Terms & Conditions

These Terms and Conditions (the “Terms”) govern your use of the website operated by OZ Golden Rush Pty Ltd (“we,” “our,” or “us”), and apply to all products, sales, services, and transactions, including rentals and pawnbroking services, made available through the website or any associated platforms (the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must cease use of the Services immediately.

We reserve the right to review and change these Terms at our sole discretion by updating this page. Any changes take immediate effect from the date of their publication. Your continued use of the Services constitutes acceptance of the updated Terms.

1. Eligibility and General Use

1.1. Minimum Age: You must be at least 18 years old to use our Services or enter into any transactions, including purchases, rentals, or pawn transactions.

1.2. Accurate Information: You agree to provide accurate, complete, and current information when registering for an account or conducting any transaction.

1.3. Prohibited Conduct: You agree not to misuse the website, interfere with its operation, or engage in any unlawful activity, including posting, transmitting, or linking to defamatory, infringing, or harmful material.

2. Transactions, Sales, and Purchasing of Gold & Silver

2.1. Transaction Commitment:

By initiating any transaction, including purchasing items from us, offering items for sale to us (Gold/Silver), or renting jewelry, you are making a binding offer in accordance with these Terms.

2.2. OZ Golden Rush Purchasing (Buying Gold/Silver Onsite)

(a) Valuation & Location: When you offer to sell us gold or silver, the valuation will be conducted by our representative onsite at your chosen location or as otherwise agreed. The final price offered is non-negotiable once accepted by both parties. You acknowledge that our business operates without a fixed bricks-and-mortar retail location for gold and silver purchasing.

(b) Identity and Title: You warrant that you are the sole legal owner of the items, have the unencumbered right to sell them, and will provide valid photo identification and necessary documentation as required by Australian second-hand dealer and anti-money laundering regulations.

(c) Payment to You: Payment for items purchased by OZ Golden Rush Pty Ltd from you will be made via secure electronic transfer. No cash payments will be made at the onsite location.

2.3. Sales to You (When You Purchase from Us or Rent)

(a) Product Description: All items offered for sale or hire are described as accurately as possible.

(b) Pricing and Payment from You: Prices are stated in Australian Dollars (AUD) and include GST where applicable. Payments for purchases and rentals must be made in full prior to delivery or collection.

(c) Delivery and Risk: Delivery costs, timing, and methods will be communicated at checkout. Risk of loss or damage to items purchased or hired by you passes to you when we dispatch your order from our premises.

3. Rental and Hire Specific Terms (Detailed Liability)

3.1. Rental Period: Products are hired for a specified Rental Period ending on the Rental Return Due Date.

3.2. Late Fees: If you fail to return a Product to us by the Rental Return Due Date, you will be automatically charged Late Fees of $30 per day per Product until the item is received by us.

3.3. Damage and Replacement:

(a) Responsibility & Waiver: You accept full responsibility for the safekeeping of the Products On Hire. We offer a free damage waiver to cover minor damage or staining up to $100.

(b) Repair Costs: If the cost of repair exceeds $100, you will be required to pay the difference, not exceeding the recommended retail price (RRP).

(c) Non-Return: If a Product is not returned within 15 days after the Rental Return Due Date, we will consider the item non-returned and charge your payment method for the full replacement value (150% of the RRP), less any Late Fees already charged. You will then keep the item.

(d) Beyond Repair: You will be liable to pay for the replacement of any Product that is lost, stolen, or damaged beyond reasonable repair (full RRP applies).

3.4. Cancellation: Cancellation of a booking may incur a Cancellation Fee depending on the timing of the cancellation relative to the dispatch date.

4. Pawnbroking Service Specific Terms (Financial and Security Clarity)

4.1. Legal Compliance: All pawn transactions are subject to applicable Australian laws and regulations.

4.2. Loan Terms: Loan amounts, interest rates, fees, and repayment terms will be clearly communicated to you during the transaction.

4.3. Title and Repayment: Items pawned remain the property of OZ Golden Rush Pty Ltd until the loan is repaid in full. Failure to repay loans according to agreed terms may result in the sale or disposal of pawned items in accordance with relevant laws.

4.4. Personal Property Securities Act (PPSA): You acknowledge that these Terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth). You grant us a Security Interest in all hired products, and all items provided as collateral in a pawn transaction, until all related fees and charges are fully paid. You agree to promptly sign any further documents required by us to register a Financing Statement or Financing Change Statement on the Personal Property Securities Register (PPSR).

5. Returns, Refunds, and Consumer Guarantees

5.1. Change of Mind: We generally do not offer refunds for change of mind. Exchanges or store credit may apply, as stated in a separate Returns Policy.

5.2. Australian Consumer Law (ACL): Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (ACL), which cannot be limited or excluded by law.

5.3. Major Failure: If a product or service has a major failure under the ACL, you are entitled to choose between a refund, replacement, or compensation for any drop in value.

5.4. Minor Failure: If a product or service has a minor failure, we may choose to offer a refund, replacement, or a free repair within a reasonable time.

6. Intellectual Property and User Content

6.1. Ownership: The website, its content, and all related products and materials are subject to copyright. All intellectual property rights are owned, registered, and/or licensed by OZ Golden Rush Pty Ltd or its contributors.

6.2. Limited License: We grant you a worldwide, non-exclusive, royalty-free, revocable license to use the website content for your own personal and non-commercial use only.

6.3. Prohibition: You may not broadcast, republish, transmit, distribute, adapt, or change the content or third-party content for any purpose without our prior written permission.

6.4. User Content License: By uploading pictures, reviews, comments, or any other material to our Services, or by tagging OZ Golden Rush Pty Ltd on social media (collectively, “Your Content”), you grant us a perpetual, non-exclusive, royalty-free, irrevocable, transferable, and worldwide license to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, and create derivative works from Your Content for any purpose, including promotion or advertising, without attributing you.

7. Privacy and Indemnity

7.1. Privacy: Your personal information is handled in accordance with our Privacy Policy, which is available on our website and forms part of these Terms.

7.2. Indemnity: You agree to indemnify us, our affiliates, employees, agents, and licensors against all liabilities, costs, expenses, loss, and damage (including legal fees) arising out of or in connection with:

(a) Any breach of these Terms by you.

(b) Your use of the website or Services.

(c) Any direct or indirect consequences of you accessing or transacting on the Services.

8. Limitation of Liability

8.1. General Disclaimer: Use of the website and content is at your own risk. Everything is provided “as is” and “as available” without warranty or condition of any kind, except as required by the ACL.

8.2. Exclusion of Damages: To the maximum extent permitted by law, OZ Golden Rush Pty Ltd is not liable for any special, indirect, incidental, or consequential loss or damage, including loss of profit or opportunity, or damage to goodwill, arising out of or in connection with these Terms or the Services.

8.3. Cap on Liability: Our total liability arising out of or in connection with the Services or these Terms, however arising, will not exceed the purchase price paid by you for the specific goods or services to which the claim relates.

9. Governing Law and Dispute Resolution

9.1. Governing Law: These Terms are governed by the laws of the State of New South Wales, Australia.

9.2. Venue and Jurisdiction: In the event of any dispute, you agree that the exclusive venue for resolving the dispute shall be in the courts of New South Wales, Australia.

9.3. Compulsory Dispute Resolution: If a dispute arises, neither party may commence Tribunal or Court proceedings unless the following process has been complied with:

(a) Notice: A party claiming a dispute must give written Notice to the other party detailing the nature of the dispute.

(b) Negotiation: Within 28 days of the Notice, the parties must endeavour in good faith to resolve the Dispute by negotiation.

(c) Mediation: If unresolved after 28 days, the parties must proceed to mediation. The parties are equally liable for the mediator’s fees.

(d) Termination: If the Dispute has not been resolved within 2 months after the start of mediation, either party may terminate the mediation and proceed to litigation.

9.4. Severance: If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.