A. Please ensure that you read these terms and conditions carefully.
B. These terms and conditions are subject to variation which shall be posted on the Lyceum website. The student undertakes to visit the Lyceum website regularly to ensure that he/ she is fully informed of same.
1.1. Some of the words in this agreement are printed in black 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 LYCEUM COLLEGE 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 LYCEUM COLLEGE for your studies, including, but not limited to, study, exam, cancellation and administration fees;
1.1.5. ‘MATERIAL/STUDY MATERIALS’ means all study materials supplied by LYCEUM COLLEGE including, but not limited to all material supplied in any
1.1.6. ‘STUDENT Refers to: Student/Account Payer/Guarantor/Consumer/Sponsor/ Third Party/Surety And/or Guarantor’, and 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 LYCEUM COLLEGE; and
1.1.11. ‘YOU’ and ‘YOUR’ refers to the student whose particulars appear on the
2. OUR SERVICES TO YOU, THE STUDENT
2.1. An sms will be forwarded to you, the student, on date of acceptance of the registration by LYCEUM COLLEGE. LYCEUM COLLEGE 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 LYCEUM COLLEGE 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. LYCEUM COLLEGE’s rules and regulations are published in the LYCEUM Orientation Guide and on the LYCEUM COLLEGE website and apply to all students registered at LYCEUM COLLEGE. It is important that you read, know and understand the rules and regulations contained in the LYCEUM COLLEGE Orientation Guide and the LYCEUM website. It is the Student’s obligation to be aware of all the terms and conditions contained thereto.
2.4. All official communication from LYCEUM COLLEGE will be sent to the nominated email address only. Please ensure that the Student regularly checks this email address for communication from LYCEUM COLLEGE, such as statements and exam timetables, venues and confirmation of registration /eligibility to write exams. LYCEUM COLLEGE shall not be responsible should a student fail to do so.
2.5. A student shall not, by reason of his/her failure to submit assignments and/or to write exams, for any reason whatsoever 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 due.
2.6. If necessary, an extension may be granted for the study period, provided that LYCEUM COLLEGE is notified promptly when the Student is prevented from studying due to illness or reasons beyond his/her control AND provided that the Student supplies LYCEUM COLLEGE with proof of the reasons relied upon (medical certificate, death certificate of immediate family member, etc.).
2.7. LYCEUM COLLEGE reserves the right to discontinue services to a student as often as deemed necessary in its sole discretion, for any reason whatsoever.
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. The student must ensure that they must sign the exam register prior to writing the exams and proof of attendance and completion of exam lies with the student.
2.9. Students shall ONLY be permitted to write exams upon proof of payment of all fees due to LYCEUM COLLEGE 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 and the student consents to be disbarred from writing exams until all fees outstanding are paid in full or received to the satisfaction of LYCEUM COLLEGE.
2.11. For examinable programmes (other than Computer Studies), LYCEUM COLLEGE undertakes to update study material for two consecutive exam sittings counting from the date of issue of the study material, provided that The Student is within the contract period.
2.12. The student accepts that LYCEUM COLLEGE 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 acknowledges that he/she is solely responsible for ensuring that he/she has been properly registered with any relevant internal and/or external institution or examining body, where applicable, and that he/she has been registered for any and all LYCEUM COLLEGE’S and/or examinations with such institute or body, and has obtained the relevant exam number and is aware of the timetables for such exams.
2.14. The student accepts, as stipulated in the LYCEUM COLLEGE 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 LYCEUM COLLEGE.
2.15. The student must supply LYCEUM COLLEGE with a physical address for the delivery of study material between (08h00-17h00) on weekdays.
2.16. LYCEUM COLLEGE 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 deemed to be fulfilment by LYCEUM COLLEGE of its obligation under Clause 2.1.
3. THE STUDENT’S RESPONSIBILITIES
3.1. Study material
3.1.1. The Student must pay postage on everything posted by the Student to LYCEUM COLLEGE.
3.1.2. The Student must pay courier costs on anything couriered to the Student by LYCEUM COLLEGE.
3.1.3. The Student must pay for the replacement of study materials supplied to the Student by LYCEUM COLLEGE.
3.1.4. Study material supplied to the Student may not be passed/given/lent to any person and may not be accessed by anyone other than the Student. The Student may not allow anyone to copy such material in any manner or form nor may the Student supply any copy of such material to any other person.
3.2. Payment of the Student’s fees/Credit vetting:
3.2.1. If the Student is over 18 and will be paying the fees itself, then the Student hereby declares that the Student:
(a) Will sign acceptance of all the terms and conditions of this agreement on each page;
(b) Is legally bound to this contract;
(c) Is responsible for the repayment of the entire debt; and
(d) Has the consent of the Student’s spouse if applicable;
3.2.2. If the Student is under 18, then the Student’s parent, custodian, guardian, and/or sponsor:
(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
3.2.3. If a third party will be paying the fees for the Student, 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
(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) Confirms consent of spouse has been obtained, if applicable.
3.2.4 The parties listed above (i.e: The Student, the Student’s parent, custodian, guardian and/or sponsor), hereby 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;
3.2.5 The parties listed above further agree to provide Certified copies of their latest proof of residence as well as certified copies of their Identity Document, for FICA verification purposes.
3.2.6. The price payable will be by the method the Student has indicated on its registration form.
3.2.7. All payments due in terms of this agreement must be paid on or before the due date for payment.
3.2.8. LYCEUM COLLEGE is entitled to levy an administration charge in addition to any other bank charge or the like levied as a result, which the Student agrees to pay, if any debit order or other form of payment is returned unpaid or if the credit card payment is rejected for whatever reason.
3.2.9. The student acknowledges that the onus is upon themselves to ensure that the monthly payments are made, even where the student is not responsible for same.
3.2.10. LYCEUM COLLEGE reserves the right to change the debit order date and/or amount to accommodate public holidays, weekends, arrears, exam fees, etc.
3.2.11. Should for any reason whatsoever a debit order be returned unpaid then the person responsible for such payment hereby irrevocably authorises LYCEUM COLLEGE to debit his/her account with the amount due on any date as LYCEUM COLLEGE 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 LYCEUM COLLEGE in terms hereof;
3.2.12. By his/her signature hereto the student hereto hereby consents to LYCEUM COLLEGE 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;
3.2.13. By his/her signature hereto the persons responsible (i.e the Student, the Student’s parent, custodian, guardian and/or sponsor) or standing surety for the payment of fees and/or terms hereof hereby irrevocably authorises LYCEUM COLLEGE to perform such credit checks as it may in its sole discretion determine with any recognised credit bureau and the like;
3.2.14. The Student is responsible for ensuring that it is properly registered with any relevant external institute or examining body where applicable and by the Student’s signature hereto agree that the Student will ensure that it receives written confirmation from LYCEUM COLLEGE and/or the relevant institute of being registered for examinations. The Student further agrees to make payment of all relevant fees to LYCEUM COLLEGE and/or the external body responsible for same.
3.3. What happens if the Student does not pay LYCEUM COLLEGE on time?
3.3.1. Should a student 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, exams and the like.
3.3.2. The Student 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 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 any 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 LYCEUM COLLEGE in writing of any material changes to your contact, including, but not limited to the Student’s 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: The Student consents to LYCEUM COLLEGE requesting and obtaining credit bureau enquiries from time to time through any credit bureau or similar institution in order to ascertain the Student’s personal circumstances, credit history and credit worthiness and to supply details of the Student’s defaults to such credit bureaus.
4.4. The Student consents to LYCEUM COLLEGE obtaining, using and disclosing its personal information, when necessary including, but not limited to, as follows:
(a) To provide the materials to the Student and otherwise perform LYCEUM COLLEGE’s obligations and enforce any of LYCEUM COLLEGE’s rights under this Agreement;
(b) To use the Student’s information to inform the Student of LYCEUM COLLEGE’s other programmes, products or services that may be of interest to the Student;
(c) To share the Student’s information with companies in LYCEUM COLLEGE’s group, (associated companies and third parties) to enable them to inform the Student of other products or services that may be of interest to the Student; and
(d) To give to attorneys and debt collection agencies, credit bureaus if the Student is 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 LYCEUM COLLEGE or any other authorised member of the management team to use, review and process any personal information provided to LYCEUM COLLEGE and to use same in the manner that LYCEUM COLLEGE sees fit.
5.4. The student 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 LYCEUM COLLEGE to collect, process and distribute relevant personal information where LYCEUM COLLEGE is legally required, and/or obliged to do so and/or in LYCEUM COLLEGE’s sole discretion. The student also consents to LYCEUM COLLEGE supplying such personal information to any third-party service providers to have access to their personal information and consent to LYCEUM COLLEGE 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 LYCEUM COLLEGE.
5.6. In the event of a cross border transmission of information, LYCEUM COLLEGE will take all reasonable steps to ensure that the data is transmitted securely.
6. THE STUDENT’S DUTY TO SETTLE DEBTS
6.1. The Student is entitled to settle its debts any time, with or without advance notice to LYCEUM COLLEGE.
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 the Student to LYCEUM COLLEGE up to the settlement date.
7. LIMITATION OF LYCEUM COLLEGE’S LIABILITY
7.1. LYCEUM COLLEGE will not be liable in any way whatsoever, for including but not limited to damages, personal injury, liability or losses (whether direct, indirect, contingent or consequential) suffered by the Student, resulting from the use of the material, registration with LYCEUM COLLEGE, qualifications and/or arising in any manner or form whatsoever.
8. BREACH AND TERMINATION
8.1. In the event of the student 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 LYCEUM COLLEGE calling upon the student to remedy the breach complained of then:
8.1.1. LYCEUM COLLEGE shall be entitled at its sole discretion without prejudice to any of its other rights in law:
126.96.36.199. To claim specific performance of the terms of this Agreement; and/or
188.8.131.52. To cancel this Agreement forthwith and/or
184.108.40.206. Claim and recover damages from the student/consumer.
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 and examination/registration fees;
(e) External university fees (should the student be registered with external bodies);
(f) Notes, books, stationery or other items.
9.2. Qualifications will only be issued once the Student’s account has been settled in full and all applicable exams and tests have been completed and you are declared competent.
9.3. LYCEUM COLLEGE does not accept responsibility for the Student’s eligibility or entry and/or registration for public and/or external and/or internal examinations.
9.4. Results will only be issued to the registered student.
9.5. LYCEUM COLLEGE does not accept responsibility for the Student’s eligibility or entry and/or registration for any relevant external Institution or Examining Body.
10.1. A student may cancel his/her enrolment for the current academic year of study as a whole by completing the cancellation/deregistration form and by attaching the necessary supporting documents to same and thereafter submitting such bundle to the relevant LYCEUM COLLEGE branch associated with the Student. The said bundle would then be sent to the Cancellation committee for review.
10.2. The Student reserves 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 LYCEUM COLLEGE’s consent.
10.3 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.
10.4. If the cancellation is granted, a cancellation fee, will be payable and calculated, by 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.
10.5. 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 have been met/satisfied.
11.1. LYCEUM COLLEGE will be entitled to create and apply rules (including due performance requirements) and the Student hereby agrees to be bound by such rules. LYCEUM COLLEGE shall be entitled to exclude the Student from lectures and examinations (without in any way detracting from the right of LYCEUM COLLEGE to recover fees payable) and to withhold the Student’s results should the Student fail to comply with any of the terms of this agreement and/or the student code of conduct.
11.2. 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 LYCEUM COLLEGE, LYCEUM COLLEGE shall be entitled in its sole discretion to reject the Student’s application and/or require the Student to complete a new application. LYCEUM COLLEGE 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. The Student agrees to be bound by such application.
11.3. The Student accept that as part of the assessment of the programme, he/she 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 prescribed by LYCEUM COLLEGE.
11.4. The Student agrees and acknowledge that in certain circumstances external bodies are responsible for the verification and award of a qualification. In such circumstances LYCEUM COLLEGE shall not be held responsible and/or liable for the delays occasioned by the verification process of the awarding/external bodies.
11.5. The Student acknowledges and agrees that the sole responsibility of the submission of the PoE shall lie with him/her and that LYCEUM COLLEGE accepts no responsibility for the submission thereof. The Student must be able to prove that he/she has submitted a PoE by way of written confirmation from LYCEUM COLLEGE and in addition the Student MUST keep a certified copy of the submitted PoE stamped or signed by LYCEUM COLLEGE in the event of the PoE having being lost or destroyed making it necessary to be resubmitted. LYCEUM COLLEGE shall not be held liable for any damages arising from any circumstances in any manner and/or form.
11.6. Where programmes are subject to external verification and certification, LYCEUM COLLEGE’s result sheet shall not be valid and may not be used as proof of having passed such a programme and/or qualification.
11.7. The Student, the payer and/or the third party chooses the address as disclosed in section 3 of this agreement as its, the payer’s and/or the third party’s domicilium citandi et executandi for all purposes arising from this agreement.
11.8. LYCEUM COLLEGE chooses as its domicilium citandi et executandi for the purposes of service of all legal notices and processes the address of 57 Underwood Road, Pinetown, 3610.
11.9. No relaxation or indulgence, which we may extend to the Student, shall affect LYCEUM COLLEGE’s rights under this agreement. (Please note that this applies to both the student and the person responsible for payment.)
11.10. All liabilities or obligations arising under this agreement shall be enforceable against the Student after termination of this agreement. All relevant clauses survive the omission of this agreement.
11.11. This agreement constitutes the whole agreement between the Student and LYCEUM COLLEGE and no variation, deletion, or addition will be valid, unless it is in writing and signed by hand and in ink or published by LYCEUM COLLEGE on the LYCEUM COLLEGE website, which the Student undertakes by its signature hereto to periodically visit to ensure that he/she is 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.
11.12. The Student consents to the jurisdiction of any Magistrate’s Court having jurisdiction, regarding any legal action issued by LYCEUM COLLEGE against the Student arising from this agreement, and the Student also consents to LYCEUM COLLEGE issuing proceedings out of the High Court, if LYCEUM COLLEGE chooses to do so. (Please note that this applies to both the student and the person responsible for payment.)
11.13. This agreement is subject to acceptance by LYCEUM COLLEGE, which will be communicated in writing to the Student.
11.14. LYCEUM COLLEGE reserves the right to enrol students upon the student meeting all academic and financial requirements.
11.15. 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 LYCEUM COLLEGE website at www.lyceum.co.za
11.16. LYCEUM COLLEGE accepts that the student has read all rules and regulations and that same has been fully understood by the student. The rules and regulations published in the LYCEUM COLLEGE Student Guide and LYCEUM COLLEGE Student Policies are subject to change on the LYCEUM COLLEGE website and which the student hereby agrees and undertakes to continuously update themselves on any changes that occur.
11.17. LYCEUM COLLEGE does not guarantee the student employment by any institution and/ or company and/or individual. For more information and to view the LYCEUM COLLEGE Student Prospectus, refer to www.lyceum.co.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.lyceum.co.za. The student/consumer confirms that he/she has made themselves fully aware of the Terms and Conditions thereto.