|
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 UG Degree and PG 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 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
management/commerce/arts/sciences/law/education.
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.
|