Terms and Conditions

Our policy is to keep very simple terms and conditions for our clients. We expect all our clients to deal with integrity and honesty.

Please Read Carefully

BEFORE USING WWW.XAU.CA, YOU MUST READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. PLEASE READ THE FOLLOWING CAREFULLY.

BY VISITING OR USING THIS WEBSITE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.

These Terms and Conditions of Use were last updated on May 23rd, 2024
Our policy is to serve our clients under straightforward terms and conditions.  We expect all our clients to deal with integrity and honesty.

1. Definitions

Where used in these Terms and Conditions of Use, the following terms have the meaning given to them below:

  • “Account” means any account you may create or be required to create with us to engage in a Service or otherwise use this site.
  • “Business Day” shall mean our operational hours, between 8:30 am and 4:30 pm, every day, excluding weekends and statutory holidays observed in Ontario.
  • “Customer” means every User who enters into a transaction to purchase a Product from Us by using this site.
  • “EGR”, “Seller”, “we”, “us,” and “our” means Express Gold Refining Ltd. and related companies that are authorized to deal in bullion and their directors and employees.
  • “Locked-in” refers to when a purchase transaction is confirmed, and the price is fixed. The price is calculated based on the spot price at the transaction’s time and locked in regardless of market fluctuations.
  • “Products” means items offered for sale on our online store, including precious metals, refined and unrefined jewelry, and other goods related to the precious metals industry.
  • “Service” means any transaction, whether completed or not, for the purchase of a Product by a User from us through the site.
  • “Site” means the website located at www.xau.ca.
  • “Terms” means these Terms and Conditions of Use, as amended by us occasionally and posted on our site.
  • “User” or “you” means every visitor to, or User of, this site and includes every Customer.

2. Agreement

These Terms constitute a binding agreement between you and EGR.

EGR is in Toronto, Ontario, Canada, and it provides this site as a platform for users to learn about our business and engage in services with us.

If you are a User, these Terms apply to you. If you disagree to be bound by these Terms, you should not use this Site or any Services.

Any part of these Terms may be changed at any time by us posting amended Terms on the site without further notice. If you consider any such amendments unacceptable, you may not continue to use the Site or any Service. Your continued use of the Site or any Service after any amendment to these Terms is posted on the Site constitutes your agreement with the amendment. Please check the site regularly for updates to these Terms.

3. Account Registration

You may first need to sign up and create an account to use a service on this site.

By registering an Account with us, you agree to provide us with accurate information about yourself as requested on our applicable Account sign-up page, including your email address, username, and password and, depending on the type of account, your mailing address, credit card and other payment information. We collect, store, use, safeguard and disclose the personal information you provide us with by our Privacy Policy, which is available at www.xau.ca/privacy-policy/.

Individuals are required to be 18 years old or older to sign up for an Account. By registering an Account with us, you guarantee and represent that the Personal Information you provide us with is accurate and that you are 18 or older.

You are responsible for using your account and keeping your account password confidential. You agree not to provide your Account password to anyone except us. If you suspect your account is compromised at any moment, please immediately contact us at [email protected].

By opening an Account, you agree to receive administrative communications from us regarding your Account and our Services. You may also choose to receive promotional electronic messages from us. You can opt out of receiving promotional or non-essential communications from us anytime.

You may terminate your account with us at any time.
If you wish to delete your account, please email us at [email protected] to inform us of your account deletion. On termination of your account, you will no longer be permitted to use any of our associated Services and lose all access to your account.

4. Purchase Policy

Regarding purchasing any Product from EGR through the site, the sale price offered to the Customer is locked in, and the transaction cannot be cancelled once we have issued a confirmation number. After you have paid your order in full, we will gladly buy back your order, even if you have not yet received the delivery of your Products.

5. Payment

When buying any Product from us through the site, your final price is locked in, and your order cannot be cancelled once we have issued a confirmation number. Payment must be made within 24 hours of the purchase being confirmed, and EGR has published and received a confirmation number.

When you click the [X] button on the site for a particular purchase, you enter into a legally binding agreement to purchase the product at the locked-in price.

6. Order Confirmation and Invoice

After you place an order to purchase the product on our site, we will email you written confirmation of your order to the email address you provided for your account.

It is your responsibility to ensure that you can receive all emails from us, complete with any attachments, in furtherance of this agreement. We recommend you adjust any spam or junk-mail filters accordingly.

7. Payment Policy

A. payment shall be in Canadian Dollars or US Dollars only.

Please note: Any order over C$3000 requires proof of ID. However, EGR holds the right to request more information for compliance purposes. Please rest assured all information is for office records only, and none will be disclosed or shared with any third party except where required by law or as set out in our Privacy Policy, which is available here. While cooperating with law enforcement, we may be required to disclose some or all your personal information regarding your use of the site, and you, as a result, agree to such disclosure.

B. Methods of Payment

EGR accepts the following methods of Payment for Services provided on the website:

  • Bank Wire – You can send a wire from your financial institution. We have accounts with the Bank of Nova Scotia and CIBC. Once your transaction is verified, we will send you instructions. Please note that all incoming wires will hold a minimum 5-day hold. Wires must be initiated from the same entity (person or company) doing the transactions. If the information does not match, this will cause delays in processing your transactions. Wires must come from the same account as the person receiving the delivery of products.

  • E-Transfer / Interac Transfer – You can make multiple payments through e-transfer. If you make regular payments towards your purchase, we will hold off on your Product until Payment is completed. Please provide your order number for all the transfers. E-transfers must be initiated by the same entity (person or company) doing the transactions. Payments must come from the same account as the person receiving the delivery of products.

  • You can pay, but there will be an additional fee (%4) for using their service. If your account is not verified or eligible for vendor protection, we will hold the goods for at least 2 weeks before delivery.

  • Credit Card / Visa Debit Card – Even though we are using the PayPal platform for payments with a credit card or Visa debit card, you don’t have to have a PayPal account; only choose PayPal as the payment method and after clicking on “Pay with a credit or Visa Debit card.” An additional fee (%4) for using the PayPal service. We only accept credit cards issued in Canada, and for those accepted, it may take 5 business days for the Customer to pick up the order or for us to deliver it.

 

EGR accepts the following methods of payment for purchases of Products completed at the store:

  • Cash at the store – We accept cash payments and follow all FINTRAC regulations regarding cash transactions. We may request additional information or documents to clarify the source of funds. We will not accept cash payments on behalf of another person. It must be cash that belongs to you.

  • Debit Card—You can pay using your debit card at the store, and there are no extra fees.

  • E-Transfer / Interac Transfer – You can make multiple payments through e-transfer. If you make regular payments towards your purchase, we will hold off on your product until payment is completed. Please provide your order number for all the transfers. E-transfers must be initiated by the same entity (person or company) doing the transactions. Payments must come from the same account as the person receiving the delivery of products.

  • Draft / Certified Cheque—All cheques will be held for at least 10 business days until they are cleared through our financial institution. We require proof that the cheque was issued from your account. Please provide a bank account statement with your name or a bank receipt. We can hold it longer if we are unsatisfied that the funds will clear in the allocated days.

  • Personal or Company Cheque—All cheques will be held for at least 30 days until they are cleared through our financial institution. We require proof that the cheque was issued from your account. Please provide a bank account statement with your name or a bank receipt. We can hold it longer if we are unsatisfied that the funds will clear in the allocated days.

We do not impose a minimum or maximum limit for your transactions using any payment method.

 

7. Shipping Policy

We make sure you get your product, so your orders are always shipped with reputable global carriers and always include tracking, signature, and insurance. We ship all our packages discreetly and to the address provided by the Customer (only in Canada). We require a signature upon delivery of all our packages (direct signature). A signature upon delivery is mandatory.

We make shipments through FedEx unless otherwise instructed by the client. Our insurance will cover the shipment until it receives a direct signature or FedEx deems it delivered. Upon request, we can use our local Armoured Guard service or Brinks for out-of-town deliveries of larger value shipments—additional terms and conditions and charges will apply.

If the purchased Products are available in stock, we will ship them a day after we receive cleared funds. Once shipments leave our location, we will send you a tracking email so you can anticipate when your shipment will be delivered. If you have any special instructions for delivery, please email us. We will only make shipments to the same address as your billing address.

A. Delivery time
Delivery through FedEx can be expected within 1-2 business days from the date we receive your payment in full and clear.
Sometimes, reductions in our product inventory resulting from increased demand for certain products and other reasons may delay shipping.

B. Shipping method
We reserve the right to substitute a different shipping method selected on the order. We will contact the Customer and notify them of any changes.

C. EGR Shipping and Insurance Fees
Shipping costs may be a flat rate, free, or dependent on weight, dimensions, and destination. To obtain an accurate, real-time quote, initiate checkout and select the appropriate destination.

 

8. Advice

The Customer acknowledges and agrees that EGR has not offered or provided any investment, financial, tax or other advice to the Customer. The Customer acknowledges and agrees that EGR has not provided the Customer with any opinion regarding the suitability of products or services for the Customer’s needs. The Customer should seek advice from a qualified professional where necessary.

 

9. Possible System Failure

Online order entry systems provide efficient and reliable methods for placing orders. However, internet service providers are not 100% reliable. The Customer acknowledges and agrees that EGR is not responsible for the failure of internet communications, transmissions, or related systems.

Our Services may be unavailable occasionally due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks, unforeseeably significant service demands, or other reasons. As a result, we cannot guarantee that the Services will always work as advertised. You accept that your use of our site and Services might be interrupted and that we shall not bear any liability.

10. Internet Security

We strive to ensure all Customer data we collect is protected against unauthorized access. We take reasonable steps to protect Customer information against theft, loss, corruption, and misuse. We use only the highest industry standard secure server (SSL) technology for transferring personal information across the internet. See our privacy policy here for more details about our personal information practices.


11. Intellectual Property, Branding, and Trademarks

The site and all of the content displayed on our through the site (collectively, “Content”), and all intellectual property rights therein, including trademarks, trade names, copyrights and other proprietary rights, are and remain the sole property of EGR. All content and other information and material supplied by EGR is part of EGR’s confidential information. No Customer may reproduce, copy, distribute or disclose said content or information without prior written consent from EGR.

As a result, we grant each User a non-exclusive, non-transferable, non-sublicensable and revocable licence to use and display our content for your private, personal use and enjoyment by, and subject to, these Terms.

 

12. Restrictions on Use

  • Without the express written consent of EGR, you are prohibited from:
    Copying, modifying, reproducing, framing, scraping, distributing, publishing, downloading, or reselling any portion of our content and

  • Using our content in any manner that would damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the site.
  • You must not:
    Reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt, or enhance any of our Content, property, or Services.
  • Create a link, name, or label, or otherwise upload to or transmit to or from the site any content, link, or anything else that (if reproduced, published, transmitted, or used) may

            (i) Be defamatory, threatening, abusive, harassing, hateful, harmful, invasive of anyone’s privacy, or excessively violent.

            (ii) violate any applicable law, regulation, or governmental order, including without limitation, intellectual property, privacy, obscenity, criminal or other laws; or give rise to civil, criminal, or other liability; or

  • Use the content, the Services, or any Account with us to do any of the following:
            (i) impersonate any other person.
            (ii) send spam or other unsolicited promotional messages.
            (iii) gain unauthorized access to any data, network, or system.
            (iv) engage in illegal gambling.
            (v) engage in unauthorized monitoring of data or traffic on any network or system.
            (vi) obtain an email address, username, or other information about a third party without their consent.
            (vii) use any misleading, false, or deceptive TCP/IP header information in any communication or posting; or
            (viii) conduct or instigate any denial-of-service attack against our site, network, or any third party’s website or network.
  • resell any of our Services or our Content.

We reserve the right to decide what behaviour, content or information violates any of the above restrictions, to remove any offending content or information from the site and to close any underlying Account with us in response, without limitation to any other remedies available to us under these Terms or at law.

 

13. Compliance and Due Diligence

You now agree that you are the sole User of your Account and are responsible for any actions or communications undertaken through it. You also agree to comply with all applicable laws and regulations concerning your use of the Site or our Services.

Any suspected violation of any applicable law or regulation or these Terms may result in us unilaterally suspending or terminating your account and cooperating with law enforcement to prosecute the alleged violations.

With this agreement, you agree to comply with all applicable laws and regulations and all our policies posted on the site from time to time for our Site or the Services.

We are not responsible for your violation of any law or regulation while using our Site or Services.
You shall ensure that your purchase of a product from us and your acceptance of our policies and these Terms comply with all laws and regulations applicable to you and that you’re entering a Product purchase transaction with us that complies with all federal, provincial, state, or other applicable laws and regulations.

14. Reservations of Right

EGR reserves the following rights unto itself:

A. Right to Refuse Service to Anyone
EGR reserves the right to refuse service to any individual or corporation.

B. Right to Correct Inaccurate Orders
EGR reserves the right to correct any order for errors or computer-related problems. We will make a reasonable effort to notify you of any corrections to your order.

C. Right to Accept or Reject Any Late or Defective Payment After Market Comparison
EGR reserves the right to either:
        (1) accept any late or defective payment, including liquidation payments, after a market comparison to determine what is most advantageous for us.
        (2) reject any such late or other defective payments, including liquidation payments, that do not comply with these Terms.

D. Right to Withhold Shipment for Multiple Unpaid Orders and Right of Offset

Suppose you place multiple orders with us and pay for one or more but fail to pay for other orders properly. In this situation, we reserve the right to withhold shipment on any paid orders until the unpaid orders have been resolved to our satisfaction, including the Right of Offset.


The “Right of Offset” shall mean our right to apply the proceeds and products of any Customer’s paid order against the proceeds and products of any Customer’s other unpaid order. If the Customer has a net balance owed to us after that, we may involuntarily liquidate the remaining net balance owed as provided herein. If the Customer has a net balance remaining for shipment, we shall ship the remaining portion of the order as provided herein.

E. Right to Charge Credit Card

EGR reserves the right to charge the credit card you have provided for any market losses incurred by EGR due to your failure to fulfill any obligation.

F. Right to Hold Money and Shipment to comply with FINTRAC regulations.
EGR reserves the right to liquidate, cancel or rescind any transaction where we cannot obtain or verify information needed to comply with FINTRAC financial standards, related statutes, rules, regulations, or any other applicable law or regulation of any kind and nature.

G. Right to Change These Terms
Without further notice, EGR reserves the right to change these Terms under Section 2 above.

H. Right to Identity
EGR reserves the right to verify the identity of a person or corporation that engages in business with us. It can be done by asking for additional pieces of government-issued ID, articles of incorporation, corporate documents, or the like. For information on our Information practices, please see our Privacy Policy here.

15. Links

If our site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links do not constitute our approval of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or any loss or damage arising from your use. If you decide to access any third-party websites through a link on our site, you do so entirely at your own risk and subject to such website’s terms and conditions of use.

You may link to our site’s homepage, provided you do so somewhat and legally and do not damage our reputation. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written authorization.

16. Privacy Policy

For information on our information practices, see our Privacy Policy here. By providing us with any personal information (as defined in our Privacy Policy), you acknowledge and agree with our Privacy Policy.

17. Disclaimer

Except as otherwise expressly stated by us in writing, our services, software, the site and all site content are provided “as is” and without warranty, representation or covenant of any kind. Any representation, covenant or warranty of merchantability, fitness for a particular purpose or non-infringement, express or implied, is excluded and disclaimed to the greatest extent permitted by law. We do not make any warranties or representations, whether expressed or implied, respecting any of the services, information or content provided on or through the site, except as expressly stated otherwise by us in writing.
You are responsible for using your judgment when determining the accuracy, completeness, or usefulness of any information, advice, opinions, or other content on the site or through our services.

18. Limitation of Liability

EGR is not and will not be liable for any damage or loss in connection with the use of, or inability to use, our site, our site content, our software or the services, including, without limitation, any related negligence of EGR or its affiliates, employees, officers, directors, shareholders, representatives, agents or contractors. To the maximum extent permitted by applicable law, and without limiting the previous sentence, EGR and the parties as mentioned above are not and will not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages whatsoever in connection with our site, our site content, our software or the services.   If, despite our limitation of liability, EGR or any of the parties as mentioned above is found liable to you for our site, our site content, our software, our services or a combination of the preceding, our liability will be limited to the amount paid by you to us in connection with your use of the site or services giving rise to such liability.

19. Indemnity

You shall indemnify and hold harmless EGR and its employees, officers, directors, shareholders, representatives, agents, contractors, licensors and licensees from and against all damages, injuries, liabilities, costs, losses, fines, penalties, awards, expenses and legal fees (on a solicitor and own client basis) that any of them may incur in connection with:

        (1) Your misuse of the site, content, software, or services.
        (2) The untruthfulness or inaccuracy of any of your representations or warranties to us, or
        (3) Your breach of any covenant, obligation, representation, or warranty in these terms.

20. General

A. Entire Agreement. These Terms constitute a binding agreement between you and us. These Terms and any other document(s) incorporated by reference constitute the entire agreement between you and us respecting your use of the Services and the site. These Terms supersede and replace any prior agreements between us and you regarding the Services and the Site.

B. No waiver or Severability. If we do not exercise or enforce any right or provision under these Terms, such action does not constitute a waiver.

C. Severability. If any of the provisions of these Terms are held invalid or unenforceable, then said provision will be held to be invalid and unenforceable, and the remaining provisions will remain in full force and effect.

D. Governing Law. These Terms will be governed by the laws of the Province of Ontario and the laws of Canada in effect in Ontario, Canada, without avail to their rules on conflicts of laws.

E. Headings. The headings in these Terms are inserted for convenience or reference only and are not intended to describe, interpret, define, or limit the scope, extent or intent of these Terms or any provision.

F. Assignment. These Terms are personal to you. Without EGR’s prior written consent, you cannot assign, transfer, or sublicense any of your rights or obligations under these Terms to a third party. EGR has the right to assign, transfer, or sublicense any of its rights and obligations under these Terms without notice and your permission.

G. Force Majeure. EGR shall not be liable or responsible in any way whatsoever and shall not be deemed to have defaulted under or breached these Terms for any failure or delay in fulfilling or performing any term of these Terms or completing delivery of any Product, when and to the extent such failure or delay is caused by or results from acts beyond EGR’s reasonable control (a “Force Majeure Event”), including, without limitation: (a) acts of God; (b) flood, fire, earthquake, tsunami or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of these Terms; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) shortage of adequate power or transportation facilities, or (j) internet or computer infrastructure or network outages.

H. Forum Selection. Any action or proceeding arising out of or relating to these Terms, the Services or the Site shall be instituted in the courts of the province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.

I. Contact.
You may contact us at:
(416) 366-4000
[email protected]
Mon – Fri 8:30 am – 4:30 pm