Student Registration Agreement
M. D. International Studies (US) LLC.
Address: 1140 Avenue of the Americas, New-York, NY, USA
(hereinafter: “The Company”]
The First Party
– AND –
(hereinafter: “The student”]
The second Party
WHEREAS The Company operates a school in the setting of which it provides an online preparation course for admission examinations for medical school, dentistry and veterinary medicine overseas (hereinafter: “The Online Course”).
WHEREAS The Online Course is provided in accordance with the syllabus published and detailed on the Company’s website at: www.medicaldoctor-studies.com
WHEREAS The Student has examined the Online Course registration terms and conditions and has found them satisfactory.
WHEREAS The Student has expressed his desire to register for the online Course on the terms and conditions stipulated herein.
NOW THEREFORE, the Parties have Declared, Agreed and Stipulated as Follows:
Preamble, Appendices and Headings
1. The Preamble hereto and the appendices hereto constitute integral parts hereof.
2. Clause headings herein are inserted exclusively for the sake of convenience and shall not be used in the construction hereof.
The Company’s Declarations
3. The Company declares that it possesses the knowledge, experience and skill to teach the Online Courses taught in the School.
4. The Company declares that the instructors and/or lecturers teaching the Online Courses possess the knowledge, experience and skill to teach the Online Courses.
5. The company will do its best efforts to overcome technical faults in the online system in a reasonable time.
The Student’s Declarations
6. The duty to register and contract for the admission examinations at the respective universities rests exclusively upon the Student who shall bear all costs associated therewith.
7. In this Clause, the Student understands that participation in the online Course does not guarantee success in the university admission examinations. However, the Company covenants to provide the Student a high level of tuition in the entire scope of material required.
8. Additionally, it is worthy of noting, that success in the university admission examinations is the result of the Student’s responsibility to study the imparted materials beyond the Online Course teaching hours.
9. Additionally, the Student understands, that the essence of the lectures and exercises in the Online Course are intended exclusively for internal use by the students of the preparatory course, and that the copying, publication or making any other use thereof is strictly prohibited without the prior written consent of the Online Course Instructor and/or a representative of the Company.
10. The student declares that the online course is for his personal use only. It is strictly prohibited to share the content of the online course with any other individual/institute without a written consent of the company. It is also prohibited to download the online course content or to upload it to any platform.
11. The Student declares that a breach of his undertakings and obligations hereunder shall entitle the Company to take legal action against him to enforce this Agreement and/or any provision hereof.
12. The student understands that technical faults in the online system may occur from time to time. (Examples: Server falls, Cyber-attacks, viruses attacks, warms attacks, Hackers attacks etc.)
13. These faults can disturb the online system's continuous operation and even can stop it from working temporarily.
14. The company is obligated to do its best efforts in order to prevent these faults from occurring, and if they will occur, to repair the system and bring it back to action, in a reasonable time.
15. The student declares that he/she will have no claims towards the company with regard to the above mentioned technical faults, and will not be entitled to receive any part of the paid tuition as a refund, due to the above mentioned technical faults.
16. The company represent European universities and organizes the entrance exams in New-York, Stockholm, Berlin and Tel-Aviv.
17. The registration process to the entrance exams will be as specified below:
The student will fill in an online registration form according to the company guidelines.
In addition, the student will pay to the company an application fee, as specified in an email that the company will send to the student during the Online Course.
18. Application fees for the entrance exams is non-refundable, even in case the student is not be present in the entrance exams to which the student registered.
19. The company will do its best efforts to prepare the students for the entrance exams, according to its experience and best understandings.
20. Subsequently, it is hereby clarified that the company cannot guarantee the success of the student in the entrance exams, and is not responsible for the passing grade of the entrance exams. The passing grade is determined by the universities and may vary from time to time.
The Duration of the Agreement
21. The duration of the Agreement shall be in accordance with the date the Online Course commences and shall terminate upon the date the Online Course ends. The access to the course will be given to the student once the registration is made and the tuition fee is fully paid.
22. Articles 30-34 will survive termination of this agreement.
Course Structure and Scope
23. The Student will have 4 month long access to the On-line course.
24. The Course shall correspond to the Course syllabus. The Course syllabus shall be an integral part hereof.
25. Upon the signing hereof, the Student shall pay the Company 2350$ or the equivalence in other currencies.
26. The Company shall be at liberty to terminate the Student’s access to the course of study, at any time, in the event that one or more payments are not duly settled.
27. In consideration of the tuition fee, the Company covenants to hold an online preparatory course for medical school.
28. The Consideration shall be payable for participation in the Online Course exclusively pursuant to the terms and conditions hereof. The Student shall not be afforded the right to postpone his studies and/or to seek fulfilment of this Agreement at another date except for the date upon which the Online Course commences pursuant to the terms and conditions of this Agreement.
29. After registration to the On-line course, the tuition fee of the course is non-refundable.
Preservation of the Company’s Intellectual Property Rights
30. All the services to be provided by the Company in the framework of the Online Course, without exception, shall be deemed the Company’s absolute property. The Student shall not use any document or other teaching materials which he receives during the Online Course, for any purpose other than his studies. Any other use (use which is not for the purpose of his studies) of a document and/or syllabus and/or teaching materials whatsoever, that he received and/or to which he was exposed during his studies, shall oblige the Student to receive the Company’s prior written consent.
31. Copyright in all the syllabuses and/or documents and/or exercise manuals (hereinafter: “The Materials”) which the Student receives during the Online Course are and shall remain the Company’s and the payment of the Consideration on account of the Student’s studies in the Online Course do not bestow the Student with the right to make unpermitted use of the Materials he received during the Online Course.
Preservation of Confidentiality
32. The Student covenants to preserve the confidentiality and not to transfer, notify, hand over or bring to the attention of any person or body, directly, indirectly and/or in other way, all information, knowledge, commercial secret, data and/or document of any kind whatsoever, that according to their nature are not in the public domain (hereinafter: “The Confidential Information”) that the Student becomes possessed of as a result of, or in connection with, his studies with the Company as stated herein, owing to, or in connection with, the performance of this Agreement, during the performance hereof, prior to the performance hereof and/or following such.
33. The Student covenants not to use the Confidential Information for any purpose whatsoever except for the purposes of his studies and/or training for the admission examinations to medical school, all pursuant to the provisions hereof, without the prior written consent of the Company.
34. The express obligations in this Clause are not limited in time and shall survive the termination hereof, without regard to the reason on account of which the validity of this Agreement has expired or ended and without regard to who initiated the termination hereof or brought about the termination hereof.
35. Fundamental breach shall be when one of the Parties hereto has breached one of the terms and conditions hereof, and in relation to such breach the other Party gave notice in writing in which the party in breach was requested to desist from the breach (hereinafter: “The Warning”) and to cure the breach, and the breach was not cured;
36. In the event that the breach causes any damage whatsoever to the Company and/or anyone acting on its behalf and/or the teachers and/or the other students and/or any other third party, the Student in breach shall be liable to compensate the injured party and/or to indemnify for the damages the Company was forced to pay the injured party.
37. In any event of a disagreement between the Company and/or anyone acting on its behalf, and the Student, which is not resolved internally in the setting of the Company, the Parties shall have the option of appealing to the Courts, exclusively in New-York, and exclusively in the Central District.
38. Any disagreement whatsoever, that may arise between the Parties hereto, if any, shall be disposed of exclusively according to the USA Law.
39. Breach of Clauses 23-27 above, shall entitle the injured party to compensation equal to the legal costs incurred by the injured party as a result of disposing of the disagreement in a legal tribunal otherwise than pursuant to the provisions of this chapter (hereinafter: “The Agreed Compensation”), without regard to the outcome of the legal proceedings.
40. The injured party shall have the right to present the injuring party with the invoices on account of the legal expenses incurred by them, and the injuring party shall be obliged to bear the payment of the foregoing invoices, without regard to the outcome of the legal proceedings.
Addresses and Notices
41. The Student’s address is as set forth in the heading hereof. Any notice sent to the abovementioned address, by registered post, shall be deemed received 96 hours from its sending.
42. The Student shall notify the Company of any change in his address. A notice pursuant to this clause shall be given to a representative of the Company.
Amendment of Agreement or Terms
43. The Parties agree that any amendment to the Agreement or the general terms and conditions shall be valid only if in writing and signed by the authorised representatives of the Company and/or the Student. It is agreed that avoiding demanding a right shall not constitute a waiver of said right.
44. The Student’s rights and obligations hereunder are not assignable to any third party whatsoever, without the Company’s prior written consent.