TERMS OF SALE

International College of Aesthetic Medicine

ARTICLE 1: General

(1.1) The purpose of these Terms of Sale (hereafter ‘TOS’) is to govern commercial and contractual relations between the International College of Aesthetic Medicine (hereafter ‘CIME’), registered with the Registre de Commerce et des Société de Nancy under number 422 454 587, with head offices located at 46, rue Stanislas in Nancy (54000); and its Students

(1.2) The principal activity of the CIME is Theory Training, Practical Training and teaching in aesthetic medicine. The CIME may also organize Events as part of Training including, and not limited to, practical workshops, masterclasses, congresses, gala evenings, graduations etc.

(1.3) Access to Training delivered by the CIME implies full unreserved acceptance of these TOS. Acceptance of these TOS shall imply a training contract in a legal sense. The CIME and Students are designated together as the ‘Parties’

(1.4) In the context of these TOS, any reference to the Terms of Use (hereafter ‘TOU), Confidentiality Policy and the Internal Regulations refer to the applicable documents, available on the Website [www.cime-paris.fr] (TOU: [lien]/Confidentiality Policy: [lien]/Internal Regulations [lien]) or upon request, by any means of communication, from the CIME:

International College of Aesthetic Medicine

46, Rue Stanislas, 54000 NANCY

Tel: 07.56.04.07.70

E-mail: contact@cime-paris.fr

ARTICLE 2: Definitions

For the purposes of these TOS, the following terms and expressions shall carry the following meanings and apply to both singular and plural forms depending on the context. Similarly, any grammatical reference to the masculine or feminine gender [in the French language] shall include the other, unless stipulated otherwise.

‘International College of Aesthetic Medicine (CIME)’: as defined in (1.1).

‘Student Account’ designates the area accessible from the Website, which is strictly personal, secure and reserved for the Student, protected by a personal, non-transferable password. It provides access to, in particular, Theory Training content.

‘Terms of Sale’ (TOS): designate the terms applicable to Training. Inform the Student about the terms for carrying out Training services provided by the CIME; describe the rights and obligations of both Parties; cover commercial relations.

‘Terms of Use’ (TOU): designate all contractual rules defining the rights and obligations of the Parties in the context of access to and use of the Website and the Student Account. In particular, they cover the terms of use of content and functions, User, Student and Publisher responsibilities, including restrictions of use.

‘Training Contract’: designates the contract between the Student and the CIME as soon as these TOS are signed following reading, understanding and approval in their entirety.

‘Data Protection Officer’: designates the person responsible for ensuring personal data processing compliance carried out by the CIME, in compliance with General Data Protection Regulations (GDPR) and applicable French legislation. They inform and advise Processing Managers and Subcontractors, ensuring legal and regulatory obligations are met and is the principal point of contact for any question on Personal Data protection, including for exercising the rights of those concerned.

‘Personal data’: designates any information referring to an identified or identifiable individual entity directly or indirectly, in particular through an identifier such as a name, ID number, location data, online username or one or more elements to their physical, physiological, genetic, psychological, economic, cultural or social identity. Personal Data processing is managed by the Confidentiality Policy, in compliance with the General Data Protection Regulations (GDPR).

‘Student’: designates the doctor in medicine, surgery or dentistry, or intern in medicine, surgery or dentistry, registered for Training with the CIME.

‘Events’: Designates any type of Event, associated or not with Training, including and not limited to practical workshops, masterclasses, congresses, gala evenings, graduations and any other event the CIME may organize.

‘Purpose’: designates the specific, clear and legitimate objective for which personal data are collected and processed by the CIME. In compliance with the General Data Protection Regulations (GDPR), data may be processed as part of the Purposes determined when they are collected and may not be used subsequently in a way that does not comply with these Purposes.

‘Training’: designates the Theory Training and the Practical Training modules.

‘Training Actually Delivered’: designates all of the Theory Training module(s) for which all training resources can be accessed by the Student on their Student Account.

‘Practical Training’: designates the Practical Training module delivered by CIME employees, agents or service providers face-to-face. Access to Practical Training requires Registration as defined in these TOS.

‘Theory Training’: accessible in the Student Account, on the Website, designates training content modules including, and not limited to, written training materials, videos, knowledge assessment surveys, syllabuses etc. Access to Theory Training requires prior Registration as defined in these TOS.

‘Training Fees’: designates the amount of Training fees.

‘Registration’: designates the process (Cf. Art.4) according to which the Student registers with the CIME.

‘Parties’: as defined in (1.3).

‘Confidentiality Policy’: designates the document intended to provide Users and Students with clear, transparent and accessible information on how their Personal Data are collected, processed, stored and protected in the utilization of the Website and/or services offered. It specifies the types of data likely to be collected (including identity, contact details or browsing data), the Purposes and legal bases justifying this processing, in particular consent, contractual performance or legitimate interest of the Processing Manager. The Confidentiality Policy also lists the data retention period, potential recipients, User and Student rights and how these rights are exercised. Finally, it stipulates the security measures taken to ensure the confidentiality, integrity and protection of personal data. It is drawn up in compliance with French law n°78-17 of January 6, 1978 amended on IT, files and freedoms, including Regulation (EU) 2016/679 of April 27, 2016 (GDPR).

‘General Data Protection Regulations’ (GDPR): designates the General Data Protection Regulations (GDPR), or Regulation (EU) 2016/679 of April 27, 2016, which are reference regulations for Personal Data protection within the European Union. It standardizes Personal Data processing throughout EU member states and applies to any public or private organization which collects or processes data concerning identifiable individual entities. In particular, the GDPR ensures Processing Managers and their Subcontractors guarantee the integrity, loyalty and transparency of processing, limit Personal Data collection to the strict necessary, ensure precision, security and confidentiality and respect the rights of those concerned.

These rights include right of access, rectification, deletion, limitation, opposition and the right to the portability of data. The GDPR also ensures an obligation to document, inform and, in certain cases, designate a Data Protection Officer.

‘Internal Regulations’: designates all rules governing Training and Events. They apply to all Students.

‘Website’: designates all Content accessible via the URL [www.cime-paris.fr] and operated by the Publisher. The Website includes all the functions provided for Users and in particular access to the Student Account for Students. Unless stipulated otherwise, the Website is protected by intellectual property legislation and remains the sole property of the CIME, the Publisher and its partners.

ARTICLE 3: Object and scope

(3.1) The TOS described below describe the rights and obligations of the Parties in the context of Training offered by the CIME. They apply unreservedly without restriction.

(3.2) The TOS are communicated to all Students and can be viewed on the Website.

(3.3) The CIME reserves the right to modify and update these TOS at any time.

(3.4) The TOS are opposable and prevail over any other condition for the Student who acknowledges they have seen, read, understood and approved them. Finalized Registration warrants full and unreserved Student acceptance of the TOS applicable on the day of Registration.

(3.5) Students declare they have full legal entitlement, enabling them to enter into these TOS.

ARTICLE 4 – Registration

(4.1) Registration is subject to the following pre-requirements:

(4.1.1) The Student must be a doctor in medicine, surgery or dentistry; or intern in medicine, surgery or dentistry and;

(4.1.2) they must guarantee their Civil and Professional Liability for the procedures carried out during the Practical Training and;

(4.1.3) they must have read, understood and approved these TOS, but also the TOU, Confidentiality Policy and Internal Regulations.

(4.2) Registration may be refused due to a limited number of places and/or the absence of one or more aforementioned pre-requirements.

(4.3) Registration may be terminated by the CIME in the event of non-payment of the first installment of the Training Fees, following the mandatory withdrawal period of fourteen (14) days, or failure to cover one of the pre-requirements in point (4.1.1) required for Registration.

ARTICLE 5 – Training & Student Account

(5.1) Theory Training is carried out remotely in French or translated by any human or artificial intelligence means (cf. Art.15).

(5.2) Practical Training is carried out face-to-face in French. This Practical Training module takes place over five (5) days, made up of a minimum of five (5) practical workshops. The location is communicated to Students with a reasonable notice given before start of training.

(5.3) Theory Training and Practical Training can be carried out within a maximum period of twenty-four (24) months from the effective date of receipt of payment of the first installment of Training Fees.

(5.4) Start of Training is subject toStudent Registration and payment of the first installment of Training Fees following the mandatory withdrawal period of fourteen (14) days.

(5.5) The CIME offers three (3) training options:

(5.5.1) Option 1 comprises sixty-six (66) hours of remote Theory Training and forty (40) hours of Practical Training.

(5.5.2) Option 2 comprises sixty-six (66) hours of remote Theory Training.

(5.5.3) Option 3 comprises forty (40) hours of face-to-face Practical Training.

(5.6) Upon completion of Training, the CIME awards a diploma to the Student. This diploma is personal and non-transferable. It is subject to:

(5.6.1) meeting the conditions for obtaining the diploma (Cf. Art 5.8) set by the CIME available on the Website and communicated to the Student in these TOS and;

(5.6.2) full payment of the Training Fees.

(5.6.3) The CIME reserves the right not to award the diploma to theStudent if these conditions are not met.

(5.7) When these TOS have been read, understood and approved, theStudent receives a link to create their password allowing them to access their Student Account. This Student Account gives access to the Theory Training, and documents including training, administrative and information media.

(5.7.1) Following the mandatory withdrawal period of 14 days and effective receipt of payment of the first installment of Training Fees, the Studentcan access module 1 of Theory Training and all associated training resources.

(5.7.2) A Theory Training module accessed by the Student then becomes Training Actually Delivered, the latter being due in the event Training is interrupted early (Cf. Art.7).

(5.7.3) The password belongs to the Student. It is their responsibility and must not be disclosed or transferred to anyone else. In the event the Student discloses or transfers their password by any means whatsoever, the CIME cannot be held responsible for this disclosure or transfer and the resulting consequences.

(5.7.4) In order to be able to access the Training content for which the Student is registered, the Student Account remains accessible after the Training for a period of two (2) years from the effective date of receipt of payment of the first installment of Training Fees. However, the Student cannot have access to Training content and materials from another year.

(5.8) Cumulative conditions for obtaining the diploma:

(5.8.1) Validation of all Theory Training modules:

A Theory Training module shall be considered validated when all the following cumulative conditions have been met:

– Complete the Initial Knowledge Assessment Questionnaire (QIEC): no minimum grade required;

– Watch the class videos in full;

– Validate the Final Knowledge Assessment Questionnaire (QFECT): minimum grade required is 14/20. This questionnaire can be re-taken until the minimum grade is achieved;

– Validate the Final Practical Theory Knowledge Assessment Questionnaire (QFECP): minimum grade required is 14/20. This questionnaire can be re-taken until the minimum grade is achieved;

– Complete the Satisfaction Questionnaire (QS).

(5.8.2) Validation of the final open examination once all Theory Training modules have been validated:

– Validate the Final examination questionnaire: minimum grade required is 14/20. This questionnaire can be re-taken until the minimum grade is achieved.

(5.8.3) For Students registering for an option with Practical Training, validation of the Practical Training module:

– Participation in all Practical Training workshops during the practical sessions.

ARTICLE 6: Training fee amounts and payment terms

(6.1) Prices are in euros (€) and are subject to taxation in France applicable at the time the invoice is drawn up by the company.

(6.2) The CIME reserves the right to modify them at any time. However, they shall invoice the Training at the prices indicated at the time of Registration.

(6.3) Training Fees are payable as follows:

(6.3.1) When these TOS, TOU, Confidentiality Policy and Internal Regulations have been signed, read, understood and approved, a request for payment of the first installation of Training Fees is issued and sent to the Student by e-mail. An amount and payment date are set for each installment. The installment amount for this invoice is payable on the payment dates indicated.

(6.3.2) The first installment does not need to be paid before the end of the withdrawal period of 14 days after these TOS have been read, understood and approved, warranting Registration and Training Contract. This withdrawal period of fourteen (14) days is a mandatory, legal period. Any payment of the first installment before the end of the 14-day period may be considered by the CIME as a termination clause of the Training Contract.

(6.3.3) Once payment of the first installment received, an invoice for the Training Fees is issued and sent to the Student by email.

(6.3.4) For Students taking the Theory Training and Practical Training (Option 1), the installment plan will include an initial installment of three thousand seven hundred euros (EUR 3,700) payable by bank transfer after the legal withdrawal period of fourteen (14) days, followed by three (3) quarterly installments payable by bank transfer of three thousand four hundred euros (EUR 3,400). Payment amounts and dates on the installment plan and indicated on the Training Fees invoice must be scrupulously complied with.

(6.3.5) For Students taking the Theory Training and Practical Training (Option 2), the installment plan will include an initial installment of two thousand seven hundred euros (EUR 2,700) payable by bank transfer after the legal withdrawal period of fourteen (14) days, followed by three (3) quarterly installments payable by bank transfer of two thousand four hundred euros (EUR 2,400). Payment amounts and dates on the installment plan and indicated on the Training Fees invoice must be scrupulously complied with.

(6.3.6) For Students taking the Practical Training only (Option 3), the installment plan will include an initial installment of two thousand three hundred euros (EUR 2,300) payable by bank transfer after the legal withdrawal period of fourteen (14) days, followed by two (2) quarterly installments payable by bank transfer of two thousand three hundred euros (EUR 2,300). Payment amounts and dates on the installment plan and indicated on the Training Fees invoice must be scrupulously complied with.

ARTICLE 7 – Withdrawal/Early interruption

(7.1) The Student has a period of fourteen (14) days from Registrationto exercise their right of withdrawal. The withdrawal announcement must be perfectly clear and sent by recorded delivery with acknowledgment of receipt to the CIME (Cf. (1.4)) or by e-mail with acknowledgment of receipt.

(7.1.1) The withdrawal template is as follows:

‘For the attention of the CIME legal department,

I, the undersigned, (full name, date of birth), residing in (city of residence), am bringing to your attention my intention to withdraw from the training (state name of training) I decided to reserve on (date of reservation) in application of the provisions of article L.6353-5 et al of the Code du travail.

Date:

Signature: .’

(7.2) In the event of early interruption following an unforeseen event, the pro rata value of the Training Actually Delivered due is calculated as follows:

(Total value of the Training for which the Student is registered/number of modules included in the Training for which the Student is registered) * number of modules for which all training resources are accessible by the Student in their Student Account.

(7.3) Early interruption following an unforeseen event (Cf. Art.10): if, as a result of the unforeseen event, as defined by uncontested jurisprudence in article L6353-7 of the Code du travail, the Student is unable to take the Training for which they are registered, they may terminate the Training Contract. In this case, only the cost of the Training Actually Delivered is due according to the pro rata formula stipulated in these TOS in point (7.2).

(7.4) Early interruption without an unforeseen event: besides the unforeseen event, in the event of an early interruption or termination request sent by recorded delivery with acknowledgment of receipt to the CIME (Cf. (1.4)) by the Student, following the legal withdrawal period of 14 days, the CIME will not refund payment already made and all outstanding Training Fees due and to be collected by the CIME must be paid by the Student.

ARTICLE 8: Late payment

(8.1) If an installment amount is not paid in full and within a period of fifteen (15) days following the payment date notified on the installment plan, the Student Account is suspended.

(8.2) Late payment penalties may become due by right and no reminder is required from the day following the payment date stipulated on the installment plan. The legal interest rate is that applicable on the invoice date.

ARTICLE 9: Resolutive condition

(9.1) If in the fifteen days following application of Article 8: ‘Late payment’, the Student has not paid the amounts due, the company reserves the right to terminate the contractual agreement and to take legal proceedings as stipulated in Article 17 below.

(9.2) All collection costs, both amicable and legal, including legal representation fees, and interest, will be payable by the Student.

ARTICLE 10: Unforeseen event

(10.1) Neither Party may be held liable if the non-execution or late execution of one of their obligations described in these TOS is the result of an unforeseen event. To this end, the unforeseen events includes any unforeseeable and compelling external event in the context of articles 1218 and 1148 f the Code civil and as defined by French jurisprudence.

(10.2) The Party invoking the unforeseen event shall inform the other Party of the occurrence of the event or the circumstances rendering it an unforeseen event within a reasonable timeframe.

(10.3) If such events occur, the Parties shall demonstrate good faith and take all measures reasonably possible to continue carrying out these TOS.

(10.4) However, the costs incurred by the Student as a result of these events will not be payable.

(10.5) In the event of an unforeseen event, the obligations of the CIME are suspended. The suspension of CIME obligations towards the Student does not give rise to payment of damages or late penalties.

ARTICLE 11 – VISA

(11.1) Students who require a visa or other residence permit to take the Practical Training are fully and individually responsible for all visa or residence permit application procedures.

(11.2) Under no circumstances can the CIME be held responsible if a visa application is refused for whatever reason. Similarly, the CIME is not liable in the event of any postponement. The same applies if the visa is not received in time.

(11.3) Before registering for the Practical Training, every Student who requires a visa or residence permit is responsible for ensuring they meet all the conditions required for obtaining the visa.

(11.4) No refund request for the Practical Training may be made by the registered Student if the visa is refused; for whatever reason: postponed or not received in time.

(11.5) In the case of option 1, registration for the Practical Training is possible for up to twenty-four (24) months after receipt of payments of the first installment of Training Fees.

ARTICLE 12 – Events and application of Internal Regulations

(12.1) The CIME may organize any type of Event associated with the Training or otherwise, including for example only, practical workshops, masterclasses, congresses, gala evenings, graduations etc.

12.2 Internal Regulations apply to all Students for the duration of the Training. Its purpose is to remind everyone of their rights and obligations in order to organize proceedings during Events throughout the Training.

(12.3) Internal Regulations are permanently available on the Website. During Registration on the Website, reading, understanding and approving the TOS imply acceptance and commitment to comply with CIME Internal Regulations.

(12.4) In addition to the CIME Internal Regulations, Students must scrupulously comply with and observe the internal regulations on premises where Events are held by the CIME. In the event of any contradiction, divergence, opposition or inconsistency between CIME Internal regulationsand those of the Event location, the latter shall take priority.

ARTICLE 13: Personal data – Security

(13.1) The CIME, required to collect, process and store Student Personal Dataonly for Training Purposes, shall take all possible measures to safeguard their confidentiality and security. The CIME will not store Student Personal Data for longer than necessary, subject to legally defined periods.

(13.2) The CIME shall not communicate Student Personal Data to unauthorized third parties and uses networks protected against loss, misuse, modification or destruction.

(13.4) Student Personal Data are stored for a period which is strictly necessary in compliance with our Confidentiality Policy, unless the Student specifically opposes their processing as defined by the GDPR.

(13.5) In application of article 34 of French legislation on ‘Informatique et Libertés’ n°78-17 of January 6, 1978, the Student may request access to their information at any time and check the accuracy. They can also request the modification of all or part of their Personal Data and may be opposed to their data being used for specific purposes, for whatever reason.

(13.6) If, however, the Student has any doubts on how they may exercise their rights, they should contact the CIME Data Protection Officer directly at this address: CIME, 46 Rue Stanislas, 54000 Nancy or by e-mail: dpo@755nm.com.

ARTICLE 14 – Intellectual property

(14.1) The CIME is the sole owner of all elements in the Training, on the Website or in the Student Account which are protected by French and international legislation, in particular on intellectual property and copyright.

(14.2) As a result, Training, Website or Student Account elements may not be modified, borrowed, reproduced, copied, duplicated, sold or resold, sent, published, communicated, distributed, broadcast, represented, stored, used, leased or utilized in whole or in part, whether known or unknown on this date, without prior written authorization from the CIME on a case-by-case basis.

ARTICLE 15: Transparency and information

(15.1) The Student understands and accepts that, in the context of Training and in compliance with the GDPR, the CIME reserves the right to use artificial intelligence technologies (AI) for purposes including data analysis, video transcription, improving access to training assistance.

(15.2) The CIME shall use a governance method adapted to AI to supervise the management and ensure ethical use of data in compliance with the above.

(15.3) Any use of AI must comply with CIME copyright and must not modify or misrepresent the original Training content provided by the CIME without their prior agreement.

(15.4) The CIME ensures full operational transparency including data recording and traceability capacities, in compliance with the GDPR. 

(15.5) To ensure access to Theory Training for international Students, the CIME may set up an automated translation service using AI technologies.

(15.5.1) The CIME shall endeavor to ensure the translations provided are as accurate and faithful to the original as possible.

(15.5.2) However, Students recognize and accept that this translation may contain transcription, interpretation or rendering errors.

ARTICLE 16: Limited liability

(16.1) The CIME and/or its employees, service providers or agents shall carry out Training-related services with the utmost care and attention, doing everything possible to meet Student expectations. In light of this best effort obligation, the CIME and/or its employees, service providers or agents cannot be held liable for:

(16.1.1) any damages, consecutive or secondary, direct or indirect, punitive or special, of any kind by a Student;

(16.1.2) any error made by a Student who attended Training and who may have graduated from the CIME in the course of their professional activity.

(16.2) In addition, the CIME and/or its employees, service providers and agents cannot be held responsible for whatever reason for Student Internet access, software and technical compatibility of their IT equipment with the Website and the Student Account.

(16.3) In the context of the Training, the CIME may post informational videos on the Student Account created by pharmaceutical companies, distributors or other commercial corporations intended to present Students with existing solutions available on the market in terms of products, equipment and services. In the context of Events, the CIME may use the services of pharmaceutical companies, distributors or other commercial corporations intended to present Students with existing solutions available on the market in terms of products, equipment and services.

(16.3.1) There are no direct or indirect commercial links or any direct or indirect conflicts of interest between the CIME, its representatives and the pharmaceutical companies, distributors or other commercial corporations creating these informational videos or present at Events. The CIME is a completely independent entity.

(16.3.2) Therefore, the CIME cannot be held responsible under any circumstances in the event of any difficulties encountered by the Student or their organization in the context of any existing or future contractual relations they may develop with one or more pharmaceutical companies, distributors or other commercial corporations who created these informational videos or present at Events.

ARTICLE 17: Complaints & mediation

(17.1) Any Student complaint must be sent by recorded delivery with acknowledgment of receipt to the CIME or e-mail with acknowledgment of receipt to contact@cime-paris.fr.

(17.2) Any complaint must be reported within a maximum of 48 hours after the event which caused the complaint.

(17.3) In compliance with article L. 612-1 of French Code de la Consommation, the Student may resort to the consumption mediation system in order to resolve any dispute.

(17.4) Mediation can be used within a period of twelve (12) months after a written complaint has been sent to the CIME and only if the dispute has not been examined beforehand or currently by a mediator, another authority or a court.

(17.5) Mediator remuneration and costs are fully covered by the CIME;

(17.6) The CIME designates the Association des Médiateurs Européens, at 197, Boulevard Saint-Germain, 75007 PARIS. This association will designate a mediator when contacted by one party, who will inform the other in writing and without delay.

(17.7) Mediation shall not hinder any requests for legal proceedings.

ARTICLE 18: Applicable legislation and competent jurisdiction

(18.1) If one or more provisions of these TOS are nullified, illegal or non-opposable, in full or in part, according to legislation, this nullity, illegality or non-opposability shall not affect the validity, legality or opposability of the other provisions within these TOS, and any stipulation declared null shall be deemed dissociable from these TOS.

(18.2) These TOS are governed and interpreted according to French law. In the event the TOS are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of any dispute.

(18.2.1) The Student renounces any incompetence exception relative to subject matter jurisdiction or territorial jurisdiction of the court it may call upon to oppose the introduction of proceedings before these courts;

(18.2.2) The Student consents, insofar as authorized by applicable legislation, to the fact that taking proceedings before one or more jurisdictions does not prevent proceedings being taken before any other jurisdiction.

(18.3) In the event of any dispute concerning the performance, termination or conditions of these TOS, the Parties shall attempt to ensure an amicable agreement, where applicable, resorting to mediation. Any dispute not resolved through amicable proceedings, followed by mediation, will be exclusively brought before the court of competent jurisdiction of the CIME. By accepting these TOS, the Student acknowledges that they accept the entirety of this exclusive competence clause. Amicable negotiation and mediation (if the provisions of the Code de la Consommation apply) are therefore mandatory preconditions before referring the case to the court.