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Enrolment Terms & Conditions

Achieve your Ambition with Damelin.

Enrolment
Terms & Conditions

Achieve your Ambition with Damelin.

Terms & Conditions

At Damelin we recognise that privacy is important. This Privacy Policy applies to all of the products and services offered by Damelin. We will always respect the privacy of all user  information and we promise NEVER to give out any details provided to us.vWhen you agree to receive Newsletters from Damelin, you will at all times be able to unsubscribe from receiving these Newsletters. We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data. We restrict access to personal information to Damelin employees, contractors, rewards partners and agents who need to know that information in order to operate, develop or improve our services.

These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

Please also note:
Damelin has implemented and uses Display Advertising in the form of Remarketing. This Google Analytics feature has been implemented accordingly and is used to advertise online.
Third-party vendors, including Google, show our ads on sites across the Internet. Damelin and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise and serve ads based on someone’s past visits to our website.

You have the option to opt-out of Google Analytics for Display Advertising and customise Google Display Network ads using the Ads Preferences Manager.
Alternatively you can go to the Google Analytics opt-out browser add-on.

Information about end users will be collected in the course of advertising. This information is used to build up a database of enquirers. Enquirers will be sent further information based on their unique interests and individual needs.
1. INTERPRETATION AND DEFINITIONS
1.1. In this Agreement: –
1.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of this Agreement, nor to modify nor amplify any of its provisions;
1.1.2. A reference to: –
1.1.2.1. The singular shall include the plural and vice versa;
1.1.2.2. A natural person shall include a juristic person and vice versa;
1.1.3. All the annexes hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement;
1.1.4. Words and/or expressions defined in this Agreement shall bear the same meanings in any annexes hereto, which do not contain their own defined words and/or expressions;
1.1.5. Where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day;
1.1.6. Where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday, the Parties shall be deemed to have intended such act to be performed upon the immediately preceding business day;
1.1.7. Where an expression has been defined and such definition contains a provision conferring a right or imposing an obligation on any Party, then, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;
1.1.8. If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two;
1.1.9. Words and/or expressions defined in any particular clause in the body of this Agreement shall, bear the meaning so assigned to it throughout this Agreement;
1.1.10. The contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;
1.1.11. The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision
concerned and wherever the word “including” or “includes” is stated it shall not limit the interpretation thereof and shall be all inclusive;
1.1.12. The expiration or termination of this Agreement shall not affect such of its provisions as expressly, provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination.
1.2. In this Agreement, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
1.2.1. “THIS AGREEMENT” – means collectively, this agreement and the annexes hereto;
1.2.2. “CONSUMER” – means the student/payer/surety/guarantor and/or third party/sponsor;
1.2.3. “DAMELIN” – means Damelin (Pty) Ltd, a company incorporated in accordance with the laws of the Republic of South Africa, Registration Number: 1995/012787/07;
1.2.4. “FORCE MAJEURE” – means in relation to either Party, any circumstances beyond the reasonable control of that Party (including, without limitation, any strike, lockout or other form of industrial action);
1.2.5. “PARTIES” – means collectively, the student/payer/consumer and Damelin; and “Party” shall mean either one of them as the context requires;
1.2.6. “PORTFOLIO OF EVIDENCE” and “PoE”– means the portfolio containing the student’s examinations, assessments and tests;
1.2.7. “SIGNATURE DATE” – means the date upon which the Party signing last in time signs this Agreement.
1.2.8. “GUARANTOR” – means the guarantor and co-principal debtor in solidum.

2. ENROLMENT
2.1. The consumer acknowledges that this agreement shall only come into force once the enrolment form is duly completed and signed and accepted by DAMELIN, the correct documentation is attached and an invoice is issued
to the student upon payment of the required registration fee and minimum required deposit. The student shall be provided with a copy of his/her enrolment contract reflecting the student number, which the student acknowledges evidences his/her enrolment with DAMELIN.
2.2. Notwithstanding anything contained herein and more especially Clause 2.1 this agreement shall only come into effect immediately upon payment of the registration fee and minimum deposit. A student’s registration is only effective upon submission of all requisite documents as per Clause 3.
2.3. Enrolment and/or registration of a programme shall be for the duration of the year of the programme for which the student has registered.

3. ACCOMPANYING DOCUMENTS
The following material must accompany this application, namely:
3.1. The original and certified copy (no older than three months) of the front page of student’s and payer/surety/guarantor/third party/sponsor’s (where applicable) valid identity document (if a South African citizen);
3.2. Certified copies of student’s study permit in the name of the institution at which he/she is studying and front page of valid passport (if not a South African citizen). The passport must be valid for a minimum period of 12 (twelve) months from date of registration;
3.3. Where applicable, original and certified copies of Matriculation (Grade 12) Certificate or equivalent, Grade 11 report, or School Leaver’s Certificate. If the student is awaiting matriculation results, these must be furnished as soon as they become available; and in any event prior to commencement of the programme registered for;
3.4. Original and certified copies of Academic Record and Certificate of Good Conduct should the student be transferring from another tertiary education institution or examining body to Damelin.

4. PAYMENT/CREDIT VETTING
4.1. By his/her/their signature hereto the consumer hereto authorise/s DAMELIN to enquire from the employers of the person responsible for payment and including the employers of the consumer, the complete details of the salary of such person including the date on which the salary is paid and the amount thereof.
4.2. Any amounts that are due under and/or in terms hereof shall be deducted on the salary date of the person who is responsible for payment or the date on which sufficient funds are available. If a payment fails via a Debit order or post-dated cheque, a R250.00 (two hundred and fifty rand) administration fee will be charged to the account of the consumer in addition to the fee charged by the bank/s in respect thereof.
4.3. Should for any reason whatsoever a debit order be returned unpaid, then the person responsible for such payment hereby irrevocably authorises DAMELIN to debit his/her account with the amount due on any date as DAMELIN may choose or when sufficient funds are available and/or to double debit his/her account and/or to include such other charges as may be applicable with the amounts due at the next debit order date or such other date as may be chosen by DAMELIN in terms hereof.
4.4. By his/her/their signature hereto the consumer/s hereto hereby consent to DAMELIN registering and obtaining credit bureau reports from time to time through any credit bureau or similar institution in order to ascertain the personal circumstances, credit history and credit worthiness and to supply details of defaults of the consumer hereto.
4.5. By his/her signature hereto the persons responsible or standing as guarantor for the payment of fees and/or any amounts due under and/or in terms hereof hereby irrevocably authorises DAMELIN to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau or the like.
4.6. If a payment option other than full settlement is selected: the student/company/guarantor/surety/sponsor must submit FICA documents as follows:
4.6.1. Proof of income, being in respect of permanently employed persons, in the form of the original and certified copies of the 3 (three) most recent salary advice and 3 (three) months’ bank statements for self-employed persons and;
4.6.2. Proof of residence.

5. TRANSFER PROCEDURE
5.1. Transfer from one DAMELIN Campus to another;
5.1.1. All tuition will be conducted at the preferred campus indicated on the face of this agreement, unless DAMELIN informs the student/consumer otherwise.
5.1.2. A student is entitled under certain circumstances to transfer his tuition to another DAMELIN campus. The consent to transfer shall be at the sole discretion of DAMELIN.
5.2. Transfer from one DAMELIN Programme to another;
5.2.1. Such transfer will be done only on the sole discretion of the Institution and will always be subject to the standards as set out in the Recognition of Prior Learning.
5.2.2 A student who wishes to transfer his/her enrolment from one DAMELIN programme to another, at the same campus and in the same academic year and/or quarter (whichever is applicable), may apply for permission to do so from DAMELIN within the first month of the current programme provided that not more than one month has elapsed since the commencement of the new programme to which he/she intends transferring.
5.2.3. Where the fees in respect of the programmes differ, the transfer shall be subject to a new affordability assessment by the consumer and DAMELIN’S approval of the affordability assessment and the transfer. In all such cases, the fee payable will be that of the programme carrying the higher fee, even if that happens to be the programme from which he/she is transferring. In addition to the higher tuition fee, the consumer will be charged the value of the notes/books for the programme from which he/she or the student, as the case may be is transferring from, as well as those required for the programme to which he/she or the student is transferring to. The consumer/s must sign documents undertaking to make payment of the increased fee before any transfer can be approved.
5.2.4. In the case of a consumer transferring from any full-time computer programme to another, the consumer will in addition to clause 5.2.3 be charged a default administration fee in respect of computer and software costs.
5.2.5. A transfer is subject to space in the programme chosen to accommodate the consumer in addition, the consumer must qualify for transfer to such programme chosen.

6. DEFERRAL OF PROGRAMMES
6.1. All students wishing to defer their studies, or part thereof, may make an application in writing to DAMELIN within 14 (fourteen) days of the start of the programme whereupon flexible study options may be considered at the sole discretion of DAMELIN. A deferral charge of 30% (thirty percent) of the original cost of the full programme to be deferred will be levied against the consumer as precondition to DAMELIN approving the application for the deferral.
6.2. The student is only permitted to defer their studies for the period from date of deferral until the commencement of the next semester in which the programme will be taught and only up to a maximum period of 1 (one) year.
6.3. The consumer shall forfeit any fees paid to the campus in respect of any application to defer subsequent to the period stipulated above.

7. CANCELLATION
7.1. If the consumer registered in an academic year wishes to cancel their enrolment for that year, the following conditions shall apply:
7.1.1. In respect of one year programmes and other programmes, excluding short skills and/or provider/certificate courses: A student may cancel his/her enrolment for the current academic year of study as a whole by completing the cancellation form together with the necessary supporting documents.
7.1.2. In respect of full-time and part-time studies: a consumer may cancel his/her enrolment by completing a cancellation form and return this together with the necessary supporting documents.
7.2. The consumer shall only be exonerated from liability for the tuition fees (excluding the registration fee, default administration charges and the costs of notes/books, all which remain payable and non-refundable) provided that: DAMELIN is informed in writing no later than thirty (30) business days (in respect of full-time courses) and fifteen (15) business days (in respect of part-time courses), prior to the originally scheduled commencement date of the course.
7.2.1. Postponement of the commencement date of the course does not entitle the consumer to a refund.
7.3. The consumer must have received confirmation of receipt of such cancellation from DAMELIN for any cancellation to be effectively approved. It is the sole responsibility of the consumer to ensure that he/she has received such confirmation from DAMELIN, without which such cancellation whilst applied for is not effective/approved.
7.4. Should the consumer wish to cancel such registration and such cancellation is after the 4 (four) week (full-time), 2 (two) week (part-time) notice period required in terms of this contract then the consumer shall be liable to pay the reasonable cancellation costs that DAMELIN has determined to be reasonable, which is agreed by the student to be 80% (eighty percent) of the annual fees charged, and which the consumer hereby agrees to, by his/her signature hereto being the fixed costs of the programme.
7.5. However and at the sole discretion of DAMELIN, and in addition subject to the Parties reaching agreement on the relevant Terms and Conditions, full tuition value may be given instead in respect of registration for another programme offered by the campus, within the same academic year, to the consumer or (at the election of the consumer) to a member of his/her immediate family and subject to entrance requirements.
7.6. Once a consumer has commenced attending lectures the student may not cancel this agreement except as provided for herein.
7.7. Any consumer shall only be entitled to cancel under this clause up until 14 (fourteen) days after the release of their matric results, in respect of first year student’s whose eligibility for the course enrolled for is dependent upon the results of their matric examinations, (save for exceptions made at the sole discretion of DAMELIN), whereafter any cancellation will not result in any reduction of the fees payable for the entire programme.
7.8. All cancellations are subject to approval by the DAMELIN Cancellation Committee and on such Terms and Conditions as it may determine. Cancellations will only be processed once a duly completed refund and cancellation form has been submitted to DAMELIN. Refund and cancellation forms may be obtained from DAMELIN at the nearest campus or by way of an email request and shall be subject to the cancellation terms and conditions as contained herein.
7.9. All part-time students are not allowed to cancel any programme after commencement and there will be no refund after the notice period stated above.
7.10. Refunds, if applicable, will take a minimum of 90 (ninety) days to be paid, from date of approval by the Damelin Cancellation Committee.

8. GENERAL
8.1. The consumer shall not, by reason of his/her failure to attend lectures, or failure to meet the requirements for successful completion of the course, be entitled to a reduction in fees, nor will it absolve the consumer from full liability for the payment of the full fees and other charges.
8.2. Where an instalment payment plan has been entered into, the full outstanding fee becomes immediately payable in the event of any non-payment of a debit order, without notice to the consumer.
8.3. Should any payment which falls due not be made for a period of 1 (one) month then the consumer and/or the person responsible for payment hereby agrees and acknowledges that such consumer will be barred from attending lectures and campus and/or receiving any tuition material and/or tuition until such time as satisfactory arrangements have been made wit DAMELIN that are acceptable to DAMELIN. DAMELIN reserves the right to exclude a student more than once from its campus as well as exclude them from exams.
8.4. No consensual or other cancellation of this contract shall be of any force or effect without the written confirmation from an authorised official (being a Student Services Manager or person of higher authority) of DAMELIN. For purposes of this clause only, written confirmation shall include electronic mail confirmation.
8.5. The consumer is hereby informed that no verbal agreements by any person shall be of force and effect unless the consumer has such cancellation confirmed in writing from the DAMELIN Cancellation Committee. The student by
his/her signature hereto is made aware of the provisions of this clause and hereby acknowledges acceptance thereof
8.6. The right to attend lectures and write exams is not transferable. Accordingly, the consumer shall attend all lectures in person and shall be the only person entitled to write examinations in respect of the subjects forming part
of the DAMELIN programme for which the consumer has enrolled. Any attendance registers must be signed by the consumer himself/herself and under no circumstances will any other person be authorised to sign attendance for any student. Under no circumstances will ANY student be permitted to write exams if any amount is outstanding and the full fees and other amounts due under this contract are not paid in full prior to such exam.
8.7. The consumer accepts that DAMELIN shall have the right to vary the programme syllabus at any time, without prior notification and without furnishing reasons therefor. DAMELIN shall further have the right to alter timetables and exam dates and programme commencement dates at its own discretion.
8.8. The consumer hereby acknowledges and accepts that DAMELIN shall have the right at all times to vary the Terms and Conditions hereof. DAMELIN shall post such alterations and/or additions and/or variations on its website (www.damelin.co.za) or in such other medium/media as it deems fit as soon as is practical in the circumstances. The consumer’s attention is drawn to the provisions hereof and the consumer undertakes to visit such website
regularly to ensure that the consumer is fully informed of such.
8.9. DAMELIN shall have the right in its sole discretion, to postpone or cancel tuition in any programme initially advertised and offered, on the basis of insufficient demand. DAMELIN shall be entitled to combine classes of a similar academic level and content. In such event, the usual cancellation process as prescribed above shall be followed save and except to non-refundable registration fees
8.10. The registration fee paid in terms hereof is non-refundable. Should a consumer fail his/her matric or equivalent examination and is no longer eligible for registration in the elected programme, DAMELIN shall at its own discretion offer to the student an alternative, if the student qualifies for any alternative. The registration fee in such instances remains non-refundable.
8.11. DAMELIN will be entitled to create and apply rules (including due performance requirements) and the consumer hereby agrees to be bound by such rules. DAMELIN shall be entitled to exclude the student from lectures and examinations (without in any way detracting from the right of DAMELIN to recover fees payable), and to withhold a consumer’s results (or the consumer’s examination results) should the consumer, as the case may be, fail to comply with any of the terms of this agreement and/or the student code of conduct and/or failure to pay outstanding amounts due.
8.12. The consumer shall be liable for all costs incurred by DAMELIN, including, but not limited to legal fees on an attorney client scale, collection charges and tracing charges in enforcing the obligations of the consumer under this agreement.
8.13. The fees and other charges reflected on the invoice do not include external institute membership fees, external university fees, external registration fees, ANY examination fees (whether internal or external), notes, books, accommodation, stationery or other items, which shall be for the account of the consumer.
8.14. The student (where the consumer is not also the student) is responsible for ensuring that he/she has been properly registered to write exams internally and with any relevant external institute or examining body, where applicable, and that he/she or the consumer (where the consumer is not also the student) must ensure that written confirmation of being registered for examinations is received from such relevant institute or body and that all relevant fees to such body have been paid by the consumer and that he/she is aware of the exam timetable which is the consumer’s responsibility. 8.15. In the case of a Force Majeure such as war, strike, riot, crime, act of God (e.g., earthquake, volcano), DAMELIN will be entitled to suspend lectures and/or temporarily close any campuses affected thereby. The consumer shall not by reason of such suspension or closure be entitled to terminate this agreement or claim a refund of fees paid or a reduction on fees payable or any compensation from DAMELIN in whatsoever manner or form.
8.16. No relaxation, waiver variation and/or indulgence granted by DAMELIN to the consumer shall constitute a waiver of any rights vesting in DAMELIN in terms hereof, and no reliance may be placed by the customer or signatory hereto or any statement or representation (whether oral, tacit or otherwise) not contained herein. Neither shall such indulgence, waiver and/or relaxation granted operate as an estoppel against DAMELIN.
8.17. All correspondence assessments, Portfolios of Evidence (PoE’s), assignments and/or any other submissions must be by way of registered mail, email or by hand delivery or as specified to DAMELIN’S premises at which the consumer is registered. It is the responsibility of the consumer to ensure that he/she obtains confirmation in writing from Damelin on receipt of any documentation and the consumer is obliged to keep a certified copy thereof and to submit same in the event of the original being destroyed or misplaced.
8.18. In the event of the signatories to this agreement, having completed this form incorrectly and/or having signed an incorrectly completed form, or the payment details herein not being in accordance with the requirements of DAMELIN, DAMELIN shall be entitled to reject the consumer’s application and/or to require the consumer to complete a new application in its sole discretion. DAMELIN may not be held responsible for such errors or the consequences thereof and shall not be responsible for any loss incurred thereby contingent or not, may in its sole discretion agree to abide by or reject such application. The consumer agrees to be bound by such application.
8.19. The consumer accepts, that as part of the assessment of the programme, the consumer must fulfil certain academic requirements, which may include (but are not limited to) the completion and/or sign-off of a Portfolio of Evidence (PoE) or other forms of assessments.
8.20. The consumer agrees and acknowledges that in certain circumstances, external bodies are responsible for the verification and award of a qualification. In such circumstances DAMELIN shall not be held responsible and/or liable for any delays occasioned by the verification process of the awarding/external body.
8.21. The consumer acknowledges and agrees that the sole responsibility of the submission of the PoE shall be that of the consumer and that DAMELIN accepts no responsibility for the submission thereof. The consumer must be able to prove that he/she has submitted a PoE by way of written confirmation from DAMELIN and in addition the student MUST keep a certified copy of the submitted PoE stamped or signed by DAMELIN in the event of the PoE having being lost/destroyed, making it necessary to be resubmitted. DAMELIN shall not be held liable for any damages arising from any circumstances in any manner and/or form, more specifically DAMELIN shall not in any circumstance be responsible for contingent liability.
8.22. Where programmes are subject to external verification and certification, DAMELIN’S result sheet shall not be valid and may not be used as proof of having passed such a programme and/or qualification or any other purpose whatsoever.
8.23. Consumers will not be allowed on campus if their account is in arrears. DAMELIN will not issue any consumer with a certificate/diploma/award if any outstanding amount is not paid by the consumer. The consumer by their signature hereto, hereby specifically agrees to the same.
8.24. Consumers will further not be permitted to attend any Graduation ceremony and shall not be issued with their award in the event that their fees remain outstanding.
8.25. The consumer acknowledges and agrees that all work and intellectual property (including but not limited to, copyright, trademark and patent) produced during his/her enrolment with DAMELIN shall belong exclusively to DAMELIN and that the consumer shall have no right to such work produced and waives any and all claim in respect thereof.
8.25.1. In addition, the consumer explicitly cedes in perpetuity and in favour of DAMELIN all rights, titles, and interests in and to any intellectual property, created, generated, produced, designed or otherwise by him/her pursuant to his/ her enrolment in the programme.
8.25.2. The consumer undertakes that he/she shall have no right of claim against DAMELIN in respect of the intellectual property at any time during or after his/her enrolment with DAMELIN.

9. PLAGIARISM
9.1. The consumer understands that submission of any academic work should be the intellectual work of the consumer. Should submission of any academic work not be that of the consumer, it will constitute fraud, which may result in the expulsion of the consumer.

10. PROMOTIONAL ITEMS
10.1. Any consumer who receives a promotional item as a result of this enrolment contract, hereby acknowledges that DAMELIN is not responsible for any repairs, service issues, warranties or performance in relation thereto. These must be referred to the promotional item manufacturer, service provider, network or agent(s) thereof, as the case may be, as well as the Terms and Conditions on the DAMELIN website. Any promotional item bearing the name, logo or likeliness of DAMELIN and/or its associated brands must only be utilized in a manner which upholds the reputation of DAMELIN and/or its associated brands.
11. LEGAL DECLARATION AND INDEMNITY

11.1. Neither DAMELIN nor any official employee or representative of DAMELIN acting in his/her capacity as such shall be liable for any damages, contingent or otherwise arising out of:
11.1.1. The death, bodily harm, loss of health or illness of any customer caused; and
11.1.2. The destruction of and/or damage and/or loss and/or theft of any property owned by or in the custody of any customer, howsoever caused.
11.1.3. Any negligence or oversight on the part of such employee, during the course of its performance of their duties and functions, more especially in the event that any award is made to the consumer erroneously.
11.2. The consumer hereby indemnifies DAMELIN against any claim made (whether for damages, costs or otherwise) against DAMELIN in respect of any action and/or omission of the student and/or the consumer (where the consumer is not also the student).
11.3. The consumer by his/her signature hereto hereby confirms that he/she is fully aware of the type of programme enrolled for and that it is his/her responsibility to make himself/herself aware of the types of programmes and that he/ she has fully understood the programme/award/qualification and/or credits awarded in respect of the programme that he/she registers for and is indeed the programme that he/she wants to register for and that no representations have been made other than those contained in the official prospectus or on the enrolment form and fact sheet.
11.4. The consumer hereby indemnifies DAMELIN (PTY) LTD against any claim arising from any circumstances in whatsoever manner and/or form. The consumer is further aware of the fact sheet in respect of the programme enrolled and confirms that it accurately reflects the qualification to be conferred and the type of programme registered for.
11.5. By their signature hereto and on the fact sheet, the consumer irrevocably indemnifies DAMELIN against any claim, contingent or otherwise and he/she shall remain bound by the representation contained in such fact sheet. The consumer is obliged to keep updated on programme outcomes and qualifications at all times.

12. PROTECTION OF PERSONAL INFORMATION
12.1. The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as ‘POPI’).
12.2. The consumer hereby authorises DAMELIN or any other authorised member of the management team to use, review and process any personal information provided to DAMELIN and to use same in the manner that DAMELIN sees fit.
12.3. The persons signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information processed in accordance with the conditions for the lawful processing of their personal information, and hereby give their consent to DAMELIN to collect, process and distribute relevant personal information where DAMELIN is legally required, and/or obliged to do so. They also consent to any third party service providers to have access to their personal information and consent to DAMELIN sharing same.
12.4. The persons signing this agreement confirm and acknowledge that they are aware that the information that they have provided may be transmitted to persons, companies, subsidiaries, affiliates and third parties outside of the borders of South Africa and hereby consent in terms of section 72 of POPI to such transmission and use by DAMELIN.
12.5. The consumer hereby consents to DAMELIN obtaining, using and disclosing his/her personal information, when necessary, as follows:
(a) To provide the materials to the consumer and otherwise perform our obligations and enforce our rights under this Agreement;
(b) To use the information provided to inform the student about DAMELIN’S other programmes, products or services that may be of interest to him/her;
(c) To share the consumer’s information with companies in our group, (associated companies and third parties) to enable them to inform the consumer of other products or services that may be of interest to him/her; and
(d) To hand over to attorneys and debt collection agencies, if the consumer is in breach of this agreement.
12.6. The consumer hereby acknowledges and agrees to DAMELIN using and disclosing his/her personal information where either directly or indirectly required to do so in terms of such laws or orders of court, or where requested to do so by certain Government organisations or for record keeping and statistical purposes.

13. DOMICILIUM CITANDI ET EXECUTANDI
13.1. The student/payer and/or the third party choose the address as disclosed on the face of this agreement as your, the payer’s and/or the third party’s domicilium citandi et executandi for all purposes arising from this agreement including, but not limited to service of notices, delivery of programme materials and/or legal processes.
13.2. DAMELIN chooses as it domiclium citandi et executandi for the purposes of service of all legal notices and processes 57 Underwood Road, Pinetown, 3610.

14. BREACH AND TERMINATION
14.1. In the event of the consumer committing a material breach, including but not limited to non-payment of fees, dishonesty, violence, drugs, etc, which shall not require a notice of a breach, alternatively of any of the terms of this Agreement and failing to remedy such breach within a period of 7 (seven) business days after receipt of a written notice from DAMELIN calling upon the defaulting party to remedy the breach complained of then:
14.1.1. DAMELIN shall be entitled at its sole discretion without prejudice to any of its other rights in law, either:
14.1.1.1. To claim specific performance of the terms of this Agreement; and/or
14.1.1.2. To cancel this Agreement forthwith; and/or
14.1.1.3. Claim and recover damages from the student/consumer.

15. RULES AND REGULATIONS
15.1. The consumer by his/her signature hereto hereby acknowledges that he/she has read and agrees to abide by all the rules and regulations of any campus that he/she attends and acknowledges that he/she can be disciplined in terms thereof.
15.2. The consumer further acknowledges that right of admission to any of DAMELIN’S campuses is strictly reserved and DAMELIN may, at its own discretion refuse admittance to any consumer.
15.3. The consumer agrees and acknowledges that he/she shall be subject to DAMELIN’S disciplinary code for a breach of any of the Terms and Conditions herein and/or the Rules and Regulations as established by DAMELIN.

16. ENTIRE CONTRACT
16.1. The Terms and Conditions contained herein as well as the terms contained on the DAMELIN website (www.damelin.co.za) shall be the entire contract between the consumer and DAMELIN. No variation or alteration hereof shall be of any force and effect unless reduced to writing and signed by both parties in ink and by hand.All information collected in the course of advertising is stored and secured in a strictly regulated CRM system. Access to information is only granted to a selected number of authorised Damelin employees. Information is accessed and deleted manually.

Under no circumstances will the collected information be disclosed to a third party by the Advertiser.

At Damelin we recognise that privacy is important.
This Privacy Policy applies to all of the products
and services offered by Damelin. We will always respect
the privacy of all user information and we promise
NEVER to give out any details provided to us. When
you agree to receive Newsletters from Damelin, you
will at all times be able to unsubscribe from receiving
these Newsletters. We take appropriate security
measures to protect against unauthorised access to
or unauthorised alteration, disclosure or destruction
of data. These include internal reviews of our data
collection, storage and processing practices and
security measures, as well as physical security
measures to guard against unauthorised access to
systems where we store personal data. We restrict
access to personal information to Damelin
employees, contractors, rewards partners and agents
who need to know that information in order to
operate, develop or improve our services.

These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Please note that this Privacy Policy may change from time to time. We will not
reduce your rights under this Privacy Policy without your explicit consent, and we expect most such
changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the
changes are significant, we will provide a more prominent notice (including, for certain services,
email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the
top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

Please also note:
Damelin has implemented and uses Display
Advertising in the form of Remarketing. This Google
Analytics feature has been implemented accordingly
and is used to advertise online.
Third-party vendors, including Google, show our ads
on sites across the Internet. Damelin and third-party
vendors, including Google, use first-party cookies
(such as the Google Analytics cookie) and third-party
cookies (such as the DoubleClick cookie) together to
inform, optimise and serve ads based on someone’s
past visits to our website.

You have the option to opt-out of Google Analytics for Display Advertising and customise Google Display Network ads using the Ads Preferences Manager. Alternatively you can go to the Google Analytics opt-
out browser add-on.

Information about end users will be collected in the course of advertising. This information is used to
build up a database of enquirers. Enquirers will be
sent further information based on their unique interests and individual needs.
1. INTERPRETATION AND DEFINITIONS
1.1. In this Agreement: –
1.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of this Agreement, nor to modify nor amplify any of its provisions;
1.1.2. A reference to: –
1.1.2.1. The singular shall include the plural and vice versa;
1.1.2.2. A natural person shall include a juristic person and vice versa;
1.1.3. All the annexes hereto are incorporated herein and shall have the same force and effect as if they
were set out in the body of this Agreement;
1.1.4. Words and/or expressions defined in this Agreement shall bear the same meanings in any annexes hereto, which do not contain their own
defined words and/or expressions;
1.1.5. Where a period consisting of a number of days
is prescribed, it shall be determined by excluding the
first and including the last day;
1.1.6. Where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday, the Parties shall be deemed to have intended such act to be performed upon the immediately preceding business day;
1.1.7. Where an expression has been defined and
such definition contains a provision conferring a right
or imposing an obligation on any Party, then, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;
1.1.8. If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two;
1.1.9. Words and/or expressions defined in any particular clause in the body of this Agreement shall, bear the meaning so assigned to it throughout this Agreement;
1.1.10. The contra proferentem rule shall not apply
and accordingly, none of the provisions hereof shall
be construed against or interpreted to the
disadvantage of the Party responsible for the drafting or preparation of such provision;
1.1.11. The eiusdem generis rule shall not apply and
accordingly, whenever a provision is followed by the
word “including” and specific examples, such
examples shall not be construed so as to limit
the ambit of the provision
concerned and wherever the word “including” or
“includes” is stated it shall not limit the interpretation
thereof and shall be all inclusive;
1.1.12. The expiration or termination of this
Agreement shall not affect such of its provisions as
expressly, provided that they will continue to apply
after such expiration or termination or which of
necessity must continue to apply after such expiration
or termination.
1.2. In this Agreement, unless the context indicates a contrary intention, the following words
and expressions shall bear the meanings assigned to
them hereunder and cognate expressions shall bear corresponding meanings:
1.2.1. “THIS AGREEMENT” – means collectively, this agreement and the annexes hereto;
1.2.2. “CONSUMER” – means the student/payer/
surety/guarantor and/or third party/sponsor;
1.2.3. “DAMELIN” – means Damelin (Pty) Ltd, a
company incorporated in accordance with the laws of
the Republic of South Africa, Registration Number:
1995/012787/07;
1.2.4. “FORCE MAJEURE” – means in relation to either
Party, any circumstances beyond the reasonable
control of that Party (including, without limitation, any
strike, lockout or other form of industrial action);
1.2.5. “PARTIES” – means collectively, the student/
payer/consumer and Damelin; and “Party” shall mean
either one of them as the context requires;
1.2.6. “PORTFOLIO OF EVIDENCE” and “PoE”– means
the portfolio containing the student’s examinations,
assessments and tests;
1.2.7. “SIGNATURE DATE” – means the date upon
which the Party signing last in time signs this
Agreement.
1.2.8. “GUARANTOR” – means the guarantor and co-principal debtor in solidum.

2. ENROLMENT
2.1. The consumer acknowledges that this agreement
shall only come into force once the enrolment form is
duly completed and signed and accepted by
DAMELIN, the correct documentation is attached and
an invoice is issued
to the student upon payment of the required
registration fee and minimum required deposit. The
student shall be provided with a copy of his/her
enrolment contract reflecting the student number, which the student acknowledges evidences his/her enrolment with DAMELIN.
2.2. Notwithstanding anything contained herein and
more especially Clause 2.1 this agreement shall only
come into effect immediately upon payment of the
registration fee and minimum deposit. A student’s
registration is only effective upon submission of all
requisite documents as per Clause 3.
2.3. Enrolment and/or registration of a programme
shall be for the duration of the year of the
programme for which the student has registered.

3. ACCOMPANYING DOCUMENTS
The following material must accompany this
application, namely:
3.1. The original and certified copy (no older than
three months) of the front page of student’s and
payer/surety/guarantor/third party/sponsor’s (where
applicable) valid identity document (if a South African
citizen);
3.2. Certified copies of student’s study permit in the
name of the institution at which he/she is studying
and front page of valid passport (if not a South African
citizen). The passport must be valid for a minimum
period of 12 (twelve) months from date of
registration;
3.3. Where applicable, original and certified copies of
Matriculation (Grade 12) Certificate or equivalent,
Grade 11 report, or School Leaver’s Certificate. If the
student is awaiting matriculation results, these must
be furnished as soon as they become available; and in
any event prior to commencement of the programme registered for;
3.4. Original and certified copies of Academic Record
and Certificate of Good Conduct should the student
be transferring from another tertiary education
institution or examining body to Damelin.

4. PAYMENT/CREDIT VETTING
4.1. By his/her/their signature hereto the consumer
hereto authorise/s DAMELIN to enquire from the
employers of the person responsible for payment and
including the employers of the consumer, the complete details of the salary of such person
including the date on which the salary is paid and the
amount thereof.
4.2. Any amounts that are due under and/or in terms
hereof shall be deducted on the salary date of the
person who is responsible for payment or the date on
which sufficient funds are available. If a payment fails
via a Debit order or post-dated cheque, a R250.00
(two hundred and fifty rand) administration fee will be
charged to the account of the consumer in addition to
the fee charged by the bank/s in respect thereof.
4.3. Should for any reason whatsoever a debit order
be returned unpaid, then the person responsible for
such payment hereby irrevocably authorises
DAMELIN to debit his/her account with the amount
due on any date as DAMELIN may choose or when
sufficient funds are available and/or to double debit
his/her account and/or to include such other charges
as may be applicable with the amounts due at the
next debit order date or such other date as may be
chosen by DAMELIN in terms hereof.
4.4. By his/her/their signature hereto the consumer/s
hereto hereby consent to DAMELIN registering and
obtaining credit bureau reports from time to time
through any credit bureau or similar institution in
order to ascertain the personal circumstances, credit
history and credit worthiness and to supply details of defaults of the consumer hereto.
4.5. By his/her signature hereto the persons
responsible or standing as guarantor for the payment
of fees and/or any amounts due under and/or in
terms hereof hereby irrevocably authorises DAMELIN
to perform such credit checks as it may in its sole
discretion determine with any recognised credit
bureau or the like.
4.6. If a payment option other than full settlement is
selected: the student/company/guarantor/surety/
sponsor must submit FICA documents as follows:
4.6.1. Proof of income, being in respect of
permanently employed persons, in the form of the
original and certified copies of the 3 (three) most
recent salary advice and 3 (three) months’ bank
statements for self-employed persons and;
4.6.2. Proof of residence.

5. TRANSFER PROCEDURE
5.1. Transfer from one DAMELIN Campus to another;
5.1.1. All tuition will be conducted at the preferred
campus indicated on the face of this agreement, unless DAMELIN informs the student/consumer
otherwise.
5.1.2. A student is entitled under certain
circumstances to transfer his tuition to another
DAMELIN campus. The consent to transfer shall be at
the sole discretion of DAMELIN.
5.2. Transfer from one DAMELIN Programme to
another;
5.2.1. Such transfer will be done only on the sole
discretion of the Institution and will always be subject
to the standards as set out in the Recognition of Prior
Learning.
5.2.2 A student who wishes to transfer his/her
enrolment from one DAMELIN programme to
another, at the same campus and in the same
academic year and/or quarter (whichever is
applicable), may apply for permission to do so from
DAMELIN within the first month of the current
programme provided that not more than one month
has elapsed since the commencement of the new
programme to which he/she intends transferring.
5.2.3. Where the fees in respect of the programmes
differ, the transfer shall be subject to a new
affordability assessment by the consumer and
DAMELIN’S approval of the affordability assessment
and the transfer. In all such cases, the fee payable will
be that of the programme carrying the higher fee,
even if that happens to be the programme from
which he/she is transferring. In addition to the higher
tuition fee, the consumer will be charged the value of
the notes/books for the programme from which he/
she or the student, as the case may be is transferring
from, as well as those required for the programme to
which he/she or the student is transferring to. The
consumer/s must sign documents undertaking to
make payment of the increased fee before any
transfer can be approved.
5.2.4. In the case of a consumer transferring from any
full-time computer programme to another, the
consumer will in addition to clause 5.2.3 be charged a
default administration fee in respect of computer
and software costs.
5.2.5. A transfer is subject to space in the programme
chosen to accommodate the consumer in addition,
the consumer must qualify for transfer to such
programme chosen.

6. DEFERRAL OF PROGRAMMES
6.1. All students wishing to defer their studies, or part
thereof, may make an application in writing to
DAMELIN within 14 (fourteen) days of the start of the
programme whereupon flexible study options may be
considered at the sole discretion of DAMELIN. A
deferral charge of 30% (thirty percent) of the original
cost of the full programme to be deferred will be
levied against the consumer as precondition to
DAMELIN approving the application for the deferral.
6.2. The student is only permitted to defer their
studies for the period from date of deferral until the
commencement of the next semester in which the
programme will be taught and only up to a maximum
period of 1 (one) year.
6.3. The consumer shall forfeit any fees paid to the
campus in respect of any application to defer
subsequent to the period stipulated above.

7. CANCELLATION
7.1. If the consumer registered in an academic year
wishes to cancel their enrolment for that year, the
following conditions shall apply:
7.1.1. In respect of one year programmes and other
programmes, excluding short skills and/or provider/
certificate courses: A student may cancel his/her
enrolment for the current academic year of study as a
whole by completing the cancellation form together
with the necessary supporting documents.
7.1.2. In respect of full-time and part-time studies: a
consumer may cancel his/her enrolment by
completing a cancellation form and return this
together with the necessary supporting documents.
7.2. The consumer shall only be exonerated from
liability for the tuition fees (but excluding the
registration fee and the cost of notes/books, both of
which remain payable and a non-refundable and in
addition to any default administration charges which
Damelin will be entitled to levy) provided that:
DAMELIN is informed in writing no later than 4 (four)
weeks (full-time) and 2 (two) weeks (part-time) prior to
the commencement of the academic year/
programme in question.
7.3. The consumer must have received confirmation
of receipt of such cancellation from DAMELIN for any
cancellation to be effectively approved. It is the sole
responsibility of the consumer to ensure that he/she
has received such confirmation from DAMELIN,
without which such cancellation whilst applied for is
not effective/approved.
7.4. Should the consumer wish to cancel such
registration and such cancellation is after the 4 (four)
week (full-time), 2 (two) week (part-time) notice period
required in terms of this contract then the consumer
shall be liable to pay the reasonable cancellation costs
that DAMELIN has determined to be reasonable,
which is agreed by the student to be 80% (eighty
percent) of the annual fees charged, and which the
consumer hereby agrees to, by his/her signature
hereto being the fixed costs of the programme.
7.5. However and at the sole discretion of DAMELIN,
and in addition subject to the Parties reaching
agreement on the relevant Terms and Conditions, full
tuition value may be given instead in respect of
registration for another programme offered by the
campus, within the same academic year, to the
consumer or (at the election of the consumer) to a
member of his/her immediate family and subject to
entrance requirements.
7.6. Once a consumer has commenced attending
lectures the student may not cancel this agreement
except as provided for herein.
7.7. Any consumer shall only be entitled to cancel
under this clause up until 14 (fourteen) days after the
release of their matric results, in respect of first year
student’s whose eligibility for the course enrolled for
is dependent upon the results of their matric
examinations, (save for exceptions made at the sole
discretion of DAMELIN), whereafter any cancellation
will not result in any reduction of the fees payable for
the entire programme.
7.8. All cancellations are subject to approval by the
DAMELIN Cancellation Committee and on such Terms
and Conditions as it may determine. Cancellations will
only be processed once a duly completed refund and
cancellation form has been submitted to DAMELIN.
Refund and cancellation forms may be obtained from
DAMELIN at the nearest campus or by way of an
email request and shall be subject to the cancellation
terms and conditions as contained herein.
7.9. All part-time students are not allowed to cancel
any programme after commencement and there will
be no refund after the notice period stated above.

7.10. Refunds, if applicable, will take a minimum of 90
(ninety) days to be paid, from date of approval by the
Damelin Cancellation Committee.

8. GENERAL
8.1. The consumer shall not, by reason of his/her
failure to attend lectures, or failure to meet the
requirements for successful completion of the course,
be entitled to a reduction in fees, nor will it absolve
the consumer from full liability for the payment of the
full fees and other charges.
8.2. Where an instalment payment plan has been
entered into, the full outstanding fee becomes
immediately payable in the event of any non-payment
of a debit order, without notice to the consumer.
8.3. Should any payment which falls due not be made
for a period of 1 (one) month then the consumer and/
or the person responsible for payment hereby agrees
and acknowledges that such consumer will be barred
from attending lectures and campus and/or receiving
any tuition material and/or tuition until such time as
satisfactory arrangements have been made wit
DAMELIN that are acceptable to DAMELIN. DAMELIN
reserves the right to exclude a student more than
once from its campus as well as exclude them from
exams.
8.4. No consensual or other cancellation of this
contract shall be of any force or effect without the
written confirmation from an authorised official
(being a Student Services Manager or person of
higher authority) of DAMELIN. For purposes of this
clause only, written confirmation shall include
electronic mail confirmation.
8.5. The consumer is hereby informed that no verbal
agreements by any person shall be of force and effect
unless the consumer has such cancellation confirmed
in writing from the DAMELIN Cancellation Committee.
The student by
his/her signature hereto is made aware of the
provisions of this clause and hereby acknowledges
acceptance thereof
8.6. The right to attend lectures and write exams is
not transferable. Accordingly, the consumer shall
attend all lectures in person and shall be the only
person entitled to write examinations in respect of
the subjects forming part
of the DAMELIN programme for which the consumer
has enrolled. Any attendance registers must be
signed by the consumer himself/herself and under no
circumstances will any other person be authorised to
sign attendance for any student. Under no
circumstances will ANY student be permitted to write
exams if any amount is outstanding and the full fees
and other amounts due under this contract are not
paid in full prior to such exam.
8.7. The consumer accepts that DAMELIN shall have
the right to vary the programme syllabus at any time,
without prior notification and without furnishing
reasons therefor. DAMELIN shall further have the
right to alter timetables and exam dates and programme commencement dates at its own
discretion.
8.8. The consumer hereby acknowledges and accepts
that DAMELIN shall have the right at all times to vary
the Terms and Conditions hereof. DAMELIN shall post
such alterations and/or additions and/or variations on
its website (www.damelin.co.za) or in such other
medium/media as it deems fit as soon as is practical
in the circumstances. The consumer’s attention is
drawn to the provisions hereof and the consumer
undertakes to visit such website
regularly to ensure that the consumer is fully
informed of such.
8.9. DAMELIN shall have the right in its sole discretion,
to postpone or cancel tuition in any programme
initially advertised and offered, on the basis of
insufficient demand. DAMELIN shall be entitled to
combine classes of a similar academic level
and content. In such event, the usual cancellation process
as prescribed above shall be followed save and except
to non-refundable registration fees
8.10. The registration fee paid in terms hereof is non-
refundable. Should a consumer fail his/her matric or
equivalent examination and is no longer eligible for
registration in the elected programme, DAMELIN shall
at its own discretion offer to the student an
alternative, if the student qualifies for any alternative.
The registration fee in such instances remains non-
refundable.
8.11. DAMELIN will be entitled to create and apply
rules (including due performance requirements) and
the consumer hereby agrees to be bound by such
rules. DAMELIN shall be entitled to exclude the
student from lectures and examinations (without in
any way detracting from the right of DAMELIN to
recover fees payable), and to withhold a consumer’s
results (or the consumer’s examination results)
should the consumer, as the case may be, fail to
comply with any of the terms of this agreement and/
or the student code of conduct and/or failure to pay
outstanding amounts due.
8.12. The consumer shall be liable for all costs
incurred by DAMELIN, including, but not limited to
legal fees on an attorney client scale, collection
charges and tracing charges in enforcing
the obligations of the consumer under this agreement.
8.13. The fees and other charges reflected on the
invoice do not include external institute membership
fees, external university fees, external registration
fees, ANY examination fees (whether internal or
external), notes, books, accommodation, stationery or
other items, which shall be for the account of the
consumer.
8.14. The student (where the consumer is not also the
student) is responsible for ensuring that he/she has
been properly registered to write exams internally
and with any relevant external institute or examining
body, where applicable, and that he/she or the
consumer (where the consumer is not also the
student) must ensure that written confirmation of
being registered for examinations is received from
such relevant institute or body and that all relevant
fees to such body have been paid by the consumer
and that he/she is aware of the exam timetable which
is the consumer’s responsibility. 8.15. In the case of a
Force Majeure such as war, strike, riot, crime, act of
God (e.g., earthquake, volcano), DAMELIN will be
entitled to suspend lectures and/or temporarily close
any campuses affected thereby. The consumer shall
not by reason of such suspension or closure be
entitled to terminate this agreement or claim a refund
of fees paid or a reduction on fees payable or any
compensation from DAMELIN in whatsoever manner
or form.
8.16. No relaxation, waiver variation and/or
indulgence granted by DAMELIN to the consumer
shall constitute a waiver of any rights vesting in
DAMELIN in terms hereof, and no reliance may be
placed by the customer or signatory hereto or any
statement or representation (whether oral, tacit or
otherwise) not contained herein. Neither shall such
indulgence, waiver and/or relaxation granted operate
as an estoppel against DAMELIN.
8.17. All correspondence assessments, Portfolios of
Evidence (PoE’s), assignments and/or any other
submissions must be by way of registered mail, email
or by hand delivery or as specified to DAMELIN’S
premises at which the consumer is registered. It is the
responsibility of the consumer to ensure that he/she
obtains confirmation in writing from Damelin on
receipt of any documentation and the consumer is
obliged to keep a certified copy thereof and to submit
same in the event of the original being destroyed or
misplaced.
8.18. In the event of the signatories to this agreement,
having completed this form incorrectly and/or having
signed an incorrectly completed form, or the payment
details herein not being in accordance with the
requirements of DAMELIN, DAMELIN shall be entitled
to reject the consumer’s application and/or to require
the consumer to complete a new application in its
sole discretion. DAMELIN may not be held responsible
for such errors or the consequences thereof and shall
not be responsible for any loss incurred thereby
contingent or not, may in its sole discretion agree to
abide by or reject such application. The consumer
agrees to be bound by such application.
8.19. The consumer accepts, that as part of the
assessment of the programme, the consumer must
fulfil certain academic requirements, which may
include (but are not limited to) the completion and/or
sign-off of a Portfolio of Evidence (PoE) or other forms
of assessments.
8.20. The consumer agrees and acknowledges that in
certain circumstances, external bodies are
responsible for the verification and award of a
qualification. In such circumstances DAMELIN shall
not be held responsible and/or liable for any delays
occasioned by the verification process of the
awarding/external body.
8.21. The consumer acknowledges and agrees that
the sole responsibility of the submission of the PoE
shall be that of the consumer and that DAMELIN
accepts no responsibility for the submission thereof.
The consumer must be able to prove that he/she has
submitted a PoE by way of written confirmation from
DAMELIN and in addition the student MUST keep a
certified copy of the submitted PoE stamped or
signed by DAMELIN in the event of the PoE having
being lost/destroyed, making it necessary to be
resubmitted. DAMELIN shall not be held liable for any
damages arising from any circumstances in any
manner and/or form, more specifically DAMELIN shall
not in any circumstance be responsible for contingent
liability.
8.22. Where programmes are subject to external
verification and certification, DAMELIN’S result sheet
shall not be valid and may not be used as proof of
having passed such a programme and/or qualification
or any other purpose whatsoever.
8.23. Consumers will not be allowed on campus if
their account is in arrears. DAMELIN will not issue any
consumer with a certificate/diploma/award if any
outstanding amount is not paid by the consumer. The
consumer by their signature hereto, hereby
specifically agrees to the same.
8.24. Consumers will further not be permitted to
attend any Graduation ceremony and shall not be
issued with their award in the event that their fees
remain outstanding.
8.25. The consumer acknowledges and agrees that all
work and intellectual property (including but not
limited to, copyright, trademark and patent) produced
during his/her enrolment with DAMELIN shall belong
exclusively to DAMELIN and that the consumer shall
have no right to such work produced and waives any
and all claim in respect thereof.
8.25.1. In addition, the consumer explicitly cedes in
perpetuity and in favour of DAMELIN all rights, titles,
and interests in and to any intellectual property,
created, generated, produced, designed or otherwise
by him/her pursuant to his/ her enrolment in the
programme.
8.25.2. The consumer undertakes that he/she shall
have no right of claim against DAMELIN in respect of
the intellectual property at any time during or after
his/her enrolment with DAMELIN.

9. PLAGIARISM
9.1. The consumer understands that submission of
any academic work should be the intellectual work of
the consumer. Should submission of any academic
work not be that of the consumer, it will constitute
fraud, which may result in the expulsion of the
consumer.

10. PROMOTIONAL ITEMS
10.1. Any consumer who receives a promotional item
as a result of this enrolment contract, hereby
acknowledges that DAMELIN is not responsible for
any repairs, service issues, warranties or performance
in relation thereto. These must be referred to the
promotional item manufacturer, service provider,
network or agent(s) thereof, as the case may be, as
well as the Terms and Conditions on the DAMELIN
website. Any promotional item bearing the name,
logo or likeliness of DAMELIN and/or its associated
brands must only be utilized in a manner which
upholds the reputation of DAMELIN and/or its
associated brands.

11. LEGAL DECLARATION AND INDEMNITY
11.1. Neither DAMELIN nor any official employee or
representative of DAMELIN acting in his/her capacity
as such shall be liable for any damages, contingent or
otherwise arising out of:
11.1.1. The death, bodily harm, loss of health or
illness of any customer caused; and
11.1.2. The destruction of and/or damage and/or loss
and/or theft of any property owned by or in the
custody of any customer, howsoever caused.
11.1.3. Any negligence or oversight on the part of
such employee, during the course of its performance
of their duties and functions, more especially in the
event that any award is made to the consumer
erroneously.
11.2. The consumer hereby indemnifies DAMELIN
against any claim made (whether for damages, costs
or otherwise) against DAMELIN in respect of any
action and/or omission of the student and/or the
consumer (where the consumer is not also the
student).
11.3. The consumer by his/her signature hereto
hereby confirms that he/she is fully aware of the type
of programme enrolled for and that it is his/her
responsibility to make himself/herself aware of the
types of programmes and that he/ she has fully
understood the programme/award/qualification and/
or credits awarded in respect of the programme that
he/she registers for and is indeed the programme
that he/she wants to register for and that no
representations have been made other than those
contained in the official prospectus or on the
enrolment form and fact sheet.
11.4. The consumer hereby indemnifies DAMELIN
(PTY) LTD against any claim arising from any
circumstances in whatsoever manner and/or form.
The consumer is further aware of the fact sheet in
respect of the programme enrolled and confirms that
it accurately reflects the qualification to be conferred
and the type of programme registered for.
11.5. By their signature hereto and on the fact sheet,
the consumer irrevocably indemnifies DAMELIN
against any claim, contingent or otherwise and he/she
shall remain bound by the representation contained
in such fact sheet. The consumer is obliged to keep
updated on programme outcomes and qualifications
at all times.

12. PROTECTION OF PERSONAL INFORMATION
12.1. The Parties acknowledge their respective
obligations to comply with the substantive provisions
of the Protection of Personal Information Act, 4 of
2013 (hereinafter referred to as ‘POPI’).
12.2. The consumer hereby authorises DAMELIN or
any other authorised member of the management
team to use, review and process any personal
information provided to DAMELIN and to use same in
the manner that DAMELIN sees fit.
12.3. The persons signing this agreement
acknowledge that they know and understand their
right to privacy and to have their personal
information processed in accordance with the
conditions for the lawful processing of their personal
information, and hereby give their consent to
DAMELIN to collect, process and distribute relevant
personal information where DAMELIN is legally
required, and/or obliged to do so. They also consent
to any third party service providers to have access to
their personal information and consent to DAMELIN
sharing same.
12.4. The persons signing this agreement confirm and
acknowledge that they are aware that the information
that they have provided may be transmitted to
persons, companies, subsidiaries, affiliates and third
parties outside of the borders of South Africa and
hereby consent in terms of section 72 of POPI to such
transmission and use by DAMELIN.
12.5. The consumer hereby consents to DAMELIN
obtaining, using and disclosing his/her personal
information, when necessary, as follows:
(a) To provide the materials to the consumer and
otherwise perform our obligations and enforce our
rights under this Agreement;
(b) To use the information provided to inform the
student about DAMELIN’S other programmes,
products or services that may be of interest to him/
her;
(c) To share the consumer’s information with
companies in our group, (associated companies and
third parties) to enable them to inform the consumer
of other products or services that may be of interest
to him/her; and
(d) To hand over to attorneys and debt collection
agencies, if the consumer is in breach of this
agreement.
12.6. The consumer hereby acknowledges and agrees
to DAMELIN using and disclosing his/her personal
information where either directly or indirectly
required to do so in terms of such laws or orders of
court, or where requested to do so by certain
Government organisations or for record keeping and
statistical purposes.

13. DOMICILIUM CITANDI ET EXECUTANDI
13.1. The student/payer and/or the third party choose
the address as disclosed on the face of this
agreement as your, the payer’s and/or the third
party’s domicilium citandi et executandi for all
purposes arising from this agreement including, but
not limited to service of notices, delivery of
programme materials and/or legal processes.
13.2. DAMELIN chooses as it domiclium citandi et
executandi for the purposes of service of all legal
notices and processes 57 Underwood Road,
Pinetown, 3610.

14. BREACH AND TERMINATION
14.1. In the event of the consumer committing a
material breach, including but not limited to non-
payment of fees, dishonesty, violence, drugs, etc,
which shall not require a notice of a breach,
alternatively of any of the terms of this Agreement
and failing to remedy such breach within a period of 7
(seven) business days after receipt of a written notice
from DAMELIN calling upon the defaulting party to
remedy the breach complained of then:
14.1.1. DAMELIN shall be entitled at its sole discretion
without prejudice to any of its other rights in law,
either:
14.1.1.1. To claim specific performance of the terms
of this Agreement; and/or
14.1.1.2. To cancel this Agreement forthwith; and/or
14.1.1.3. Claim and recover damages from the
student/consumer.

15. RULES AND REGULATIONS
15.1. The consumer by his/her signature hereto
hereby acknowledges that he/she has read and
agrees to abide by all the rules and regulations of any
campus that he/she attends and acknowledges that
he/she can be disciplined in terms thereof.
15.2. The consumer further acknowledges that right
of admission to any of DAMELIN’S campuses is strictly
reserved and DAMELIN may, at its own discretion
refuse admittance to any consumer.
15.3. The consumer agrees and acknowledges that
he/she shall be subject to DAMELIN’S disciplinary
code for a breach of any of the Terms and Conditions
herein and/or the Rules and Regulations as
established by DAMELIN.

16. ENTIRE CONTRACT
16.1. The Terms and Conditions contained herein as
well as the terms contained on the DAMELIN website
(www.damelin.co.za) shall be the entire contract
between the consumer and DAMELIN. No variation or
alteration hereof shall be of any force and effect
unless reduced to writing and signed by both parties
in ink and by hand.All information collected in the
course of advertising is stored and secured in a
strictly regulated CRM system. Access to information
is only granted to a selected number of authorised
Damelin employees. Information is accessed and
deleted manually.

Under no circumstances will the collected information
be disclosed to a third party by the Advertiser.

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