These Terms and Conditions applicable to the Goldenmarc Website (‘terms and conditions’) are applicable. By accessing and/or using the Website you agree to be bound by Goldenmarc’s terms and conditions at all material times in your personal and/or representative capacity.
All registrations are subject to approval and vetting.
INFORMATION REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT N0. 25 OF 2002
- Web address: goldenmarc.co.za (the ‘Website’)
- The Website is owned and operated by Goldenmarc (Pty) Ltd (‘Goldenmarc’)
- The main function of the Website is to provide an online platform whereby:
- Existing Goldenmarc customers can register and use the Website to place orders to purchase Goldenmarc’s range of products which are displayed on the Website; or
- Prospective customers can apply to Goldenmarc in order to become customers and then place orders to purchase Goldenmarc’s range of products which are displayed on the Website.
- Principle place of business: 2nd Floor Euro Centre, 363 Rivonia Boulevard, Rivonia, Johannesburg, South Africa.
- Terms and conditions are accessible on the website and are available upon written request;
- Users may access a record of their transactions on the Website or upon request.
- It is recorded that Goldenmarc is a wholesale supplier which supplies retailers only and not directly to the general public.
WEBSITE TERMS AND CONDITIONS
By using the Website, you agree to be bound by Goldenmarc’s terms and conditions at all material times.
- “Agreement” shall mean the Agreement set out in this document namely the terms and conditions of the Goldenmarc
- “Communication” shall mean any communication by means of electronic transmission, including by website notice, telephone, fax, SMS, wireless computer access, email, mobile Application, USSD or similar technology or device;
- “Intellectual Property Rights” shall mean any intellectual property right recognised by law including but not limited to: technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
- “Goldenmarc” shall mean GOLDENMARC (PTY) LTD (registration number 2014/144222/07), a private company duly registered and incorporated according to the company laws of the Republic of South Africa with its principal place of business stipulated in the manual.
- “Product” shall mean goods sold or marketed by Goldenmarc.
- “User” shall mean any person who enters the website. By using the Website a User warrants that he/she is authorised to accept this Agreement and that he/she is 18 (eighteen) years of age or older, failing which the Website may only be used with a legal guardian, who accepts these terms and conditions.
- When a User visits the website or sends communications to Goldenmarc, he or she consents to receiving communications from Goldenmarc.
- Users agree that any agreements or correspondence sent by Goldenmarc satisfies the legal requirements, inter alia the requirement that certain communications should be reduced to writing and/or signed.
- Registration on the Website is compulsory for Users who wish to purchase Products through the Website.
- Should any of the User’s details or registration information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your information.
DURATION AND COMMENCEMENT OF THIS AGREEMENT
- The terms and conditions of this Agreement are applicable to Users from the moment that they access the Website,
- The terms and conditions that require registration, shall endure indefinitely until terminated by Goldenmarc.
- Goldenmarc shall vet all Users who register on the Website and reserves its sole discretion in activating User’s registrations, which may be denied for any reason.
- Goldenmarc does not remove registered user accounts from its systems, however a User may request to have his/her account suspended and it will no longer be able to be used again.
- Goldenmarc is committed to protecting any personal information that you may provide to it.
- While using this website, information about the User may be either collected by Goldenmarc or its representatives. Such information will become the property of Goldenmarc.
- Goldenmarc or its representatives may use this personal information to provide Users with information regarding Goldenmarc’s Products, services, offerings, promotions or events from time to time and generally for the purposes of facilitating the marketing, sales, purchase and sale of Products.
- Goldenmarc will not release User information or data to any organization other than those that are actively involved in the supply of the Products in terms of this Agreement.
- The User may request that Goldenmarc or its representatives cease sending them information or request that the User’s personal information be removed from the database or mailing list at any time by e-mailing the following address: firstname.lastname@example.org
- Goldenmarc and its representatives are not responsible for and give no warranties or representations in respect of the privacy policies or practices of any inter alia: third party and/or linked websites and/or linked application.
- The User may request access to any personal information concerning itself which Goldenmarc holds. However Goldenmarc will not provide third parties with any personal information unless required to do so by law. Goldenmarc may however provide information to its affiliates and/or holding company and/or subsidiaries and/or to entities within the Goldenmarc group of companies.
- The time periods for which the Goldenmarc will keep the User’s information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring Goldenmarc to keep the User’s information, however, Goldenmarc will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
USE OF INFORMATION
- This Website is operated and controlled by Goldenmarc and / or its nominees. The information from this Website is protected by copyright and other proprietary rights laws. No information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of an authorised representative of Goldenmarc or the manufacturer and/or wholesaler and/or agent and/or supplier of such product or service, as the case may be. Goldenmarc and / or its affiliates retain all intellectual property rights in the Products, as the case may be.
- Any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement, may result in the immediate termination of this Agreement by Goldenmarc and Goldenmarc reserves the right to seek civil damages or press criminal charges, as it sees fit, without limiting any of its rights.
- The User is not granted a license or any other right including without limitation under any Intellectual Property Rights in or to the content of this website.
- Goldenmarc expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and / or restrict access to the Website or any of its content for whatever reason and at any time (with or without providing notice).
- The User hereby ratifies, guarantees and agrees to be liable in its personal and/or representative capacity for any and all obligations entered into or assumed by others who use the information, content or services through its account or with its registration details.
- Should any party be of the belief that content on the Goldenmarc website is in violation of any Intellectual Property Rights (“violation”), such violation must be reported to Goldenmarc in order that Goldenmarc is able to assess the situation, contact all relevant parties and take the measures it deems to be appropriate in the circumstances. In order to assess the situation, Goldenmarc requires that the following be sent to it:
- Identification of the alleged violation,
- Contact details of the reporter of the violation in the form of telephone number, email address and full name,
- Proof of Intellectual Property Rights,
- Should the reporter not be the owner of the Intellectual Property Right, we require authorization of such reporter’s right to report the violation to us.
- Should the aforesaid information requested above not be provided, Goldenmarc is under no obligation to take any action.
- Goldenmarc will allow representations to be made in defense of allegations made regarding violations, and reserves the right to make decisions based on the information it receives from the relevant parties.
- Any parties who inter alia repeatedly violate Goldenmarc’s policies (as may as amended from time to time) and the Intellectual Property Rights may be suspended from using the Goldenmarc website permanently.
- The User acknowledges that registration on the Goldenmarc website will be strictly for the purposes of accessing Products supplied by vendors on the Goldenmarc website with a view to purchasing Products online through the Website.
- The User undertakes that its log-in and password will not be disclosed to third parties and will be used solely for personal use, and that the User will take the necessary precaution of keeping such information safe.
- Goldenmarc shall not be liable for any security breaches occurring on the Website whatsoever, including by virtue of the negligence of Goldenmarc.
- Goldenmarc shall not be liable for any security breaches resulting in a lack of virus protection, malware, keylogger or spyware, that any User may have inadvertently installed on their device, or which may automatically install on the User’s device.
- It is the duty of all Users to ensure that their hardware and software is secure from threats which are found on the internet and that they back up their data regularly. Goldenmarc shall not be liable for any failure to attend to the aforementioned.
- Upon registration to use the website, Users will receive confirmation via email.
- Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and Goldenmarc reserves its rights to both institute criminal proceedings against such persona and its employer and/or claim damages for any losses or damages it incurs from such person and/or its employer.
- Goldenmarc shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of Website content by the User or any third party who obtained any content from the User.
- Any User who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Administrator and its affiliates, agents and/or partners
- The User agrees that, once the correct username and password relating to its account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of such order.
- The User agrees to notify Goldenmarc immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of its username and password and to take steps to mitigate any resultant loss or harm.
- The User may not:
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of this Agreement;
- decompile, disassemble, hack, abuse or reverse engineer any portion of the Website;
- write and/or develop any derivative of the website or any other software Program based on the Website;
- provide access to any third party;
- remove any identification, trademark, copyright or other notices from the Website;
- use the Website for any reason other than what Goldenmarc intended it to be used for;
- post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
- Save for application of the terms and conditions herein, Goldenmarc shall not be responsible to guide or supervise the User whatsoever, the User is a completely independent party and at no stage shall the User be regarded to be an agent or employee of Goldenmarc and may not represent any relationship of agency or employment.
- The User is access the Website using their own connectivity with access to the internet. Any charges or costs incurred are the sole responsibility of the User.
LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
- Goldenmarc may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Goldenmarc does not endorse, nor does the inclusion of any link imply Goldenmarc endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
- While Goldenmarc tries to provide links only to reputable websites or online partners, Goldenmarc cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Goldenmarc. Goldenmarc is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
- The User agrees that the Administrator shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that the User may have with any linked websites, including advertisers, found on the Website are solely between the User and the third party website.
- Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the use of any information contained on this site is at the User’s own risk, and Goldenmarc and its affiliates accepts no liability for the use of and / or reliance upon and / or inability to use any information of this site, nor shall they be liable in any manner for any losses or damages of any nature resulting from the direct or indirect use of and/or reliance upon the information contained on the website or websites linked to the website.
- All products or services purchased through the Goldenmarc website are purchased by Users entirely at their own risk, and the risk of loss, harm or damage shall not be borne by Goldenmarc, or its representatives to such User whatsoever.
- It is the User’s responsibility to ensure that their software or hardware, as the case may be, is compatible with the Website.
- Should Users purchase Products on the Website, and are unable to sell same to their customers such, Goldenmarc will not be held liable and has no duty to refund the User.
- Returns are subject to Goldenmarc’s returns policy.
- Communications expressed on this site should not be regarded as the opinion or view of Goldenmarc and Goldenmarc will accept no liability resulting there from.
- Goldenmarc, will accept no responsibility for losses or damages resulting from the reliance on information on the Website, and Users should always seek professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
- The Website is supplied in the form preferred by Goldenmarc and is not catered per the requirements of an individual.
- Regarding any hyperlinks provided on the Website, Goldenmarc does not necessarily agree with the content thereof and accepts no liability incurred from the use of such hyperlinks.
- Users agree to indemnify and hold harmless Goldenmarc, its officers, directors, employees, partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that the User has used the Website in violation of another party’s rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the User’s use of the Website.
- Website Cookies: when entering the website, information such as user preference and activity may be stored and used by Goldenmarc to improve the website’s functionality. Cookies may be disabled by Users.
RISK, LIMITATION OF LIABILITY AND INDEMNITY
- Goldenmarc shall not be liable, and the User hereby waives any claim, for any direct or indirect loss or damage (including consequential or incidental harm) caused due to the Website (or any content thereon) not being operational, accessible or fully functional for any period of time for any reason whatsoever.
- Use of the Website and the information contained thereon is at the sole risk of the User or prospective user.
- Transmission of information via the Website or the internet at large is subject to various risks, both in and out of the Goldenmarc’s control. Each User expressly accepts the risks associated with transacting or accessing the Website and/or internet.
- The User irrevocably and unconditionally indemnifies the Goldenmarc and holds Goldenmarc free from any loss, damages or claims suffered of any nature which may result as a result of the use of the Website or any interruption of the Website
- Goldenmarc makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. The User expressly waives and renounces all rights of whatever nature that it may have against the Goldenmarc for any loss or damages as a result of incorrect, incomplete or inaccurate information provided on the Website.
- Users agree to indemnify and hold harmless Goldenmarc, its officers, directors, employees, partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that the User has used the Website in violation of another party’s rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the User’s use of Website.
- Goldenmarc does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Goldenmarc expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
- Whilst Goldenmarc has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system;
- Goldenmarc may use the services of third parties to provide information on the Website. The Administrator has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The User agrees that such information is provided “as is” and that Goldenmarc and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
- The User hereby unconditionally and irrevocably indemnifies the Goldenmarc and agrees to hold Goldenmarc free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Administrator or instituted against the Administrator as a direct or indirect result of:
- software, programs and support services supplied by, obtained by or modified by the User or any third party without the consent or knowledge of Goldenmarc;
- The User’s failure to comply with any of the terms or any other requirements which Goldenmarc may impose from time to time;
- By subscribing as a User, the User agrees that he/she shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the services or Products offered by Goldenmarc. The User shall notify Goldenmarc should the User discover any loss or unauthorised disclosure of information.
- Any information or material sent to Goldenmarc will be deemed not to be confidential, unless otherwise agreed in writing by the User and Goldenmarc.
COMPLIANCE WITH LAWS
- The User is responsible to comply with all laws, statues, ordinances and regulations pertaining to use of and access to the Website.
- This Website is controlled, operated and administered by the Goldenmarc from its offices within the Republic of South Africa. Goldenmarc makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
INTELLECTUAL PROPERTY RIGHTS
- All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, the Goldenmarc and as such are protected from infringement by local and international legislation and treaties.
- Goldenmarc may reproduce, repost, quote, distribute or make use of any comments or communication or media posted onto the Website by any User.
- Except with Goldenmarc’s express written permission, no proprietary material from the Website may be copied or retransmitted.
- Irrespective of the existence of copyright, the User acknowledges that Goldenmarc is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the User has no right, title or interest in any such material.
- Although Goldenmarc will try its best to ensure that prices are displayed correctly, some items may be inadvertently mispriced.
- Should a Product be mispriced, Goldenmarc reserves its right to amend incorrect pricing without notice and shall not be liable for any losses/damages incurred by any other party who may have relied on the information displayed on the Website.
- Should a Product be ordered, and it has been mispriced, Goldenmarc may contact the User prior to dispatch and advise of the correct price. The User then has the option to:
- Cancel the purchase order,
- Purchase at the amended, correct, price.
- Prices may vary without notice.
- Any prices displayed on the Website or placed in the shopping basket may be subject to change, update or variation by Goldenmarc without notice.
- Prices quoted:
- Exclude VAT (unless stated otherwise),
- Do not include delivery charges which will be levied,
- Do not include any taxes or duties which may be imposed on purchase of the Product.
- The User is guided through the ordering process, which commences when a User selects a Product and quantity thereof. The item is then placed into an online shopping basket.
- The User then agrees to Goldenmarc’s terms of sale, applicable credit application, and any other ancillary documentation or agreements that may be required by Goldenmarc in addition to these terms and conditions.
- The User must stipulate the address of delivery and make payment.
- Goldenmarc relies solely on the User’s input and does not verify the correctness of the User’s information provided.
- Once the order is complete, a confirmation is sent and Goldenmarc will deliver the Products in terms of these terms and conditions.
- Payments are made in terms of Goldenmarc’s existing payment terms as are applicable or any amendments thereto.
- Although risk of the Products transfers to the User upon delivery, ownership shall vest in Goldenmarc until it has been paid in full.
USE OF PRODUCTS PURCHASED ON THE WEBSITE
- The Goldenmarc Website is merely a gateway through which the Products can be purchased online from Goldenmarc. All persons using Products purchased on the Website do so at their own risk and is fully responsible for acquainting themselves with the applicable warnings and/or instructions.
- Goldenmarc does not warrant that Products purchased through the Website are suitable for the end-user’s needs.
EXCHANGES, RETURNS AND REFUNDS
- Goldenmarc shall not be liable, and the User hereby waives any claim, for the remission and / or refund of any payment due to the site not being operational for any period of time.
- Goldenmarc’s prevailing exchange, returns and refunds policies shall be applicable between Goldenmarc and the User which may be amended by Goldenmarc from time to time.
- Returning incorrect products or products which were delivered by mistake:
- Goldenmarc must be notified within 2 (two) days and will arrange collection and delivery of the correct Product;
- The Product must be left with its original packaging intact.
- Goldenmarc will honour the manufacturer and/or wholesaler and/or agent and/or supplier warrantee, should same be applicable, and return or replace the Product in terms thereof.
Goldenmarc endeavors to adhere to delivery by the agreed delivery date set out in the applicable purchaser order documentation and related documentation or in accordance the relevant agreement applicable, however it must be noted:
- Goldenmarc cannot be held liable for losses/damages caused by late deliveries;
- Goldenmarc can unfortunately never guarantee that deliveries will be on time;
- Goldenmarc will endeavor to notify the User if it expects late delivery should it become aware that delivery will be late.
- Delivery times may vary depending on location.
Except as explicitly stated otherwise, any notices shall be given by email to email@example.com or to the e-mail address the User provided to Goldenmarc, or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Goldenmarc may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Goldenmarc. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. The User acknowledges that all agreements, notices or other communication required to be given in terms of the law or these terms and conditions may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
Goldenmarc chooses its domicilium citandi et executandi for all notices, correspondence or court process at:
Physical address: 2nd Floor Euro Centre, 363 Rivonia Boulevard, Rivonia, Johannesburg South Africa.
Email address: firstname.lastname@example.org
The User chooses its domicilium citandi et executandi as the email address It registers with.
JURISDICTION AND GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, notwithstanding the location that the User accesses or uses the website from.
- Goldenmarc shall nevertheless have the right to institute proceedings in any other competent court which may otherwise have jurisdiction should it choose.
- For the purposes of any legal proceedings herein, the User consents to the jurisdiction of the Magistrates Court otherwise having jurisdiction, under section 28 of the Magistrates Court Act 32 of 1944 as amended, notwithstanding that such proceedings are otherwise beyond the jurisdiction. This clause shall be deemed to constitute the required consent conferring jurisdiction on the said court pursuant to section 45 of the Magistrates Court Act 32 of 1944. Should Goldenmarc choose, it may institute action in any other competent court including the High Court of South Africa.
This Agreement (together with the policies of Goldenmarc, credit application and agreement a/or amendments thereto and terms of sale and/or amendments thereto, other ancillary documentation, the terms of any purchase order together with product manufacture warrantees, as the case may be) constitutes the entire Agreement between Goldenmarc and the User with regard to the use of the content and this website. In the event that the User wishes to register on the Goldenmarc website, the terms and conditions of registration and granting of, together with these terms and conditions will constitute the entire Agreement between the Goldenmarc and the User with regard to the use of the content and this website.
If any provision of this Agreement is held to be invalid or unenforceable or contrary to any law for any reason, that provision is fully severable from the remaining provisions of this Agreement. Such invalid or unenforceable parts shall be considered pro non scripto.
- Goldenmarc reserves the right to amend its website and/or this Agreement or any part(s) thereof. This includes addition and removal of any of the terms and conditions of this Agreement and the features of the website.
- Any failure to act by the Goldenmarc or any relaxation of the terms of this Agreement shall not be construed as a waiver or novation of the Goldenmarc’s rights.
- Goldenmarc may modify its terms and conditions at any time. Modifications will be provided by notice via email to registered Users or by publishing the changes on the Website. Nevertheless it is the User’s duty to acquaint itself with the contents of the website’s terms and conditions and be aware that same may change from time to time at the discretion of Goldenmarc.
- The User may not cede or assign its rights in terms of this Agreement without the prior written consent of Goldenmarc, which may be withheld.
- Goldenmarc may record any correspondence with Users (whether telephonic, electronic or otherwise) but has full discretion whether to store such recordings.
- Goldenmarc does not guarantee continuous, uninterrupted or secure access to the Website, as operation of the Website may be interfered with as a result of a number of factors which are outside of Goldenmarc control.
- Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
- If you do not understand any of the terms and conditions of Goldenmarc, you are encouraged to contact us and we will gladly be of assistance.