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The
prospective students are advised to read the following legal aspects
and understand them clearly.
Enrolment
Agreement : The
"Application for Admission" is the Enrolment Agreement
(hereinafter referred to as the Agreement) between the applicant and
the IEL.
Entire
Agreement : This
Agreement constitutes and expresses the entire agreement and
understanding between IEL and the students of IEL 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.
No
Third Party Beneficiaries : Enrolment
of any student in the CIIA Program, shall not entitle any person
(including, without limitation, members) to any rights as third
party beneficiary.
No
Obligation to Services, etc. : IEL
has no obligation to render any services to the student members
beyond period of validity after the date of enrolment. To clarify
further, no obligation of IEL shall survive beyond period of
validity after the date of enrolment.
Limitation
of Liability : The
liability of IEL towards the students is limited only to the extent
of the fee paid by them. To clarify further, IEL shall not be liable
to the students for punitive, exemplary, special, indirect, or
consequential damages, including, without limitation, lost profits.
Assignment
: The
students of IEL cannot assign this Agreement nor any part thereof.
IEL may, without necessity of the students' consent, assign its
rights and obligations under this Agreement to a successor
organization.
Force
Majeure : IEL
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
IEL (including, without limitation, acts of God, fire, flood, war,
explosion, sabotage, terrorism, embargo, civil commotion, acts or
omissions of any government entity, supplier delays, communications
or power failure, equipment or software malfunction, or labor
disputes).
Indemnity
: A
student of IEL agrees to indemnify, defend and hold IEL harmless
from and against any and all loss, damage, liability and expense
(including reasonable attorneys' 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 all eged breach or failure to comply with any
applicable laws or regulations, concerning the practice of
profession of investment and portfolio management.
Applicable
Law : The
Agreement shall be deemed to have been made in Colombo, Sri Lanka
and shall be construed and enforced in accordance with and the
validity and performance hereof shall be governed by the laws of Sri
Lanka 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 Colombo,
Sri Lanka. |