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The
Institute of Chartered Financial Analysts of India
University, Tripura (referred to hereafter as the
University) was established in 2004 through an Act of State
Legislature (Tripura Act 8 of 2004). 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,
Tripura.
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 Institute of
Chartered Financial Analysts of India University, Tripura
(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 MBA-CFA Dual Degree Program, 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 and financial analysis.
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 Agartala,
Tripura, 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
Agartala in the State of Tripura, 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 Tripura, 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 Agartala, Tripura.
Jurisdiction
for all disputes (if any) relating to the University is
only/exclusively Agartala, Tripura, India.
©
The ICFAI University, Tripura. All rights reserved. |