Website Terms & Conditions

These Terms and Conditions (the "Terms") govern your access to and use of the website located at jwlcrownmetals.ca (the "Site") and the purchase of any products offered for sale on the Site. The Site is owned and operated by JWL Crown Metals Inc. ("JWL Crown Metals", the "Company", "we", "us", or "our"), a corporation incorporated under the Canada Business Corporations Act and carrying on business from the Province of Ontario, Canada.

In these Terms, "you", "your", and "Customer" mean the person accessing the Site or placing an Order and, where that person acts for a business, the business on whose behalf they act.

By accessing or using the Site, creating an account, or placing an Order, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the provisions governing electronic communications (Section 20), your personal information (Section 21), and cookies (Section 22). If you do not agree, you must not access or use the Site or place an Order.

You will be required to signify your acceptance of these Terms by clicking "I agree" (or similar) before completing an Order. You agree that this constitutes your electronic signature and that these Terms form a binding agreement between you and the Company.

In these Terms:

1. "Consumer Protection Legislation" means the Consumer Protection Act, 2002 (Ontario) and its regulations, as amended from time to time, together with any successor or replacement legislation and regulations, including the Consumer Protection Act, 2023 (Ontario) and its regulations once in force, and any other consumer protection legislation applicable to you.
2. "Crown Vault" means the optional storage service under which Products purchased by you are held in safekeeping rather than delivered to you, as more particularly governed by the Storage Agreement.
3. "Order" means an offer submitted by you through the Site to purchase one or more Products.
4. "Products" means the bullion, coins, collectables, and other precious-metal, base-metal, and related items offered for sale on the Site from time to time.
5. "Spot Price" means the prevailing market price for the relevant precious metal as quoted on the applicable recognized market.
6. "Storage Agreement" means the separate "Bailment and Storage Agreement" governing the Crown Vault, as amended from time to time.
7. "Third-Party Providers" means the third-party service providers we engage in connection with the Site and the fulfilment of Orders, including our payment processor and our shipping carrier(s).

You must be at least the age of majority in your province or territory of residence (18 years of age in Ontario) and have the legal capacity to enter into a binding contract.

The Site is directed to customers located in Canada, and we currently sell and ship only to addresses within Canada. We make no representation that the Site or the Products are appropriate or available for use or purchase outside Canada.

You must not access the Site or place Orders in a manner that would breach any export-control, sanctions, or import law, and you are responsible for compliance with all laws applicable to you if you access the Site from outside Canada.

We may refuse access to the Site, decline to open or maintain an account, or decline any Order, at our sole discretion, to the fullest extent permitted by law.

Certain features or purchases may require you to create an account. You agree to provide accurate, current, and complete information when registering and to keep that information up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

You acknowledge that we, or our Third-Party Providers, may be required to collect and verify identity and other information about you before processing certain transactions, and that provision of that information is a condition of purchase (see Section 17).

We endeavour to describe each Product accurately, including its weight, technical specifications, condition, and any applicable certifications or markings, together with a brief description. Where a Product bears a purity or quality mark or a manufacturer's or third-party certification, that mark or certification is provided by the manufacturer or certifying body, and we pass it through to you in good faith without independently assaying or re-certifying the Product except as expressly stated.

Product images are photographs of the actual item offered for sale. Notwithstanding, minor variations may arise from photographic conditions, lighting, and the display settings of your device, and such variations do not constitute a defect or a misdescription.

Coins, collectables, and numismatic items are sold on the basis of the description and images provided. Any grade, attribution, rarity, or condition designation assigned by a third-party grading or certification service reflects that service's opinion and is not our representation or warranty.

We do not guarantee that any third party will assign the same grade or valuation, and grading opinions, catalogue values, and collector premiums are inherently subjective and may change. You are responsible for satisfying yourself as to the grade, authenticity, and desirability of any collectable Product before purchase.

You acknowledge and agree that:

1. the value of precious metals and collectables fluctuates and may rise or fall, sometimes significantly and rapidly;
2. past performance is not indicative of future results;
3. we make no representation as to the future value, liquidity, or resaleability of any Product;
4. nothing on the Site constitutes investment, financial, tax, or legal advice, and you should obtain independent advice before purchasing; and
5. you purchase Products entirely at your own risk and based on your own judgment or that of your own advisers.

Prices for Products are as listed on the Site at the time of purchase, are stated in Canadian dollars (CAD), and are exclusive of applicable taxes and shipping charges, which will be added at checkout at the rates published on the Site unless otherwise stated.

Precious-metal prices are volatile and fluctuate with the Spot Price. Prices displayed on the Site are subject to change at any time without notice up to the moment your Order is accepted and payment has been received in full and cleared. Adding a Product to a cart or submitting an Order does not lock in a price.

The Site may contain typographical errors, inaccuracies, or omissions relating to Product descriptions, pricing, availability, images, promotions, or Spot Price references. We reserve the right to correct any such error, to change or update information, and to cancel or decline any Order affected by an error, at any time and even after an Order has been submitted or acknowledged, whether or not payment has been processed. If we cancel an Order for this reason after payment, we will refund the amount you paid for the affected Product as your sole and exclusive remedy.

Quotations are not available through the Site. Any price we may provide in response to an email inquiry is an estimate only, remains open for 24 hours from the time it is issued (unless withdrawn earlier), is subject to change with movements in the Spot Price, and does not constitute an offer capable of acceptance so as to bind us until confirmed by us in writing and paid in full.

Your submission of an Order is an offer by you to purchase the Product on these Terms. All Orders are subject to acceptance by us.

An acknowledgment of your Order (for example, an automated order-received email) does not constitute acceptance. A binding contract of sale is formed when we issue a confirmation accepting your Order for fulfilment or, where applicable, confirming that the Product has been allocated to your Crown Vault (an "Order Confirmation"). Payment of the price in full is due immediately on formation of the contract, time being of the essence, and your obligation to pay in full is a fundamental term of the contract. We are not obliged to ship any Product, or to allocate any Product to your Crown Vault, until we have received payment in full and the payment has cleared.

Before we issue an Order Confirmation, no contract exists and we may decline your Order for any reason permitted by law. Even after a contract has formed, we may cancel it, to the extent permitted by law, for any of the following reasons: unavailability of stock, pricing or description error, suspected fraud, or an inability to complete required identity verification or screening. Where we cancel under this paragraph and you are not in default, we will refund any amount you have paid for the affected Product as your sole and exclusive remedy; where you are in default, our rights under Sections 10 and 11 apply.

We do not accept deposits and do not hold or reserve Products pending payment through the Site. Products remain available for sale to others until we issue an Order Confirmation. If you do not pay in full when due, we may resell the Product and recover any Market Loss and other amounts under Section 11.

We do not accept deposits and do not hold or reserve Products pending payment through the Site. Products remain available for sale to others until an Order is accepted and paid in full.

We may, at our discretion and to the extent permitted by law, limit or cancel quantities purchased per person, per household, or per account, or per Order, and may decline or limit Orders that appear to be placed by dealers or resellers or for resale. We may require additional information before accepting any Order.

Payment on the Site is processed through our Third-Party Provider payment processor. By submitting payment, you authorize the charge and represent that you are authorized to use the payment method. Your use of the payment processor's services is subject to that provider's own terms and privacy practices, over which we have no control and for which we are not responsible.

Title to a Product does not pass to you until we have received payment in full and the payment has cleared. Risk of loss or damage passes separately, in accordance with Section 14 (for delivered Products) or the Storage Agreement (for Products placed in the Crown Vault), and may pass before or after title.

If any payment fails, is reversed, is charged back, or does not clear for any reason, we may immediately cancel the affected Order or contract, withhold or cancel delivery or Crown Vault allocation, and pursue all available remedies. Where a contract has formed and you fail to pay in full when due, time being of the essence, we may cancel and resell the Products and recover from you all resulting losses and costs, including any Market Loss under Section 11.

You agree not to initiate any chargeback, payment reversal, or dispute except in respect of a demonstrable unauthorized transaction or a right you have under applicable law, and to contact us first to resolve any billing concern. We reserve all rights and remedies in respect of wrongful chargebacks, including recovery of the amount and reasonable costs.

Because Product prices are tied to the volatile Spot Price, if you cancel, fail to pay, reverse a payment, or otherwise default after a price has been confirmed or an Order accepted, you are responsible for our "Market Loss", in addition to the cancellation and restocking charges in Section 19.1. Market Loss means the amount, if any, by which the price you agreed to pay exceeds the price at which we are able to resell or re-hedge the Product at the prevailing market at the time of your cancellation or default. You will not be credited or entitled to any market gain if the market moves in the opposite direction. We may set off Market Loss and related charges against any amount otherwise refundable to you.

Prices are exclusive of applicable federal and provincial taxes unless stated otherwise. You are responsible for all sales, goods and services, harmonized, excise, or similar taxes applicable to your purchase, which will be calculated based on your delivery or billing location and added at checkout. Investment-grade bullion meeting the prescribed purity may be exempt; copper, other base metals, coins, collectables, jewelry, and numismatic items may be taxable. Any tax classification shown on the Site is applied in good faith and does not constitute tax advice.

All Products are offered subject to availability. We do not warrant that any Product shown on the Site is in stock at the time you view it. If a Product becomes unavailable after your Order, we may cancel the affected portion of the Order and refund the amount paid for it as your sole remedy, or, with your consent, supply an equivalent Product.

All Orders (other than Products placed in the Crown Vault) are fulfilled by mail or courier. All shipments require tracking and a signature on delivery. Delivery and signature requirements do not affect the point at which risk passes, which is governed by the risk provision below.

We currently ship using Canada Post and may change or use alternative carriers at our discretion, including where necessary to address service disruptions, labour action, or an expansion of our shipping destinations.

Shipping Charges. A flat-rate shipping and handling charge applies to each Order and is as published on the Site at the time of purchase. The shipping charge for an Order fulfilled by immediate shipment and the shipping charge for an Order placed in the Crown Vault may differ; the applicable rate for each is as published on the Site. Shipping charges are payable at the time of purchase and are non-refundable once paid, regardless of whether the Order is subsequently cancelled (without prejudice to any non-excludable statutory cancellation right), returned, or otherwise not completed, except as required by applicable law. The published shipping charge is based on standard shipping conditions. If the actual cost of shipping exceeds the published rate, whether due to the nature, size, weight, or volume of the Products, the delivery destination, carrier surcharges, changes in carrier rates, or any other factor, you are responsible for paying the difference before shipment. We will notify you of any such adjustment, and payment is due within twenty-four (24) hours of the notice. No downward adjustment, credit, or refund is payable if the actual cost of shipping is less than the charge paid. We reserve the right to change the published shipping charges at any time by updating the rates on the Site; any such change applies only to Orders placed after the change takes effect. For Orders placed in the Crown Vault, the shipping and storage fees are as set out in the Storage Agreement.

Delivery time estimates are estimates only and are not guaranteed. We are not liable for delays caused by the carrier or by events beyond our reasonable control (see Section 30).

Risk of loss or damage to a Product passes to you as follows:

1. if you are not a consumer within the meaning of the Consumer Protection Legislation, when we hand the Product to the carrier for shipment to you;
2. if you are a consumer, on delivery, being when the shipment is signed for, or when you or a person you authorize otherwise takes physical possession of the Product, at the delivery address.

Whether or not you are a consumer, where delivery is delayed or does not occur, or a Product is lost, stolen, or damaged, because you supplied an incorrect or incomplete delivery address, because no authorized person was available to receive and sign for the shipment, or because you refused, failed to accept, or failed to claim delivery, risk passes to you at the time delivery is first attempted, and we are not responsible for any resulting loss, theft, damage, or delay. You are responsible for providing a complete and accurate delivery address and for ensuring that an authorized person is available to receive and sign for the shipment. We are not responsible for loss, theft, or damage to a Product after risk has passed to you. Where risk has not passed to you and a Product is lost, stolen, or damaged before delivery, your sole and exclusive remedy, and our entire liability, is, at our option, to resend an equivalent Product or to refund the amount you paid for the affected Product in accordance with the Refunds provision in Section 19.

Nothing in this Section limits any non-excludable right you have as a consumer, including any right to a refund if a Product is not delivered within the period required by the Consumer Protection Legislation.

You must inspect each shipment on delivery and notify us of any loss, shortage, or visible damage within 48 hours of delivery (or such longer period as applicable law requires), failing which the Products are deemed to have been delivered in the described condition, without prejudice to your non-excludable statutory rights.

If a shipment is returned to us as undeliverable, refused, or unclaimed, we will contact you to arrange re-delivery, which may be subject to additional shipping charges. We are not responsible for loss or delay caused by an incorrect or incomplete address supplied by you or by your failure to accept delivery, and, for greater certainty, risk in those Products has passed to you under Section 14, so any re-delivery is at your risk and expense. Products that remain unclaimed after reasonable attempts to contact you may be dealt with in accordance with applicable law.

At checkout you may elect to have eligible Products held in the Crown Vault rather than delivered to you. Where you make that election, the storage, custody, insurance, access, fees, liens, risk allocation, and release of those Products are governed by the separate Storage Agreement, which you must enter into and which prevails over these Terms in respect of stored Products to the extent of any conflict. The Storage Fee and the Shipping Fee applicable to Crown Vault Orders are as published on the Site, are payable at the time of the first Order allocated to the Crown Vault, and are governed by the Storage Agreement.

These Terms govern the sale of the Product; the Storage Agreement governs its subsequent custody. Placing a Product in the Crown Vault does not create any obligation on us to repurchase, buy back, redeem for cash, or trade the Product, and confers no interest other than the safekeeping of the specific Product as set out in the Storage Agreement.

You acknowledge that we operate in a regulated sector and may be required by law to verify your identity, determine whether you are acting on behalf of a third party, screen you against sanctions and other designated-person lists, and keep records of, monitor, and report transactions.

As a condition of purchase, you agree to provide, and to permit us and our Third-Party Providers to collect and verify, such identification and information as we consider necessary or as may be required by applicable law. We may refuse, delay, suspend, or cancel any Order or transaction, and may decline to establish or continue a business relationship, where required identification or information is not provided or cannot be verified, or where we consider it necessary or prudent to do so.

You represent and warrant, each time you place an Order, that:

1. you are acting on your own behalf, or have disclosed to us in writing that you are acting on behalf of another person or entity and the identity of that person or entity;
2. you are not a person or entity, and are not acting for or on behalf of a person or entity, that is the subject of any sanctions or is listed under any applicable law; and
3. no funds used by you are derived from, and no transaction is undertaken in furtherance of, any unlawful activity.

Where we refuse, delay, suspend, cancel, or report a transaction under this Section or in connection with legal obligations, we do so without liability to you, and, where disclosure is restricted by law, we may be unable to give reasons.

We may use fraud-screening tools and may verify Order, payment, and delivery details before accepting or fulfilling an Order. We may place an Order on hold, request additional verification, or cancel an Order where we reasonably suspect fraud, unauthorized use of a payment method, or a breach of these Terms, without liability to you.

Cancellation by you before shipment. You may cancel an Order at any time before the Product is shipped or, for a Product placed in the Crown Vault, before it is allocated to your Crown Vault. A cancellation charge and a restocking fee of 15 per cent (15%) of the Order value (or 10 dollars ($10), whichever is greater) will apply to reflect our administrative costs and exposure to Spot Price movement, in addition to any Market Loss under Section 11. We may set off these charges against any refund due. Shipping charges paid at the time of purchase are non-refundable upon cancellation, except as required by applicable law.

After shipment or allocation. Once a Product has been shipped or allocated to your Crown Vault, the sale is final and the Product is yours, and no cancellation, return, or exchange is available, except as required by applicable law or as we may otherwise agree in writing. For greater certainty, no refund or credit of shipping charges or storage fees is available once a Product has been allocated to the Crown Vault.

No returns pending assay capability. Because we cannot verify the purity or integrity of a Product once it has left our custody, we do not currently accept returns or exchanges of delivered Products. We may introduce a limited returns process once we have appropriate assay or analysis capability; any such process will apply only to Products returned in their original, unopened, tamper-evident packaging and condition, and on the terms then published.

Your statutory rights. Nothing in these Terms limits or excludes any right or remedy you have that cannot lawfully be limited or excluded, including your rights under Consumer Protection Legislation where you are a consumer. Among other things, if you are a consumer purchasing under an internet agreement, you may have a statutory right to cancel the agreement in prescribed circumstances (for example, where required information was not disclosed to you, where you were not given an opportunity to accept, decline, or correct errors before entering into the agreement, or where a required copy of the agreement was not provided), and a right to cancel and obtain a refund if a Product is not delivered within thirty (30) days of the promised delivery date. To exercise a statutory cancellation right, notify us in a manner that allows you to prove the date of notice, and we will provide any refund required by law within the period the law prescribes.

Service and transactional messages. By creating an account or placing an Order, you agree that we may send you non-marketing electronic messages necessary to give effect to, complete, or confirm a transaction or to provide account, security, warranty, safety, or legal notices, including order confirmations, payment and identity-verification communications, shipping and delivery updates, and Crown Vault confirmations. You may not opt out of these messages while you hold an account or have an active Order, as they are required to administer your dealings with us.

Marketing messages and express consent. We will send commercial electronic messages such as newsletters, promotions, product announcements, and Spot Price or price-movement alerts only where you have given consent that satisfies applicable law, including Canada's Anti-Spam Legislation ("CASL"). Where you provide an electronic address in the course of purchasing or inquiring about a Product, you agree that we may send you commercial electronic messages relating to similar Products to the extent permitted by CASL, until you withdraw consent.

Content of messages. Every commercial electronic message we send will identify us, provide valid contact information, and include an unsubscribe mechanism.

Withdrawal. You may withdraw consent to commercial electronic messages at any time using the unsubscribe mechanism in any such message or by contacting us at jwlcrownmetals@gmail.com. We will give effect to a withdrawal within the period required by law. Withdrawal of consent to marketing messages does not affect the service and transactional messages described in Section 20.1.

Consent to transact electronically. You consent to transact and communicate with us by electronic means and agree that electronic records, communications, and signatures satisfy any legal requirement that a communication or record be in writing or be signed. You are responsible for maintaining a current electronic address and a device capable of receiving our communications.

Application. This Section describes how we collect, use, disclose, and safeguard your personal information and forms part of these Terms. We handle personal information in a manner consistent with the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA") and other applicable privacy law. By using the Site, creating an account, or placing an Order, you consent to the collection, use, and disclosure of your personal information as described in this Section.

Information we collect. We may collect:

1. identity information, including your name, date of birth, address, and government-issued identification, and, where you act for a business, beneficial-ownership and authorization information;
2. contact information, including email address and telephone number;
3. transaction and delivery information, including Orders, amounts, and shipping details;
4. payment information, which is collected and processed by our payment processor and to which we have only limited access;
5. account credentials; and
6. technical and usage information, including IP address, device and browser data, and information collected through cookies and similar technologies as described in Section 22.

Purposes. We collect, use, and disclose personal information only for the following purposes and for purposes consistent with them:

1. to process, fulfil, and confirm Orders and administer the Crown Vault;
2. to verify your identity and screen against sanctions and designated-person lists, to prevent, detect, and investigate fraud, and to meet our record-keeping, monitoring, and reporting obligations as a dealer in precious metals and precious stones;
3. to process payments; to communicate with you under Section 20;
4. to operate, secure, and improve the Site;
5. to establish, exercise, or defend legal claims; and
6. to comply with applicable law, including anti-money-laundering, sanctions, and tax law.

Consent and its limits. We obtain your consent to collect, use, and disclose personal information, except where the collection, use, or disclosure without consent is permitted or required by law. You acknowledge that certain information, in particular identity information and the information described in Section 17, is required by law and to complete a transaction, and that we may collect, use, disclose, and retain that information regardless of any withdrawal of consent, and may decline or discontinue dealing with you if it is not provided.

Disclosure to service providers and others. We may disclose personal information to:

1. service providers who perform functions on our behalf, including our payment processor, shipping carriers, and identity-verification, fraud-screening, hosting, and analytics providers;
2. our professional advisers;
3. government authorities, regulators, law-enforcement agencies, and courts, where required or permitted by law, including reports to the Financial Transactions and Reports Analysis Centre of Canada ("FINTRAC"); and
4. a purchaser or successor in connection with a sale, financing, reorganization, or transfer of all or part of our business or assets, subject to appropriate confidentiality arrangements.

We require our service providers to protect personal information and to use it only for the purposes for which it was disclosed.

Transfers and processing outside Canada. Some of our service providers, including our payment processor, may store or process personal information outside the Province of Ontario or outside Canada, including in the United States. Personal information processed in another jurisdiction is subject to the laws of that jurisdiction, including lawful requests for access by courts, law enforcement, and other authorities. By using the Site and providing your information, you consent to this transfer and processing.

Retention. We retain personal information only as long as necessary to fulfil the purposes for which it was collected and to satisfy our legal, regulatory, accounting, and reporting obligations, including record-retention obligations under anti-money-laundering and tax law, after which we destroy, erase, or de-identify it.

Safeguards. We maintain physical, organizational, and technological safeguards appropriate to the sensitivity of the personal information to protect it against loss and unauthorized access, use, or disclosure. No method of transmission or storage is completely secure, and, except to the extent liability cannot lawfully be excluded, we do not guarantee absolute security. You are responsible for safeguarding your account credentials and for the security of the devices and networks you use to access the Site.

Incident handling. In the event of a breach of security safeguards involving your personal information, we will respond in accordance with applicable law, including any applicable obligation to report and to notify.

Access and correction. Subject to applicable law, you may request access to the personal information we hold about you and request correction of inaccuracies by contacting us at jwlcrownmetals@gmail.com. We may require verification of your identity before responding and may decline a request where permitted or required by law.

De-identified and aggregated information. We may create de-identified, anonymized, or aggregated information from personal information and may use and disclose that information for any lawful purpose, provided it does not identify you.

Contact. Questions, requests, and complaints regarding personal information may be directed to our Privacy Officer at jwlcrownmetals@gmail.com. If a concern is not resolved to your satisfaction, you may contact the Office of the Privacy Commissioner of Canada.

Preservation of rights. Nothing in this Section limits or waives any right you have under PIPEDA or other applicable privacy law that cannot lawfully be limited or waived.

We use cookies and similar technologies to operate the Site, keep you signed in, remember your preferences, secure the Site and detect fraud, and understand and improve how the Site is used. Some cookies are strictly necessary for the Site to function; others are functional or analytical.

You may control or disable cookies through your browser settings. If you disable strictly necessary cookies, parts of the Site, including checkout and account features, may not function. Where required by law, we will obtain your consent to non-essential cookies before they are set, and your continued use of the Site after being presented with our cookie notice constitutes consent to the extent permitted by law.

All content on the Site, including text, images, graphics, logos, trademarks, and the selection and arrangement thereof, is owned by or licensed to the Company (i.e., JWL Crown Metals Inc.) and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for the purpose of viewing and purchasing Products for your own use.

You may not copy, reproduce, republish, scrape, distribute, or create derivative works from any part of the Site except as expressly permitted, without our prior written consent.

If the Site permits you to submit reviews, comments, or other content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable licence to use, reproduce, publish, and adapt that content in connection with our business. You represent that your content is accurate, lawful, and does not infringe any third-party right, and you must not post unlawful, defamatory, or misleading content. We may remove any content at our discretion.

Any feedback or suggestions you provide may be used by us without restriction or obligation.

You agree not to:

1. use the Site for any unlawful or fraudulent purpose;
2. interfere with or disrupt the Site or its security;
3. access the Site by automated means (including scraping or harvesting) except as we expressly permit;
4. attempt to gain unauthorized access to any account, system, or data; or
5. use the Site to transmit malicious code or misleading information.

We may suspend or terminate your access, and cancel any affected Order, if we reasonably believe you have breached this Section or these Terms.

Any promotion, discount code, or prepaid purchase card is subject to its own posted terms, may be withdrawn or amended, may not be combined unless stated, and has no cash value except as required by law. We reserve the right to decline or cancel Orders that misuse a promotion.

Except for warranties and conditions that are implied by law and that cannot lawfully be excluded, and to the fullest extent permitted by applicable law, the Site and the Products are provided on an "as is" and "as available" basis, and we expressly exclude all representations, warranties, conditions, and terms, whether express or implied, statutory or otherwise, including any implied warranties or conditions of merchantability, merchantable quality, durability, and fitness for a particular purpose.

We do not warrant that the Site will be uninterrupted, secure, or error-free, that information on the Site (including Spot Price references and availability) is accurate, complete, or current, or that the Site is free of harmful components.

Nothing in this Section operates to exclude or limit the implied conditions and warranties deemed to apply under applicable Consumer Protection Legislation in respect of a consumer, or any other liability that cannot lawfully be excluded.

To the fullest extent permitted by applicable law, and subject to Section 28.3, in no event will the Company, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business, opportunity, anticipated savings, or loss arising from movements in the Spot Price or the value of any Product, however caused and whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, and subject to Section 28.3, our total aggregate liability arising out of or in connection with these Terms and any Order, whether in contract, tort (including negligence), or otherwise, will not exceed the amount you paid to us for the Product giving rise to the claim.

Nothing in these Terms excludes or limits our liability for our gross negligence or wilful misconduct, or for anything that cannot lawfully be excluded or limited, including liability under non-excludable provisions of Consumer Protection Legislation. Where liability cannot be excluded but may be limited, our liability is limited to the minimum extent permitted by law.

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Company and its directors, officers, employees, and agents from and against any claims, liabilities, losses, damages, and reasonable costs (including legal fees) arising out of or in connection with:

1. your breach of these Terms;
2. your violation of any applicable law;
3. any inaccurate or incomplete information you provide, including delivery details and identity information; or
4. your misuse of the Site.

This Section does not apply to the extent a loss results from our own gross negligence or wilful misconduct, and does not apply to a consumer to the extent such an indemnity is prohibited by law.

We are not liable for any failure or delay in performing our obligations where the failure or delay results from any cause beyond our reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, civil unrest, terrorism, governmental or regulatory action, failure or disruption of telecommunications, utilities, or payment systems, postal or carrier interruptions or labour action, fire, flood, earthquake, explosion, disruption of supply chains, cyberattack, data breach, or any other event or circumstance beyond our reasonable control. Our obligations are suspended for the period of the force majeure event.

The Site relies on Third-Party Providers and may contain links to third-party websites. We are not responsible for the acts, omissions, content, products, services, terms, or privacy practices of any third party, and your dealings with them are solely between you and the third party.

If you have a concern or complaint, please contact us first at jwlcrownmetals@gmail.com so we can try to resolve it. You agree to give us a reasonable opportunity to resolve any dispute informally before commencing proceedings. This Section does not limit any right you must exercise within a statutory time period.

These Terms and any Order are 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-laws principles.

Subject to any non-excludable right you have as a consumer, you agree that the courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or any Order, and you attorn to that jurisdiction.

Any claim must be commenced within the limitation period prescribed by the Limitations Act, 2002 (Ontario). Nothing in these Terms purports to extend or, except as permitted by law, shorten that period. For claims arising out of or in connection with the Crown Vault or the storage, custody, safekeeping, release, or shipment of Products from the Crown Vault, the limitation period set out in the Storage Agreement applies.

[Business customers only.] If you are not a consumer within the meaning of Consumer Protection Legislation:

1. any dispute not resolved under Section 32 will be finally resolved by arbitration before a single arbitrator, with the seat of arbitration being Toronto, Ontario, conducted in English under the Arbitration Act, 1991 (Ontario), provided that any in-person hearing may be held, at the arbitrator's direction or by agreement of the parties, at any location in Ontario within 150 kilometres of Toronto City Hall or by videoconference;
2. the arbitration will be conducted in a cost-effective and expeditious manner, and the fees required to commence and conduct it will not be set so as to make the process inaccessible; and
3. to the fullest extent permitted by law, you agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.

In any proceeding (including arbitration) arising out of or in connection with these Terms or any Order, the prevailing party is entitled to recover its reasonable legal fees and disbursements from the other party, to the extent permitted by applicable law and subject to the discretion of the court or arbitrator.

This Section does not apply to consumers and does not limit any right that cannot lawfully be waived. If the waiver in (c) is held unenforceable, it will be severed and the agreement to arbitrate in (a) will remain in full effect.

We may amend these Terms at any time by posting the amended Terms on the Site with a revised "Last updated" date. Amendments take effect when posted, except where a longer notice period is required by law. The Terms that apply to an Order are those in effect when your Order is accepted.

We may modify, suspend, or discontinue all or part of the Site at any time without liability, to the extent permitted by law.

Entire agreement. These Terms and, for stored Products, the Storage Agreement, constitute the entire agreement between you and us in respect of their subject matter and supersede all prior understandings.

Severability. If any provision is held invalid or unenforceable, it will be severed and the remaining provisions will continue in effect, and the invalid provision will be read down to the minimum extent necessary to make it enforceable.

No waiver. No failure or delay by us in exercising a right is a waiver of that right.

Assignment. You may not assign these Terms without our prior written consent. We may assign or transfer our rights and obligations to a successor or affiliate.

Set-off and time of the essence. Time is of the essence in respect of your payment obligations. We may set off any amount you owe us against any amount we owe you. You may not withhold or set off any amount without our written consent, except as required by law.

Notices. We may give notice to you by email or by posting on the Site. You may contact us at jwlcrownmetals@gmail.com.

Enurement and third-party beneficiaries. These Terms enure to the benefit of and bind the parties and their permitted successors and assigns. Our directors, officers, employees, and agents may rely on and enforce the disclaimer, limitation-of-liability, and indemnity provisions (Sections 27, 28, and 29) as third-party beneficiaries; no other person has any right to enforce these Terms.

Interpretation. Headings are for convenience only and do not affect interpretation. "Including" and "includes" mean "including without limitation". References to legislation include amendments and successor legislation.

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que la présente convention et tous les documents s'y rattachant soient rédigés en anglais.

Survival. Termination or expiry of these Terms, closure of your account, and completion or cancellation of any Order do not affect any provision that by its nature is intended to survive, and any right or obligation that has accrued before that time continues in force. Without limiting the foregoing, the following survive: Section 2 (Definitions, to the extent needed to interpret any surviving provision); Sections 5 and 6 (Product, numismatic, and grading disclaimers, as to Products sold); Section 7 (Acknowledgment of Market Risk); Section 10 (Payment, including title, risk, chargebacks, and set-off); Section 11 (Market Loss); Section 12 (Taxes); Section 14 (delivery risk allocation and inspection and notice requirements); Section 15 (Undeliverable, Refused, and Unclaimed Shipments); Section 16 (Crown Vault); Section 17 (Identity Verification, Anti-Money-Laundering, and Sanctions); Section 18 (Fraud Prevention and Order Verification); Section 19 (Cancellations, Returns, Exchanges, and Refunds, including your preserved statutory rights); Section 20 (consent to electronic records and communications, and marketing consent and its withdrawal); Section 21 (Personal Information and Privacy); Sections 23 and 24 (Intellectual Property and User Content, Reviews, and Feedback, including the licences granted to us); Section 25 (Acceptable Use, as to accrued obligations); Section 26 (prepaid purchase cards, while any remains outstanding); Section 27 (Disclaimers); Section 28 (Limitation of Liability); Section 29 (Indemnity); Section 30 (Force Majeure); Section 31 (Third-Party Services and Links); Section 32 (Complaints and Informal Resolution); Section 33 (Governing Law and Disputes); and Section 35 (General).