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Terms of Service

Gold Silver Mart Corp. – Terms of Service

Effective Date: May 27, 2025

Overview

These Terms of Service (the “Terms” or “Agreement”) govern all access to and use of Gold Silver Mart Corp.’s website (including any content, functionality, and services offered on or through it), mobile applications, telephone orders, and any other services we offer (collectively, the “Services”). By accessing or using the Services, or by placing an order to purchase from or sell to Gold Silver Mart Corp. (referred to as “Gold Silver Mart,” “we,” “us,” or “our”), you (the individual or entity using the Services, referred to as “you” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the Services. You will not be able to place orders or transact with us without accepting these Terms. 

Age Eligibility: The Services are not intended for use by anyone under the age of 18. By using the Services or creating an account, you represent that you are at least 18 years old (or the age of majority in your province or territory of residence, if higher). If you are under 18, you may neither use the Services nor engage in any transactions or provide personal information to us.

Geographic Scope: At present, Gold Silver Mart serves customers in Canada only and ships only to addresses within Canada. If you access the Services from outside Canada, you do so on your own initiative and are responsible for compliance with any local laws. We may in the future extend the Services to U.S. residents or other jurisdictions; in that event, we will update these Terms accordingly. Unless otherwise specified, all currency amounts are in Canadian Dollars (CAD). 

Privacy: Our collection, use, and disclosure of personal information through the Services are governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we protect your data. By using the Services, you consent to the handling of your personal information in accordance with our Privacy Policy and applicable Canadian privacy laws. If you do not agree, you should discontinue use of the Services. 

Changes to Terms: Gold Silver Mart reserves the right to update or modify these Terms at any time. If we make material changes, we will post the updated Terms with a new effective date. It is your responsibility to review the Terms periodically for updates. Your continued use of the Services after any modifications constitutes acceptance of the revised Terms.

1. Account Creation and Responsibilities

Account Registration: To access certain Services (such as placing orders or posting comments), you may need to create an online account. You agree to provide accurate, current, and complete information during registration and to update such information promptly if it changes. Each individual or entity is generally limited to one account, unless we approve multiple accounts in writing. You are responsible for maintaining the confidentiality of your account login credentials and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you suspect any unauthorized use of your account or security breach, you must notify us immediately. 

Account Eligibility: By creating an account, you represent and warrant that (a) you meet the age and eligibility requirements described in these Terms, (b) you are using your true identity, and (c) any information you provide to us is truthful and lawful. You may not impersonate any person or entity or misrepresent your identity or affiliation. 

Account Use and Security: You are solely responsible for all use of your account. Gold Silver Mart will assume that any communications or orders we receive under your account credentials have been made by you. We strongly encourage you to use a secure password and enable any additional security features we may offer. We are not liable for any loss or damage arising from your failure to comply with the above obligations. 

Account Suspension or Termination: We reserve the right, in our sole discretion, to suspend or terminate your account at any time if we suspect fraudulent activity, violation of these Terms, or other misuse of the Services. We may also suspend accounts that are inactive, or terminate accounts upon your request. Upon termination of your account for any reason, these Terms will continue to apply to any past use of the Services by you.

2. Intellectual Property Rights

All content and materials on the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, articles, data compilations, software, and the overall design and arrangement of the site, are the intellectual property of Gold Silver Mart or its licensors and are protected by Canadian and international copyright, trademark, patent, and other intellectual property laws. Gold Silver Mart Corp.™ and our logos, slogans, and trade names are our trademarks or service marks. You are granted a limited, non-exclusive, revocable license to access and use the Services and the content for your personal, non-commercial use only. 

Restrictions on IP Use: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any of the material on our Services except as automatically and incidentally necessary for your device to display the content and for you to make personal use of the Services. Any use of our content beyond personal use (for example, using our product images or descriptions for commercial purposes) requires our express prior written consent. Furthermore, you may not remove or alter any copyright, trademark, or other proprietary notices from materials found on the Services. 

Third-Party Intellectual Property: If you believe that any content on our Services infringes your copyright or other intellectual property rights, please contact us with details. We respect intellectual property rights and may remove or disable content alleged to be infringing and terminate the accounts of repeat infringers, in accordance with applicable laws.

3. Restrictions on Use of Services

You agree to use the Services only for lawful purposes and in compliance with these Terms. Without limiting the generality of the foregoing, you agree that you will NOT:

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these restrictions, including without limitation, suspending or terminating the user account and reporting such violations to law enforcement authorities.

4. Products, Pricing, and Taxes

Product Descriptions: Gold Silver Mart offers a variety of precious metal products (such as gold, silver, platinum, and palladium coins, bars, rounds, and related items). We strive to describe products accurately. However, we do not warrant that product descriptions, photographs, pricing, or other content on the Services are error-free, complete, or current. If a product delivered to you is not as described, your sole remedy is to return it in unused condition pursuant to our return policy (see Section 7 below). 

Market Price Fluctuations: Precious metals are commodities traded on global markets, and their prices can be volatile and subject to rapid change due to market forces, supply and demand, and other factors. All pricing listed on our Services is subject to change without notice. When you place an order, the price for that order is typically locked in at the time of checkout (see Section 5 below for details on price locking and payments). However, if we discover a pricing error (for example, a typographical mistake or technical glitch leading to an incorrect price), we reserve the right to correct the error and cancel or revise any affected orders, even if you have received an order confirmation. In such cases, we will contact you with the correct pricing and you may choose to proceed with the order at the correct price or cancel for a full refund of any amounts charged. 

Setting of Prices: Gold Silver Mart alone determines the prices at which products are offered for sale and the prices at which we may buy products from customers (our “buy-back” or Sell-To-Us prices). Our prices are influenced by the prevailing spot market prices for the underlying metals and may include our margins, handling costs, and other premiums. We aim to offer competitive pricing, but we do not guarantee that our prices will match or beat those of other dealers in every instance. We may, at our discretion, offer price matching or other promotions from time to time, but these are subject to specific terms and may be suspended during periods of high market volatility. 

Taxes: Product prices listed on our site do not include any applicable sales taxes unless expressly stated. We are required to collect Goods and Services Tax/Harmonized Sales Tax (GST/HST) and/or Provincial Sales Tax (PST/QST) on certain products and in certain jurisdictions, as required by Canadian law. Generally, many popular precious metal products in Canada (e.g. gold and silver bullion coins and bars of a certain purity) are zero-rated for GST/HST purposes, meaning no sales tax is charged, but this is subject to the specific tax laws in effect. For products or jurisdictions where sales taxes do apply, the applicable tax will be added to your purchase price and indicated at checkout. If in the future we ship products to customers in the United States or other countries, we will comply with applicable tax collection obligations in those jurisdictions (e.g., state sales or use taxes, or VAT/GST for international shipments), or otherwise notify you if you are responsible for self-assessing and remitting use or import taxes. 

Import Duties: Since we currently only ship within Canada, import duties are generally not applicable. If you later direct us to ship outside of Canada or you transport products across borders, you are solely responsible for complying with all import/export laws and paying any applicable duties, taxes, or fees. 

No Investment Advice: Any information provided by Gold Silver Mart through the Services (including precious metal news, market analysis, educational articles, or product descriptions) is for general informational purposes only. We are not financial or investment advisors, and nothing on our Services constitutes a recommendation or solicitation to buy or sell any investment or security. Precious metals can be speculative and involve risk. You alone are responsible for evaluating the merits and risks of any purchase or sale, and you should consult with your own financial, tax, and legal advisors before making decisions based on information obtained from our Services. Gold Silver Mart is not liable for any losses that may result from your investment decisions, except as expressly provided in these Terms.

5. Order Policies and Payment Methods

This section applies to purchases of products from Gold Silver Mart by customers. (If you are looking to sell your precious metals to Gold Silver Mart, please see Section 6 on the Sell-To-Us Program.) 

Order Placement: When you place an order on our website (or by phone or other authorized means), you are making an offer to purchase the specified product(s) at the indicated quantity and price. Order Confirmation: After you submit an order, you should receive an order confirmation number and/or an email confirmation with your order details. This confirmation acknowledges receipt of your order but is not an acceptance of your offer or a guarantee of fulfillment; all orders are subject to our review for compliance with these Terms, availability of stock, and fraud screening. We reserve the right to refuse or cancel any order for any reason at our sole discretion, including but not limited to suspicion of fraud, payment issues, pricing errors, or regulatory compliance concerns. If we refuse or cancel your order, we will notify you and, if payment has been received, issue a refund or credit for the canceled order (except as otherwise provided in these Terms, such as if a Market Loss Fee applies). 

Price Lock-In: The price at which your order is submitted and confirmed is the locked-in purchase price for that order (the “Purchase Price”). Once you have placed an order, you are bound by that Purchase Price and the transaction is final, subject to these Terms (including our cancellation and return policies). In return, we commit to honor the Purchase Price provided your payment is timely and in full, even if market prices fluctuate subsequently. (See Market Loss policy in Section 7 for the consequences of failing to complete a purchase.) 

Acceptable Payment Methods: We accept a variety of payment methods for purchases, as listed below (certain methods may be subject to order amount minimums or maximums, as noted):

Timely Payment Required: You must remit payment in full within the time frames specified above (and as summarized in your order confirmation). If we do not receive your payment within the required period for the selected payment method, or if your payment is incomplete or fails (e.g., a check bounces or a credit card is declined), you will be in default of your purchase obligation. In such cases, Gold Silver Mart reserves the right to cancel your order. If an order is canceled due to non-payment or late payment, you agree that we may charge you for any loss market value we incur due to the cancellation (see Market Loss Fee in Section 7). We also reserve the right to recover from you any return payment fees or chargeback fees charged by third parties (e.g., bank NSF fees or credit card chargeback fees). 

Order Changes and Cancellations by You: Once you place an order and lock in a price, you cannot unilaterally cancel or change the order without our approval. Any request by you to cancel an order must be made immediately by contacting our Customer Service. We are under no obligation to accept a cancellation request for a confirmed order. If we, in our sole discretion, agree to cancel your order, you will be liable for any Market Loss (if the market price of the product has fallen since your order) and applicable cancellation fees as described in Section 7, and those fees must be paid promptly. If the market price has risen, you will not be entitled to any market gain credit – all market gains on cancellations belong to us. We may require such fees to be paid (or charge your card on file) before confirming the cancellation. 

Order Limits: We may impose, at our discretion, quantity or value limits on any order or on cumulative orders. For example, we may cap the amount of a certain high-demand product each customer can buy, or require a minimum order amount for certain payment methods. These, if applicable, will be communicated via the Services or during checkout. We also reserve the right to reject any order that appears to be multiple orders aimed at circumventing our limits. 

Title and Risk: Title to products you purchase passes to you when we receive full payment (after any hold/clearance period) and ship the product. Risk of loss for the products passes to you upon delivery of the product to the address specified in your order (see Shipping in Section 8 for more details on risk during transit). 

Verification and Fraud Screening: We reserve the right to require additional verification or documentation for certain orders, especially high-value orders or orders placed with certain payment methods, before finalizing the sale. For example, we may request a photocopy of a government-issued ID and/or a copy of the credit card used, or confirmation of a wire’s origin. This is to ensure the payment is authorized and to comply with our anti-fraud and compliance obligations. We will contact you if such information is required. If you fail to provide requested verification, we reserve the right to cancel the order. 

Gold Silver Mart only engages in transactions within Canada at this time (we do not accept orders for shipment outside Canada currently). We also do not offer any products on a leveraged or margin basis—full payment is required; we do not extend credit for product purchases.

6. Sell-To-Us Program (Customer Sales to Gold Silver Mart)

Our Sell-To-Us Program (also known as our buyback program) allows customers to sell certain precious metal products to Gold Silver Mart. This section applies when you (the “Seller” in this context) offer to sell bullion or other precious metal items to us. 

Eligible Items and Quotes: We may, at our discretion, provide buyback price quotes for products that we are interested in purchasing (for example, common gold or silver coins, bars, or rounds that we stock or that have market liquidity). You can request a quote by contacting us (via the website form, phone, or email) and describing the items you wish to sell. All quotes we provide (whether verbally or in writing) are subject to market fluctuation and are typically valid only for a short period specified (we will inform you how long a quote is locked). Because precious metal prices change constantly, our buy prices are locked in only when a sale is confirmed and we have issued a confirmation. 

Sale Confirmation: If you decide to accept our quoted price and sell us your items, we will issue a Sell Order Confirmation (with details of the items, quantity, and locked-in price – the “Sell-To-Us Price”). At that point, you have committed to deliver those items to us and complete the sale. Likewise, we are committed to pay you the agreed price, provided you fulfill the terms (including timely delivery of the agreed items in the promised condition/quality). Important: Just like with purchase orders, when you lock in a Sell-To-Us Price, you are bound by it. If you fail to deliver as agreed, you may be liable for a Market Loss Fee (if the market price of the items rises, representing a loss to us because you didn’t deliver) as described in Section 7. 

Shipping Your Items to Us: After confirming the sale, you will need to send the items to us promptly, typically within 1-2 business days. We will provide instructions for shipping. In many cases, we may offer to provide a prepaid insured shipping label or coordinate a courier pick-up for you – the details will be arranged at time of sale. If we provide a shipping label and insurance, you must follow our packing and mailing instructions to ensure coverage (e.g., use the specified courier, packaging standards, etc.). If you choose to ship on your own, you must insure the package for the full value and use a trackable, reliable carrier. You are responsible for the items until they are delivered to us and we sign for them. That means risk of loss or damage in transit is on you unless we have explicitly assumed that risk by providing insured shipping. We recommend photographing your items and package contents for your records before shipping. 

In-Person Delivery: If we allow in-person delivery (for example, if you are local and arrange to bring items to our physical office), you must do so within the agreed timeframe (usually 1-3 business days). The items will be inspected in your presence (or, if that’s not possible, under camera) and a receipt will be provided. Title to the items passes to us upon our acceptance after inspection, and payment will be arranged as described below. 

Condition and Authenticity: The items you send must match the description you gave us when we issued the quote. All coins, bars, or other bullion must be genuine (not counterfeit) and of the stated purity and weight. Upon receiving your shipment, we will inspect and verify the items. This may include weighing, metal assay tests, and authentication procedures. If we determine that any item is not as described (e.g., different year or mint, significantly different condition than stated, or not genuine metal content), or the quantity is different, we will inform you. We reserve the right to recalculate or void the transaction in such cases. If voided, we will return any items to you (or hold them for your pickup) at your expense, or offer a revised price which you can choose to accept or reject. If any items are determined to be counterfeit or potentially illegally obtained, we reserve the right to confiscate or hold them and/or report to law enforcement as appropriate (we will provide documentation of any such action if it occurs). 

Transfer of Title: You represent and warrant that you have full legal title to the items you are selling and that they are not subject to any liens or encumbrances. Title to the items passes to Gold Silver Mart only when we have received and inspected the items and explicitly accepted them. Simply mailing them does not guarantee acceptance. We may reject all or part of a shipment if issues are found. 

Payment to You: Once we have received, inspected, and accepted your items, we will issue payment to you based on the agreed Sell-To-Us Price. Payment will typically be issued within 1-3 business days of our acceptance of the items (often sooner). We offer several payment options for buybacks:

We will discuss the payment method with you when finalizing the sale. All payments will be made in Canadian Dollars (CAD) unless explicitly agreed otherwise. If you prefer payment in another currency or form (e.g., bullion trade or store credit), that may be negotiated on a case-by-case basis. 

Failed Sale / Customer Default: If you lock in a Sell-To-Us transaction and then fail to deliver the agreed items in the agreed timeframe (or at all), or if you cancel the sale after price lock, this constitutes a default. In such event, Gold Silver Mart may suffer a loss if the market price of the metal has moved upward. You agree that you will be liable for any Market Loss Fee associated with your default (see Section 7 on how Market Loss Fees are calculated and collected). We may invoice you for that amount and you agree to pay it within 10 days. If the market price has dropped (market gain for us) at the time of your default, we will not owe you that gain; all market gains in such scenarios belong to us as agreed. We also reserve the right to refuse future transactions with any customer who fails to honor their sell commitments. 

Identification and Reporting: For certain buyback transactions, especially large ones, we may require you to provide identification documents to satisfy our anti-money laundering (“AML”) compliance obligations (see Section 9). We reserve the right to report transactions or customer information to government authorities as required by law (for example, Canada has reporting requirements for cash transactions over $10,000 and for suspicious transactions). By participating in the Sell-To-Us Program, you agree to provide any information or documentation reasonably requested for compliance reasons and you affirm that your sale to us does not violate any laws or regulations.

7. Returns, Cancellations, and Market Loss Fees

Order Cancellations by Gold Silver Mart: We reserve the right to cancel any purchase order or sell order if we have reason to do so, including as noted earlier (non-payment, suspected fraud, pricing error, failure to deliver, etc.). If we cancel an order, we will typically notify you via email or phone. If your order is canceled before shipment due to no fault of yours (e.g., item became unavailable, or an internal decision), we will refund any payment received in full. If the cancellation is due to your breach (e.g., non-payment or refusal to complete a sell delivery), then the Market Loss Fee provisions below may apply. 

Return Policy (Purchases from Gold Silver Mart): Due to the volatile nature of precious metals, all products sold by Gold Silver Mart are considered final sale unless explicitly stated otherwise at the time of purchase.

If a product is specifically marked as returnable, the following return conditions apply:

Return Procedure:

  1. Contact our Customer Service via email or phone to obtain an RMA.
  2. Carefully package your item according to provided instructions, including recommended insurance.
  3. You are responsible for all return shipping costs and insurance. We strongly recommend insuring your shipment, as the risk of loss or damage during return transit remains solely with you.

Refunds and Market Loss Fees:

Upon receipt, your returned product will be inspected. Approved returns will be refunded at the lower of the original purchase price or current market value at the time of return, less any original shipping and handling fees.

Condition of Returned Items:

If items are returned in a condition other than originally shipped (e.g., opened, damaged, or missing components) or outside the allowed return period, Gold Silver Mart reserves the right to refuse the return. Alternatively, at our discretion, we may offer to repurchase the item at the current market buyback price, which may be lower than the original purchase price. Shipping costs for sending items back to you under these circumstances will be your responsibility.

If the returned item is not in its original condition (for example, tampered packaging, evidence of wear or damage, missing components), or if it arrives after the allowed return period, we reserve the right to refuse the return or apply additional restocking fees. In such case, we can ship the item back to you (at your cost) if you request, or we may, at our discretion, offer to repurchase it as a buyback at the current market price (which may be lower than what you paid). 

Exchange Policy: Exchanges are handled as a return of the original item (subject to the conditions and potential Market Loss Fee above) and a new purchase of the replacement item. If you wish to exchange for a different product, contact us within the same 5-business-day window. We will work with you – for instance, if you received a defective or incorrect item, we will try to find a suitable replacement if available. However, if the exact item is not available for an exchange, we will refund your purchase (minus any applicable fees) rather than an exchange. Any exchange is similarly subject to market price adjustment. We do not guarantee that we can exchange for a different product without incurring market loss fees, unless the exchange is due to a mistake on our part. 

Return of Incorrect or Defective Items: If we ship you the wrong item or a defective product (for example, a product not meeting its specifications), this is an error on our part. In such cases, notify us immediately (within 48 hours of delivery) and we will arrange for return shipping at our expense. We will inspect the item and, if confirmed, we will send you the correct item or a non-defective replacement (or issue a full refund if a replacement is not available) at no additional cost to you. These cases will not be subject to market loss fees or shipping fees. 

Cancellations by Customer (Prior to Shipping): If you request to cancel a purchase order before it ships, and we agree to the cancellation (see “Order Changes and Cancellations by You” in Section 5), you will be liable for any Market Loss we incur. We will calculate the Market Loss Fee as described below and either charge your payment method on file or invoice you for that amount, which must be paid promptly. If you had made a payment, any remaining balance after deducting the Market Loss Fee (and a $50 cancellation fee, if applicable) will be returned to you. If the market moved in our favor (market gain), we will not pay that to you – it is retained by us as agreed. Failure to pay a Market Loss Fee is a serious violation and may result in us taking collection actions (Section 9) and/or rejecting future orders. 

Market Loss Fee – Definition and Calculation: Market Loss represents the difference in value of a metal product between the time of the original transaction and the time of cancellation/return, if that difference is negative from our perspective. For purchase orders: if the market spot price of the metal has fallen between when your price was locked and when the order was canceled or the product returned, that decrease is a loss to us (because we could have sold that metal at the higher price). For sell-to-us orders: if the market price has risen since lock-in, that increase is a loss to us (because we could have bought at lower price). Market Loss is typically calculated using the metal’s bid price difference times the quantity of metal (for coins, it may consider premium changes as well). All Market Gains (the opposite scenario) belong solely to Gold Silver Mart – we will not pay you if the market moved in your favor.

For example, if you agreed to buy 10 oz of silver at $30/oz (so $300 total) and then cancel when silver is $28/oz, the market loss is $2/oz * 10 = $20. We would charge you $20 (plus any base cancellation fee). If silver was $32/oz (a gain), you don’t get that $20 gain – we simply cancel without charging loss (but likely will still charge a small admin fee for cancellation at our discretion). Similarly, for a Sell-To-Us: if you locked to sell 1 oz of gold at $2500 and fail to deliver when gold is $2600, we lost $100 potential, so you owe $100. 

Collecting Market Loss Fees: You expressly authorize Gold Silver Mart to charge any Market Loss Fee (and any applicable cancellation fee) to the credit card or debit card you have on file with us. We may do this without further notice. If you did not pay by card or no card is available, we will invoice you for the amount. You agree to pay any invoiced Market Loss Fee within ten (10) business days of the invoice date. If you do not pay on time, we reserve the right to take collection actions, which may include engaging a collection agency or legal action (see Section 9 on Collections). Unpaid amounts may accrue interest at the maximum rate permitted by law until paid. 

No Refund on Shipping or Fees: When you return items or cancel an order (except due to our error), note that any shipping charges, insurance, payment fees (like credit card processing fees that are non-refundable to us) are not refunded. If we incurred costs (e.g., processing fees or shipping costs on the original shipment), we may deduct those from any refund as well (this is separate from market loss). 

Final Sale Items: Certain items may be sold as final sale, meaning no returns are accepted due to their nature (for example, clearance items, special ordered items, opened collectible sets, etc.). Such items will be clearly identified on the product page or invoice as “Non-Returnable” or “Final Sale.” For any final sale item, we will not accept returns unless required by law. 

Customer Satisfaction: We value customer satisfaction and encourage you to promptly inspect all orders upon receipt. If you have any concerns or questions about your order, please contact us. Even if a formal return is not available (outside the window, etc.), we may still work with you to resolve issues on a case-by-case basis. However, nothing in this section obligates us to accept returns beyond what is stated.

8. Shipping, Insurance, and Liability

This section outlines our shipping practices, your responsibilities for receiving shipments, and how risk is allocated during delivery. 

Shipping Methods and Charges: Gold Silver Mart will arrange shipment of products to you via reputable carriers (such as Canada Post, FedEx, UPS, Purolator, or other courier services) at our discretion. During checkout, you will be informed of the shipping options and costs. We currently offer free standard shipping on orders over a certain amount (e.g., orders over CAD $500, subject to change) as a promotional policy. Orders below that threshold, or orders requiring expedited shipping, will incur shipping and handling charges as displayed at checkout. All shipping charges (if any) will be added to your order total. Any delivery timeframes provided (e.g., “2-day shipping” or estimated delivery dates) are estimates only and not guaranteed; actual delivery times may vary due to carrier delays, weather, or other factors beyond our control.

Insurance: We insure each shipment for the full value of its contents while in transit, at no extra cost to you (insurance is included in our shipping and handling). Our insurance coverage and liability for loss or damage cease once the package is delivered to the address you provided or is picked up by you (or your agent). Important: A signature may be required for delivery of orders over a certain value (for example, any order over CAD $1,000 will require a direct signature upon delivery). We reserve the right to require signature confirmation for any delivery, at our discretion, regardless of value. If a signature is required, the carrier will not deliver unless an adult at the address signs for it. 

Risk of Loss: Gold Silver Mart bears the risk of loss, theft, or damage to the products in transit until the moment they are delivered to you. Delivery shall be deemed complete, and risk passes to you, when the tracking from the carrier shows that the package was delivered to the address you provided (or to an alternate pickup location you arranged with the carrier). After that point, any loss or theft is your responsibility. Our liability ends once a package is shown as delivered by the carrier. For this reason, we strongly recommend that you ensure the delivery location is secure and that you or a trusted person is available to receive the package. 

If you have delivery instructions or request a carrier to leave a package without signature (e.g., “no signature required” or “leave at door”), you assume all risks associated with that. Our insurance will typically not cover packages that are recorded as delivered or left unattended at your request. Likewise, if you arrange for the carrier to forward or re-route a package (for example, to a different address than originally provided) or hold it at a depot, risk may transfer at the point of the original address delivery or according to carrier rules – we discourage changes that are not secure. 

Undeliverable Packages: If a package is returned to us by the carrier as undeliverable (for example, due to an incorrect address you provided, or after delivery attempts and notice, it was unclaimed), we will attempt to contact you for further instructions. We can reship (at your expense for new shipping charges) to a corrected address if provided. However, note that if the carrier returns the package to us damaged or with missing contents, or if the package is lost on its way back to us, we cannot accept responsibility for those losses. We will assist in filing a claim with the carrier if possible, but our obligation to refund or reship may be limited since the original shipment fulfilled its delivery attempt. To avoid this, please make sure the address you provide is correct and that you promptly pick up any notice left by carriers. 

Visible Damage or Tampering: We take great care in discreetly packaging your order. If your package arrives with obvious signs of damage or tampering (e.g., torn packaging, opened box, significantly weighed less, etc.), do not accept or sign for it if possible. Alternatively, have the delivery person note the condition. Then contact us immediately. We may instruct you to take photographs of the package and/or hold the materials for inspection. Do not discard any packaging if you suspect tampering. We will work with the carrier on a claim. Do note that any insurance claim for a tampered package will require evidence, so your assistance is crucial. 

Lost Packages: A package may be considered “lost in transit” if tracking has not updated for a certain number of days beyond the expected delivery window. Generally, for postal service shipments, if tracking hasn’t updated in 5 or more days, or for couriers like UPS/FedEx, 3 or more days, since the last scan, it might be considered lost. If you suspect a package is lost, please contact us as soon as possible, and no later than 5 calendar days after the last tracking update for postal shipments (or 3 days for UPS/FedEx). We will initiate a trace and insurance claim if appropriate. If we determine the package is indeed lost, we will either resend the items (stock permitting) or refund you, at our discretion, once the carrier confirms the loss. 

Incorrect or Missing Items: In the rare event your package is delivered and items are missing or wrong (for example, an item was mistakenly left out or you got something not intended for you), or an item is materially damaged inside (e.g., a capsule broken and coin damaged), you must notify us within 48 hours of delivery (according to the carrier’s timestamp). We may request evidence (photos of packing materials, etc.). We will investigate and, if it was our error, we will of course correct it by sending you the missing items or replacing/exchanging the incorrect items at our cost. If you do not report such issues within 48 hours of delivery, we will assume your order was correct and complete, and any loss will be deemed to have occurred after delivery (meaning it would be your responsibility). 

Insurance Claim Cooperation: If a shipment issue arises (loss, theft, damage) for which a claim may be made against our insurance or the carrier’s insurance, you agree to cooperate fully with us in the claim process. This includes providing written affidavits or statements, police reports (for theft, if requested), and any additional information or documentation needed. Failure to timely cooperate may forfeit your right to a refund or replacement. Once you have reported an issue to us within the required time, we will handle the claim with the insurer. If the claim is approved, we will either reship your product or refund you, at our discretion. If a claim is denied due to information indicating you or someone at your address may be at fault, we reserve the right to not honor a refund. 

International or Export Restrictions: As we currently ship only within Canada, export is not an issue for our direct shipments. However, if you subsequently choose to export or carry the products outside of Canada, you assume responsibility for compliance with all export controls and sanctions. You agree not to re-export or divert any products to any country or person prohibited by Canadian or U.S. law. Additionally, you agree that you will not use our Services to ship product to a third country for further export where such export would violate law. We reserve the right to refuse any order that we suspect is destined for a sanctioned country or a prohibited end user.

9. Fraud Prevention and AML Compliance

Fraud Prevention: Gold Silver Mart takes fraud seriously. We reserve the right, but assume no obligation, to actively monitor, investigate, report, and prosecute any suspected fraudulent or illegal activities in connection with our Services. We may require additional verification of orders that appear suspicious. For example, we might call you to confirm an order, request a copy of your ID or credit card (with sensitive info masked), or ask for alternate payment if we suspect a stolen card. We also reserve the right at any time to cancel or delay any order or suspend any account if fraud is suspected, without prior notice. If an order is canceled due to suspected fraud, we will attempt to notify you, and any payment received will be refunded if we determine you were not engaged in fraud. We capture certain information during the order process (such as device information, IP addresses, and transaction data) that may be used to identify and locate individuals believed to be committing fraud. If we suspect a transaction is fraudulent, we reserve the right to submit all relevant information and records to law enforcement agencies, financial institutions, payment processors, and card issuers with or without a subpoena, to assist in investigation. By using our Services, you consent to this and waive any claim against us for such reporting. We will cooperate fully with authorities in prosecuting offenders. 

We further reserve the right to refuse or cancel any transaction for any reason or no reason at our discretion, even after an order confirmation, including (a) orders we deem suspicious or high-risk, (b) orders with pricing errors, or (c) orders not paid within required time frames. In the event of cancellation, we will inform you and refund any funds received unless we are prevented by law or instructed otherwise by authorities. 

Anti-Money Laundering (AML) Compliance: Gold Silver Mart complies with Canadian anti-money laundering and anti-terrorist financing laws, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its regulations, as they apply to dealers in precious metals and stones. We maintain a written AML compliance program, which may include verification of customer identity, record-keeping for certain transactions, and reporting of certain transactions to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). For example, Canadian law requires that we verify identification for large cash or cash-equivalent transactions and report any cash payments of $10,000 or more (in a single transaction or multiple related transactions). We also must report any suspicious transactions (regardless of amount) that we suspect may be linked to money laundering or terrorist financing. By transacting with us, you agree to provide any information or documentation we may request to fulfill our AML obligations (such as government-issued identification, proof of address, information on the source of funds, etc.). We may refuse to complete a transaction or freeze an account if the required information is not provided or if we have concerns about legal compliance. You also agree that you will not use Gold Silver Mart’s Services in any way to conduct or attempt to conceal illegal activities, including money laundering, terrorist financing, fraud, or other financial crimes. If we detect such activity, we will report it to the appropriate authorities as required by law. 

Telephone Call Recording: You acknowledge and agree that Gold Silver Mart may record telephone calls between you and our staff or agents for quality assurance, training, order verification, fraud prevention, and record-keeping purposes. These recorded calls are considered part of our business records. By engaging in telephone communications with us, you consent to such recording (where required by law, your continued participation in the call after notice of recording constitutes consent). Our use of call recordings is also subject to our Privacy Policy. Not all calls may be recorded, but you should not expect privacy for calls in light of this policy. 

Collections for Non-Payment: If you owe Gold Silver Mart any amounts (for example, Market Loss Fees, refused payments, or other fees) and do not timely pay after notices, we reserve the right to refer the matter to external collection agencies. By using the Services, you agree that collection agencies contracted by us may contact you via various methods, including phone calls to any number you provided (which may include your mobile number), text messages (SMS) or emails, including by using automated dialing devices or pre-recorded messages, to seek payment. Standard message and data rates may apply to any such communications. You further agree that, to the extent permitted by law, we may pass on your personal and contact information to such agencies for the sole purpose of collection efforts. If you wish to avoid being contacted by collections, please ensure to pay any amounts due promptly or contact us to discuss alternative arrangements. 

Export Controls and Sanctions: If and when we ship products outside of Canada or to customers outside Canada (or if you are a non-Canadian using our site), you are responsible for compliance with all export/import control laws. You agree that you shall not use the products or Services in violation of any export restrictions. This means you will not, for example, purchase from us with the intention to export precious metals to countries under trade embargo or to individuals or entities that are on sanctions lists (such as those maintained by the Canadian government, U.S. OFAC, or the United Nations). You represent and warrant that you are not located in, under control of, or a national or resident of any country subject to Canadian or U.S. sanctions, and that you are not on any denied party lists. We reserve the right to refuse business with any person or entity we have reason to believe is involved in sanctioned activities.

10. Electronic Communications and SMS Consent

Consent to Electronic Communications: By using our Services, creating an account, or engaging in transactions, you consent to receive communications from us electronically, such as via email, SMS text message, in-app notifications, or through postings on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

When you send us an email or a message via the website, or provide us with your email address, you are communicating with us electronically and you consent to receive responsive communications from us electronically. We may also send you transactional messages (e.g., order confirmations, shipping notifications, account alerts) via email or text. These are considered part of our Services and you may not be able to opt out of certain transactional or account-related communications without cancelling your account. 

SMS/Text Messages: If you provide a mobile telephone number to us, or opt-in to any SMS communication program we offer, you consent to receive SMS (text) messages from us (or our service providers) at that number. These may include one-time verification codes, status updates on your orders, promotions, or other service messages. Message frequency may vary. Standard message and data rates may apply from your mobile carrier. You represent that you are the authorized user of the mobile number provided and will promptly alert us if that number changes. 

You can opt out of marketing or promotional text messages at any time by replying “STOP” to any SMS we send, or by contacting customer support to revoke consent. For example, if you receive a text from us, you can reply “STOP” (or as otherwise instructed) to unsubscribe. However, by opting out of marketing texts, you may still receive transactional texts (for instance, a one-time PIN for login, or delivery alerts for an active order) unless you completely close your account. If you wish to stop all texts, including transaction-related, you may need to discontinue use of the Services that require SMS (for instance, removing your phone number from your profile or closing the account).

Email Preferences: You can opt out of marketing emails (such as newsletters or promotion offers) by using the “unsubscribe” link in those emails or adjusting your account preferences. However, we reserve the right to email you for transactional or administrative purposes related to your use of the Services (e.g., account verification, order receipts, policy updates), which are not marketing communications. 

Electronic Notices: You agree that we may provide you with required notices, agreements, and other information concerning the Services electronically, either by posting them on our website, by emailing them to the email address associated with your account, or by SMS to the phone number in your account. It is your responsibility to keep your email address and other contact information current in your account profile. We are not responsible for communications not received due to your contact information being out of date or incorrect. 

Monitoring and Disclosure: You acknowledge that we may, but are not obligated to, monitor and record your communications with us (including email and chat communications) for quality assurance, training, or legal purposes. Additionally, any content you provide in communications (such as feedback or inquiries) may be retained. We reserve the right to disclose any electronic communication content as needed to satisfy any law, regulation, or governmental request, or to protect our rights or the rights of other users, as outlined in our Privacy Policy.

CASL Compliance: Gold Silver Mart complies with Canada’s Anti-Spam Legislation (CASL). Any commercial electronic messages we send (such as marketing emails or texts) to Canadian recipients will be only to users who have provided consent (implied or express) as defined under CASL. We include unsubscribe mechanisms in our messages as required. If you have any issue with our communications or believe you received a message in error, please contact us.

11. User-Generated Content (Reviews and Comments)

Gold Silver Mart may allow users to submit content on the Services, such as product reviews, ratings, comments on articles, testimonials, or other feedback (collectively, “User Content”). By submitting any User Content, you agree to the following terms: 

Responsible Content: You are solely responsible for any User Content you post or submit. You agree that you will not submit any content that: (a) is false, misleading, or defamatory; (b) is harassing, abusive, vulgar, or hateful, or that targets any individual or group in a derogatory manner; (c) is obscene, pornographic, or otherwise offensive; (d) violates another party’s intellectual property or other proprietary rights (e.g., do not copy someone else’s review or use copyrighted material without permission); (e) contains personal or private information of any other person (e.g., doxxing); (f) contains software viruses or any form of malicious code; or (g) violates any law or advocates illegal activity.

We reserve the right (but not the obligation) to moderate, remove, or edit User Content at our discretion if it violates these Terms or our guidelines, or for any other reason. However, we do not systematically review all User Content, and we are not responsible for what other users post. 

User Content License: By posting or submitting User Content on our Services (including any text, images, audio, or video), you grant Gold Silver Mart a perpetual, worldwide, non-exclusive, royalty-free, fully-paid, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or in part) and to incorporate it in other works or into any form, medium, or technology now known or later developed. This license includes, for example, the right for us to use your review in our marketing materials or to feature your testimonial on our homepage. You also grant us the right to use the name or username that you submitted in connection with the content, if we choose (for instance, attributing a review to “John D.”). 

You understand that by submitting User Content, your content may become publicly viewable (for example, posted reviews can be seen by others). Do not include personal information in your posts that you do not wish to be public. 

No Compensation: You agree that you are not entitled to any compensation or attribution for the use of your User Content by Gold Silver Mart, beyond the internal satisfaction of contributing. If we ever wish to feature your content in a significant way that might require further permission (for example, using your photograph in a major advertising campaign), we will reach out to you separately. But for general content you submit, no further consent or notice is required for us to use it. 

Your Warranties for Content: You represent and warrant that you own or control all rights to any User Content you submit, and that our use of your content will not infringe or violate the rights of any third party (such as copyright, trademark, privacy, or publicity rights). If any third-party content (like an image or excerpt) is included, you must have permission to include it and to grant us the license above. You also warrant that your User Content is accurate (or is a genuine opinion or experience), and that it complies with these Terms and any applicable laws. 

No Monitoring Duty: While we may monitor user forums, comment sections, or review boards from time to time, we do not assume any obligation to do so. We are not liable for any statements, representations, or User Content provided by other users. However, if you believe someone else’s content is violating these Terms or your rights (e.g., defamatory or infringing content), you may report it to us and we will review and take action at our discretion. 

Removal of Content: We reserve the right to terminate your ability to post User Content, or to remove or refuse to post any User Content, for any or no reason. For example, if we believe a user is repeatedly posting inappropriate content or fake reviews, we may ban the user or remove their posts. Additionally, while we are not required to remove feedback you have posted (and generally will not upon request), we reserve the right to do so especially if we have reason to believe it is false or malicious. 

User Interactions: If our site provides any chat, forum, or communication features between users, you are solely responsible for your interactions with other users. We are not responsible for any disputes or conflicts between users, but we reserve the right to intervene if any interactions violate these Terms or any law. 

Third-Party Platforms: If you tag us or otherwise post content on third-party platforms (like social media) as part of some Gold Silver Mart promotion or contest, those posts are subject to the third-party’s terms as well, and we might re-post or reference such content under the above license terms (with attribution to your public username).

12. Disclaimer of Warranties

“As Is” Basis: Gold Silver Mart provides the Services and all products on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, express or implied, except as expressly set forth in these Terms. Use of the Services (including any reliance on any of the information therein) is at your own risk. While we strive for accuracy and security, we do not guarantee that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. 

To the fullest extent permissible by applicable law, Gold Silver Mart disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that: (a) the products will meet your expectations or needs (for example, we do not warrant that any precious metal will hold its value or be a good investment); (b) the Services content is 100% accurate, complete, or current; or (c) the Services will be secure or free from delays, omissions, or errors. 

No Advice or Guarantee of Results: Gold Silver Mart does not provide financial, legal, or tax advice. Any statements on the Services regarding precious metals (including any informational content or customer testimonials) are for informational purposes only and not guarantees of future performance or results. We make no warranty or representation regarding the suitability of any investment or the likely outcome of any transaction. 

Product Warranties: Precious metal products are generally sold as collectibles or raw materials and not as manufactured goods with warranties. We do not independently warranty the products except that we guarantee authenticity (each gold or silver product is what we claim it is – genuine metal of stated purity and weight). If any product is found counterfeit or not as advertised, your remedy is return for a refund or replacement as detailed in these Terms. We explicitly disclaim any other warranties on the products. For example, we make no warranty that bullion coins will grade at any particular level if submitted to a grading service, or that they will appreciate in value. 

Third-Party Links and Content: Our website or communications may contain links to third-party websites or resources for your convenience (for instance, articles, charts, or affiliate offers). Gold Silver Mart is not responsible for the content, accuracy, or opinions expressed in such third-party materials, and we do not warrant or endorse any information, products, or services you may obtain from them. Clicking on third-party links is at your own risk. 

Technology Disclaimer: Although we employ reasonable measures to ensure our website and servers are secure, you understand that no data transmission or storage can be guaranteed to be 100% secure. We make no warranty that the Services are free of viruses or other harmful elements, or that any identified issue will be corrected. It is your responsibility to implement appropriate safeguards (like anti-virus, data backups, etc.). 

Jurisdictional Note: Some jurisdictions do not allow the exclusion of certain warranties. If such laws apply, some of the above disclaimers may not apply to you to the extent prohibited. In such case, the rest of the disclaimers still apply to the fullest extent permitted by that jurisdiction’s law.

13. Limitation of Liability

Limited Liability: To the fullest extent permitted by applicable law, Gold Silver Mart Corp., its owners, directors, officers, employees, agents, and affiliates (collectively, “Gold Silver Mart Parties”) shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, arising out of or related to your use of (or inability to use) the Services or products purchased through the Services. This includes, without limitation, damages for loss of profits, loss of revenue, loss of opportunity or investment gains, loss of data, business interruption, or any other intangible losses, even if we have been advised of the possibility of such damages. 

Cap on Damages: In all cases, the maximum aggregate liability of Gold Silver Mart Parties for all claims arising out of or relating to the Services or products (including liability for any and all claims of negligence, breach of contract, or otherwise) shall be the amount you actually paid to us for the product or Service that is the subject of the claim, or one hundred Canadian dollars (CAD $100), whichever is greater. For example, if your claim is related to a specific order you placed, our liability is capped at what you paid for that order. If you have not paid Gold Silver Mart for anything (for instance, if you are just browsing our website), our liability will be capped at $100. This cap is cumulative across all claims and instances. 

Allocation of Risk: The pricing of our products and Services reflects the allocation of risk and the limitations of liability stated herein. You acknowledge that absent your agreement to this limit, the terms and pricing would be different. 

Exceptions: Nothing in these Terms operates to limit or exclude any liability which cannot be legally limited or excluded, such as liability for death or personal injury caused by gross negligence, or fraud. Additionally, certain consumer protection laws may not allow the exclusion or limitation of certain damages; to the extent those laws apply, some of the above limitations may not apply to you. However, in such cases, our liability will be limited to the fullest extent permitted by law. 

Consequential Damages Waiver: You agree that Gold Silver Mart will not be liable for any failure to perform, or delay in performance of, any of our obligations (including shipping delays or unavailability of products) if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor strikes, transportation or supply chain disruptions, government orders, or network/utility outages. In any event, we shall not be liable for damages that were not reasonably foreseeable at the time you entered into this agreement. 

Release: If you have a dispute with one or more users or third parties (e.g., a carrier or a payment provider) relating to the Services or any product, you release Gold Silver Mart Parties from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

This Limitation of Liability section is a critical part of our agreement. Please read it carefully and only use our Services if you understand and agree to these terms.

14. Indemnification

You agree to indemnify, defend, and hold harmless Gold Silver Mart Corp. and its affiliates, and each of their respective officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), in which case you agree to cooperate with our defense of such claim. You shall not settle any such claim without our prior written consent unless the settlement fully and unconditionally releases the Indemnified Parties and does not require the Indemnified Parties to pay any amount or take any action. This indemnification obligation will survive any termination of your account or of the Services.

15. Dispute Resolution and Arbitration Agreement (Class Action Waiver)

Please read this section carefully. It affects your legal rights by requiring arbitration of most disputes instead of litigation in court, and by waiving your ability to bring or participate in a class or representative action. 

Agreement to Arbitrate: You and Gold Silver Mart agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any transaction involving Gold Silver Mart (collectively, “Claims”) shall be resolved through final and binding arbitration, rather than in court, except for the limited exceptions below. This arbitration agreement is governed by the federal Arbitration Act, R.S.C. 1985, c. A-2, and to the extent applicable, provincial arbitration statutes. 

Claims Covered: This agreement to arbitrate is intended to be broadly interpreted. It includes, for example, Claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. It also includes disputes about the scope or enforceability of this arbitration provision. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable. 

Exceptions – Small Claims and Injunctive Relief: Notwithstanding the foregoing, either party may choose to bring an individual action in a small claims court of competent jurisdiction for disputes or claims within the scope of small claims jurisdiction (as long as the matter remains an individual, non-class claim). In addition, both you and Gold Silver Mart retain the right to seek temporary or preliminary injunctive relief from a court of law in aid of arbitration or to prevent an imminent breach of this Agreement or an infringement of intellectual property rights. For example, if you misuse our intellectual property or violate Section 3 (Restrictions on Use), we could file a suit seeking an injunction to stop that misuse without first going to arbitration.

Class Action Waiver: You and Gold Silver Mart agree that all Claims will be resolved on an individual basis only, and not on a class, consolidated, aggregated, or representative basis. You further agree that you shall not participate in or seek to recover relief in any class, collective, or representative lawsuit or proceeding against us. Each party shall only be permitted to pursue claims against the other in their individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator has no authority to conduct any form of class or collective arbitration or to join or consolidate claims by or for individuals. If for any reason a claim proceeds in court rather than arbitration, you and Gold Silver Mart waive any right to a jury trial and agree that such court shall not conduct a class action or allow for a class-wide recovery. 

Opt-Out Right: You may opt out of this arbitration agreement if you do so within 30 days of the date you first accept these Terms (for instance, the date you first created an account or placed an order after these Terms went into effect). To opt out, you must send us a clear written notice stating your intent to opt out of the arbitration agreement. The notice must include your full name, any account username (if applicable), the mailing address associated with your account, and your intent to opt out, and must be sent to us either by email at [insert contact email] or by mail to our corporate address provided in the Contact Us section. If sent by mail, it must be postmarked within the 30-day period. If you do not opt out within the 30-day period, you will be bound by this arbitration clause. Opting out of arbitration will not affect any other provisions of these Terms (including the class action waiver which, to the extent allowed, will remain in effect in court). 

Arbitration Procedures: Arbitration will be administered by ICDR Canada (the Canadian division of the International Centre for Dispute Resolution, which is the international arm of the AAA) in accordance with its Canadian Arbitration Rules and the applicable ICDR Canada Procedures for Consumer-Related Disputes (collectively, the “ICDR Rules”). You can find more information about ICDR Canada and its rules on the ICDR website. If ICDR is unavailable or unwilling to handle the dispute, or if both parties agree, we may select an alternative reputable arbitration provider. Unless you and we agree otherwise, the arbitration shall be heard by a single neutral arbitrator. The arbitration shall be conducted in English. If the amount in controversy exceeds CAD $1,000,000, either party may elect arbitration before a panel of three arbitrators (with each side selecting one, and the two chosen arbitrators selecting the third), but in most consumer cases a single arbitrator will suffice. 

Arbitration Venue: The arbitration will be conducted in the Province of Ontario, in the City of Toronto or a location in Ontario that is reasonably convenient for both parties. If you are an individual consumer and travel to Ontario would cause you undue burden, please let us know and we will work with you to conduct the arbitration via videoconference, telephone, or other remote means to the extent permitted by the arbitrator. The parties may also mutually agree to conduct the arbitration entirely on written submissions. 

Governing Law in Arbitration: The arbitrator shall apply the laws of the Province of Ontario and the federal laws of Canada (without regard to conflicts of law principles) to the merits of any dispute or claim. The arbitrator is bound by these Terms. 

Arbitration Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by the ICDR Rules. We will pay those fees for you up to the amount of the filing fee we would pay to initiate the arbitration. If you are a consumer (using the Services for personal or household use) and can demonstrate that the cost of arbitration will be prohibitive as compared to litigation, we will pay as much of your portion of the administrative and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator may award fees and costs as provided by the ICDR Rules or applicable law; however, if you are the prevailing party in the arbitration (as determined by the arbitrator), you are entitled to recover reasonable attorneys’ fees and expenses to the extent provided under applicable law. 

Confidentiality: The arbitration proceedings, including any award, shall be confidential, except to the extent necessary to prepare for or conduct the arbitration hearing on the merits, or except as required by law or judicial decision. However, either party may file the arbitration award in a court of competent jurisdiction to enforce it or to obtain relief under the exceptions above. 

Severability of Arbitration Provisions: If any portion of this arbitration agreement (other than the Class Action Waiver) is found unenforceable, that part shall be severed, and the remaining provisions shall be enforced. If the Class Action Waiver is found to be unenforceable or unlawful (such as a determination that class arbitration could be permitted), then the entirety of this Dispute Resolution and Arbitration Agreement section shall be null and void, and in that case you and we agree that jurisdiction and venue shall be as provided in the Governing Law section below, and any claim would proceed in court appropriate for such jurisdiction. Under no circumstances, however, shall this section allow for an arbitration to proceed on a class or collective basis. 

Survival: This arbitration agreement will survive termination of your relationship with Gold Silver Mart, cessation of use of the Services, or any deletion of your account.

16. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms, the Services, or any transactions between you and Gold Silver Mart shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles that would result in the application of any other jurisdiction’s laws. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply to any sales or transactions under these Terms, and its applicability is expressly disclaimed. 

Subject to the foregoing Arbitration Agreement (Section 15), which applies to most disputes, you agree that any non-arbitrable actions or proceedings (for example, if you validly opt out of arbitration or fall within an exception allowing court litigation) shall be brought exclusively in the courts of the Province of Ontario, or (if applicable) the Federal Court of Canada, sitting in Toronto, Ontario. You and Gold Silver Mart each irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue in those courts, including any claim that such action has been brought in an inconvenient forum.

If a dispute is properly brought in court and not subject to arbitration or class waiver, you and we waive any right to a jury trial to the fullest extent permitted by law.

Notwithstanding the above, Gold Silver Mart may seek to enforce any judgment or order in your jurisdiction of residence (to collect a debt, for example). 

This Governing Law and Jurisdiction clause shall be subject to any protections or rights you have under mandatory consumer protection laws in your province or territory of residence. In other words, if you are a consumer and Ontario law would deprive you of a mandatory protection of your local law, your local law may override to that extent.

17. Privacy Alignment

As noted in the Overview and Privacy Policy sections, Gold Silver Mart is committed to handling personal information in compliance with applicable privacy laws, including Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and any relevant provincial legislation. By using our Services, you acknowledge that you have read our Privacy Policy and understand how we collect, use, and disclose your personal information in alignment with those laws. We implement reasonable administrative, technical, and physical safeguards to protect personal data, but exact details are set forth in the Privacy Policy. If there is ever a conflict between these Terms and the Privacy Policy regarding the treatment of personal data, the Privacy Policy will govern for privacy matters. 

We do not sell or share personal information with unaffiliated third parties for their own marketing, and any third-party service providers we use (payment processors, shipping companies, etc.) are contractually obligated to handle your data only for the purposes of their services and to keep it secure. Our communications practices (e.g., email and SMS consents) are intended to be aligned with privacy and anti-spam laws (as described in Section 10). For any questions about privacy, please refer to our Privacy Policy or contact us as described below.

18. Miscellaneous Provisions

Entire Agreement: These Terms of Service (together with any documents expressly incorporated by reference, such as the Privacy Policy, and any order confirmation for a specific transaction) constitute the entire agreement between you and Gold Silver Mart Corp. with respect to the Services and your transactions, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. In case of any inconsistency between these Terms and any other policies posted on our site, these Terms shall control to the extent of the inconsistency (unless the other policy specifically states otherwise). 

Modifications and Waiver: Any amendment or modification to these Terms must be made in writing and posted by Gold Silver Mart (as described under Changes to Terms in the Overview). A waiver of any term or condition shall not be construed as a further or continuing waiver of that term or any other term. Gold Silver Mart’s failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 

Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. In other words, the invalid part will be severed and the rest of the agreement remains valid. 

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Gold Silver Mart may assign or transfer its obligations at any time to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. 

Relationship of Parties: Nothing in these Terms shall be construed to create any joint venture, partnership, employment, or agency relationship between you and Gold Silver Mart beyond the purchaser-seller relationship. You do not have any authority to bind Gold Silver Mart in any respect. 

Headings: Section headings and titles in these Terms are for convenience only and have no legal or contractual effect. 

Survival: Any provisions of these Terms which by their nature should survive termination (including but not limited to limitations of liability, arbitration, indemnification, payment obligations, and intellectual property rights) shall survive any termination or expiration of these Terms or your use of the Services. 

Language: These Terms are drafted in English at the express wish of the parties. (Les présentes conditions sont rédigées en anglais selon la volonté expresse des parties.) If we provide a translation of these Terms, the English version will prevail in case of conflict. 

No Third-Party Beneficiaries: These Terms are for the benefit of you and Gold Silver Mart only, and except as expressly provided, not for any other person or entity. 

Notices: Except as explicitly provided otherwise, any notices to Gold Silver Mart shall be given by postal mail to our address provided below, and any notices to you will be given to the email address or physical address you have provided to us or by posting on the website. Notice will be deemed given 24 hours after email is sent (unless we are notified that the email address is invalid) or 3 business days after deposit in regular mail, or immediately upon posting to the website.

19. Contact Us

If you have any questions, concerns, or comments about these Terms or the Services, or if you need to provide any notice under these Terms, please contact us using the information below: 

Gold Silver Mart Corp.
970 Lawrence Ave W, Unit 801
North York, Ontario, Canada M6A 3B6
Phone: (416) 901-8100
Email: info@goldsilvermart.ca 

Our customer service team will be happy to assist you.

By using the Services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. Thank you for choosing Gold Silver Mart for your precious metals needs. We appreciate your business and trust.

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