1. Preamble

The IRCAD Medical Exchange Center (hereinafter IRCAD) offers training courses in a wide range of surgical specialties to surgeons worldwide (hereinafter “the training course(s)”).

The present general conditions of sale and services of the IRCAD (hereinafter the “GC”) define the rights and obligations of the parties in the context of the services provided by the IRCAD.

Any registration or purchase of the training courses implies unconditional acceptance of the GC by the Customer.

The Customer acknowledges and declares that he/she has obtained all the necessary information regarding sale and services of the training courses on the Site from the IRCAD and that he/she has the full legal capacity to commit to the GC.

2. Definitions

In this text, the following terms shall have the following meanings:

“Customer”:
the organization or individual who purchases an IRCAD training course through the Website or other IRCAD online platform.

“E-mail”:
Any message, in the form of text, voice, sound or image, sent via a public communications network, stored on a network server or in the recipient’s terminal equipment, until the recipient retrieves it.

“Site”:
An electronic service operated by the IRCAD on the Internet network and accessible at:
ircadcn.com.

3. Training courses

The list of on-site training courses, their content, characteristics, and prices is available on the IRCAD Site.

The Customer acknowledges and agrees that he/she has taken note of the nature, the destination and the reservation terms of the services (including but not limited to training course content, duration, price, refund policy, etc.) offered on the Site and that he/she has requested and obtained the necessary and/or additional information in order to make his/her reservation and purchase in full knowledge of the facts.

The Customer attests to the truthfulness and accuracy of the information provided at the time of registration.

IRCAD reserves the right to refuse a reservation from an undisciplined or “at-risk” Customer (e.g.: no-show already reasonably noted, non-payment within the time limit specified, etc.).

4. Early bird

Some training courses are sold on the IRCAD Site with an Early Bird discount. This is a preferential rate for certain dates only, when the registration is done in advance.

5. Price – Payment

All services and taxes are payable in RMB. The fee covers the content of the services as detailed in the information provided on the Customer’s payment interface.

The price of the services is tax inclusive and includes the VAT applicable to the sale of training courses and the provision of the corresponding services under Chinese law.

The full cost of the training course shall be payable at the time of enrolment. An email confirming registration and receipt of payment will be sent to the Customer once payment has been made successfully and IRCAD will confirm that the enrolment has been successful.

Discounts and promotional offers shall not be cumulative in any circumstance.

6. Postponement, suspension or cancellation of training courses by IRCAD

1. If a training course is cancelled or postponed for IRCAD’s own reasons, the Customer has the option of requesting termination and a refund of the fees, or postponing the training course to another date or choosing a different training course, at a fee to be adjusted by both parties accordingly.

2. Force Majeure: IRCAD shall not be liable for any postponement, suspension or cancellation of a training course due to Force Majeure. The Customer expressly agrees that in the event of Force Majeure, both parties shall be entitled to suspend the performance of their obligations, and that if either party chooses to do so, IRCAD will refund all or part of the fees paid, which shall be settled by the parties in accordance with the conduct of the course. The parties expressly agree that force majeure means an event or circumstance beyond a party’s effective control, which is unforeseeable and unavoidable, including, but not limited to, earthquakes, typhoons, floods, fires, explosions, acts of God, riots, wars, or significant changes in applicable laws or policies.

7. Rates

IRCAD reserves the right to modify its rates including fees and methods without prior notice.

8. General provisions

1. All registrations shall be made in the name of the Customer, and the relevant rights and interests may not be transferred to third parties, whether or not for compensation, without the prior consent of IRCAD.

2. The Customer accepts and agrees to comply with the applicable laws and regulations of the location where the training course is held and to participate in the course in a manner consistent with good morals and public order. In the event of any violation, IRCAD reserves the right to request the Customer to terminate the training course without any compensation or refund to the Customer.

9. Liability

1. The photographs presented on the Site/Brochures/Postings are only for display. Although every effort is made to ensure that the photographs, graphics and text reproduced to illustrate the IRCAD give as accurate an idea as possible of the services offered, variations may occur. IRCAD will not be held responsible for that, and the course services purchased by the Customer will be subject to the actual course ultimately provided by IRCAD.

2. Hyperlinks may lead to sites other than the IRCAD Site, and IRCAD is not responsible for the content of these sites or the services offered.

3. In the event of any reservation or payment that is irregular, inoperative, incomplete or fraudulent for any reason attributable to the Customer, IRCAD reserves the right to cancel the Customer’s registration without compensation or refund, to hold the Customer liable for any damages caused to IRCAD, and to institute civil or criminal proceedings against the Customer.

4. The Customer should strictly abide by the rules of the course, safety instructions and relevant laws and regulations, take proper care of their personal belongings and pay attention to their own safety when attending the course. If any personal injury or property damage accident occurs not due to IRCAD, IRCAD will not be responsible for it.

10. Respect for privacy

1. On each of the online forms on which personal data are collected, Customers are informed by means of a special symbol (*) whether the answer is mandatory or not. Non-required information is requested in order to better understand the Customer and improve the service provided to the Customer.

2. If mandatory information is missing, IRCAD may not be able to register bookings and manage complaints.

3. By completing and submitting personal information such as name, telephone number, etc., the Customer consents to and authorizes the transfer of his/her personal data to IRCAD and IRCAD’s partners and service providers to the extent necessary.

4. The Customer has the right to contact IRCAD to access, modify, correct and delete the data relating to him/her.

5. The Customer specifically authorizes IRCAD to use his/her portrait (including but not limited to photographs, images, etc.) in connection with his/her participation in IRCAD’s courses for the purposes of commercial promotion, including but not limited to the following:
(1) Displayed on IRCAD’s official website, social media accounts, promotional materials, advertisements and other media;
(2) Used in various commercial activities organized by IRCAD (e.g. product launches, promotional activities, etc.);
(3) Used for publicity, promotion and other purposes in projects in which IRCAD cooperates with third parties.

6. IRCAD promises to strictly comply with relevant laws and regulations to protect the privacy of its Customers. The detailed terms of IRCAD’s privacy policy can be accessed through 【Privacy Policy】

11. Evidentiary Agreement

1. By reserving and purchasing a course, the Customer is deemed to be aware of and to have agreed to the contents of the GC. The GC constitute a legally binding contract between the Customer and IRCAD once the Customer has completed payment and IRCAD has confirmed that the enrolment has been successful and sent the Customer a confirmation email.

2. The records kept in the IRCAD’s electronic systems will be kept under reasonable security conditions and will be considered as proof of communications, orders and payments between the parties.

3. The Customer is informed and agrees that his/her IP address will be recorded at the time of the reservation.

12. Dispute Resolution – Jurisdiction

1. The formation, validity, interpretation and enforcement of the GC and the resolution of any disputes arising hereunder shall be governed by and in accordance with the laws of the People’s Republic of China (for the purpose of the GC, excluding the Hong Kong Special Administrative Region of the People’s Republic of China, the Macao Special Administrative Region of the People’s Republic of China, and Taiwan, China).

2. Any dispute arising out of the fulfilment of the GC or in connection with the GC shall be resolved first by negotiation between IRCAD and the Customer.

3. Claims by the Customer relating to the non-performance or improper performance of services by IRCAD must be made directly to IRCAD in writing within 8 days of IRCAD’s provision of the services, and failure to do so shall be deemed to be confirmation by the Customer that IRCAD has provided the services as agreed.

4. In the event that negotiations fail, the parties agree to submit such dispute, controversy or controversy to the Shanghai International Arbitration Center for resolution. The place of arbitration shall be Shanghai, China. The arbitration will be conducted in accordance with the rules of the Center as in force at the time. The arbitral award shall be final and binding on both parties. Costs (including reasonable attorneys’ fees) incurred in asserting the arbitration shall be borne by the losing party.

13. Language

The GC are written in both Chinese and English, with both versions being equally authentic. In the event of any discrepancy or conflict between the English and Chinese versions, the Chinese version shall prevail.

14. Integrity

The GC set out the entire agreement between IRCAD and the Customer in relation to the purchase and sale of the training courses, and supersede all written and oral agreements and undertakings between IRCAD and the Customer made prior to the purchase of the Course. 【The course description information, payment/refund notice, privacy policy and other information related to the training course (‘Supplemental Terms’) published by IRCAD through its Site and WeChat Public Account form part of the GC and in the event of any inconsistency between the contents of the GC and the contents of the foregoing Supplemental Terms, the Supplemental Terms shall prevail.】

15. Evolution/modification of general terms and conditions

Customers are requested to read these terms and conditions carefully when purchasing a course, and to communicate with IRCAD if they have any questions. Payment will be deemed to be the Customer’s knowledge and acceptance of the contents of the above terms and conditions. IRCAD may modify, add, or delete the GC at any time. After the GC have been adjusted, IRCAD will post the latest version of the GC on its Site. Once the latest version is posted on the Site, it will automatically apply to all subsequent Customers.

16. IRCAD means of communication

• Web: ircadcn.com
• Phone no.: +86 0510 66699969
• Email: communication@ircadcn.com
• Adress: No.99, Jinghui West Road, Xinwu District, Wuxi, China