TERMS AND CONDITIONS

1. Acceptance of Terms and Conditions
1.1. The website mecadacademy.co.za (hereinafter referred to as “the website”) is made available by MECAD Academy (hereinafter referred to as “MECAD Academy”), a division of MECAD Systems (Pty) Ltd in coordination with MECAD Manufacturing (Pty) Ltd (hereinafter referred to as “MECAD”).
1.2. The terms and conditions set out below, including any additional document incorporated by reference (hereinafter referred to as “the terms and conditions”), apply to any person who uses the website, visits it, refers to it, or viewed (hereinafter referred to as “the visitor”).
1.3. The terms and conditions regulate the terms and conditions under which any visitor visits and/or uses the website (hereinafter referred to as “use”) and the information, content, products or services available on the website (hereinafter referred to as “the content”) belong to the owner, its subsidiaries, its secondary companies, its holding companies, partners, third party suppliers or any other party.

2. MECAD’s information
The Electronic Communications and Transactions Act 25 of 2002 states that when goods or services are delivered through certain electronic transactions, the seller of these goods must disclose certain information about himself to his customers on the website where the goods are offered.
2.1. MECAD Academy, a division of MECAD, information is as follows:
2.1.1. Full names and status: MECAD Academy a division of MECAD Systems (Pty) Ltd, a private company with the registration number 1988/006320/07, in coordination with MECAD Manufacturing (Pty) Ltd, a private company with registration number 2016/383441/07.
2.1.2. The physical address and the address for signing documents is: Rosehip Office Park, 29 Landmarks Avenue, Samrand, Centurion, Gauteng, 0157;
2.1.3. Telephone number: 012 645 4300;
2.1.4. Website: mecadacademy.co.za;
2.1.5. Email address: info@mecadacademy.co.za

3. The transaction between you and MECAD
3.1. Obligations of you as a consumer:
3.1.1. As a consumer, you confirm that you are over 18 years of age and are a natural person with commercial competence.
3.1.2. You hereby confirm that you have an obligation to provide MECAD Academy with accurate and correct personal information. You further confirm that you will promptly notify MECAD Academy of any change in your personal details, specifically your contact details and shipping address.
3.1.3. As a consumer, you undertake to use the website only for the purpose for which it is intended and suitable and is used. Furthermore, you undertake not to infringe on the integrity of the website, or any information or products displayed on it.
3.1.4. You accept that MECAD Academy is entitled to take any reasonable steps to prevent possible fraud, including deactivating any links or courses.
3.2. Orders and purchases on MECAD Academy’s website
3.2.1. As a student, when you enrol in a course or other content, whether it’s free or paid content, you are getting a license from MECAD Academy to view the content via the MECAD Academy platform and Services or attend a classroom course and MECAD Academy is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
3.2.2. A transaction is only final after the order has been placed online, the process for purchases has been followed and full payment for all items has been received by MECAD Academy.
3.2.3. Courses that are therefore placed in your “shopping basket” or on your “wish list”, or ordered with Direct Bank Transfer or Payment Notice option, but have not yet been paid for, will not be considered a final transaction.
3.2.4. MECAD Academy may from time to time remove items that appear in your “wish list” if stock of the item or the course is no longer available.
3.2.5. MECAD Academy occasionally runs promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
3.3. Cancel your order
3.3.1. You can cancel the transaction at any time before the complete transaction has been executed.
3.3.2. Once the full amount due to MECAD Academy has been paid, the transaction is final and the purchases cannot be cancelled via the website.
3.3.3. However, if you would like to cancel the transaction, you must write to enrolment@mecadcademy.co.za within 24 hours after the purchase has been completed, but before the goods have been dispatched or the in-person classroom or virtual course has been attended. In such a case, the transaction will be cancelled at no cost to you, and the amount already paid will be refunded to you. Online courses and other digital products cannot be returned due to the nature of the products. Thus online courses and other digital products transactions cannot be cancelled.
3.3.4. You are also entitled to cancel the transaction without reason within 7 days of enrolling for an in-person classroom or virtual course or purchasing a physical product only if the course will commence more than one month in advance or if it’s physical goods. In such a case, you must write to enrolment@mecadcademy.co.za within the stated period in order to cancel the transaction. The cost of the course or product will be refunded to you, but you will be responsible for the cost of returning physical goods to MECAD Academy. Online courses and other digital products cannot be returned due to the nature of the product. Thus online courses and other digital products’ transactions cannot be cancelled.
3.3.5. A transaction may also be cancelled by you if the physical goods ordered were not delivered within the framework for delivery. Also see the full returns and refunds policy and the Shipping Charges and Delivery section below.
3.3.6. MECAD Academy reserves the right to cancel a transaction in full or in part at any time in the event that fraud is suspected or where the full amount for the transaction has not been received.
3.3.7. MECAD Academy will only be responsible for the refund of monies already received and accepts no other liability that may arise from the rejection process of such an order or purchases.
3.4. Costs and taxes
3.4.1. Each item’s price is clearly listed with the items. When items have been loaded into your “shopping basket”, the prices will also be clearly displayed.
3.4.2. VAT of 15% is charged on all items purchased in South Africa. VAT is not charged if the billing address is outside the borders of South Africa.
3.4.3. Import duties may be payable by certain recipients of goods abroad. MECAD Academy takes no responsibility for the various import taxes that may apply. Such charges are the responsibility of the customer.
3.5. Shipping costs and delivery
3.5.1. All orders/transactions of physical goods whose value is more than R1800.00 (one thousand eight hundred rand) are delivered free of charge by courier services. However, the above mentioned free delivery is only valid for delivery addresses within the borders of South Africa.
3.5.2. Orders whose transaction value is less than R1800.00 (one thousand eight hundred rand) are calculated according to delivery address and chosen service package.
3.5.3. Delivery takes place within 25 (twenty-five) working days in South Africa. Delivery will be confirmed by an order confirmation email.
3.6. Advance orders
3.6.1. From time to time MECAD Academy will advertise products that will be available in the future. This gives you the opportunity to order the product even before it is available on the shelves. Note, however, that these products are ordered separately and cannot form part of your total basket where you purchase products that are already available.
3.6.2. The procedure that applies regarding the payment and delivery of goods ordered on advance order will be communicated to you.
3.7. Availability of stock
3.7.1. MECAD Academy will at all times undertake to advertise products as far as possible on the website that are available at the time of the advertisement, excluding the products available on pre-order referred to above.
3.7.2. Please note, however, that stock may be limited and if MECAD Academy cannot deliver the items purchased by you for whatever reason, you will be informed by MECAD Academy of this and you will be entitled to a full refund for the amount paid for the relevant product. Also see the Returns and Refunds Policy below.
3.8. Payment methods:
3.8.1. You can pay in any of the following ways: Visa, MasterCard, Direct Back Transfer (EFT) to MECAD Academy’s bank account, the details of which are provided on request or by Purchase Order. Card transactions will be processed for MECAD Academy via Mobipaid. Mobipaid uses a strict form of encryption, namely PCI Level 1 with 3-D Secure and no card details are stored on the MECAD Academy website. Users can go to mobipaid.com to view their security certificate and security policy.
3.8.2. Card Transactions: When the order is placed, the transaction details are sent to the bank and payment is recovered immediately. If approval is not obtained from the bank, the transaction will be cancelled.
3.8.3. Direct Bank Transfers: We will send the bank details for payment once the order has been received. It is the responsibility of the purchaser to ensure timely payment is made. A transaction will be marked as complete only once payment reflects in our bank account. If no payment has been received at the commencement of a course, the transaction will be cancelled.
3.8.4. Payment Notice: We will send the Payment Notice to the nominated email address as indicated during checkout. It is the responsibility of the purchaser to ensure timely payment is made. A transaction will be marked as complete only once payment reflects in our bank account. If no payment has been received at the commencement of a course, the transaction will be cancelled.
3.8.5. No orders can be placed on credit.
3.9. Trade outlet country and transaction currency
3.9.1. South Africa is the trading outlet country at the time payment options are presented to the cardholder. The transaction currency is South African Rand (ZAR).
3.10. Record of sales
3.10.1. A complete record of your purchases at MECAD Academy will be kept for a period of 12 (twelve) months.
3.10.2. During this period you will be able to view and print your previous purchase records. Note that this only includes the transactions that you carried out on MECAD Academy’s website from 1 April 2023.
3.10.3. It also does not include any orders that you have placed with MECAD Academy by phone, by e-mail or in any other way.

4. Returns and Refunds Policy
4.1. General
You are entitled to return any item purchased from MECAD Academy if:
4.1.1. The wrong product or content has been delivered to you; or
4.1.2. The physical product you received is defective (broken) or not in good condition; in which case you are entitled to a full refund and/or replacement of the product.
4.1.3. Returns in the case where the wrong goods have been received must be made within 14 working days of receiving the product and MECAD Academy will be responsible for the return costs. Returns in the case where the product is defective can be made within three (3) months of receipt of the defective goods and MECAD Academy will be responsible for the return costs. Your internet connection, software, hardware or other prerequisites not met, do not constitute defective goods.
4.1.4. Note that MECAD Academy is entitled to inspect the goods returned after the 14 day period referred to above. If it is found that the goods are not defective and/or are in good condition, you will still be responsible for the transaction costs and you will also be invoiced for any shipping costs that may apply.
4.1.5. If you are entitled to a refund for any of the above reasons, such a refund will be made in the following way:
4.1.5.1. Proof of bank account details, on a letterhead from your bank, must be sent to MECAD Academy via e-mail: enrolment@mecadcademy.co.za;
4.1.5.2. Repayment will be made via EFT directly to your bank account.
4.1.5.3. Please note that the refund process may take up to seven (7) business days for approval.
4.2. Late delivery of products
4.2.1. If a product is not delivered within the agreed delivery time, or within 30 days of purchasing the product where a specific delivery time has not been agreed upon, the Electronic Communications and Transactions Act states that you have the right to cancel an order by giving seven (7) days’ notice to the seller (MECAD Academy). In such a case, send an e-mail notification to enrolment@mecadcademy.co.za.
4.2.2. If the product purchased is no longer available, MECAD Academy must notify you and refund you in full within 30 days of your notification. Virtual or in-person classroom course dates passed do not constitute unavailability. MECAD Academy will notify you of the next available dates for the specific course.
4.2.3. MECAD Academy takes no responsibility or liability for any product not received or delivered late as a result of incorrect, inaccurate, or incomplete contact details or shipping address, inadequate internet connection, software or hardware not up to required specifications. It is your responsibility to provide the correct contact details and shipping address at all times and ensure your internet connection is stable for the duration of a class, as well as hardware and software are within the required specification. MECAD Academy will not provide any software required for Virtual or Online courses.
4.3. Defective and/or damaged goods
4.3.1. If within three (3) months of receiving the product from MECAD Academy, you find that the product is defective, the product may be returned to MECAD Academy. MECAD Academy will be responsible for, in consultation with you:
4.3.1.1. To refund the amount for which the product was purchased in full; or
4.3.1.2. To replace the product.
4.3.2. Due to the nature of training courses as products, it is unlikely that MECAD Academy products are considered to be defective. Ordinary use of training material or handbooks as products should not give rise to any defectiveness.
4.4. Arrangements regarding returns
4.4.1. If you wish to return any product to MECAD Academy within the guidelines of the Terms and Conditions, you must notify MECAD Academy of this by sending an e-mail to enrolment@mecadcademy.co.za or by calling 012 645 4300. MECAD Academy will provide you with a reference number for the return. Any physical product being returned must be sent to MECAD Academy at Rosehip Office Park, 29 Landmarks Avenue, Samrand, Centurion, Gauteng, 0157. You must ensure that the product being returned is packed according to the correct guidelines of the couriers:
4.4.1.1. The product must be protected by the correct packaging material;
4.4.1.2. Where possible, the product must still be in its original packaging; and
4.4.1.3. The reference number for the return must be clearly marked on the package.

5. Digital content
5.1. Online courses, virtual courses and other digital products can be ordered on the website and the same procedure that applies to the order and payment of non-digital products will apply. Once the transaction has been completed and access to the learning platform has been granted, digital content orders cannot be cancelled or refunded. Online courses, virtual courses and other digital product transactions are final.
5.2. Restrictions on online and virtual courses
5.2.1. You will not be able to access the online course content or attend virtual courses without working, stable and strong internet connection that can handle high data volumes or the correct hardware and software.
5.2.2. You will only be able to access digital content via the MECAD Academy learning platform on a device that supports the software.
5.2.3. In order to access digital content or attend virtual courses effectively, you need a set-up that will allow you to view the lecture and do the practical exercises simultaneously.
5.3. Content and behaviour rules
5.3.1. You can only use MECAD Academy for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, course required content and other content you upload in line with our Social House Rules and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
5.3.2. You may not do any of the following while accessing or using the Interactive Sessions:
5.3.2.1. use the Interactive Sessions for any purpose other than to perform the activities as instructed by MECAD Academy;
5.3.2.2. provide web, database, or forum access, or engage in cryptocurrency mining, on or through the Interactive Sessions;
5.3.2.3. exceed the usage limitations;
5.3.2.4. access or use the Interactive Sessions in any commercial production environment;
5.3.2.5. take any action in the Interactive Sessions that results in a disruption or interference of our Services or the stability of our infrastructure; or
5.3.2.6. use any data or information other than simulated, anonymous, non-personal, non-live data or information when accessing or using the Interactive Sessions.
5.3.2.7. These restrictions are in addition to those listed elsewhere in these Terms.

6. Intellectual property
6.1. All content of the website, including all data, text, databases, photographs, graphic works, courses, content and software are subject to copyright protection. Copyright in all material on the website belongs to MECAD or is licensed to MECAD. MECAD’s copyright enjoys protection in South Africa, as well as in other countries of the world. Except for limited and reasonable private use, as stipulated in the Copyright Act 98 of 1978, no material from the website may be reproduced, redistributed or misused without MECAD ‘s permission.
6.2. No copyright is transferred to you with the purchase of any product or access to any content.
6.3. MECAD grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited.
6.4. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a MECAD authorised representative. This also applies to content you can access via any of our APIs.
6.5. Trademarks appearing on the website belong to MECAD, or are licensed to MECAD. In this connection, you should note that the names MECAD Academy, MECAD, MECAD Systems, MECAD Manufacturing, certain titles of courses, certain graphic representations, and certain names are protected as trademarks. Trademarks may not be used without permission.

7. Disclaimer
7.1. Neither MECAD nor any of its agents or representatives will be held responsible for any damage, loss or liability of any kind that may arise from the inability to use this website. At no time can MECAD make any warranty, implied or otherwise, that this website is free of errors and that the service will function 100% correctly without any interruptions or error messages. If you should find any error on the website, please contact MECAD Academy at the following email address: info@mecadacademy.co.za.
7.2. Information, ideas and opinions on this website should not be seen as professional advice or the official opinion of MECAD.
7.3. MECAD will further be indemnified from any claims arising from the use of any website, link, e-book, course or other relevant platforms, including third party links and platforms accessible from this website.

8. Privacy
8.1. It is the intention of MECAD Academy to carry out and fulfil all obligations relating to the protection of personal information.
8.2. You undertake to provide MECAD Academy with the correct information and details, and to notify MECAD Academy in a timely manner of any changes to your personal information.
8.3. MECAD Academy may obtain, use and store your personal information during your use of the website and the services available on it.
8.4. MECAD Academy will take all possible steps to protect your personal information. For the purpose of this clause, “personal information” is defined in accordance with the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013. These Acts can be downloaded from www.justice. gov.za and www.polity.org.za
8.5. MECAD Academy may electronically obtain, store and use the following information from you:
8.5.1. name and surname;
8.5.2. date of birth;
8.5.3. gender;
8.5.4. country where you live;
8.5.5. nearest city;
8.5.6. non-personal search habits and click patterns;
8.5.7. email address;
8.5.8. mobile phone number (if provided by you);
8.5.9. IP address; and
8.5.10. ID number/passport number.
8.6. MECAD Academy may use the information for the following purposes:
8.6.1. to greet you when you land on the website;
8.6.2. subject to your consent thereto, to inform you about matters relating to the access and use of MECAD Academy ‘s website;
8.6.3. subject to your consent thereto, to send you special offers and competitions from MECAD Academy and/or its partners;
8.6.4. to compile non-personal statistics about search habits, click patterns and access to the website;
8.6.5. to verify your identity when you carry out transactions on MECAD Academy’s website;
8.6.6. to ensure that the goods have been received by the addressee; and
8.6.7. to ensure relevant certification with correct details as supplied by the user can be issued.
8.6.8. The above information is either collected electronically through the use of “cookies” or is offered voluntarily by you. You can set the use of “cookies” independently through the settings on your own internet browser. You can also opt out of receiving any communications from MECAD Academy and its partners.
8.7. MECAD Academy may collect, store, compile, control and share information about you subject to MECAD Academy not disclosing your personal information unless:
8.7.1. you agree to it; or
8.7.2. MECAD Academy is obliged to do so by legal processes or rules.
8.8. You are entitled to withdraw your consent to the use and storage of the personal information or to object to the use and storage of your personal information at any stage. This may however impact your access and usage of the MECAD Academy learning platform and content made available via the platform. In such case of consent withdrawal, access to content will be terminated and no refund will be made in accordance with section 12.
8.9. MECAD Academy may compile, use and share any information that does not relate to a specific consumer.
8.10. MECAD owns and retains all rights to non-personal statistics collected and compiled by MECAD Academy.
8.11. You are entitled at any time, after proper proof of identification has been provided to MECAD Academy, to request MECAD Academy to confirm free of charge that MECAD Academy holds personal information about you and to request MECAD Academy to keep a record of the information held as stated in ‘ within a reasonable time, for a prescribed fee (if any), in a format and in a form that is understandable.
8.12. After obtaining the information as stated, you are entitled to request MECAD Academy to correct or remove any information in MECAD Academy’s possession that is incorrect, irrelevant, excessive, outdated, incomplete, misleading or unlawfully obtained.
8.13. You are entitled to lodge a complaint with the Information Regulator in connection with any interference with the protection of your personal information. You are also entitled to bring civil action regarding the interference with the protection of your personal information.
8.14. Also refer to the MECAD Systems Cookie Policy, Privacy Policy and Social Media House Rules that will apply in general to the MECAD Academy website.

9. Applicable law, legislation and regulations
9.1. General
MECAD Academy is subject to the following regulations and legislation:
9.1.1. the Consumer Protection Act 68 of 2008 in relation to any products sold by MECAD Academy through its website; and
9.1.2. the Electronic Communications and Transactions Act 25 of 2002 relating to MECAD Academy’s payment systems and security; and
9.1.3. the Protection of Personal Information Act, 4 of 2013 in relation to personal information obtained through the use of the website; and
9.1.4. the Copyright Act 98 of 1978 in relation to this website and any products sold by MECAD Academy through its website; and
9.1.5. the Trade Marks Act 194 of 1993 in relation to this website and any products sold by MECAD Academy through its website; and
9.1.6. the Constitution 108 of 1996 relating generally.
9.2. Jurisdiction
9.2.1. This website is stored, controlled and operated from the Republic of South Africa and is therefore subject to South African legislation. South African Law will apply to any possible dispute, transaction, or interpretation of these Terms and Conditions.
9.2.2. Parties further consent to the exclusive jurisdiction of the Magistrates Court in Pretoria, Gauteng, South Africa, notwithstanding where a dispute or transaction arises, or where the website is hosted.
9.3. Possible disputes
9.3.1. Any dispute arising from the use of this website must be approached as follows:
9.3.2. You must inform MECAD Academy about it within seven (7) days from the origin of the dispute by sending an e-mail to enrolment@mecadacademy.co.za or by calling 012 645 4300.
9.3.3. If MECAD Academy and you cannot resolve this dispute directly and informally within 30 days after MECAD Academy is notified of the dispute, the dispute will be referred for arbitration, which will be handled by an independent arbitrator, approved by both you and MECAD Academy. If MECAD Academy and you cannot agree on the arbitrator, arbitration will be referred to the Arbitration Foundation of South Africa (AFSA). The outcome of the arbitration shall be deemed final and binding.
9.3.4. However, MECAD Academy and you may agree in writing to refer any dispute to mediation, before any arbitration takes place.

10. Amendments
10.1. MECAD Academy reserves the right, from time to time, without notice to you, to modify the content of this website, including information, products and prices on it, as well as the content of these Terms and Conditions.
10.2. The parties further agree that email communications are sufficient to satisfy the legal requirement to be “in writing”, where written notices of changes from you must be provided in terms of these Terms and Conditions, provided the integrity of your email address is not under suspicion, and not automatically blocked by MECAD Academy’s service providers.