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TERMS AND CONDITIONS

Latest version is of May 01, 2022

These Terms and Conditions (hereinafter - "Terms and Conditions") apply to the website located at goldrushservices.com (hereafter, the "Website"), its affiliates and subsidiaries, including the Company’s Website around the world. These Terms and Conditions govern the use of all pages on this Website and any services provided by or on this Website (hereinafter - "Services").

There is only one version of these Terms and Conditions. These Terms and Conditions may be published in a number of languages, reflecting the same principles, for information purposes and to help User. It is however only the English version that is the legal basis of the relationship between you as User and Website. In case of any discrepancy between the English version and the non-English version of these Terms and Conditions, the English version shall prevail.

These Terms and Conditions constitute a legally binding agreement between the Website`s Users and govern your use of the Website. Please read these Terms and Conditions carefully.

You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

It is your responsibility to check these Terms and Conditions periodically for changes. It is also recommended to review these Terms and Conditions each time you use the Website.

Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

These Terms and Conditions become applicable when you register and confirm your registration details in the registration process at the Website.

By registering and by using an account with Website, you agree that you have read these Terms and Conditions and accept them. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

Definitions:

The Company, as is the creator and operator of the Website, makes the Website, and certain Services on it, available to the Users.

The Website`s user as “you”, “your”, “yours”, or as “the User” or “ the Client”.

Collectively, the parties to this Agreement (the Company and the User) will be referred to as Parties.

License

Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company materials (this materials may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services) solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

To use this Website You confirm that you are 18 years old or of legal age in Your country/state to which You are entitled to enter into independent contracts if that age is more or less than 18 years for Your country/state. Persons who are under 18 or under the legal age ("Minors"), which allows separate contract are forbidden to use the Website.

Intellectual Property

You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. Including but not limited to, you agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

All content on the Website, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Website Content”) belongs to Company and/or its licensors (including any third party providers) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the services and the Websites You obtain no rights in the Website Content and/or the Trademarks, or any part thereof. Under no circumstances may You use the Website Content and/or the Trademarks without Companie’s prior written consent.

Additionally, You agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Company and/or its licensors (including any third party providers) in the Software, the Trademarks or the Website Content nor will You do anything that damages the image or reputation of Website, Company, shareholders, employees, directors, officers and consultants.

You warrant that any names or images used by You in connection with the Website or services (for example, Your user name) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant Website a worldwide, irrevocable, transferable, royalty free, sublicensable licence to use such names and images for any purpose connected with the Websites or services, subject to the terms of Privacy Policy.

Acceptable use

User agree not to use the Website or Services:

  • To undertake any actions that may incite any violence, hate, or discrimination towards any person;
  • To harass, abuse, or threaten others or otherwise violate any person's legal rights;
  • To violate any intellectual property rights of the Company or any third party;
  • To engage in or create any unlawful activities;
  • To perpetrate any fraud.

You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

You further agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause.

Privacy Information

Depending on how You use Our Website or Services, We may receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from You to ensure Your continued good experience on Our website. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers, including other marketers.

If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.

You can find more information in our Privacy Policy.

Indemnification

You hereby agree to fully indemnify and hold harmless us, our directors, employees, partners and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and us with respect to the Website and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.

If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.

You agree that the Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Breach, Penalties and Termination

If you breach any provision of these Terms and Conditions or we have a reasonable ground to suspect that you have breached them, we reserve the right to not open, to suspend, or to close your Account.

You acknowledge that Company shall be the final decision-maker of whether you have violated Terms and Conditions in a manner that results in suspension or permanent barring from participation in our site(s).

If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Limitation of Liability

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Force Majeure

The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

General Information

All communications made or notices given pursuant to this Agreement shall be in English.

Through Your use of the Website or Services, You agree that the laws of Bulgaria shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the jurisdiction of Bulgaria. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The place of arbitration shall be in Bulgaria. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. Each Party shall bear their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.

In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

Our Customer Complaints Procedure has the following goals:

  • To deal with complaints fairly, efficiently and effectively;
  • To ensure that all complaints are handled in a consistent manner throughout;
  • To increase customer satisfaction;
  • To use complaints constructively in the planning and improvement of all Services.

Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at the following address: support@goldrushservices.com

Company would like to sort out any complaint as soon as possible. If You are not satisfied or do not wish an informal solution, You may pursue a formal complaint. Write down Your complaint and send it to: support@goldrushservices.com.

You will receive acknowledgement of Your complaint within 14 working days. You may be contacted to make sure that we have understood Your complaint properly. You may be asked to provide more details in order to investigate the complaint. You will receive a response to Your complaint within 28 working days of its receipt. Any extension of this time limit requires Your consent.