(While the legal terms and conditions are spelled out below and apply to all transactions between GOLDcheck and the Customer, GOLDcheck has added plain language in brackets to explain each section. The italicized words are not legally binding.)

Terms of Use Agreement

By completing this Information Return and Agreement with all requested information using the GOLDcheck Double-Proof Mailer to provide the listed Items to GOLDcheck, the above named Customers agree to all of the terms and conditions herein contained which govern every and all transactions between Customer and GOLDcheck, including its directors, officers, and employees. This Agreement constitutes a legally binding Agreement between Customer and GOLDcheck. Customer recognize, acknowledge, and unconditionally accept that the Agreement alters or eliminates legal rights and remedies which may otherwise be available to Customer. (You agree to this Agreement by completing this form and sending your Items to GOLDcheck)

GOLDcheck’s Services
GOLDcheck will, upon receipt of a GOLDcheck Double-Proof Mailer, with a fully completed and executed Information Return and Agreement and all Items listed thereon, shall complete the following: Receive the Double-Proof Mailer, document its arrival and open to inventory contents; Within 24 Business hours of receiving items, GOLDcheck will determine the value of your Items based on weight and by Karat and then process payment according to your instructions; Send offer to Purchase with Determination Cheque, and set aside Items for 10 days; Return Items if Determination Cheque returned within 10 days of date printed on Cheque (if applicable); Move Items out of Hold and send to refining if Determination Cheque or other means of payment is negotiated or not returned in 10 days. (GOLDcheck will complete the above in making you an offer for your gold Items)

No Quibble, No Charge - 100% Satisfaction Guarantee
GOLDcheck offers competitive pricing for Customer’s Items and is extremely confident that Customer will be satisfied with GOLDcheck’s value determination that GOLDcheck will meet and beat, by a further ten percent (10%), any prior written offer to purchase the Item from a nationally based precious metal refiner dated within ten (10) days of the date of the sending of the GOLDcheck Double-Proof Mailer. Customer expressly acknowledges and agrees that if Customer does not provide an appraisal that was issued ten (10) days prior to the contents being submitted to GOLDcheck, GOLDcheck’s determination of liquidation value shall be conclusive and binding and the agreement of GOLDcheck to beat such price by 10% shall not be effective. Should Customer choose to decline GOLDcheck’s payment offer, Customer shall return the GOLDcheck cheque no later than ten (10) business days of the date shown on the cheque and GOLDcheck will return the Items contained in the GOLDcheck Double-Proof mailer within fifteen (15) business days free of charge. This is GOLDcheck’s “No Quibble, No Charge - 100% Satisfaction Guarantee”. After the ten (10) business day return period Customer’s Items will be removed from on hold stock and moved to refining. Should Customer think that when returning the Determination Cheque it will not reach GOLDcheck within the time frame above, Customer shall call GOLDcheck before the ten (10) day period has expired so that Items are not sent for refining. (If You are not satisfied with GOLDcheck’s offer to purchase your Items You have ten (10) days to tell GOLDcheck that You want your Items returned to You)

Acceptance of Contract
Customer agrees that once Items are received by GOLDcheck, GOLDcheck may offer to purchase the Items by sending a Determination Cheque or by making other arrangements by way of email, telephone, courier, mail or other electronic means. Should Customer accept the offer by negotiating the Determination Cheque, accepting payment by another means or by way of verbal acceptance, email, courier or mail, a binding contract shall be deemed to have been established. Customer agrees that upon acceptance of an offer to purchase by GOLDcheck the ten (10) day holding period shall be at an end and the 100% satisfaction guarantee will no longer be in effect. (GOLDcheck may offer to purchase your Items by cheque or by contacting You. If You cash the cheque or accept GOLDcheck’s offer the ten (10) day holding period will end and the 100% satisfaction guarantee will have been met)

Items are Legally Customer’s
Customer represents and warrants to GOLDcheck that (1) there exists no legal reason that GOLDcheck should deny services to Customer; (2) that Customer is of legal majority age (i.e. 18 years of age or older in most jurisdictions); (3) that Customer’s use of GOLDcheck’s services is not for any illegal or injurious purpose or purposes; (4) that Customer owns and has good and marketable title to the Items being conveyed herein, free and clear of any pledges, liens, judgments, encumbrances, security interests, claims or contract rights and that no approval or consent of any third person is required to effect a transaction with GOLDcheck; and (5) that Customer’s use of GOLDcheck’s services will not violate any agreements to which Customer are a party or any federal, provincial, or local laws, rules or regulations. (You confirm that You have the legal right and ability to sell the Items to GOLDcheck) .

Not liable for Cosmetic Changes in Appearance
Customer agrees that services performed by GOLDcheck include, but are not limited to, the testing of any and all Items submitted to GOLDcheck in order to determine their value and that testing procedures performed by GOLDcheck may permanently alter the appearance of any and all Items submitted to GOLDcheck. Customer agrees to indemnify and hold harmless GOLDcheck and against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to services performed by GOLDcheck. (GOLDcheck testing will leave permanent marks on the Item that will not be repaired even if the Item is returned to You)) .

Limitation of Liability (Possession)
Customer agrees to limit the liability of GOLDcheck against losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to GOLDcheck’s possession of any and all Items submitted to Goldcheck by Customer to an amount not exceeding One-Hundred Canadian Dollars (CAD $100.00) for all Items contained in a GOLDcheck Double-Proof Mailer; this includes but is not limited to all losses, liabilities, judgments awards and costs arising from theft, fire, flood or other natural causes. (GOLDcheck will only pay You a maximum of $100.00 if your Item is lost, stolen or damaged while in GOLDcheck’s possession.)) .

Limitations of Liability (Shipment)
Customer agrees that if there is a loss of the contents of a GOLDcheck Double-Proof Mailer that Customer properly shipped to GOLDcheck in accordance with the instructions and procedures set forth with the GOLDcheck Double-Proof Mailer, or in the event that GOLDcheck returns of any or all chattels (including Items) submitted to GOLDcheck by Customer, then Customer agrees to limit the liability of GOLDcheck against losses, liabilities, judgments, awards and costs (including legal fees and expenses) to an amount not exceeding One-Hundred Canadian Dollars (CAD $100.00) or the liquidation value of the chattels, whichever is less. Customer shall rely upon the shipment carrier or additional insurance for any and all amounts exceeding the limitation of $100.00. If Customer believes Items or other chattels to be placed in a GOLDcheck Double-Proof Mailer or that may be returned to Customer are worth more than $100.00, it is recommended that Customer insure the shipment for the amount of the Items and chattels to be shipped at Customer’s expense using the carrier chosen by Customer. In no event shall GOLDcheck be liable to any third party, including any insurance carrier. GOLDcheck shall not be liable for any subrogation claim brought by Customer’s insurance carrier, and, by submitting an Item to GOLDcheck, Customer expressly and specifically waives any such subrogation claim on Customer’s behalf as well as on the behalf of Customer’s insurance carrier. (If Items or other objects are lost or destroyed while in transit to or from GOLDcheck, then GOLDcheck will only owe You the liquidation value of the Items or $100.00, whichever is less.) .

Rejection of Package
GOLDcheck reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package not delivered in the GOLDcheck Double Proof Mailer, together with a fully completed Information Return and Agreement, or any GOLDcheck Double Proof Mailer that appears damaged, opened or tampered with, and any such rejected mail, envelope or package will be returned to Customer. GOLDcheck will have no liability to Customer for any such attempted delivery or return of any such Items. (GOLDcheck can refuse to accept delivery of Items not shipped in the GOLDcheck Double-Proof Mailer or Items that are shipped in a GOLDcheck Double-Proof Mailer that appears damaged or tampered with.)

General Liability
Except as expressly provided in these terms and conditions, GOLDcheck will have no liability to Customer whatsoever, whether arising in connection with Customer’s use of the GOLDcheck Web site, a GOLDcheck “Double Proof” Mailer, loss of gold, jewelry or other property or for any other reason, including, without limitation, GOLDcheck’s own acts or omissions. In no event will GOLDcheck’s liability to Customer exceed One-Hundred Canadian Dollars ($100.00). GOLDcheck will not be liable to Customer for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as expressly set forth in these terms and conditions. (Except as provided in this Agreement, GOLDcheck will not be responsible to You in any way whatsoever.) .

Governing Law
Customer agrees that this Agreement shall be governed by and construed under the laws of the Province of Ontario and Canada as applied to agreements between Ontario residents entered into and to be performed within the Province of Ontario, except as governed by the federal laws of Canada. Customer further agrees that the United Nations Convention on the International Sale of Goods is expressly excluded from having any effect or application, legal or otherwise, on this Agreement. Customer agrees that any legal action arising out of this Agreement shall be filed in a court of competent jurisdiction within the County of Essex in the Province of Ontario. Customer hereby submits to the exclusive jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction. (This Agreement will legally take place in the County of Essex, Ontario, Canada.) .