|
The
ICFAI University, Dehradun (referred to hereafter as the University)
was established in 2003 under the ICFAI University Act 2003 of the
Uttaranchal (now Uttarakhand) Legislative Assembly. The University
has been approved by the University Grants Commission, under Section
2(f) of the UGC Act, 1956. The Distance Education Council (DEC) has
approved the programs of the ICFAI University, Dehradun. The
students are enrolled on a flexible mode.
The
University reserves the right to change the body of knowledge,
prescribed books, the curriculum, examination pattern, evaluation
system, rules and regulations. The students are governed by the
latest regulations applicable to them during the relevant academic
year. This document is designed to provide the prospective students
with information only. The University assumes no liability of any
kind to any person for providing this information, whether or not
such persons rely on it and even if they inform the University of
their reliance on it.
This
document may contain forward-looking statements like, but not
limited to, general market, macro-economic, governmental and
regulatory trends, technological developments, legislative
developments, court decisions, scope for further studies, career
opportunities for graduates from the University. Such
forward-looking statements contained herein are subject to certain
risks and uncertainties that could cause actual results to differ
materially from those reflected in the forward-looking statements.
The University undertakes no duty to update any forward-looking
statements, to reflect future events or circumstances.
Enrollment
Agreement: The "Application Form for Enrollment" is
the Enrollment Agreement (hereinafter referred to as the Agreement)
between the applicant who wishes to enroll on a flexible mode and
the ICFAI University, Dehradun (hereinafter referred to as the
University).
Entire
Agreement: This Agreement constitutes and expresses the entire
agreement and understanding between the University and the students
of the University in reference to all matters herein referred to,
all previous discussions, promises, representations and
understandings relative thereto, if any, had between the parties
hereto, being herein merged.
Interpretation:
The masculine, feminine or neuter gender and the singular or plural
number shall be deemed to include the other gender or numbers where
the context so indicates or requires. Unless otherwise expressly
provided, references to days, months or years are to calendar days,
months or years. Person or persons include individuals,
partnerships, corporations, government agencies or other entities.
Section headings are included for convenience only and are not to be
used to construe or interpret this Agreement.
Conclusion
of the Agreement: The Agreement is irrevocably concluded after
the applicant signs the application form and submits it along with
the required amount, physically, electronically or otherwise.
No
Third Party Beneficiaries: Enrollment of any student into the
Master Degree Programs, shall not entitle any person (including,
without limitation, members) to any rights as third party
beneficiary.
Balance
of Dues: The liability of the student to pay the balance of dues
continues until the last instalment is cleared even if the student,
for any reason, withdraws from/discontinues the pursuit of the
program. Wherever students have arrears of payment, they will not be
permitted to write the examinations or their examination result will
not be released and their mark sheets, pass certificates may not be
issued; further such students will be considered as inactive on the
rolls and their names are liable to be removed from the records.
No
Obligation to Services, etc.: The University has no obligation
to render any services to the student members beyond the period of
validity of enrollment. To clarify further, no obligation of the
University shall survive beyond the period of validity of
enrollment.
Limitation
of Liability: The liability of the University towards the
students is limited only to the extent of the fee paid by them. To
clarify further, the University shall not be liable to the students
for punitive, exemplary, special, indirect, or consequential
damages, including without limitation, lost profits.
Assignment:
The students cannot assign this Agreement nor any part thereof
the University may, without necessity of the students' consent,
assign its rights and obligations under this Agreement to a
successor organization.
Force
Majeure: The University shall not be liable for delay or failure
in performance of any of its obligations under the Agreement when
such delay or failure arises from events or circumstances beyond the
reasonable control of the University (including without limitation,
acts of God, fire, flood, war, explosion, sabotage, terrorism,
embargo, civil commotion, acts or omissions of any government
entity, supplier delays, decisions of the University, decisions of
the courts and governments, communications or power failure,
equipment or software malfunction, or labor disputes).
Indemnity:
A student agrees to indemnify, defend and hold the University
harmless from and against any and all loss, damage, liability and
expense (including reasonable attorney’s fees and costs) arising
out of any third party claim, action or proceeding based directly or
indirectly on the acts of omission or commission by the member or
his/her agents, the breach or alleged breach or failure to comply
with any applicable laws or regulations, concerning the practice of
respective professions.
Arbitration:
All disputes relating to or arising out of this Agreement shall be
settled by reference to arbitration only and not by recourse to the
courts of law, as per the applicable Indian Law including the
Arbitration and Conciliation Act of 1996. Arbitration shall be
conducted by an arbitration tribunal consisting of a single member
only. The University’s nominee shall be the ‘persona designata’
as an arbitrator. The venue of arbitration shall be Dehradun,
Uttarakhand, India. The arbitration clause shall however not apply
if the University and/or the authorized agent decides to prosecute
any student for any criminal offences, including but not limited to
dishonor of postdated cheques.
Applicable
Law: The Agreement shall be deemed to have been made in Dehradun
in the State of Uttarakhand, India and shall be construed and
enforced in accordance with and the validity and performance hereof
shall be governed by the laws of the State of Uttarakhand, India
without reference to principles of conflict of laws thereof.
Judicial proceedings regarding any matter arising under the terms of
the Agreement shall be brought in the relevant courts of Dehradun,
Uttarakhand.
Jurisdiction
for all disputes (if any) relating to the University is
only/exclusively Dehradun, Uttarakhand, India.
©
The ICFAI University, Dehradun. All rights reserved.
|