Terms and Conditions
* Please note that during COVID-19 and the regulations put in place by the National Disaster Management Act No.57 of 2002 amended from time to time and recommendations by the National Command Council which are implemented at all branches, students will be required to follow all directives of the institute. Whilst every precaution is taken, the institute will not be responsible in respect of any liability arising out of any student becoming ill or suffering injury or death at any of the institutes branches. Strict COVID-19 protocols will be in place and will need to be abided by all students. Students will be supported through a blended learning approach and you will require basic digital literacy skills (and computer skills as needed) and access to a device and data. Students registered for contact programmes may attend optional campus-based sessions which will be a limited number of students. Priority consideration will be given to at-risk of failing students.
* Please note that for the distance mode of delivery, you will require your own data and device to access study content. Students can access DAMELIN CORRESPONDENCE COLLEGE assessment centres at various branches to write exams or tests, where and when required and whist on the branches of DAMELIN CORRESPONDENCE COLLEGE, strict COVID-19 protocols will be implemented at all branches and all students will be obligated to follow such protocols including those regulations as per the National Disaster Management Act 57 of 2002.
Please ensure that you read these terms and conditions carefully.
1. These terms and conditions are subject to variation which shall be posted on the DCC website. The student undertakes to visit the DCC website regularly to ensure that he/she is fully informed of same.
1.1. Some of the words in this agreement are printed in blue in order to indicate that they have a special meaning for the purpose of this agreement.
1.1.1. ‘AGREEMENT’ means the registration form and these Terms and Conditions and any annexures hereto;
1.1.2. ‘REGISTRATION’ means the student that has been approved and has received a student number from DCC via sms confirming the details of the registration;
1.1.3. ‘DEBT’ means all debts incurred by the student whose particulars appear on the registration form, including, but not limited to, outstanding study fees;
1.1.4. ‘FEES’ mean all fees charged by DCC for your studies, including, but not limited to, study and administration fees;
1.1.5. ‘MATERIAL/STUDY MATERIALS’ means all study materials supplied by DCC including, but not limited to all material supplied in any electronic format;
1.1.6. ‘STUDENT/ACCOUNT PAYER/GUARANTOR/CONSUMER’ refers to the business or individual whose details appear under Section 4 and 5 of the registration form;
1.1.7. NON CAUSA DEBITI – a legal term used to describe a legal exception which means that “there is no cause for the debt”;
1.1.8. ERROR IN CALCULI – a legal term used to describe a legal exception which means an “error in calculation”;
1.1.9. NON NUMERATAE PECUNIAE – a legal term used to describe an exception which means that the defaulting party (student/account payer/guarantor) cannot claim that the services were not rendered therefore there is no obligation owing;
1.1.10. ‘WE’, ‘US’ and ‘OUR’ refers to DCC; and
1.1.11. ‘YOU’ and ‘YOUR’ refers to the student whose particulars appear on the registration form.
2. OUR SERVICES TO YOU
2.1. An sms will be forwarded to you, the student, on date of acceptance of the registration by us. DCC undertakes to dispatch the first consignment of programme material within 21 (twenty one) days of the aforesaid date (i.e., date of acceptance of registration).
2.2. The core functions of DCC are to provide training/tuition/assessment; and the award except where same is the responsibility of external bodies such as the Department of Education, SETA, SABPP programmes and the like. The student will receive the relevant qualification/result upon successful completion of the programme or subject registered for.
2.3. The rules and regulations are published in the DCC Orientation Guide and on the DCC website, and apply to all students registered at DCC. You will receive your DCC Orientation Guide in this first consignment of study material. It is important that you read, know, and understand the rules and regulations contained in the DCC Orientation Guide and the DCC website, and by your signature hereto you undertake to do so.
2.4. On enrolment with DCC, you will receive an dcc.me email address.
2.5. All official communication from DCC will be sent to this email address only. You will receive activation instructions for your dcc.me email address with your enrolment pack. Please ensure that you activate your dcc.me email address as soon as possible, and that you regularly check this email address for communication from us, such as statements and exam confirmation. DCC shall not be responsible should a student fail to do so.
2.6. A student shall not, by reason of his/her failure to submit assignments, or to write exams, be entitled to a reduction in fees, nor will it absolve the student from full liability for the payment of the full fees and charges.
2.7. DCC reserves the right to discontinue services to a student as often as deemed necessary in its sole discretion.
2.8. The right to tuition and writing of exams is not transferable. Accordingly, the student shall attend to and complete all assignments by himself/herself. The student shall be the only person entitled to write examinations in respect of the examinable subjects forming part of the programme registered for.
2.9. Students shall ONLY be permitted to write exams upon proof of payment of all fees due to DCC in addition to exam fees applicable.
2.10. Under no circumstances will any student be permitted access to their exam/s results until such time as all outstanding fees and other due amounts under this contract are paid in full.
2.11. For examinable programmes (other than Computer Studies), we undertake to update study material for two consecutive exam sittings counting from the date of issue of the study material, provided that you are within the contract period.
2.12. The student accepts that DCC shall have the right to vary and update programme and/or subject syllabi at any time, without prior notification and without furnishing reasons therefor.
2.13. The student is solely responsible for ensuring that he/she has been properly registered with any relevant external institution or examining body, where applicable, and that he/ she has been registered for examinations with such institute or body, and has obtained the relevant exam number.
2.14. The student accepts, as stipulated in the DCC assessment policy that he/she is required to fulfil certain academic requirements. A failure to meet the requirements may result in the cancellation of the student’s registration which will be subject to the cancellation policy of DCC.
2.15. The student must supply DCC with a physical address for the delivery of study material between (08h00-17h00) on weekdays.
2.16. DCC shall not be liable for the courier’s inability to deliver the study material due to the student not being present at the point of delivery. Any further attempts to deliver the material shall be additional and at the student’s cost. Any attempted service shall be fulfilment by DCC of its obligation under Clause 2.1.
3. YOUR RESPONSIBILITIES
3.1. Study material
3.1.1. You must pay postage on everything posted by you to us.
3.1.2. You must pay courier costs on anything couriered to you by us.
3.1.3. You must pay for the replacement of study materials supplied to you by us.
3.1.4. Study material supplied to you may not be passed/given/lent to any person and may not be accessed by anyone other than you. You may not allow anyone to copy such material in any manner or form nor may you supply any copy of such material to any other person.
3.1.5. If necessary, an extension may be granted for the study period, provided that we are notified promptly when you are prevented from studying due to illness or reasons beyond your control provided that you supply us with proof of the reasons relied upon (medical certificate, death certificate of immediate family member, etc.).
3.2. Payment of your fees/Credit vetting
3.2.1. If you are over 18 and will be paying the fees yourself, then you hereby declare that you:
(a) Will sign acceptance of all the terms and conditions of this agreement on each page;
(b) Are legally bound to this contract;
(c) Are responsible for the repayment of the entire debt; and
(d) Have the consent of your spouse if applicable;
(e) The student/payer hereby renounces the benefits of the legal exceptions “non numeratae pecuniae”, “non causa debiti” “error in calculi”, “revision of accounts” and “no value received” and declares himself to be fully acquainted with the full meaning of each of them.
3.2.2. If you are under 18, then your parent, custodian or guardian:
(a) Must sign acceptance of all the Terms and Conditions of this agreement on each page;
(b) Hereby accepts responsibility for the repayment of the entire debt; and
(c) The student/payer/third party hereby renounces the benefits of the legal exceptions “non numeratae pecuniae”, “non causa debiti” “error in calculi”, “revision of accounts” and “no value received” and declares himself to be fully acquainted with the full meaning of each of them.
3.2.3. If a third party will be paying the fees for you, then:
(a) If the third party is a business, then the person signing hereby:
(i) Warrants he/she has authority to bind the company to these terms and conditions;
(ii) Takes full responsibility for the repayment of the entire debt and accepts all the Terms and Conditions of the entire agreement in his personal capacity; and
(iii) The student/payer/third party renounce the benefits of the legal exceptions “non numeratae pecunia”, “non causa debiti” “error in calculi”, “revision of accounts” and “no value received” and declares himself/ herself to be fully acquainted with the full meaning of each of them.
(b) If the third party is an individual, then the individual:
(i) Must sign acceptance of all the Terms and Conditions of this agreement;
(ii) Takes full responsibility for the repayment of the entire debt and accepts all the Terms and Conditions of the entire agreement in his/her personal capacity; and
(iii) Renounces the benefits of the legal exceptions “non numeratae pecunia”, “non causa debiti” “error in calculi”, “revision of accounts” and “no value received” and declares himself/herself to be fully acquainted with the full meaning of each of them;
(iv) Confirms consent of spouse, if applicable.
3.2.4. The price payable will be by the method you have indicated on your registration form.
3.2.5. All payments due in terms of this agreement must be paid on or before the due date for payment.
3.2.6. We are entitled to levy an administration charge in addition to any other bank charge or the like levied as a result, which you agree to pay, if any debit order or other form of payment is returned unpaid or if your credit card payment is rejected for whatever reason.
3.2.7. The student/payee acknowledges that the onus is upon themselves to ensure that the monthly payments are made.
3.2.8. DCC reserves the right to change the debit order date and/or amount to accommodate public holidays, weekends, arrears, exam fees, etc.
3.2.9. Should for any reason whatsoever a debit order be returned unpaid then the person responsible for such payment hereby irrevocably authorises DCC to debit his/her account with the amount due on any date as DCC may choose and/or to double debit his/her account and/or include other charges as may be applicable with the amounts due at the next salary date or such other date as may be chosen by DCC in terms hereof;
3.2.10. By his/her signature hereto the student/account payer/sponsor/third party/surety and/or guarantor hereto hereby consents to DCC requesting 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 as well as to supply details of defaults of the signatories/payer/third party hereto;
3.2.11. By his/her signature hereto the persons responsible or standing surety for the payment of fees and/or terms hereof hereby irrevocably authorises DCC to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau and the like;
3.2.12. You are responsible for ensuring that you are properly registered with any relevant external institute or examining body where applicable and by your signature hereto agree that you will ensure that you receive written confirmation from the relevant institute of being registered for examinations. You further agree to make payment of all relevant fees to the external body responsible for same.
3.3. What happens if you don’t pay us on time? * Please note that the following points apply to both the student/third party and the payer of the account.
3.3.1. Should a student or account payer fail to make two consecutive payments then the student hereby agrees and acknowledges that he/she will be barred from receiving any further study material, tuition and submitting assignments and/or attending any tutorials, revision classes and the like.
3.3.2. You shall be responsible for the cost of all letters, telephone calls, tracing fees, other collection costs and charges, including all legal expenses, on an attorney own client scale including collection commission at 10% (ten percent) per instalment irrespective of the maximum laid down, incurred as a result of any breach of this agreement.
3.3.3. Charges/Bank fees will be recovered from the Payer if a debit order is rejected, in addition to other charges.
4. WARRANTIES GIVEN BY THE STUDENT/PAYER/THIRD PARTY
4.1. You warrant that the information disclosed in this agreement is true and correct in every respect and it shall be a material breach of this agreement if such information or part thereof is found to be fraudulent, untrue or incorrect. (Please note that this applies to both the student and the payer of the account.)
4.2. You undertake to notify us in writing of any material changes to your contact details, including, but not limited to your business, postal or residential addresses, home, work or cell phone numbers, banking details and email addresses, within 7 (seven) days of such change. (Please note that this applies to both the student and the person responsible for payment.)
4.3. Please note: You consent to us requesting and obtaining credit bureau enquiries from time to time through any credit bureau or similar institution in order to ascertain your personal circumstances, credit history and credit worthiness and to supply details of your defaults to such credit bureaus.
4.4. You consent to us obtaining, using and disclosing your personal information, when necessary including, but not limited to, as follows:
(a) To provide the materials to you and otherwise perform our obligations and enforce any of our rights under this Agreement;
(b) To use your information to inform you of our other programmes, products or services that may be of interest to you;
(c) To share your information with companies in our group, (associated companies and third parties) to enable them to inform you of other products or services that may be of interest to you; and
(d) To give to attorneys and debt collection agencies, credit bureaus if you are in breach of this agreement.
5. PROTECTION OF PERSONAL INFORMATION
5.1. 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’).
5.2. The personal information received shall not be further processed or disclosed without the consent of the disclosing party except for the consents already given herein.
5.3. The student/consumer hereby authorises DCC or any other authorised member of the management team to use, review and process any personal information provided to DCC and to use same in the manner that DCC sees fit.
5.4. The student/payer/third party signing this agreement acknowledge that they know and understand their right to privacy and to have their personal information, fingerprints and biometric data processed in accordance with the conditions for the lawful processing of their personal information, fingerprints and biometric data and hereby give their consent to DCC to collect, process and distribute relevant personal information where DCC is legally required, and/or obliged to do so and/or in DCC’s sole discretion. The student also consents to DCC supplying such personal information to any third party service providers to have access to their personal information and consent to DCC sharing same with any such party.
5.5. 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 DCC.
5.6. In the event of a cross border transmission of information, DCC will take all reasonable steps to ensure that the data is transmitted securely.
6. YOUR RIGHTS TO SETTLE DEBTS
6.1. You are entitled to settle your debts any time, with or without advance notice to us.
6.2. The amount required to settle a debt is the total of the unpaid balance of the principle debt at that time and all other fees and charges payable by you to us up to the settlement date.
7. LIMITATION OF OUR LIABILITY
7.1. We will not be liable in any way whatsoever, for damages, personal injury, liability or losses (whether direct, indirect or consequential) suffered by you, the payer, the third party, or your parent/guardian or custodian, resulting from the use of the material, or arising in any manner or form.
8. BREACH AND TERMINATION
8.1. In the event of either of the student/consumer committing a material breach 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 DCC calling upon the student/payer/third party to remedy the breach complained of then:
8.1.1. DCC shall be entitled at its sole discretion without prejudice to any of its other rights in law, either:
9. PROGRAMME FEES/QUALIFICATIONS
9.1. Programme fees exclude:
(a) Registration fees for institutes and other external bodies; and
(b) Examination fees; and
(c) Cancellation fees; and
(d) External institute membership fees;
(e) External university fees;
(f) Notes, books, stationery or other items.
9.2. Certificates/Diplomas will only be issued once your account has been settled in full and all applicable exams and tests have been completed and you are declared competent.
9.3. We do not accept responsibility for your eligibility or entry and/or registration for public examinations.
9.4. Results will only be issued to the registered student.
9.5. We do not accept responsibility for your eligibility or entry and/or registration for any relevant external Institution or Examining Body.
10.1. A student/consumer 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.
10.2. You reserve the right to cancel this agreement subject to any cancellation fee and all cancellation policies in writing within 5 (five) days from date of registration as per the CPA (Consumer Protection Act), whereafter this agreement shall not be cancelled without our consent.
10.3. A cancellation fee, will be payable on cancellation, if granted, taking various factors into account including, but not limited to fixed costs, such as study material, postage/courier costs incurred, administration costs, etc. Refunds amounting as a result of cancellation, if granted, will be determined by the Cancellation Committee.
10.4. All refunds that may be due in terms hereof shall only be payable after a period of 90 (ninety) days after the said refund has been approved by the refunds committee. No refund shall be payable unless the approval of the refunds committee is obtained, and all their requirements are met/satisfied. A deregistration/cancellation form needs to be completed to initiate any process for cancellation.
11.1. POPI Act:
PROTECTION OF PERSONAL INFORMATION
11.1.1. 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’).
11.1.2. 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 CORRESPONDENCE COLLEGE and to use same in the manner that DAMELIN CORRESPONDENCE COLLEGE sees fit.
11.1.3 The persons 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 CORRESPONDENCE COLLEGE to collect, process and distribute relevant personal information where DAMELIN CORRESPONDENCE COLLEGE 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 CORRESPONDENCE COLLEGE sharing same with such parties.
11.1.4. The persons 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 CORRESPONDENCE COLLEGE.
11.1.5. The consumer hereby consents to DAMELIN CORRESPONDENCE COLLEGE 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 CORRESPONDENCE COLLEGE’ 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.
11.2. A student under the age of 18 years old must have the permission of his parents/guardian to enter into such contracts.
11.3. The student acknowledges that this is a benefit provided by DAMELIN CORRESPONDENCE COLLEGE to the student and that no representation of the nature, content and/or duration of this offer has been made to the student and this offer is subject to change, withdrawal and amendment in the Virgin Active’s and DAMELIN CORRESPONDENCE COLLEGE’s sole discretion.
12.1. DCC will be entitled to create and apply rules (including due performance requirements) and you hereby agree to be bound by such rules. DCC shall be entitled to exclude you from lectures and examinations (without in any way detracting from the right of DCC to recover fees payable) and to withhold your results should you fail to comply with any of the terms of this agreement and/or the student code of conduct.
12.2. 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 DCC, DCC shall be entitled in its sole discretion to reject your application and/or require you to complete a new application. DCC may not be held responsible for such errors or the consequences thereof and may in its sole discretion agree to abide by or reject such application. You agree to be bound by such application.
12.3. You accept that as part of the assessment of the programme, you 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) and other forms of assessments.
12.4. You agree and acknowledge that in certain circumstances external bodies are responsible for the verification and award of a qualification. In such circumstances DCC shall not be held responsible and/or liable for the delays occasioned by the verification process of the awarding/external bodies.
12.5. You acknowledge and agree that the sole responsibility of the submission of the PoE shall lie with you and that DCC accepts no responsibility for the submission thereof. You must be able to prove that you have submitted a PoE by way of written confirmation from DCC and in addition you MUST keep a certified copy of the submitted PoE stamped or signed by DCC in the event of the PoE having being lost or destroyed making it necessary to be resubmitted. DCC shall not be held liable for any damages arising from any circumstances in any manner and/or form.
12.6. Where programmes are subject to external verification and certification, DCC’s result sheet shall not be valid and may not be used as proof of having passed such a programme and/or qualification.
12.7. You, the payer and/or the third party choose the address as disclosed in section 3 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.
12.8. DCC chooses as it domicilium citandi et executandi for the purposes of service of all legal notices and processes the address of 57 Underwood Road, Pinetown, 3610.
12.9. No relaxation or indulgence, which we may extend to you, shall affect our rights under this agreement. (Please note that this applies to both the student and the person responsible for payment.)
12.10. All liabilities or obligations arising under this agreement shall be enforceable against you after termination of this agreement. All relevant clauses survive the omission of this agreement.
12.11. This agreement constitutes the whole agreement between you and us and no variation, deletion, or addition will be valid, unless it is in writing and signed by hand and in ink or published by us on the DCC website, which you undertake by your signature hereto to periodically visit to ensure that you are properly informed of same. (Please note that this applies to both the student and the person responsible for payment.) Electronic communication such as email and the like, shall not constitute written notice or be a variation of the Terms and Conditions of this agreement, no matter the wording contained therein and only a written agreement signed by both parties by hand and ink shall be capable of varying the terms contained herein.
12.12. You consent to the jurisdiction of any Magistrate’s Court having jurisdiction, regarding any legal action issued by us against you arising from this agreement, and you also consent to us issuing proceedings out of the High Court, if we choose to do so. (Please note that this applies to both the student and the person responsible for payment.)
12.13. A minimum non-refundable administration cost of R1 000 per student will be charged against any cancellation for any reason whatsoever including a cancellation within the 5 (five) day period stipulated in Clause 10.2. which cost shall be payable by the student/ account payer and shall be deducted from any cancellation fees charged overall to cancel this contract.
12.14. This agreement is subject to acceptance by us, which will be communicated in writing to you.
12.15. DCC reserves the right to enrol students upon the student meeting all academic and financial requirements.
12.16. The student hereby acknowledges that he/she is obliged to make himself/herself aware of the rules and regulations of this institution and undertakes to abide by the rules and regulations contained in the prospectus and student guide contained on its website or any directive issued by this institution, as well as all the terms contained on the DCC website at www.dcc.edu.za
12.17. DCC accepts that the student/payer/the third party has read all rules and regulations and has been fully understood by the student/payer/the third party. The rules and regulations published in the DCC Student Guide and DCC Student Policies are subject to change on the DCC website and which the student/payer/the third party hereby agrees and undertakes to continuously update themselves on any changes that occur.
12.18. DCC does not guarantee the student employment by any institution and/or company and/or individual. For more information and to view the DCC Student Prospectus, refer to www.dcc.edu.za
* Please note that ‘you’/‘your’, in these clauses or sentences refer to the person responsible for payment, being the student (if over the age of 18 years), or his/her parent, guardian or custodian (if the student is under 18 years), or the third party whose particulars appear under section 4 or 5 of the registration form.
** For the full Terms and Conditions of this agreement, please visit www.dcc.edu.za. The student/consumer confirms that he/she has made themselves fully aware of the Terms and Conditions contained on such website.