|
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 for Enrollment" is the Enrollment
Agreement (hereinafter referred to as the Agreement) between the applicant who
wishes to enroll on a 3600 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 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 programs. 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 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 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.
|