User’s Acknowledgment and Acceptance of Terms and Conditions
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Bullion Partners of Canada Ltd (“Bullion Partners”) provides the website www.BullionCanada.com (the “website”) and other services, including services offered on the website and services not available directly from the website, subject to your compliance with and your agreement to all the terms, conditions, policies and notices contained or referenced herein (the “User Agreement”), as well as any other written agreement between Bullion Partners and you or your company. The terms “you” and “your” as used herein refer to the visitor to the website and/or any person or entity who uses Bullion Partner’s services. These terms and conditions apply to all orders, purchases, and sales, whether made through the website, by telephone, email transmission and/or in person. In addition, when using particular services or materials on this website, you shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such policies, guidelines or rules are hereby incorporated by reference into this User Agreement.
Before you place any orders to purchase from and/or sell to, Bullion Partners you must read and accept all of the terms in this User Agreement. Your use of this website and/or your placement of any order to purchase from and/or sell to Bullion Partners , whether over the phone or otherwise, constitutes a representation by you that you have read this User Agreement and agree to bound by the terms and conditions and processing policies contained herein.
This User Agreement is effective as of March 13th, 2014 for all existing customers and all existing users of this website, and will be effective upon acceptance, as set forth above, for all new customers and all new users of this website or Bullion Partner’s services. You agree and acknowledge that it is your responsibility to review the website and this User Agreement periodically, and to be aware of any modifications. Your continued use of this website and/or your continued use of any services provided by Bullion Partners after such modifications will constitute your acknowledgement of the modified User Agreement and your agreement to abide and be bound by the modified User Agreement. Bullion Partners reserves the right to change the terms and conditions of this User Agreement from time to time without notice to you.
As used in this User Agreement, references to our “Affiliates” include our owners, subsidiaries, parent companies, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this website and/or its contents.
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you will not receive your check back from your financial institution.
User Representations and warrants
When entering into an agreement, whereby Bullion Partners agrees to BUY and you agree to SELL and you warrant and represent the following:
• You are over the age of eighteen (18) years of age.
• You are the actual legal owner of precious metals, attempted to be sold and/or sold to Bullion Partners, and have the legal right to sell them.
• You are bargaining in good faith and have taken the opportunity to familiarize yourself with the nature of market conditions, the variables within those markets, wholesale pricing and/or are herewith sufficiently satisfied with the assessment and/or valuation you have been given by our representative.
• You acknowledge that all questionable or unmarked items submitted for precious metal assay and/or other items of confirmed interest submitted are for sale at a fair and reasonable wholesale price.
• You warrant the items are free of any and all claims, encumbrances, liens and/or conditions that in any way could adversely affect our right to buy them.
• You are legally competent acting on your own behalf, and not as the agent and/or representative of any other person.
• You acknowledge that all sales are final.
When entering into an agreement, whereby Bullion Partners agrees to SELL and you agree to BUY and you warrant and represent the following:
• You are over the age of eighteen (18) years of age.
• You are the actual legal owner of the funds being used to purchase said precious metals and you warrant that you are acting solely as a private investor, however if you are representing another person, a business and/or trust you must declare so, prior to placing an order.
You have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Bullion Partners. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Bullion Partners is not making any recommendation with respect to such purchases and/or such sales.
• You are legally competent acting on your own behalf, and not as the agent and/or representative of any other person.
Trading in precious metals can involve substantial risk and may result in serious financial loss and is not suitable for everyone. Any trading decisions that you may make are solely your responsibility and none of the content in this site should be taken as a personal recommendation or substitute for your own judgement.
You acknowledge that Bullion Partners is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of coins and precious metals.
General Use Disclaimer
Bullion Partners makes no warranty whatsoever and makes no representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness, or fitness for any general or particular purpose of the Website, or the services provided by or through the Website, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Website. The Website and any materials or services provided by or through the Website is provided to You on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied.
This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services on the Website, including the prices and descriptions of any product, at any time without notice. The materials or services on the Website may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any informational materials through this Website is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.
Order Entry (online store www.bullioncanada.com)
Bullion Partners specifically disclaims any liability or responsibility for orders placed by phone, e-mail, or the Bullion Partners online store / order entry system, for any losses or direct, indirect, consequential or incidental damages which you may recognize or incur as a result of placing an order with Bullion Partners, including, without limitation, the use of the Bullion Partners order entry system. Further, Bullion Partners specifically disclaims any liability for the interruption, cancellation or other termination of the Bullion Partners order entry system / online store.
Our online store / order entry system have been designed to provide an efficient and dependable method for entering orders. Commercial Internet service providers are not 100% reliable and a failure by one or more of these providers may affect Internet based order entry. The customer acknowledges that the order entry system, the telephone and its associated providers, and the Internet are mechanical systems and as such may be subject to failure beyond the control of Bullion Partners. The customer acknowledges having read and understands the order entry system risk disclosure and disclaimer.
Limitation of liability
All orders placed by phone, e-mail, or through the online store / order entry system are taken on a best efforts basis. Bullion Partners shall not be responsible for errors, negligence or inability to execute orders. Nor shall Bullion Partners be responsible for any delays in the transmission, delivery or execution of customer’s order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Bullion Partner’s reasonable control or anticipation.
Use of “cookies”
Bullion Partners may store a small file (commonly known as a “cookie”) on your computer when you visit www.bullioncanada.com
The type of information we collect using cookies is specific to your PC and does not include personal information about you. We collect information such as the IP address, the date and time you visited the web site, which pages of our web sites you looked at and whether those web pages were delivered quickly and successfully.
Using this information allows us to improve our web site and to provide you a better online experience.
You can delete our cookies or block this information by changing the settings on your PC (please refer to your browser’s help screens or instructions). If you block this information you may not be able to utilize some features of the site.
Bullion Partners of Canada Ltd, and its owners & operators do not render any tax, legal, accounting, investment, or other professional advice. If tax, legal, accounting, investment, or other similar expert assistance is required, the services of a competent professional should be sought.
Bullion Partners uses all of its commercially reasonable efforts to comply with applicable FINTRAC anti-money laundering laws.
You shall indemnify and hold harmless Bullion Partners and its partners, affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Bullion Partners or (b) your failure to comply with this User Agreement or the policies adopted by Bullion Partners.
Limitation of Liability
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Bullion Partners.
In the event that, notwithstanding such limitations of liability, Bullion Partners is determined to be liable to you in connection with any transaction between Bullion Partners and you pursuant to this User Agreement, the liability of Bullion Partners to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. Bullion Partners shall not, in any event, be liable for any consequential, exemplary, punitive or indirect damages (including, without limitation, lost profits).
By purchasing from, making sales to, or ordering from Bullion Partners, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Bullion Partners may terminate this User Agreement, with or without cause, at any time by written notice to you. The termination of this User Agreement shall not affect the rights and the obligations of Bullion Partners and you with respect to the period prior to the termination.
Default; Rights and Remedies
Upon any failure by you to comply with your obligations to Bullion Partners, Bullion Partners shall have all of the rights and the remedies available to, Bullion Partners whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Bullion Partners may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Bullion Partners in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Bullion Partners of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
In addition to the other rights and the other remedies available to Bullion Partners, in the event of any failure by you to comply with this User Agreement, Bullion Partners may assess a penalty including, without limitation, (i) any and all market losses incurred by Bullion Partners and (ii) any and all cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize Bullion Partners to collect all of such amounts.
Our “Market Loss Policy”
When purchasing from Bullion Partners, once we have issued a confirmation number, the price is locked in for you (firmly fixed) and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled. That amount will be charged to you, plus a $350.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Bullion Partners.
In addition to the other rights and remedies available to Bullion Partners, in the event of any failure by you to comply with this User Agreement, Bullion Partners may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Policy and Procedures.
In addition to the other rights and remedies available to Bullion Partners may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Bullion Partners and may offset any monetary obligations that Bullion Partners has to you against your monetary obligations to Bullion Partners. Bullion Partners may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Bullion Partners in such manner as Bullion Partners determines to be appropriate.
Absence of Relationship
The sole relationship between Bullion Partners, its partners, and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Bullion Partners and you exists.
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Bullion Partners, which may be granted or withheld by Bullion Partners in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Bullion Partners and you.
Costs and Expenses of Collection
In the event that Bullion Partners must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Bullion Partners, including, without limitation, reasonable attorneys’ fees, in connection with such action.
It is the common goal of Bullion Partners and you that any disagreement or dispute between Bullion Partners and you be resolved expeditiously. Bullion Partners and you agree that all disagreements and disputes between Bullion Partners and you be resolved in accordance with the following paragraphs:
The federal and provincial courts located in or around Barrie, ON, CANADA, shall have exclusive personal and subject matter jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and provincial courts. You hereby consent to the personal jurisdiction of those federal and provincial courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction and venue of such federal and provincial courts. Service of all process in any dispute or proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable part at its notice address provided herein and any such service provided in accordance with the preceding clause shall be sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the Province of Ontario Canada, without regard to its conflict of laws principles.
Waiver of Jury Trial; Arbitration. BOTH Bullion Partners AND YOU HEREBY WAIVE ITS RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both Bullion Partners and you also waive any arbitration requirements to which they might otherwise be subject.
If Bullion Partners cannot perform any obligation hereunder as a result of any event that is beyond its control, Bullion Partners delay or failure to perform such obligation shall be excused and Bullion Partners shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Bullion Partners to carry out this User Agreement.
Except as otherwise provided in this User Agreement, all notices and other communications to Bullion Partners shall be directed to the registered agent in the Province of Ontario and all notices and other communications to you shall be directed, at the option of Bullion Partners, to the address that you provided to Bullion Partners at the time of your registration or to the email address that you provided to Bullion Partners at the time of your registration.
Recording of Phone Conversations
Bullion Partners may record phone conversations between Bullion Partners and you strictly for the purposes of order accuracy. You consent to the recording of such phone conversations. You do not have permission to record our conversations, ever.
Absence of Waivers
A decision or a failure by Bullion Partners to take action with respect to any non-compliance with this User Agreement does not affect the ability of Bullion Partners with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Bullion Partners may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.
Except as set forth herein, this User Agreement may not be amended except by written agreement between Bullion Partners and you.
This User Agreement sets forth the entire understanding between Bullion Partners and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact Bullion Partners at 844.734.2224.