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
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
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.
9.1. 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
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:
18.104.22.168. To claim specific performance of the terms of this Agreement; and/or
22.214.171.124. To cancel this Agreement forthwith; and/or
126.96.36.199. 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
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.