Terms

Effective Date: 10 February 2025

1. Introduction

These Terms and Conditions govern the use of the Goldrush Malvern website (https://goldrushmalvern.co.za/), including all content, services, and transactions conducted through the platform. By accessing or using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must discontinue use of the website.

Goldrush Malvern reserves the right to modify or update these Terms at any time. Users are responsible for regularly reviewing this document to stay informed of any changes. Continued use of the website after modifications constitutes acceptance of the revised Terms.

For any inquiries, please contact:
📧 Email: [email protected]
đź“ž Phone: 031 828 4100
đź“Ť Address: 5 Purity Ln, Malvern, Queensburgh, 4055, South Africa

2. Definitions

For the purposes of these Terms:

  • “Website” refers to https://goldrushmalvern.co.za/ and all associated pages, content, and services.
  • “User” refers to any individual, visitor, or entity accessing the Website.
  • “Services” include all products, digital content, information, and tools made available through the Website.
  • “Personal Information” refers to any data collected in accordance with Protection of Personal Information Act (POPIA), such as names, email addresses, phone numbers, and payment details.
  • “Account” refers to a registered user profile used for accessing services.
  • “Third-Party Services” refer to external websites, applications, or integrations linked to Goldrush Malvern, for which we bear no responsibility.
  • “Agreement” refers to these Terms and Conditions and any incorporated policies.

3. Compliance with Applicable Laws

Goldrush Malvern operates in accordance with South African laws, including but not limited to:

  • Protection of Personal Information Act (POPIA) – Governing the collection and use of personal data.
  • Consumer Protection Act (CPA) – Protecting consumer rights in transactions.
  • Electronic Communications and Transactions Act (ECTA) – Regulating digital contracts and online transactions.

Users confirm that they are aware of and agree to abide by these laws while using the website.

4. Privacy and Data Protection

All personal information collected is processed in compliance with POPIA. By using the website, you consent to the collection, storage, and processing of your data as outlined in our Privacy Policy.

4.1 Collection of Personal Data

We may collect data through:

  • Direct interactions (e.g., account registration, purchases, or customer inquiries).
  • Automated tracking technologies (e.g., cookies and analytics tools).
  • Third-party integrations (e.g., payment processors and marketing platforms).

4.2 Purpose of Data Collection

Your personal information may be used for:

  • Processing transactions and fulfilling orders.
  • Providing customer support and service updates.
  • Enhancing website functionality and user experience.
  • Sending marketing communications (with the option to opt out).
  • Legal compliance and fraud prevention.

Goldrush Malvern does not sell or rent personal data to third parties.

4.3 User Rights Under POPIA

Users have the right to:

  • Access, correct, or delete their personal data.
  • Withdraw consent for data processing at any time.
  • Object to the use of their data for direct marketing.
  • Lodge complaints with the Information Regulator of South Africa.

To exercise these rights, contact [email protected].

5. Acceptable Use of the Website

Users agree not to:

  • Use the website for unlawful, fraudulent, or malicious activities.
  • Attempt to gain unauthorized access to systems or data.
  • Introduce harmful code (e.g., malware, viruses).
  • Scrape, mine, or harvest data without prior consent.
  • Post defamatory, offensive, or misleading content.
  • Reverse-engineer or modify website code.
  • Exploit the website for unauthorized commercial purposes.

Violations may result in account suspension, restricted access, or legal action.

6. Intellectual Property Rights

All content on the website—including text, images, logos, software, and trademarks—is the exclusive property of Goldrush Malvern or its licensors. Users are prohibited from:

  • Copying, reproducing, or modifying website content without authorization.
  • Removing copyright or trademark notices.
  • Embedding or mirroring website content without permission.

Limited personal use of website content is permitted, provided that proprietary notices remain intact.

7. Transactions and Payments

All transactions conducted through the website are subject to the following terms:

  • Order Confirmation: Orders are binding upon successful payment processing.
  • Pricing & Availability: Goldrush Malvern reserves the right to adjust prices and availability without prior notice.
  • Fraud Prevention: Orders suspected of fraud may be canceled without notice.
  • Payment Security: Payments are processed through secure third-party platforms.

Refunds and returns are governed by our Refund and Return Policy.

8. Consumer Protection and Refund Policy

8.1 Consumer Rights Under the CPA

Users have the right to:

  • Transparent pricing and accurate product descriptions.
  • Refunds or exchanges for defective products.
  • Cancel transactions within five (5) business days if initiated through direct marketing.

8.2 Return & Refund Conditions

Customers may request a return within 7 days, subject to the following:

  • Items must be unused and in original packaging.
  • Proof of purchase is required.
  • Refunds will be processed within 14 days of receiving returned items.

Non-refundable items include perishable goods, personalized products, and digital downloads.

For further details, contact [email protected].

9. Limitation of Liability

Goldrush Malvern is not liable for:

  • Service interruptions, data loss, or system errors.
  • User decisions based on website content.
  • Third-party website links or services.
  • Indirect or consequential damages resulting from website use.

Where permitted by law, Goldrush Malvern’s total liability is limited to the amount paid by the user for the relevant product or service.

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms are governed by the laws of South Africa.

10.2 Jurisdiction

All disputes will be resolved in South African courts, unless alternative dispute resolution is agreed upon.

10.3 Mediation & Arbitration

Where feasible, disputes may be settled through mediation or arbitration as per Arbitration Foundation of Southern Africa (AFSA) rules.

11. Service Availability and Modifications

Goldrush Malvern does not guarantee uninterrupted access to the website. Temporary disruptions may occur due to:

  • Scheduled maintenance.
  • Technical failures beyond our control.
  • Force majeure events (e.g., natural disasters, strikes, cyberattacks).

Goldrush Malvern reserves the right to modify, suspend, or discontinue any part of the website without prior notice.

12. Amendments to Terms and Conditions

Goldrush Malvern may update these Terms at any time. Significant changes will be communicated via:

  • Website notifications.
  • Email alerts (for registered users).

Users are encouraged to review the Terms periodically. Continued use of the website after updates constitutes acceptance of the revised Terms.

13. Contact Information

For inquiries, complaints, or legal concerns, contact:

📧 Email: [email protected]
đź“ž Phone: 031 828 4100
đź“Ť Address: 5 Purity Ln, Malvern, Queensburgh, 4055, South Africa

For formal complaints regarding data privacy, users may also contact the Information Regulator of South Africa at https://inforegulator.org.za/.

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