Terms & Conditions
Thank you for visiting Northern Gold Exchange (this “Site”)! This Site is operated by Northern Cash Ltd (“we,” “us” or “our”) and allows you to: (a) participate in interactive features that we may make available such as selling your previously owned jewelry (“Jewelry”) to us for refining; or (b) simply view this Site. This Terms of Use Agreement (this “Agreement”) governs your use of this Site.
Your Use of this Site and Affirmative Representations.
When you use this Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; (d) you are 18 years of age or older; (e) you are the legal owner of any Jewelry that you sell or are attempting to sell to us; and (f) you are selling or are attempting to sell Jewelry on your own behalf and are not an agent or a representative of a third party. We reserve the right to request documentation and other proof of compliance with the requirements contained in this Section Shipping and Appraisal Process, Requesting and Accepting/Rejecting a Quote, Payment, Returns and Guaranty Against Loss.
Shipping your Jewelry to Us. To request a free, insured Canada Post Gold Pack, please complete the on-line form located on the Site, and then click the button to submit your information. Your Canada Post Gold Pack will be mailed within 24 hours to the address you entered on the on-line form.
We reserve the right, in our sole discretion, to reject delivery of any envelope or package that appears to be damaged, opened or tampered with, and we will return these envelopes or packages to you by means of Canada Post. We will have no liability to any customer for returning envelopes or packages in this manner.
Jewelry Appraisal. Upon receipt of your Jewelry, we will weigh and evaluate your Jewelry and provide you with a quote by phone. We purchase Jewelry for refining, not for resale. prices for Jewelry are based solely on the weight of your Jewelry and karat grade contained in your Jewelry, not on its potential value if resold intact. For this reason, we cannot pay for gemstones in your Jewelry.
Return of Non-Precious Items
We are unable to pay for Jewelry that does neither contain valuable precious metal (”non-precious items”). In the event that you sent us a non-precious item we will inform you bye telephone or, if you sent the non-precious item together with Jewelry that does not fall within the category of non-precious items, in the respective payment letter. Should you wish the non-precious items to be returned to you, they will be buy standard Canada Post Mail.
Disclaimers.
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF THE GOLD CHART DATA APPEARING ON THIS SITE. THIS DATA IS PREPARED BY THIRD PARTIES, AND WE INCLUDE THIS CHART ONLY FOR GENERAL INFORMATIONAL PURPOSES.
YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LI CENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. No Subornation.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SUBORNATION CLAIM BROUGHT BY THE OTHER PARTY’S INSURANCE CARRIER. EACH PARTY EXPRESSLY WAIVES ANY SUBORNATION CLAIM ON BEHALF OF ITSELF AND ON BEHALF OF ITS INSURANCE CARRIER(S).
11. Limited Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR INSURANCE CARRIER) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, THE MATERIALS OR ANY OTHER CONTENT ON THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU OR BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR PERFORMANCE OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE LESSER OF THE FOLLOWING: (A) ONE-THIRD OF THE APPRAISED VALUE OF ALL THE JEWELRY THAT YOU SUBMIT TO US, WHICH APPRAISAL WAS ISSUED BY A THIRD PARTY CERTIFIED APPRAISER PRIOR TO THE TIME YOU SHIPPED THE JEWELRY TO US; OR (B) ONE HUNDRED DOLLARS ($100).
12. Indemnity.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, your use of this Site, content on the Site or the Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
14. Independent Contractors.
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and you.
15. No Third Party Beneficiaries.
This Agreement is between you and us. There are no third party beneficiaries to this Agreement.
16. Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Non-Waiver.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
18. Severability.
Te parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
19. Assignment.
You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.
