|
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 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 PG Diploma 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 register for the examinations or their
examination result will not be released and their mark sheets, pass certificates
will 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 profession
of finance, management and law .
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.
|