Terms of service

TERMS OF SERVICE

By viewing, using, accessing, or purchasing from this website or webpage ("Site"), which is owned and operated by Kingston Silver Company (herein referred to as "Kingston Silver") or (referred to as “we,” “us” or “our”) you acknowledge that you have read, understand, and agree to the following Terms of Service ("Terms" or "Agreement" or “Disclaimer”). If, at any time, you do not agree to these Terms, please discontinue all use of this Site. Kingston Silver reserves the right to revise these Terms at any time by updating this posting as well as the right to refuse service to any person or entity. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age and that you possess the authority to enter into a binding legal agreement. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.   We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a web browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on the use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.   Kingston Silver will not be responsible for any damages your business may suffer to the extent permissible by law. We make no warranties of any kind, express, implied, statutory or otherwise for any Service we provide. Under no circumstances, shall Kingston Silver, its officers, agents or anyone else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use or the inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.   By accessing or using any part of the Site, you accept these Terms, without limitation or qualification. You may not use any portion of the Site if you do not agree with all of the Terms. Price information found on this site is subject to change without notice and photos displaying product may not be accurate to product descriptions.   We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

USE OF THE WEBSITE

We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. You may not transmit or distribute worms, viruses, malware or other dangerous software to or on any platforms provided by or used by Kingston Silver. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. No mechanized or other systematic processes for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission.   Our store is hosted on {shop host company}. They provide us with the online ecommerce platform that allows us to sell our products and services to you in conjunction with our third-party billing service {processing company} and other third-party applications available on this platform.   We reserve the right to change any information, features, services, and functions of the Site without prior notice. We may deny or revoke your access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.   We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Kingston Silver has no obligation to investigate the authorization or source of any such access or use of the Site or unauthorized access or use of your account or password.   You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.   You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you by way of our account activation system sent by electronic mail via the e-mail address you provide us. You shall immediately notify Kingston Silver of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security and your account security.   Certain content, products and services available via our Service may include materials from third-parties.   Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.   We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.   You may receive emails regarding your account or promotions for special offers, including third party offers.   We may provide you with access to third-party tools over which we neither monitor or control input.   You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.   Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).   We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

REGISTRATION & MEMBERSHIP

Monthly boxes for Kingston Silver, or other subscriptions and other subscription boxes offered from time to time are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, sometimes including third party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to the Frequently Asked Questions portion of our Site for further details.

BILLING & PAYMENTS

By starting your Kingston Silver subscription and providing or designating a payment method, you authorize us to charge you on a recurring monthly basis subscription fee at the then current rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you.

AS A MEMBER, YOU AGREE TO THE FOLLOWING BENEFITS AND TERMS:

You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. Any account changes made after the 1st of each month should not be expected to reflect on the subscription until the following shipping period. This date is subject to change in accordance with our billing and renewal cycles.   All address updates must be made within 48 hours prior to the subscription renewal date on the 1st or 15th of every month to ensure they are correctly reflected on your shipment. Our shipping service does not include the forwarding with your mail to an updated address. Any forwarding fees incurred will not be reimbursed or credited to your subscription.

RETURNS

Refunds for returns will be limited to the product price only and will not include shipping and handling costs incurred at the time of purchase or any market loss that may occur between the time of purchase and the time of the refund.

YOUR SUBSCRIPTION CONTRACT:

By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must do one of the following at least 48 hours prior to your next scheduled renewal date to avoid charge: update your user account on kingstonsilver.com or email support at support@kingstonsilver.com. All subscriptions that are started between the 1st and the 15th of any given month in the case of Kingston Silver will automatically have their renewal date moved to the 15 th if not otherwise specified, or the 1 st of the following subscription period. All subscriptions that are started between the 15 th and the 29 th of any given month in the case of a Kingston Silver subscription we may automatically have your renewal date moved to the 1 st of the month in the following subscription period, unless specified otherwise. If you subscribe outside of these periods for any of Kingston Silver, Boxes or Products or Subscriptions, your renewal date will be the 1 st or 15 th , whichever you specify during your sign-up. If you cancel, you may use your subscription until the end of your then-current subscription term. Kingston Silver may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement.   In all cases, billing will occur on the 1 st or 15 th of every month unless you cancel or change the date on your account. The fulfilment period ends on the 21 st of each month. All boxes, one-time purchases and Silver Bin items ship with your next scheduled subscription box in the third week after each billing date. By utilizing our services or accessing our website you agree to these terms and key operational dates.   If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time from any person or entity. Returns with the request of a refund will be refunded the paid amount for subscription cost minus the shipping and are at the discretion of customer support representative. Membership is void where prohibited by law. If any subscription is not fulfilled by the third week after any billing date we will not be held liable. Holidays, acts of god and other instances can cause a delay in operations.

PRODUCT INFORMATION; LIMITATION ON QUANTITIES

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

RISK OF LOSS

Any product purchased from our Site will be shipped utilizing a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. It is your responsibility to prevent theft by having a secure point of delivery. If the product is lost, damaged or stolen as a result of negligence, carelessness or accident by the carrier, a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement may be issued only for damaged products and does not cover or include packaging of the said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support representatives. Kingston Silver assumes no liability in the condition of your coin, round, bar, bullion or collectible other at the time the shipment is received. All advertised products that could be in your kit come in a variety of types, sizes, weights, dimensions, conditions, mintage, year of mint and purity. Many minted coins, rounds, bars and other bullion collectibles are minted as alloys.   The information provided on the Kingston Silver websites, social media and accompanying material is for informational purposes only. It should not be considered legal or financial advice. You should consult with an attorney or other professional to determine what may be best for your individual needs. Kingston Silver only sells coins, rounds, and bars of any weight of Gold, Silver, Platinum, and Palladium in a purity of 95% metal content or higher or as advertised, we are not to be used for investment purposes. Kingston Silver is not an investment service. We do not render investment services or advice and all users, persons or entities utilizing our service or products acknowledge, understand and comprehend that Kingston Silver is simply a precious metal dealer.   We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.   You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.   You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.   In no case shall Kingston Silver, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.   Kingston Silver does not make any guarantee or other promises as to any results that may be obtained from using our content. No one should make any investment decision without first consulting his or her own financial adviser and conduct his or her own research and due diligence. To the maximum extent permitted by law, Kingston Silver disclaims any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable or result in any investment or other losses.   The content contained on or made available through the website is not intended to and does not constitute legal advice or investment advice and no attorney-client relationship is formed. Your use of the information on the website or materials linked from the Web is at your own risk.   We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.   This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kingston Silver and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.   These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.   If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.   These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).   Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of.

COPYRIGHT

The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under Canada and other copyright laws, and is the property of Kingston Silver and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Kingston Silver, Copyright 2020, Kingston Silver. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate or original.

TRADEMARKS

All trademarks, service marks, and trade names of Silver SpotBox on the Site are trademarks or registered trademarks of Kingston Silver, or of their respective owners. If you have reason to believe that any form of Intellectual Property or Copyright infringement has occurred in any part of our website please contact us.

USER-GENERATED CONTENT

By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, or comments) to Kingston Silver’s™ website, Kingston Silver’s social media channels (including, without limitation, Twitter (including #, / and @ comments incorporating Kingston Silver or Silver SpotBox), Facebook and Instagram) such as @kingstonsilber or a website platform /kingstonsilver and pages dedicated to Kingston Silver in discussion forums (e.g., Reddit), you grant Kingston Silver a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Kingston Silver. You acknowledge and agree that you are solely responsible for all the user data that you make available through such means. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Kingston Silver the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Kingston Silver’s use of your uploaded data (or any portion thereof) on, through or by the means of Kingston Silver will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. Kingston Silver disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Kingston Silver may however review, delete or block access to communications that could harm Kingston Silver, its customers or third parties.   If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.   We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Your submission of personal information through the store is governed by our Privacy Policy.   You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.   The grounds on which Kingston Silver may take such action include, but are not limited to, actual, suspected or potential violations of our Terms of Service and/or Privacy Policy.

WARRANTY DISCLAIMER

Except as otherwise specifically provided, the site and the products offered on the site are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kingston Silver disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non- infringement. Kingston Silver does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Kingston Silver does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you. Any suspicion of a counterfeit product may or may not initiate an internal investigation, all such inquiries are taken seriously but no refund or replacement is guaranteed. The number of coins, rounds, bars, bullion, and a combination of metal collectibles is dependent on premiums, price and size of each individual box at the time of payment received by Kingston Silver which is generally 1-3 banking business days after your purchase. It is important to understand that metals come in a variety of shapes and sizes. Some of these metals do not come in sizes smaller than 1/2 gram, in the case that the dollar amount purchased exceeds the amount to fulfil the smallest precious metal denomination available, your box will DEFAULT to Silver collector pieces. We take no notice and are not bound to the current market price. We do not utilize or take into consideration the market value of any commodity or any other index that displays or shows a value for Gold, Silver, Platinum or Palladium or any other precious metal.

LIMITATION OF LIABILITY

In no event will Kingston Silver’s liability to you exceed the amounts that you paid to Kingston Silver in connection with your Silver SpotBox membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.   In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Kingston Silver shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kingston Silver shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kingston Silver shall immediately issue a credit to your credit card account in the amount of the charge.   Kingston Silver has no liability for injury or damage caused by products within the box. Such liability is the sole responsibility of the product brand or manufacturer. Some items are small and should not be in possession of minors at any time, these items may cause ingestible hazards as well as choking hazards and extreme care and handling should be used when handling any Kingston Silver product or packaging. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by Kingston Silver without notice at any time, for any reason. Kingston Silver reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@kingstonsilver.com.