation of the IMS.
2. If the IMS can be held liable, other than for intentional acts or gross negligence, the total liability of the IMS will be limited to the amount which the IMS can claim and has received from its insurer. The IMS will under no circumstances be liable for indirect damages.
3. The IMS is not liable for any personal injury or death of a Contact arising during or in connection with the fulfilment of an Agreement.
4. If any disputes arise between a Contact and the IMS based upon the performance of the parties, parties have the obligation to try and reach an amicable settlement by agreement or escalation to appropriate levels of management. Only after a failed attempt to reach a settlement can parties start proceedings in the courts of Bratislava, the Slovak Republic.
5. If any of the clauses or part of a clause of these General Terms and Conditions is, or becomes, invalid or non-binding, the parties shall remain bound by all other clauses or the remaining part of the clause. In that event, the parties shall replace the invalid or non- binding clause by clauses that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding clause, given the contents and purpose of the General Terms and Conditions.