Terms of Use – Gold Rush Refinery Zambia

Welcome to Gold Rush Refinery. By accessing or using our website, services, or resources, you agree to comply with the following detailed terms and conditions, forming a binding legal agreement between you (the "Client" or "User") and Gold Rush Refinery (the "Refinery").

1. Acceptance of Terms

1.1. Agreement: These Terms and Conditions, alongside any specific service agreements, assay reports, or invoices, constitute the entire agreement between the Client and the Refinery. 1.2. Modifications: The Refinery reserves the absolute right to amend, update, or modify these Terms and Conditions at any time without prior specific notification. Continued use of the Refinery's services or website after any such changes constitutes the Client’s acceptance of the new Terms. The current version will always be posted on the Refinery’s official website.

2. Use of Services and Client Obligations

2.1. Description of Services: All services provided by Gold Rush Refinery, including, but not limited to, gold refining, smelting, fire assaying, XRF analysis, bullion production, secure logistics, vaulting, and trading, are subject to these Terms, applicable Zambian laws, and international professional standards (e.g., LBMA guidance, where applicable). 2.2. Lawful Sourcing: The Client warrants and represents that all gold-bearing material, doré, scrap, or bullion submitted to the Refinery has been sourced, mined, transported, and acquired in strict compliance with all applicable local, national (Zambian), and international laws, including anti-money laundering (AML), counter-terrorist financing (CTF), environmental, and labor laws. 2.3. Proof of Ownership and Identity: The Client must provide satisfactory documentation proving legitimate ownership and source of the materials, along with valid identification (KYC – Know Your Customer) and, where required, valid Zambian mining or trading licenses, prior to the commencement of any service. The Refinery reserves the right to refuse service if documentation is deemed incomplete or insufficient. 2.4. Refusal of Service: The Refinery maintains the right to refuse any material deemed hazardous, of suspicious origin, improperly documented, or containing materials that pose an undue risk to the Refinery's personnel, equipment, or reputation. 2.5. Material Submission Accuracy: The Client is responsible for the accurate description and categorization of all materials submitted. The Client acknowledges that the Refinery's Assay Report, conducted by its certified laboratory, will be the sole and final determinant of the metal content and purity, regardless of any prior estimates or testing performed by the Client.

3. Processing, Pricing, and Payout

3.1. Assay Finality: All processing, pricing, and final payment calculations shall be based exclusively on the net pure metal content determined by the official Assay Report issued by the Gold Rush Refinery laboratory after processing the Client’s materials. 3.2. Payout Basis: Payment for refined gold will be calculated based on the net pure weight and the prevailing London Bullion Market Association (LBMA) spot price for gold, or an agreed-upon market index, at a time mutually agreed upon by both parties, typically on the date the assay results are finalized and accepted by the Client. 3.3. Fees and Deductions: The Client agrees to standard fees, including refining charges, handling charges, and any applicable government taxes, royalties, duties, or levies, which shall be deducted directly from the final net payable amount. A detailed fee schedule will be provided upon formal engagement. 3.4. Payment Methods: Payouts will be made via secure bank transfer (in Zambian Kwacha or USD, as agreed) or by issuing gold credit to the Client's metal account, once all required anti-money laundering and banking compliance checks are completed. Cash payouts may be subject to strict legal and regulatory limits. 3.5. Insurance and Risk: The Refinery maintains insurance for materials while they are under its physical control, from the point of receipt and throughout the refining process. Risk of loss passes to the Refinery upon documented handover and back to the Client upon final settlement or collection. The Refinery is not responsible for materials in transit unless the Refinery's secure logistics service has been explicitly contracted.

4. Intellectual Property

4.1. Ownership: All website content, logos, trademarks ("Gold Rush Refinery"), operational procedures, refining methodologies, assay formulas, graphic design, software, and proprietary information are the sole and exclusive intellectual property of Gold Rush Refinery and are protected under international and Zambian intellectual property, copyright, and trademark laws. 4.2. Prohibitions: The Client or User shall not, without the prior express written consent of the Refinery: * Reproduce, duplicate, copy, sell, or exploit any portion of the Refinery’s website or proprietary materials. * Use the Refinery’s trademarks or logo in any manner that implies endorsement or affiliation. * Reverse engineer, decompile, or otherwise attempt to derive the source code or trade secrets of the Refinery’s services or processes.

5. Privacy, Confidentiality, and Data Security

5.1. Confidentiality Obligation: The Refinery commits to strict confidentiality regarding all Client identities, transaction details, volumes, assay results, and financial information ("Confidential Information"). Confidential Information will only be disclosed to employees, affiliates, or third-party service providers (e.g., banks, secure transporters) on a strict "need-to-know" basis to facilitate the contracted services. 5.2. Legal Disclosure: Notwithstanding Section 5.1, the Refinery reserves the right and is obligated to disclose Confidential Information to governmental, regulatory, or judicial authorities (including the Financial Intelligence Centre) if required by Zambian or international law, court order, or formal request related to money laundering, fraud, or other criminal activity. 5.3. Data Security: The Refinery employs commercially reasonable physical, electronic, and managerial procedures to safeguard and secure Client data. However, the Refinery cannot guarantee the absolute security of data transmitted over the internet or public networks.

6. Liability Disclaimer and Indemnification

6.1. Limitation of Liability: Gold Rush Refinery is committed to the highest standards of accuracy and quality. However, the total liability of the Refinery for any claim arising out of or related to these Terms or the provision of services shall be limited to the value of the specific precious metals subject to the dispute, as determined by the Refinery’s final Assay Report. 6.2. Exclusion of Damages: In no event shall Gold Rush Refinery be liable for any indirect, incidental, special, punitive, or consequential losses or damages, including but not limited to loss of profit, loss of business, or loss of data, arising from the use or inability to use the Refinery's website or services. 6.3. Indemnification: The Client agrees to indemnify, defend, and hold harmless Gold Rush Refinery, its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, costs, and expenses (including reasonable legal fees) arising from: * The Client’s breach of the warranties in Section 2.2 (Lawful Sourcing). * Any non-compliance by the Client with applicable laws or regulations. * Any intentional misconduct or gross negligence by the Client.

7. Governing Law and Dispute Resolution

7.1. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Zambia, without regard to its conflict of law principles. 7.2. Jurisdiction: Any legal suit, action, or proceeding arising out of or related to these Terms or the services provided shall be instituted exclusively in the courts of Zambia, and the Client irrevocably submits to the exclusive jurisdiction of such courts. 7.3. Amicable Settlement: Prior to initiating any formal legal action, both parties agree to first attempt to resolve any dispute or claim arising out of or relating to these Terms through good-faith negotiation for a period of not less than thirty (30) days from the date the dispute is formally notified in writing.

8. Miscellaneous Provisions

8.1. Force Majeure: The Refinery shall not be liable for any failure or delay in the performance of its obligations hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, civil unrest, natural disasters, governmental acts, labor strikes, power failure, or extreme market volatility. 8.2. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect. 8.3. Waiver: The failure of the Refinery to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

By engaging with Gold Rush Refinery, the Client acknowledges that they have read, understood, and agree to be bound by these Comprehensive Terms and Conditions.