OVERVIEW OF TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before accessing or using our website. By accessing or using any part of the site, including all information, tools and services, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services.
These terms and conditions are the contract between you and DCX Bullion (Pty) Ltd (“DCX Bullion”, “us”, “we”, etc.). By visiting or using Our Website, you agree to be bound by them.
We are DCX Bullion, a company registered in South Africa, registration number 2020/797298/07. Our address is Office 9, Featherbrooke Office Park, Krugersdorp, 1746.
All our product prices are reflected in South African Rand (“ZAR”) and we trade and process all transactions in ZAR.
You are: Anyone who uses Our Website.
This website is operated by DCX Bullion. Throughout the site, the terms “we”, “us” and “our” refer to DCX Bullion. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The terms and conditions:
In this agreement:
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
|“Content”||means any content in any form published on Our Website by us or any third party with our consent.|
|“Customised Goods”||means any goods or products that are customised to certain client specifications and that we offer for sale on special request and arrangement between ourselves and the client requesting the Customised Goods, which may or may not be made available through Our Website at any given time. Customised Goods include, but are not limited to, customised bullion coins, bars and medallions, packaging, boxes and containers for bullion products. Customised Goods specifically excludes standard Goods as per the definition below, meaning bullion products offered as part of our product catalogue.|
|“Goods”||means any of the goods or products we offer for sale on Our Website, or, if the context requires, goods we sell to you. Goods include the one ounce Gold or Silver Medallions as per the Monthly Medallion Club Membership products.|
|“Monthly Medallion Club”||means the Membership subscription to purchase one or more one ounce bullion medallions through monthly contributions as set-out in the Monthly Medallion Club (“MMC”) Terms and Conditions policy posted on our Website.|
|“Member”||means, you as the purchasing client and subscription member of the MMC services, as set-out in the Monthly Medallion Club (“MMC”) Terms and Conditions policy posted on our Website.|
|“Membership Package”||means, you as the purchasing client and subscription member of the MMC services, as set-out in the Monthly Medallion Club (“MMC”) Terms and Conditions policy posted on our Website.
means the package option to purchase one or more one ounce Silver or Gold medallions through monthly instalment down-payments, as set-out on our website under the MMC package options, and as updated from time to time, and as regulated in the Monthly Medallion Club (“MMC”) Terms and Conditions policy posted on our Website.
|“Our Website”||means any website of ours, and includes all web pages controlled by us.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
|“Services”||means any services we provide directly or in partnership with contracted service providers to facilitate and support any purchase of the Goods we offer for sale including but not limited to vaulting, insurance and delivery services.|
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity of DCX Bullion, a reference to costs or expenses shall be construed as including the estimated cost of management time of DCX Bullion, such cost calculated at R800 [Eight hundred Rand] per hour.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement and these Terms read together with any policies, including our Cancellation, Return, Refund and Shipping/ Delivery policies and the Monthly Medallion Club Terms and Conditions, or operating rules posted by us on this site or in respect to sale of Goods and the Service, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
3.2. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The contra proferentem rule shall not apply.
3.3. The failure of us to exercise or enforce any right or provision of these Terms, on any indulgence granted to you shall not constitute a waiver of such right or provision.
3.4. Each party acknowledges that, in entering into this agreement, he/she does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.5. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.6. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence, and you have given us your minor dependents permission to use this site.
3.7. You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.8. You must not transmit any worms or viruses or any code of a destructive nature.
3.9. A breach or violation of any of the Terms will result in an immediate termination of our Services.
3.10. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
3.11. We shall not be liable to you or to any third-party for damages that may arise due to any modification, price change, suspension or discontinuation of the Service.
3.12. Because we rely on bullion supply in the market, we do not guarantee that Goods advertised on Our Website are available at time of purchase. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.13. The fluctuation in bullion product pricing due to daily market condition changes, necessitates a live continual update of product pricing which occurs every 15 minutes. Our product pricing is updated live and may be changed by us at any time.
3.14. On order your offered product price will be reflecting in your product check-out cart, it will update every 15 minutes. You will have 45 minutes to conclude the transaction by either paying using Visa or Mastercard debit or credit card payment or via immediate Electronic Funds Transfer (“EFT”) payment to us.
3.15. Only once we have received payment from you for the Goods reflecting in our bank account as per the quoted price is your order completed. Due to bank processes this may take up to 24 hours.
3.16. EFT orders placed via our website without payment received and not reflecting in our bank account within 24 hours, will be cancelled.
3.17. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.18. All Goods purchases are quoted and processed in South African Rands.
3.19. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Products or Services (if applicable)
4.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
4.2. We have made every effort to display as accurately as possible the colours and images of our products as they appear at the store, however we cannot guarantee that the product when delivered will look identical to the online image.
4.3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice to you, at our sole discretion. We reserve the right to discontinue any product at any time.
4.4. While we endeavour to provide the highest level of quality and customer service, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected to your satisfaction.
5. Acceptance of your order
5.1. Your order is an offer to buy from us. We shall provide you with a quote via email and only once we have received payment for the Goods will we accept and conclude your order. Due to the fluctuation in bullion product pricing, only once we have received payment from you for the Goods is our contract made.
5.2. After completed check-out, you will receive an email message confirming details of your purchase and informing you when we shall dispatch your order or providing you with any vaulting details as per our Vaulting and Insurance Agreement with Fidelity Security Group.
5.3. If you are making an EFT payment, the email will provide you with an order number and bank details to make IMMEDIATE payment into, using the order number as a reference.
5.4. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
5.4.1 accept the alternatives we offer; or
5.4.2 cancel all or part of your order.
6. Price and payment
6.1. The price payable for the Goods that you order is clearly set out on Our Website and updated live every 15 minutes.
6.2. Once you complete the check-out the final product price will be displayed on your order and updated in your cart live every 15 minutes, and you can select to make payment or cancel your order. You have 45 minutes to complete your transaction and make payment.
6.3. Your order will be completed on receipt of your payment and the payment reflecting in our bank account. Only 7 days after that point will the Goods be dispatched for delivery or vaulting.
6.4. Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside South Africa, we will refund to you the amount charged as VAT.
6.5. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
6.6. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
6.7. The price of the Goods does not include the delivery and/or vaulting charges which will be charged at the rates applicable at the date you place your order and which will be displayed in your check-out cart before we ask you to pay.
6.8. If we owe you money (for this or any other reason), we will refund you via EFT into your bank account as soon as reasonably practicable but in any event no later than 15 (fifteen) days from the date when we accept that repayment is due.
6.9. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer name, using the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, although we have no obligation to, we shall endeavour to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
6.10. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. Security of your credit card
We take care to make Our Website safe for you to use.
7.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments if applicable, or other transactions which you have initiated.
8. If you buy as a Consumer
This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.
8.1. As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
8.2. You may cancel your order at any time before the expiry of 7 days from the date of placing your order, but not after having received your Goods.
8.3. In the instance of Customised Goods, which include but are not limited to specifically customised designed products, packaging, boxes and containers, you will receive a final sign-off approval request from us, prior to processing your order. You can cancel your order up and until receiving this final sign-off approval request, but not after having signed-off and approved your order. Should you cancel after final sign-off approval by yourself, you are liable for all costs incurred, including but not limited to design and manufacturing costs up and until that point.
8.4. The option to cancel your order is not available once you have received the Goods or your Goods have been delivered to the Vaulting facility in instances where you have selected the Vaulting option.
8.5. All our physical bullion as described in our product catalogues and defined herein under Goods, are of the highest quality as per the specified grade and components reflected on your bullion certificate received by you on purchase of the Goods. The DCX Bullion certificate received with your Goods serves as your warranty for the stipulated grade and quality of the product.
8.6. Should you dispute the quality of the Goods, the onus is on you to proof that the product is substandard. You can submit a formal complaint to firstname.lastname@example.org together with proof of your claim. Which complaint will be treated as a serious legal matter and dealt with by our legal department.
8.7. In the event of cancellation of an order by you in compliance with these terms, we will refund you the Goods at the amount that you paid to us, regardless of any price fluctuations in the price of the Goods, and will apply deductions for any costs incurred up and to that point in procuring the Goods based on your order, including, but not limited to a cancellation administration fee as described in clause 8.8 below.
8.8. On cancelation of order and request for refund, you will be charged a cancellation and administration fee as follows:
8.8.1 On all Goods purchased at a value up to and including R1,000,000.00 (one million rand) you will be charged a cancellation fee of 2,1% of the amount paid by you and an additional R150 flat administration fee.
8.8.2 On all Goods purchased at a value over R1,000,000.00 (one million rand) you will be charged a cancellation fee of 2,1% of the amount paid by you only.
8.8.3 These cancellation and administration fees as set out in clauses 8.8.1 and 8.8.2 above will be deducted from the amount refunded to you and the difference between the amount that you paid and the cancellation and administration fee, and will be paid to you via EFT into your bank account as per the bank account details provided by you.
8.9. In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you as described in clause 8.8.3 above, within 30 days of receipt of your request for cancellation.
8.10. The Monthly Medallion Club Membership termination and applicable process and cancellation fees are set-out in the Monthly Medallion Club Terms and Conditions and Cancellation and Refund Policies posted on our Website.
8.11. This paragraph does not affect your rights in the event that specific Customised Goods are faulty or of a substandard quality.
8.12. You are responsible for the cost of returning the Goods or Customised Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods or Customised Goods.
8.13. If the Goods or Customised Goods you return, show any sign of damage or loss due to your checking, then we shall be entitled to deduct the cost from your refund money.
8.14. In the event of cancellation of an order of Customised Goods by you in compliance with these terms, we will refund any money due to you, deducting the cancellation administration fee as stipulated in clause 8.8 above, and any additional expenses incurred in procuring the Customised Goods according to your order up and until the point of cancellation, as stipulated in clause 8.3 above, within 30 days after receiving the returned Customised Goods.
8.15. Should you return Goods that have clearly been melted, tampered with or modified, distorting the DCX Logo or Imagery on the Goods, we will not accept it us untampered Goods and will not refund the Goods.
9. Delivery and pick up
9.1. Goods and/or Customised Goods requested to be delivered within South Africa are delivered within 21 (twenty-one) days within the Gauteng area, and within 30 days to other areas within South Africa from the day you place an order to purchase the Goods.
9.2. Goods and/or Customised Goods requested to be delivered internationally are subject to freight regulations and costs, and can take between 3 to 6 months to be delivered.
9.3. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.4. If we are not able to deliver your Goods and/or Customised Goods within the stipulated number of days as per clause 9.1 from the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.5. We may deliver the Goods and/or Customised Goods in instalments if they are not all available at the same time for delivery at our cost.
9.6. All Goods and/or Customised Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
9.7. All Goods and/or Customised Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods and/or Customised Goods arrive, it is important that you check immediately the condition and quantity. If your Goods and/or Customised Goods have been damaged or tampered with in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.8. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
9.9. Goods and/or Customised Goods are sent via secure courier services. We will send you a message by email to inform you when we have dispatched your order.
9.10. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.11. Some Goods and/or Customised Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
9.12. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
10. Foreign taxes and duties
10.1. If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
10.2. You are responsible for purchasing Goods and/or Customised Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country and according to any required licenses to do so.
11. Liability for subsequent defects
11.1. This clause is only applicable to any Customised Goods and products other than the standard physical bullion which forms part of our standard product catalogue defined herein as Goods, for instance customised bullion products and / or special gift packaging, boxes or bullion casings.
11.2. We will repair or replace Customised Goods which fail to comply with the provisions of the the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:
11.2.1 the defect must be reported to us within 7 (seven) days after receiving the Customised Goods;
11.2.2 the defect results only from faulty design or manufacture;
11.2.3 you have returned the defective Customised Goods or parts to us if we have so requested.
11.3. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Customised Goods free of charge.
11.4. If we repair or replace the Customised Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12. Customised Goods returned
These provisions apply if you return any Customised Goods as stipulated in clause 11 above to us for any reason:
12.1. We do not accept returns unless there was a defect in the Customised Goods at the time of purchase, or we have agreed in correspondence that you may return them.
12.2. The defect must be reported to us within 7 (seven) days after receiving the Customised Goods
12.3. The Customised Goods must be returned to us as soon as any defect is discovered but not later than within 21 days after receipt of the Customised Goods
12.4. So far as possible, Customised Goods should be returned:
12.4.1 with both Customised Goods and all packaging as far as possible in their original condition;
12.4.2 securely wrapped;
12.4.3 including our delivery slip;
12.4.4 at your risk and cost.
12.5. You must notify us by email message to email@example.com that you would like to return the Customised Goods, specifying exactly what Customised Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Customised Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
12.6. In returning faulty Customised Goods please enclose with it a note clearly stating the fault.
12.7. If we agree that the Customised Goods are faulty, we will:
12.7.1 refund the cost of return carriage;
12.7.2 repair or replace the Customised Goods as we choose.
13. Accuracy, completeness and timeliness of information
13.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
13.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
14. Optional services, products and tools
14.1. We may provide you with access to third-party services, products or tools over which we neither monitor nor have any control nor input.
14.2. You acknowledge and agree that we provide access to such services, products and/or tools ”as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any optional third-party services, products and/or tools.
14.3. Any use by you of optional services, products and/or tools offered through the site is entirely at your own risk and discretion. As such it is your responsibility to ensure that you are familiar with and approve of the terms on which such services, products and/or tools are provided by the relevant third-party provider(s).
14.4. We may offer new services and/or features through the website (including, the release of new services, products, tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions and all other policies referred to herein.
14.5. Certain content, products and services available via our Service may include materials from third-parties.
14.6. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
14.7. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to carefully review any and all third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to us.
15.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
15.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
15.3. We make no representation or warranty for:
15.3.1 any implied warranty or condition as to merchantability or fitness of the Goods and / or Customised Goods for a particular purpose;
15.3.2 the correspondence of the Goods and / or Customised Goods with any description;
15.3.3 the adequacy or appropriateness of the Goods and / or Customised Goods for your purpose.
15.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
15.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
15.6. We make no representation or warranty and accept no responsibility in law for:
15.6.1 accuracy of any Content or the impression or effect it gives;
15.6.2 delivery of Content, material or any message;
15.6.3 privacy of any transmission;
15.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
15.6.5 any aspect or characteristic of any goods or services advertised on Our Website;
15.7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
15.8. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
15.9. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15.10. We shall not assume any liability for any inconvenience caused or any expenses or damages incurred due to an error or inaccuracy on the site.
15.11. You can review the most current version of the Terms and Conditions at any time at this page.
15.12. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
15.13. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
15.14. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods and / or Customised Goods concerned. This applies whether your case is based on contract, tort or any other basis in law.
15.15. Although we shall use our best efforts to ensure service of the highest quality, we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Nor do we warrant that the results that may be obtained from the use of the service will be accurate or reliable.
15.16. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
15.17. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
15.18. In no instance shall DCX Bullion, our subsidiaries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers , licensors, or any other person or entity affiliated with us, be liable for any injury, loss, claim, legal expense, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, class action (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow for the exclusion or the limitation of liability for consequential or incidental damages, our liability, in such jurisdictions, shall be limited to the maximum extent permitted by law.
15.19. For the avoidance of doubt, you agree to indemnify, defend and hold harmless DCX Bullion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15.20. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
15.21. If you become aware of any breach of any term of this agreement by any person, please inform us via email to firstname.lastname@example.org. We welcome your input but do not guarantee to agree with your judgement.
15.22. Nothing in this agreement excludes liability for a party’s fraud.
16. Your account and engagement with us
16.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information, amongst other requirements, for FICA purposes, to provide you with the Goods and/or Customised Goods.
16.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
16.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
16.4. You agree to accept responsibility for all activities that occur under your name or in instances where you are acting within your capacity as authorised proxy for a legal entity. You should tell us immediately if you believe some person has made any purchases under your name or with your debit or credit cards.
16.5. You understand that your encrypted content (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
16.6. In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on inter alia gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
17.1. be malicious or defamatory;
17.2. consist in commercial audio, video or music files;
17.3. be illegal, obscene, offensive, threatening or violent;
17.4. be sexually explicit or pornographic;
17.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
17.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
17.7. solicit passwords or personal information from anyone;
17.8. be used to sell any goods or services or for any other commercial use;
17.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
17.10. link to any of the material specified above, in this paragraph.
17.11. send age-inappropriate communications or Content to anyone under the age of 18.
18. Your Posting: restricted content
18.1. In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
18.2. In addition to the restrictions set out above, a Posting must not contain:
18.2.1 hyperlinks, other than those specifically authorised by us;
18.2.2 keywords or words repeated, which are irrelevant to the Content Posted.
18.2.3 the name, logo or trademark of any organisation other than yours.
18.2.4 inaccurate, false, or misleading information.
18.3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or any content that violates any party’s intellectual property or these Terms and Conditions.
18.4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the site, or any related website.
18.5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
19. How we handle your Content
19.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
19.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
19.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
19.6. You agree to waive of your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
19.7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
19.8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
19.9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
19.10. Please notify us of any security breach or unauthorised use of your account.
19.11. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at clause 19.6 above.
20. Removal of offensive Content
20.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
20.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
20.3. If you are offended by any Content, the following procedure applies:
20.3.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
20.3.2 we shall remove the offending Content as soon as we are reasonably able;
20.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
20.4. We may re-instate the Content about which you have complained or not.
20.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
20.6. You now agree that if any complaint is made by you frivolously or vexatious you will repay us the cost of our investigation including legal fees, if any.
21. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
21.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
21.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
21.3. download any part of Our Website, without our express written consent;
21.4. collect or use any product listings, descriptions, or prices;
21.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
21.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
21.7. share with a third party any login credentials to Our Website.
21.8. Despite the above terms, we now grant a licence to you to:
21.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
21.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
22.1. your failure to comply with the law of any country;
22.2. your breach of this agreement;
22.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
22.4. a contractual claim arising from your use of the Goods;
22.5. a breach of the intellectual property rights of any person.
23. Intellectual Property
23.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, icons, images, sounds, audio clips, digital downloads, data, software, artwork and code including but not limited to the design, structure, selection, and arrangement of such content is owned, controlled, or licensed by or to DCX Bullion (Pty) Ltd, and is protected by copyright and trademark laws, as well as any other applicable intellectual property laws.
23.2. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in the formats listed in clause 24.1).
23.3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
23.4. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person, unless with prior written consent from us.
23.5. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
24. Miscellaneous matters
24.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
24.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
24.3. In the event that any provision of these Terms and Conditions and agreement is at any time held by any jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this agreement and these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions, or these terms as a whole.
24.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
24.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
24.6. Any communication to be served on either party by the other shall be delivered by hand or sent by fast-mail service or recorded delivery or by e-mail.
|It shall be deemed to have been delivered:|
|if delivered by hand: on the day of delivery;|
|if sent by post to the correct address: within 72 hours of posting;|
|If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.|
24.7. No orders for Goods and / or Customised Goods via Our Website shall be deemed placed, if not through the automated order process provided on Our Website. Orders placed via email and outside the automated process on Our Website are deemed invalid.
24.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
24.9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
24.10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
24.11. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
25. Governing Law
25.1. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from or in connection with this agreement and these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
25.2. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.
DCX Bullion shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal
information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
27. PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the DCX Bullion bank account, the
details of which will be provided on request.
28. CARD ACQUIRING AND SECURITY
Card transactions will be acquired for DCX Bullion via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on
the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
29. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by DCX Bullion separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za.
30. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
31. Contact information
Questions about these Terms and Conditions can be sent to us at email@example.com