Terms And Conditions

General: In these General Terms and Conditions, the following definitions are used:
1. IMOST ACADEMY (INDIA) PRIVATE LIMITED: a private limited company, with its registered office in 1/32 Puthuval Road Maliakal House Njarakkal, Kochi, Kerala 682503.
2. Client: the other party (a natural person or legal entity) that is negotiating a Contract with IMOST ACADEMY (INDIA) PRIVATE LIMITED, or that has awarded a Contract to IMOST ACADEMY (INDIA) PRIVATE LIMITED.
3. Contract: the agreement between IMOST ACADEMY (INDIA) PRIVATE LIMITED and a Client, including the agreement to provide Courses, to produce and supply Educational Material in whatever form and/or to render other services, such as consultancy, secondment, and examinations, all in the broadest sense.
4. Course: an educational activity, training, retraining, in-service training, study day, full-day event, workshop, or any other type of training program arranged for by IMOST ACADEMY (INDIA) PRIVATE LIMITED within the scope of the Contract.
5. Participant: a natural person who applies to IMOST ACADEMY (INDIA) PRIVATE LIMITED for a Course or is enrolled by a Client to attend a Course, test, or examination.
6. Educational Material: Course material, teaching or instructional material, documentation, notes, workbooks, certificates of participation, diplomas, or any other material in whatever form, that is supplied for the performance of a Course or Contract.
7. Consumer: the other party, a natural person, who is not acting in the course of a profession or business.
Applicability:
1. These General Terms and Conditions shall apply to all legal relationships between IMOST ACADEMY (INDIA) PRIVATE LIMITED and the Clients/Participants, and shall cover all agreements, offers, and/or quotations by IMOST ACADEMY (INDIA) PRIVATE LIMITED, as well as all enrolments relating to Courses, exams, and/or tests.
2. In the event the Client is in charge of arranging the Participant's enrolment, the Client has the obligation towards IMOST ACADEMY (INDIA) PRIVATE LIMITED to notify the Participants of the Participants' Terms and Conditions and impose such conditions on behalf of IMOST ACADEMY (INDIA) PRIVATE LIMITED. The Client will indemnify IMOST ACADEMY (INDIA) PRIVATE LIMITED against any claims brought by Participants, however named, in the event IMOST ACADEMY (INDIA) PRIVATE LIMITED is not able to invoke the stipulations of these Terms and Conditions with respect to the Participant due to a breach of the aforementioned obligations by the Client.
Quotations, realization, execution, and amendments to the agreement:
1. All offers and quotations submitted by IMOST ACADEMY (INDIA) PRIVATE LIMITED are without obligation.
2. In the course of performance of the Contract, IMOST ACADEMY (INDIA) PRIVATE LIMITED will exercise due care and diligence.
3. If and to the extent that IMOST ACADEMY (INDIA) PRIVATE LIMITED so requires for the purpose of the proper (and/or timely) execution of the agreement, IMOST ACADEMY (INDIA) PRIVATE LIMITED has the right to have certain activities performed by persons designated by IMOST ACADEMY (INDIA) PRIVATE LIMITED, which may include third parties.
4. The Client will ensure that all information that IMOST ACADEMY (INDIA) PRIVATE LIMITED has specified as necessary for the purpose of fulfilment of the agreement will be submitted to IMOST ACADEMY (INDIA) PRIVATE LIMITED in a timely fashion, as well as all information that the Client may reasonably be expected to know is necessary (including enrolment of Participants with full names, dates of birth, and places of birth). In the event the information required for the fulfilment of the agreement is not submitted to IMOST ACADEMY (INDIA) PRIVATE LIMITED in time, IMOST ACADEMY (INDIA) PRIVATE LIMITED has the right to suspend the performance of the agreement and/or charge the Client for any costs arising from the delay in accordance with the rates agreed on with the Client, or in the absence of such an agreement, in accordance with the customary IMOST ACADEMY (INDIA) PRIVATE LIMITED rates.
5. IMOST ACADEMY (INDIA) PRIVATE LIMITED shall not be liable for any damages whatsoever resulting from inaccurate and/or incomplete information submitted by the Client unless this inaccuracy or incompleteness was or should have been known to IMOST ACADEMY (INDIA) PRIVATE LIMITED.
6. If it has been agreed that the agreement is to be executed in phases, IMOST ACADEMY (INDIA) PRIVATE LIMITED may suspend execution of any work that is part of the subsequent phase until such time as the Client has approved the results of the immediately preceding phase in writing.
7. No time limit that is agreed under the Contract for completion of certain work shall ever be construed as a final deadline, unless expressly agreed otherwise. IMOST ACADEMY (INDIA) PRIVATE LIMITED will not be considered to be in default unless it has received written notice of default upon expiration of the aforementioned time limit, in addition to which IMOST ACADEMY (INDIA) PRIVATE LIMITED has been given a reasonable term for compliance, and that term has lapsed.
8. If, in the course of performance of the Contract, it emerges that for the purpose of the proper execution of the agreement, the scope of the work involved must be amended or supplemented, parties will, by mutual agreement and in a timely fashion, modify the agreement accordingly, during which parties will, in any event, make detailed arrangements relating to any consequences of these modifications as regards the price, quality, and date of execution of the work involved. IMOST ACADEMY (INDIA) PRIVATE LIMITED will notify the Client of such consequences as soon as possible. IMOST ACADEMY (INDIA) PRIVATE LIMITED will only be bound by any amendments to the original Contract after these amendments have been confirmed by IMOST ACADEMY (INDIA) PRIVATE LIMITED in writing or after it has actually implemented the amendments.
Rates and prices:
1. IMOST ACADEMY (INDIA) PRIVATE LIMITED will always have the right to adjust the agreed rates and/or prices. In the event IMOST ACADEMY (INDIA) PRIVATE LIMITED's Client is a Consumer, the Client is entitled to terminate the agreement if the price increase is implemented within three months of the conclusion of the agreement. The Client has the right to terminate the agreement with immediate effect if the price increase exceeds 10%.
2. All prices are exclusive of VAT, unless expressly stated otherwise. IMOST ACADEMY (INDIA) PRIVATE LIMITED is entitled to pass on any changes to the GST rate to the other party.
Payments:
1. Unless otherwise agreed in writing, all invoices submitted by IMOST ACADEMY (INDIA) PRIVATE LIMITED must be paid within 30 days of the invoice date, without any deductions or set-offs.
2. In the event no payment – or only partial payment – is made within the set time frame, the Client is considered to be in default without further notice of default being required. Without prejudice to its other obligations towards IMOST ACADEMY (INDIA) PRIVATE LIMITED, the Client will owe IMOST ACADEMY (INDIA) PRIVATE LIMITED interest on the amounts outstanding, calculated from the due invoice date to the date on which the amount is actually paid in full, at a rate of 3% above the annual rate of interest applicable at that time.
3. In the event the Client enters into liquidation, goes bankrupt or applies for a moratorium on payments, or if a statutory debt restructuring scheme is declared applicable to the Client, all amounts payable by the Client shall become immediately due and payable.
4. All payments made by the Client shall first serve to settle any outstanding interest and costs incurred and only then to settle the oldest outstanding invoices, even if the Client states that the settlement/payment pertains to a more recent invoice.
5. In the event of non-payment or if payment is not made in time, all legal costs, execution costs, administrative expenses and extrajudicial collection costs, including the costs involved in formulating and sending demands for payment, the formulation of settlement proposals, and the gathering of information, will be carried by the Client. The extrajudicial collection costs will be at least 10% of the invoice amount inclusive of GST, with a minimum of 150000.00.
6. All products supplied, including the Educational Material, will remain the property of IMOST ACADEMY (INDIA) PRIVATE LIMITED until the amount due to IMOST ACADEMY (INDIA) PRIVATE LIMITED is paid in full by the other party, including any interest and costs due.
Accuracy of the information provided:
1. All representations and/or statements relating to the services and products, including (but not limited to) the duration of the Course, the scope and technical design of the Educational Material or other documentation/aspects of the service(s) delivered by IMOST ACADEMY (INDIA) PRIVATE LIMITED, are made to the best of our knowledge. Any minor deviations in these representations shall not constitute grounds to terminate the agreement. The same applies to deviations/changes relating to the content of certain training courses and/or to the validity of certificates issued or to be issued, if/in the event IMOST ACADEMY (INDIA) PRIVATE LIMITED cannot reasonably be expected to have been aware of the deviations in question at the time IMOST ACADEMY (INDIA) PRIVATE LIMITED supplied the information to the (potential) Client(s).
2. Minor errors in the Educational Material or other documentation produced by IMOST ACADEMY (INDIA) PRIVATE LIMITED, including typographical errors that do not affect the editorial content, are not sufficient reason for termination of the agreement. Under no circumstances shall such errors constitute grounds for compensation.
Admissions policy:
1. At its discretion and in accordance with the entry requirements applied by IMOST ACADEMY (INDIA) PRIVATE LIMITED for a particular Course, IMOST ACADEMY (INDIA) PRIVATE LIMITED reserves the right not to admit Participants. If and when possible, IMOST ACADEMY (INDIA) PRIVATE LIMITED will provide the Client with these entry requirements together with the quotation, and will, in any event, inform the Client of these requirements in ample time before commencement of the Course in question. In the event a Participant is refused admission (by IMOST ACADEMY (INDIA) PRIVATE LIMITED) to a Course and the Client was aware of the entry requirements in advance, IMOST ACADEMY (INDIA) PRIVATE LIMITED will charge the Client in full for this not attended Course, as IMOST ACADEMY (INDIA) PRIVATE LIMITED will not be able to find another Course Participant to take the intended Participant’s place at short notice. Admission to a Course does not guarantee the Participant in question successfully passing the Course or being issued with a certificate of completion.
2. IMOST ACADEMY (INDIA) PRIVATE LIMITED has the right to exclude Participants from further participation in the Course in the event their conduct or other factors would disrupt the operation of the Course. Exclusion will not affect the Client’s obligation to pay in full.
3. Participants must strictly observe the training dates and times announced. IMOST ACADEMY (INDIA) PRIVATE LIMITED is under no obligation to fully or partially reschedule any lessons that Participants were prevented from attending. The Course fee will remain payable to IMOST ACADEMY (INDIA) PRIVATE LIMITED in full, i.e. including fees for any ‘missed’ sessions. 100% attendance is mandatory for courses. Course completion certificates will not be issued in case of absenteeism or lateness in attending the prescribed modules.
Force majeure:
1. Force majeure is defined as circumstances that prevent performance of the agreement and that cannot be attributed to IMOST ACADEMY (INDIA) PRIVATE LIMITED. Such circumstances (if and to the extent that these circumstances make performance impossible or unreasonably complicate performance) shall include: strikes in companies other than IMOST ACADEMY (INDIA) PRIVATE LIMITED, wildcat strikes or political strikes at IMOST ACADEMY (INDIA) PRIVATE LIMITED, a general shortage of the required raw materials and other goods or services required for the agreed performance; unforeseeable delays on the part of suppliers or other third parties on which IMOST ACADEMY (INDIA) PRIVATE LIMITED relies, and other transportation problems.
2. IMOST ACADEMY (INDIA) PRIVATE LIMITED also has the right to invoke force majeure if the causes preventing (further) fulfilment of its agreement with the Client(s) arise after IMOST ACADEMY (INDIA) PRIVATE LIMITED should have fulfilled its obligations.
3. If the situation of force majeure during which IMOST ACADEMY (INDIA) PRIVATE LIMITED is unable to meet its obligations exceeds a period of 30 (thirty) days, both parties are entitled to dissolve the Contract in full or in part without being required to pay compensation.
4. If upon the occurrence of the situation constituting force majeure IMOST ACADEMY (INDIA) PRIVATE LIMITED has already partially complied with its obligations, or can comply with its obligations only partially, IMOST ACADEMY (INDIA) PRIVATE LIMITED has the right to invoice the part already delivered or the ‘deliverable’ part separately, and the other party shall be required to pay that invoice as if it were a separate Contract.
Liability:
1. Any liability on the part of IMOST ACADEMY (INDIA) PRIVATE LIMITED relating to personal or bodily injury is limited to the amount which is paid out under the insurance policy, insofar as this liability is covered by its insurance, plus the amount of the excess which under the policy conditions is borne by IMOST ACADEMY (INDIA) PRIVATE LIMITED. In the event the insurance does not provide cover or if the insurance company refuses to pay, liability on the part of IMOST ACADEMY (INDIA) PRIVATE LIMITED shall be limited to the value of the invoice issued to the Client by IMOST ACADEMY (INDIA) PRIVATE LIMITED for the work involving the incident in question.
2. Notwithstanding the provisions of 9.1 IMOST ACADEMY (INDIA) PRIVATE LIMITED is not liable for any other damage whatsoever, including damage arising during or as a result of the use of the Educational Material prepared by IMOST ACADEMY (INDIA) PRIVATE LIMITED and/or damage that occurs while attending classes.
3. The limitations and exclusions contained in 9.1 and 9.2 do not apply if the damage is the result of intent or wilful recklessness on the part of (employees of) IMOST ACADEMY (INDIA) PRIVATE LIMITED.
Insufficient enrolments; Cancellation:
1. In the event of insufficient enrolments (less than 50% of the available Course places) for a particular Course, IMOST ACADEMY (INDIA) PRIVATE LIMITED has the right to cancel a Course without being liable to pay any compensation and/or costs. IMOST ACADEMY (INDIA) PRIVATE LIMITED will inform the Participants and/or Client of the cancellation no later than one calendar week prior to the originally scheduled Course date. Any Course fees already paid will be refunded.
2. Flexibility is our top priority. Given the unpredictable dynamic maritime business, we are fully aware that it is not always possible for our participants to be present and train on the exact booked dates. If you need to pass a change or cancellation, please contact our booking department by phone or email as soon as possible. IMOST ACADEMY (INDIA) PRIVATE LIMITED will then get in contact with you to arrange a new suitable date or to move the course to another date. If this is not feasible in the short term and the course has to be cancelled, IMOST ACADEMY (INDIA) PRIVATE LIMITED will normally never charge any extra costs. An exception on the above are costs associated with courses that we as the provider are also charged for in the event of cancellations. For example, the rental of external locations, examination costs by third parties, and no-show charges for external hiring of trainers and/or reserved locations. IMOST ACADEMY (INDIA) PRIVATE LIMITED will anyhow immediately inform you upon cancellation or otherwise as soon as possible if any additional costs are to be charged.
  The following policy will be applicable for cancellation:
  - Prior one month of commencement of course - 85 % of the fee will be refunded
  - Within 15 to 30 days of commencement of course - 50 % of the fee will be refunded
  - Within 14 days and up to 3 days of commencement of course - 25 % of the fee will be refunded
  - Within 72 hrs of commencement of course - No refund, the fees paid shall be forfeited.
  The Refund amount will be issued only through Online payment to the Candidate's account between 15-30days
  
  We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
  
  After completing the payment, you will be redirected back to the IMOST site for a payment confirmation message. Please don't press BACK or REFRESH button until you are directed back, you may see the white screen in the process. The process may take 2-3 mins.
Confidentiality:
1. Both parties will observe a duty of confidentiality with regard to all confidential information which they receive within the framework of this agreement from each other or from another source. Information is deemed confidential if the other party has indicated so or if the confidential character results from the nature of the information.
Intellectual property:
1. Without prejudice to the provisions of Article 11 (confidentiality) of these Terms and Conditions, IMOST ACADEMY (INDIA) PRIVATE LIMITED reserves its rights and powers under the copyright laws.
2. All of the documentation provided by IMOST ACADEMY (INDIA) PRIVATE LIMITED, such as Educational Material, presentations, advice, reports, drafts, designs, software, data carriers, etc., is exclusively intended to be used by the Client within the framework of the agreement and may not be reproduced, communicated to third parties, and or disclosed in any other manner by the Client without prior permission from IMOST ACADEMY (INDIA) PRIVATE LIMITED.
3. IMOST ACADEMY (INDIA) PRIVATE LIMITED reserves the right to use the knowledge acquired through the performance of the work, for purposes other than the fulfilment of the agreement, insofar as no confidential information is brought to the attention of third parties.
Settlement of disputes:
1. The District Court of Ernakulam will have exclusive jurisdiction to hear any disputes between IMOST ACADEMY (INDIA) PRIVATE LIMITED and the Client or Participant. IMOST ACADEMY (INDIA) PRIVATE LIMITED does, however, reserve its option of the right to summon the Client or Participant in front of the competent court at the domicile of the Client or Participant.
Applicable law:
1. All agreements between IMOST ACADEMY (INDIA) PRIVATE LIMITED and the Client are governed by Indian law.
  Our general conditions are applicable to all transactions and services rendered.

Terms and Conditions for IMOST ACADEMY (INDIA) PRIVATE LIMITED

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