These terms and conditions will apply between Damelin (Pty) Ltd (“Damelin” and/or “we”) and any applicant who accepts an offer of a programme at Damelin Online. It is important that you read these terms and conditions in full before applying for a programme offered by Damelin Online. In particular, we wish to draw your attention to the following provisions in advance:
What these terms cover. These are the terms and conditions (Terms) which apply to any offer to you to join a programme of study by distance learning or blended learning (Programmes) listed on our website www.damelinonline.co.za (our Site). The Programme is a service we provide to you, although elements of the Programme may include the supply of digital content and products to you.
Why you should read them. These Terms will apply to a) any Application you make; and b) any Contract between us under which you agree to join a Programme. Please read these Terms carefully and make sure that you understand them, before joining a Programme through our Sites. Please note that by joining any of our Programmes, you agree to be bound by these Terms and the other documents expressly referred to in them. These Terms also tell you who we are, how we will provide Programmes to you, how you and we may change or end our Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2.1 In these Terms, except where the context otherwise requires:
2.1.1 “Access Date” means the date that you are authorised by us to access Damelin Online and/or receive learning materials as confirmed by us in writing following your acceptance of our Offer to you.
2.1.2 “Application” means the offer to join a Programme made by you to us.
2.1.3 “Award” means the formal qualification received at the end of completing a Module (if studying a single module) or Programme;
2.1.4 “Blended Learning” means the learning environment offered by us where the use of Damelin Online is combined with Study Centre or Branch Campus access.
2.1.5 “Branch Campus” refers to premises owned by us at which Programmes are delivered.
2.1.6 “Contract” refers to the contract between us to provide the Programme to you, on these Terms, once you have accepted the Offer to study a Programme with Damelin Online.
2.1.7 “Damelin Online” means our virtual learning environment through which you study a Programme.
2.1.8 “Learning Environment” means the environment(s) you have available to you to aide your studies, being either the Online Distance Learning environment or the Blended Learning environment.
2.1.9 “Maximum Study Period” means a period of six (6) or nine (9) months (as set out in the Student Handbook) for which any Module of a Programme will be available to you.
2.1.10 “Modular Course” means a Programme capable of being studied in individual standardised units and sections (and “Module” and “Modules” shall be construed accordingly).
2.1.11 “Offer” has the meaning given to it in clause 4.3,
2.1.12 “Online Distance Learning” means the learning experience offered by us by a virtual learning environment only (including Damelin Online and any awarding universities online resources).
2.1.13 “Programme Fees” mean the fees applicable to your Programme, as set out on the Sites.
2.1.14 “Programme Materials” means any learning materials supplied by us as part of your enrolment of the Programme to you (including Damelin Online).
2.1.15 “Prospectus” means the digital or printed information pack containing information and illustrations regarding a specific Programme.
2.1.16 “Refunds Policy” means our policy with regard to the refund of Programme Fees located at http://www.damelinonline.co.za/refund-policy in accordance with clauses 15 and 16.
2.1.18 “Student Handbook” means the digital handbook given to you as part of joining a Programme.
2.1.19 “Study Centre” refers to third party premises at which we may deliver Programmes or study support.
3.1 Who we are.
3.2 How to contact us. You can contact us by emailing our customer service team at firstname.lastname@example.org or by telephoning our customer service team at (+27) 861 338 267.
3.3 How we may contact you. If we have to contact you we will do so by telephone, SMS text message or by writing to you at the email address or postal address you provided to us in your Application.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
4.1 Applying for a Programme. If you wish to join a Programme you must complete an online Application and submit this, together with any other documentation specified on the form or in the Prospectus, to us.
4.2 Applying on our Sites. Our online application process allows you to check and amend any errors before submitting your Application to us. Please take the time to read and check your Application at each page of the application process. In the event that you submit an incomplete Application, we will attempt to contact you to clarify and/or complete such information submitted on the Application before processing of the Application.
4.3 Application window. Applications must be received within a twelve (12) month period prior to the commencement of the specified Programme. To be considered for joining a Programme you must satisfy our entry requirements for that Programme and be able to produce appropriate evidence that you satisfy these requirements.
4.4 Approving your Application. If we approve your Application to a Programme then we will notify you in writing that we have accepted your Application and are prepared to grant you a place on the Programme (the “Offer”). However, you will not be able to accept the Offer (and we will not grant you access to your Learning Environment and/or release learning materials to you) until you accepted the Offer in writing to us and until we have received confirmation of your ability to pay the Programme Fees in accordance with clause 20. Once issued, our Offer will be valid for acceptance from the date of the Offer for 12 months, or until we agree otherwise.
4.5 If we cannot accept your Application. If we are unable to accept your Application, we will inform you of this in writing and will not charge you for the Programme. This might be because the Programme is oversubscribed, because of other unexpected limits on our resources which we could not reasonably plan for, because of you not having the pre-requisite qualifications to enrol onto that Programme, because you submitted an incomplete Application and we were unable to contact you to assist you in completing your Application, because we have identified an error in the Programme Fees or description of the Programme or because we are unable to meet a delivery deadline you have specified. We will not process your payment of any Programme Fees if this clause 4.4 applies, although if you already have paid the Programme Fees, we will refund you the full amount within the timescales set out in the Refund Policy.
4.6 Country of residence. You must confirm the country in which you are legally resident on the Application. Failure to disclose this information or, disclosing inaccurate information on the Application will result in the Application being rejected and/or your enrolment on a Programme being cancelled.
5.1 Prospectus accuracy. All samples, drawings, descriptive matter, specifications and advertising issued by us, and any descriptions or illustrations contained in our materials, catalogues, brochures, Prospectus or on our Sites are issued or published for illustrative purposes only and do not form part of the Contract with you. Although we have made every effort to be as accurate as possible, any typographical, clerical or other error or omission on our Sites or in any sales literature, quotation, Programme Fees list, invoice, Prospectus or other document or information we issue shall be subject to correction, provided that the correction does not materially affect the Contract.
5.2 Requirements for Programmes. A Programme can be studied by Online Distance Learning from anywhere in the world and a South African visa is not a pre-requisite to being accepted on such a Programme. However, admission to Blended Learning Programmes may be conditional on proof of residency in the country where the Study Centre or Branch Campus is located.
6.1 Regardless of your method of study and where you reside, you must:
6.1.1 ensure that the information you provide to us (whether on the Application or after a Contract is formed) is at all times complete and accurate;
6.1.2 comply with the various policies contained within the Student Handbook (including the Student Learning Contract and Student Code of Conduct) and the academic regulations of the relevant awarding body;
6.1.3 co-operate with us in all matters relating to the Programme; and
6.1.4 ensure that you have all necessary access and facilities (including access to the requisite technology and tools) required to access and use all aspects of the Programme and Programme Materials.
6.2 Connecting to our Sites to receive the Programme. You are solely responsible for obtaining and maintaining your own network connections and telecommunications links and we accept no liability for any costs, problems, conditions, delays, delivery failures and/or any other loss or damage incurred or sustained by you, arising directly or indirectly from your failure to comply with these Terms.
6.3 Prohibited actions. As a student under a Contract, you must not:
6.3.1 breach any provision of these Terms;
6.3.2 copy (except to the extent permissible under applicable law or for normal use of the Programme as may be permitted by these Terms), reproduce, translate, adapt, vary or modify any of the Programme Materials or software underlying Damelin Online, nor communicate them or it to any third party, without our prior written consent; or
6.3.3 remove, adapt or otherwise tamper with any copyright or trade mark notice, legend or logo which appears as part of the Programme Materials.
7.1 These Terms apply if you are a non-SA student. This clause 7 applies to you if you are submitting an Application to us and you are a citizen of a country that is not in the South African Union (the EU).
7.2 No sponsorship without our express permission. If you are a non-SA student that requires a visa to enrol on a Blended Learning Programme, you agree that you will not use any communication issued by us or any of our partners to obtain or extend a South African residency visa without our prior written permission.
7.3 In applying for a Programme you acknowledge and agree that:
7.3.1 the offer of a place on a Programme will not satisfy South African Border Agency requirements for a South African residency visa;
7.3.2 any attempt to falsely obtain a SA residency visa on the grounds of studying a Programme will result in immediate termination of your registration on the Programme; and
7.3.3 if you seek out or receive educational support for your Programme from any third party without our prior written permission from us, this will result in immediate termination of your registration on the Programme.
7.4 Non-SA students are eligible to apply for Online Distance Learning Programmes. We are able to accept international students on Online Distance Learning Programmes. Programme Fees may vary and acceptance will depend upon the Programme availability. Our decision as to Programme availability shall be final. Non-SA students may be referred to one of our or our agent’s local centres and will be subject to the terms and conditions of that local centre.
8.1 Access to Learning Environment. Access to your Learning Environment, Programme Materials and tutor support will be available from the Access Date for the duration of the Programme as set out in the Prospectus for your Programme. Following completion of the Programme, your access to Damelin Online, Programme Materials, any Study Centre or Branch Campus access (if applicable) and tutor support will cease.
8.2 Module access. When you have purchased an individual Module, access to your Learning Environment, Programme Materials and tutor support will be available for the Maximum Study Period for that Module as set out in the Student Handbook for your Programme. Following completion of the Module, access to your Learning Environment and the Programme Materials only (but expressly not tutor support in respect of that Module) will continue for the remaining duration of the Programme of which that Module is a part.
8.3 Maximum Study Period for Modules. If you do not complete a Module within the Maximum Study Period then we reserve the right to withdraw your access to Damelin Online, Programme Materials and tutor support. You will be required to re-enrol in order to complete and acquire your certificate.
8.4 Additional reading not included as part of the Programme or Programme Materials. Programme Materials and tutor support are designed to provide the information required to successfully complete the Programme. Additional reading recommendations are available to you but the provision of such additional reading is not necessarily included in the Programme Fees. If you wish to obtain additional reading you must do this at your own cost.
9.1 This clause 9 applies to your use of Damelin Online and other interactive services. This clause 9 sets out the terms upon which you access Damelin Online and other linked systems including assessment submission portals and Unitu (together, “our VLE”), as a registered user. Use of our VLE includes accessing, browsing, posting or uploading documents to our VLE or sending direct messages to other users.
9.2 Changes to our VLE. We may update our VLE from time to time, and may change the content at any time. We also do not guarantee that our VLE will be free from bugs and errors at all times.
9.3 Username and password. You will be provided with a user identification code and password as part of our security procedures, and you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this clause 9.3.
9.4 Content standards. Whenever you make use of a feature that allows you to upload content to our VLE, or to make contact with other users of our VLE:
9.4.1 you must comply with the content standards set out in clause 9.10;
9.4.2 you warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
9.5 Information uploaded to VLE shall be non-confidential. Any content you upload to all-user facing elements of our VLE will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
9.6 Disclosure of information. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our VLE constitutes a violation of their intellectual property rights, or of their right to privacy.
9.7 We are not liable for your acts or omissions. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our VLE.
9.8 We have the right to remove or edit any of your content on our VLE. We have the right to remove or edit any posting you make on our VLE if, in our opinion, your post does not comply with the content standards set out in clause 9.10.
9.9 Content Standards. These content standards apply to any and all material which you contribute to our VLE (contributions), and to any interactive services associated with it. You must comply with the following standards which apply to each part of any contribution as well as to its whole. Contributions must not:
9.9.1 Contain any material which is defamatory of any person.
9.9.2 Contain any material which is obscene, offensive, hateful or inflammatory.
9.9.3 Promote sexually explicit material.
9.9.4 Promote violence.
9.9.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
9.9.6 Infringe any copyright, database right or trade mark of any other person.
9.9.7 Be likely to deceive any person.
9.9.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
9.9.9 Promote any illegal activity.
9.9.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
9.9.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.
9.9.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
9.9.13 Give the impression that they emanate from us, if this is not the case.
9.9.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Continuous Assessment. All courses are based on continuous assessment and there is no examination, unless otherwise stipulated.
10.1 Modules may include assignments that count towards the final course result. The Online Course Lecturer (OCL) is required to assess your assignments within an allocated time period (48 hours). During this time, you will be required to submit further assignments. Any queries related to your previous assignment that will affect the submission of your next assignment should be asked on the module discussion forum.
10.2 Graded courses are formally graded and are assessed by Online Course Lecturer (OCL). Online Course Lecturer (OCL) allocates a grade for each assignment in accordance with the marking allocation, specified in the course handbook.
10.3 Peer review courses are not formally graded and are assessed through a peer review process. Unless the course requires that you be partnered with another person also participating in the specific course, the assignments completed will be randomly and anonymously allocated to a set of your fellow course participants for review.
The Online Course Lecturer (OCL), or assistant assessor where appropriate, will also review each assignment and provide their expert advice and guidance.
10.4 Assignment submission
Assignments are due to be submitted on the date and time as indicated in the course calendar or as otherwise indicated by the OCL.
The stipulated assignment submission times are South African based times. No late assignments will be accepted after the specified deadline, unless a late submission is granted by the OLC as outlined in section below.
10.5 Late submission. Assignments submitted after the due date will only be accepted under the following circumstances:
If you are ill and consequently are unable to submit the assignment on time, you must notify the OLC in writing of your situation before the assignment due date. The OLC will notify the AAC of the late submission request. The AAC will make contact with the participant and provide academic support. The OLC will ultimately make a decision may in his or her discretion grant an extension (if applicable), provided that a medical certificate has been provided.
Should an emergency or a special circumstance arise, you must notify the OCL and AAC before 17:00 when the assignment is due. It will then be at our discretion to decide if the late assignment is allowed and whether a penalty is appropriate. The penalty is 5% 1st day, 2nd day is 10%, 3rd day 50% – post day 3, no mark awarded.
Going away. No allowances will be made if you go away on holiday or go away for work. The course dates are clearly provided on the information document that you agree to before the course starts. Therefore, it is your responsibility to ensure that you are able to complete the course by submitting your assignments on time. No allowances will be made under these circumstances.
Re-marks. For courses that are graded you may request, in writing, a re-mark of an assignment at any stage of the course. However, no re-marks will be considered after the final results have been released. Re-marks may result in an increase, decrease or no change to your mark.
The cost of an assignment re-mark is R350 per assignment and must be requested in writing. All requests should be forwarded to the AAC and must be made before the final results have been released.
Assignment rewrites. Re-writes of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment, re-writes provide an unfair advantage.
11.1 Before commencing the Programme. If you wish to apply for a transfer to another Programme before you commence the Programme please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Programme Fees, the timing of the Programme or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
11.2 Changes in Programme Fees before commencing a Programme and cost. If you have transferred the Programme before commencing your existing Programme and the Programme Fees of your new Programme are lower than the Programme Fees of your previous Programme, we will refund the difference to you within the timescales set out in the Refund Policy. If the Programme Fees of your new Programme are higher than the Programme Fees of your previous Programme, then you must pay the difference to us by way of cleared funds prior to your commencement of the new Programme. There is no cost to change the Programme if you have not already commenced your existing Programme.
11.3 After commencing a Programme. If you wish to apply for a transfer to another Programme once your Programme has commenced you should complete and submit a transfer form, which will be available upon contacting us.
11.4 Changes in Programme Fees after commencing a Programme. If you have transferred after commencing your Programme and the Programme Fees of your new Programme are lower than the Programme Fees of your previous Programme, then the lower Programme Fees will apply and you may be entitled to a partial refund of the Programme Fees (subject to our Refund Policy). If the Programme Fees of your new Programme are higher than the Programme Fees of your previous Programme, then you must pay the difference to us by way of cleared funds prior to your commencement of the new Programme.
12.1 Minor changes to the Programme and there Terms. We may change elements of the Programme and/or these Terms:
12.1.1 to reflect changes in relevant laws and regulatory requirements;
12.1.2 to reflect changes to any policies you may need to comply with as part of being enrolled on the Programme (such as policies relating to conduct, plagiarism or equality) and as further detailed in your Student Handbook;
12.1.3 to correct any errors or omissions from the Terms and/or the Programme;
12.1.4 to reflect changes in how we accept payment from you; and
12.1.5 to implement minor technical and academic adjustment and improvements, for example to address a change in teaching methods or current awareness of a topic as advised by a commissioning or accrediting body of the Programme. These changes will not affect your ultimate qualification.
12.2 More significant changes to the Programme and these Terms. A Programme for which you have applied may be withdrawn by us:
12.2.1 at any time prior to the Access Date if there is a material reason why it cannot be delivered effectively, for example if there are not enough applicants to facilitate a viable student cohort or if the Programme is withdrawn by a third party awarding body; or
12.2.2 after you have accepted the Offer but before the Access Date, only if there is an event beyond our control, such as if the Programme is withdrawn by a third party awarding body or by unforeseen unavailability of specialist resources.
12.3 After the Access Date, we will use all reasonable endeavours to deliver the Programme in accordance with the description applied to it in the relevant Prospectus. In the event that a change following the Access Date has to be made, a replacement Module and/or Programme will be offered to you that continues to meet the Module and/or Programme outcomes.
12.4 Consulting you when changes are significant. Where material changes to the Programme or Modules are proposed, other than those which are beneficial to students or necessary for either the currency of the learning materials or the maintenance of relevant professional body accreditation, all students enrolled on the Programme will be consulted before any changes are made.
12.5 Updates to digital content. We may update or require you to update digital content in the Programme Materials to reflect changes in fact, understanding, research or law. We will always ensure that the content matches the description as we provided to you before enrolling on a Programme.
12.6 Notifying you of any changes. Whenever we revise these Terms in accordance with this clause 12, we will keep you informed and give you written notice of this by stating in a prominent position on our Sites and/or virtual learning environment (Damelin Online) that these Terms have been amended, what these amendments are and the date from which the changes will be effective.
13.1 When we will provide the Programme. During the Application process we will let you know when and how we will provide the Programme to you. We will also tell you during the Application process when and how you can end the Contract. We will supply the services associated with the Programme to you until either the Programme is completed or you end the Contract as described in clause 14 or we end the Contract by written notice to you as described in clause 17.
13.2 We are not responsible for delays outside our control. If our supply of the Programme is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund in accordance with our Refund Policy for any parts of the Programme you have paid for but not received.
13.3 Your legal rights if we deliver late. You have legal rights if we deliver parts of the Programme late. If we miss the delivery deadline for any material elements of the Programme then you may treat the Contract as at an end straight away if any of the following apply:
13.3.1 we have to provide the Programme to you;
13.3.2 delivery of the Programme by the date specified is essential (taking into account all the relevant circumstances); or
13.3.3 you told us before we accepted your Application that delivery within the delivery deadline was essential.
13.4 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end in the event we have missed a material delivery date (as specified at clause 13.3) straight away, or do not have the right to do so under clause 13.3, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
13.5 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the services to you, for example, evidence of finance or qualifications to enable you to join a Programme. If so, this will have been stated at the Application stage. If you do not give us this information prior to your enrolment or if you give us incomplete or incorrect information, we may either end the Contract (and clause 17.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Programme late or not supplying any part of the Programme if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
13.6 Reasons we may suspend the Programme (or parts of the Programme). We may have to suspend the supply of the Programme (or parts of the Programme) to:
13.6.1 deal with technical problems or make minor technical changes (particularly in respect of the Programme Materials);
13.6.2 update the Programme to reflect changes in relevant laws and regulatory requirements;
13.6.3 make changes to the Programme as requested by you or notified by us to you (see clause 12).
13.7 Your rights if we suspend the supply of the Programme as a result of clause 13.2. We will only suspend the Programme in extreme circumstances. You may (if you wish) contact us to end the Contract for the Programme if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Programme.
13.8 We may suspend your access to the Programme if you do not pay. If you do not pay us the Programme Fees when you are supposed to (see clause 20.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Programme until you have paid us the outstanding Programme Fees. We will contact you to tell you we are suspending supply of the Programme. We will not suspend the Programme where you dispute the unpaid invoice (see clause 20.4).
14.1 There is a maximum period of your registration on a Programme permitted by us or the awarding body (if they are supplying the Programme) for each Programme. You are not permitted to extend this period. For students who apply with an Advanced Period of Learning or advanced entry and therefore qualify for a time-reduced Module and/or Programme, this period may be reduced based upon the number of remaining credits to study. Pearson Programmes also have a certification end date which will supersede the maximum period of registration.
14.2 Student Handbook. Further details on the maximum period of registration are published in the relevant Student Handbook for every Programme.
15.1 You can always end your Contract with us. Your rights when you end the Contract will depend on the Programme, whether there is anything wrong with the Programme, how we are performing and when you decide to end the Contract:
15.1.1 If the Programme you have enrolled on is either described incorrectly or content has not been provided you may have a legal right to end the Contract (or to be placed on an alternative Programme or to get some or all of your money back), see clause 18;
15.1.2 If you want to end the Contract because of something we have done or have told you we are going to do, see clause 15.2;
15.1.3 If you have changed your mind about the Programme, see clause 15.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions as set out in the Refund Policy;
15.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 15.5.
15.2 Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at clauses 14.2.1 to 14.2.5 below the Contract will end immediately and we will refund you in full for any Programme Fees in respect for Programmes which have not been provided and you may also be entitled to compensation. The reasons are:
15.2.1 we have told you about an upcoming change which is classed as “more significant” to either the Programme or these Terms which you do not agree to (see clause 12.2);
15.2.2 we have told you about an error in the Programme Fees or description of the Programme you have applied for and you do not wish to proceed;
15.2.3 there is a risk that supply of the Programme may be significantly delayed because of events outside our control; or
15.2.4 you have a legal right to end the Contract because of something we have done wrong.
15.3 Exercising your right to change your mind (Consumer Protection Act No. 68 of 2008). You have a legal right to change your mind following the acceptance of our Offer without charge within 14 days of the acceptance and receive a refund. These rights, under the Consumer Protection Act No 68 of 2008, are explained in more detail in these Terms below. This right does not affect any additional rights you may receive by virtue of our Refund Policy.
15.4 How long do I have to change my mind? You have 14 days after the day you accept your Offer in writing to us. If you cancel after we have started the Programme, you may have to pay us for the part of the Programme provided up until the time you tell us that you have changed your mind.
15.5 Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 15.1), you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract for the Programme is completed when the Award has taken place. If you want to end the Contract in these circumstances, just contact us to let us know. The Contract will end immediately and we will refund any Programme Fees in accordance with our Refund Policy. (http://www.damelinonline.co.za/refund-policy).
16.1 Tell us you want to end the Contract. To end the Contract with us (meaning you will ‘withdraw’ from your Programme and/or Module), please let us know by doing one of the following:
16.1.1 Contact Student Support team by post, e-mail or phone. You can write to us requesting to withdraw from the Programme or Module by sending a letter to us at Damelin, 57 Underwood Road, Pinetown, Durban, 3610, South Africa or by emailing us at firstname.lastname@example.org Please provide your name, student number, details of Programme/Module studying, home address and, where available, your phone number and email address.
16.1.2 Complete the withdrawal form. Following your request, Student Support will send you a ‘Withdrawal Form’ which should be signed and returned to us by post at the address specified on the form.
16.2 How we will refund you. We will refund any Programme Fees due to you in accordance with our Refund Policy (http://www.damelinonline.co.za/Refund-Policy).
16.3 Deductions from refunds. We may deduct from any refund for the supply of the Programme for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount of any refund will be calculated in accordance with our Refunds Policy (http://www.damelinonline.co.za/Refund-Policy).
16.4 When your refund will be made. We will make any refunds due to you on the basis of our Refunds Policy (http://www.damelinonline.co.za/Refund-Policy).
17.1 We may end the Contract if you break it. We may end the Contract for the Programme at any time by writing to you if:
17.1.1 you do not make any payment of the Programme Fees to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
17.1.2 you have breached any terms relating to conduct which lead to expulsion as a student of Damelin Online (as set out in the various policies and procedures for such a decision being made, located in your Student Handbook); or
17.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Programme to you, for example, proof of academic qualifications or proof of residency.
17.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 17.1 we will refund any money you have paid in advance for the Programme that we have not yet provided but we may deduct or charge you a percentage of the Programme Fees calculated in accordance with the Refunds Policy.
18.1 How to tell us about problems. If you have any questions or complaints about the Programme or the Programme Materials, please contact us. You can telephone our customer service team at phone no (+27) 860 103 242 or write to us by email at email@example.com or by pre-paid post to Damelin (PTY) LTD, 57 Underwood Road, Pinetown, Durban, 3610, South Africa. Our complaints policy detailing how we handle complaints is available on our website (www.damelinonline.co.za) and is published in the Student Handbook.
An annual registration fee may applicable for all students during each year of study. This fee is in addition to the Programme Fees and irrespective of payment method and length of study. For details see our Sites.
20.1 Where to find the Programme Fees. The Programme Fees of the Programme will be indicated in the Prospectus, on our Sites and as confirmed on your Application. We take all reasonable care to ensure that the Programme Fees advised to you are correct. However please see clause 20.5 for what happens if we discover an error in the Programme Fees.
20.2 VAT. The Programme Fees are exempt of VAT.
20.3 How you must pay. We accept payment by a variety of methods if you are paying for your Programme directly. These methods are listed on our Sites. (Please see clause 20.9 for further information about payment from sponsors or student loan providers).
20.4 When you must may. Payment of the Programme Fees shall be made:
20.4.1 in full before the Programme commences; or
20.4.2 if you are sponsored or have an official student loan, in accordance with clause 20.8; or
20.4.3 in instalments of one or two Modules at a time, each instalment being payable in advance and in full.
20.5 When our Programme Fees are incorrect. It is always possible that, despite our reasonable efforts, the Programme Fees for some Programmes displayed on our Sites may be incorrect. If we discover an error in the Programme Fees of your Programme we will contact you to inform you of this error and we will give you the option of continuing to pay the Programme Fees at the correct level (either immediately or within a certain timescale) or cancelling your Contract. We will not take further payments of Programme Fees until we have your instructions. If we are unable to contact you using the contact details you provided during the Application process, we will treat this as evidence that you do not want to be on the Programme and will notify you of this in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Programme to you at the incorrect (lower) fees.
20.6 Currency of Programme Fees. The Programme Fees and currency payable for your Programme will depend on your country of residence and will be stated within our Offer to you.
20.7 Only certain individuals or organisations can make payment of the Programme Fees. Payment of the Programme Fees shall be made by you or a personal or official company sponsor or lender (including any recognised government funding agency such as the Student Loans Company).
20.8 Payment in full or by instalments. If you opt for payment in accordance with clause 20.4.1 or clause 20.4.3, we will grant you access to the Programme Materials and Learning Environment associated with your chosen Programme on the date on which we receive payment in full from you. However, if (in the event that you are in receipt of an official student loan or sponsored), thirty (30) days have expired following the date of our invoice and we have not received payment in respect of your chosen Programme whether from your lender or from your paying sponsor, we reserve the right to deactivate your account and cancel your right to access and participate in the Programme.
20.9 Sponsor payment of Programme Fees. If you opt for payment in accordance with clause 20.4.2, we will grant you access to your Learning Environment and/or release Programme Materials subject to clause 20.10, upon the date on which we deliver the invoice to you and your lender or sponsor as applicable or upon the next following Module release date, whichever is the later. Such Programme Fees are payable in advance within thirty (30) days of receipt of our invoice or as otherwise agreed between us and the lender or sponsor, as applicable, in writing. If we do not receive payment in accordance with this clause 20.8 and any applicable agreement with the lender or sponsor, as applicable, we reserve the right to cancel your access to participate in the Programme.
20.10 Purchase order required from sponsor. In the event that you are being sponsored by an official company sponsor we will not grant you access to the Programme Materials and Learning Environment associated with your chosen programme, until we have received a purchase order number from the official company sponsor.
20.11 Official student loan payment of Programme Fees. If you opt for payment in accordance with clause 20.4.2 and you are receiving an official student loan to pay for your Programme Fees, your ongoing enrolment on the Programme is dependent on the official student loan provider continuing to provide you support to study your Programme. In the event that such support is discontinued, In the event that such finance is discontinued, you will be given the option to pay the Programme Fees by a different method of payment.
20.12 We reserve the right to increase the Programme Fees. The chargeable Programme Fees will be those quoted on the Sites at the time of your enrolment with us on a course. Where you are paying the Programme Fees by module or in instalments in accordance with 20.4.3 the chargeable Programme Fees will be subject to annual increases every October, such level to be capped at the RPI (Retail Price Index) +3%.
21.1 The intellectual property in the Programme, Programme Materials and Damelin Online belong to us. You acknowledge that:
21.1.1 all intellectual property rights used by or subsisting in the Programme, Programme Materials and Damelin Online are and shall remain our exclusive property;
21.1.2 rights to access and use the Programme, Programme Materials and Damelin Online are licensed (and not sold) to you;
21.1.3 you have no rights in, or to, the Programme, Programme Materials and Damelin Online other than to use it for the purposes of your studies; and
21.1.4 you will not at any time make any unauthorised use of, or copy, reproduce, modify, distribute, republish, display, post or transmit any aspect of the Programme, Programme Materials or Damelin Online containing such intellectual property rights, nor authorise or permit any person to do so.
21.2 Work created by you as a student. Any documentation, project work or other materials by you as a student on a Programme will be solely owned by you.
21.3 Licence of submitted work to us. Where you have submitted work to us as part of the Assessments (see clause 9) of a Programme, you agree to give us a permanent licence of that work for us to use for academic and research purposes, as well as submitting the work to external moderators or other third parties. We will always ensure that you are appropriately referenced as the creator of that work, although it may be necessary to anonymise such reference when used for moderating and marking purposes.
22.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the application process.
22.2 Defective digital content. If defective digital content (including, but not limited to, any Programme Materials or content accessed via Damelin Online) which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
22.3 Losses we do not exclude. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
22.4 We are not liable for business losses. We only supply Programmes for individual and private use. If you use the Programme or Programme Materials for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
23.2 How we will use your personal information. We will use the personal information you provide to us:
23.2.1 to supply the Programme to you;
23.2.2 to process your payment of the Programme Fees; and
23.2.3 if you agreed to this during the application process, to inform you about similar or complimentary Programmes that we provide, but you may stop receiving these at any time by contacting us.
23.3 Your data may be processed outside of the South African Economic Area (SAEA). Your data may be processed by staff third parties and/or staff operating outside the SAEA who work for us or who are contracted by us or by you in the course of delivering a course or programme on these Terms. Such third parties and/or staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of the support services, such as administration of any applicable contract with us or marketing and PR services.
23.4 Higher Education Statistics Agency. As part of your Application to us, we are required to submit information and to pass personal data to the Higher Education Statistics Agency (HESA) in accordance with our obligations as a provider of higher education in the SA, for the purposes of government reporting, monitoring and publishing comparative information about higher education providers. This information may contain personal data and/or sensitive personal data. For more information on how this data will be used, please see the HESA collection notices at http://www.hesa.co.za
23.5 We will comply at all times with the law. We will take appropriate technical and organisation measures against unauthorised or unlawful processing of your personal data or its accidental loss, destruction or damage. In the event of any loss or damage to your personal data, we will use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data. We will only give your personal information to other third parties where the law either requires or allows us to do so.
24.1 We may transfer the Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract If you are unhappy with the transfer you may contact us to end the Contract within 30 days of us telling you about it and we will refund you any Programme Fees paid for in advance of the Programme being provided.
24.3 Applicable Terms. When you purchase a Programme or individual Module (or Modules), the Terms in force at the time of that purchase will apply to the Contract between you and us.
24.4 You cannot transfer your rights to someone else. The Contract between us is personal to you and cannot be completed by any other individual. As such, you shall have no ability to transfer the Contract to another individual or entity.
24.5 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
24.6 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.7 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Programme, we can still require you to make the payment at a later date.
24.8 Which laws apply to this Contract and where you may bring legal proceedings.
24.9 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of our Sites:
If you join Programmes through our Sites, separate Terms and Conditions will apply to such contracts. In the event of a conflict between these Terms and the Terms and Conditions, the Terms and Conditions shall prevail.
INFORMATION ABOUT US
www.damelinonline.co.za is operated by Damelin (Pty) Ltd (we or us). We are a private limited company, registered in South Africa, Registration Number 1998/021806/07 and we have our registered office at 57 Underwood Road, Pinetown, Durban, 3610, South Africa. Our college status is on the basis of being a private college which does not receive funding from the Higher Education Funding Council for South Africa. As a result of this status, we are not subject to Freedom of Information requests under the Freedom of Information Act 2000.
CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
CHANGES TO OUR SITE
We may update our Sites from time to time, and may change the content at any time. However, please note that although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up-to-date.
We do not guarantee that our Sites, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our Site made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
NO RELIANCE ON INFORMATION
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.
You may use our Site only for lawful purposes. You may not use our Site:
You also agree:
BREACHING THESE TERMS
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Sites.
Failure to comply with these Terms may result in us taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. It may also result in disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
LIMITATIONS ON OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Please note that our Site is only intended for use by consumers and as such we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, sales, business or revenue; business, business interruption; loss of any anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of you applying or enrolling onto a Programme with us, these Terms are set out in our [Terms and Conditions for sale of distance and blended learning Programmes].
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server(s) on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
LINKING TO OUR SITE
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our Site contains links to third party sites and other resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Please note these Terms, its subject matter and its formation, are governed by South African law. You and we both agree to that the courts of South Africa will have non-exclusive jurisdiction.
To contact us, please email email@example.com
ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.damelinonline.co.za (our Site). This Acceptable Use Policy applies to all users of, and visitors to, our Site.
www.damelinonline.co.za is a site operated by Damelin (Pty) Ltd (we or us). We are registered in South Africa, Registration Number. 1998/021806/07 and we have our registered office at 57 Underwood Road, Pinetown, Durban, 3610, South Africa
You may use our Site only for lawful purposes. You may not use our Site:
You also agree:
We may from time to time provide interactive services on our Site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Site. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Site.
BY SIGNING IN AS A REGISTERED STUDENT TO OUR LMS SYSTEM YOU:
Except as expressly permitted by the other provisions of this notice, you may download course material/content from our website and/or save any such material/content to your computer.
Except as expressly permitted by this notice, you must not edit and/or otherwise modify any material/content on our website or any other downloaded material.
Unless you own or control the relevant rights in the material, you must/shall not:-
You shall/must not:
Enforcement of copyright