TERMS AND CONDITIONS

CASHINYOURPHONE.CA

For purposes of these Terms and Conditions, references to “we,” “our,” and “us” mean Wireless Warehouse of Canada, Inc., and/or CashInYourPhone.ca. References to “you” and “your” mean the user of this Web site, bearing the URL www.cashinyourphone.ca. The provisions of these Terms and Conditions apply equally to and are for the benefit of CashInYourPhone.ca and Wireless Warehouse of Canada, Inc., our subsidiaries, affiliates, merchants, vendors and Third-Party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

About CashInYourPhone.ca.

CashInYourPhone.ca purchases used phones and tablets (hereinafter “mobile devices”) from private consumers and/or businesses.

Agreement to be Bound.

The following conditions, together with the relevant information set out on this Web site, including any features and services available, such as RSS feeds, podcasts, images, video and materials found on this site (collectively the “Web site,”) are subject to the Terms and Conditions set forth below. Please read them carefully as any use of this Web site constitutes an Agreement, without acceptance, to be bound thereby by the user. By using this Web site you represent that you have read and understand the Terms and Conditions and that you agree to be bound by these Terms and Conditions as set forth below. You further represent that you are eighteen (18) years of age or older and have the capacity to enter into such a legally-binding contract.

These Terms and Conditions are subject to the Privacy Policy, which also governs your use of the Web site.

Modifications and Changes to Terms and Conditions.

We may modify, add to, suspend or delete the Terms and Conditions, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site after modification, addition or deletion of the Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.

Modifications and Changes to the Web Site.

We may modify, add to, suspend, or delete any aspect or service offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

Online Accounts.

You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from us and/or to participate in certain features on the Site. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Web site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms and Conditions.

User Accounts are limited to persons eighteen (18) years of age and older. Persons under eighteen (18) years of age are prohibited from using this Web site in any way.

Only one (1) Account per person is strictly permitted. Users who are found to have more than one (1) Account may be permanently banned from the use of this Web site. You may not sell, trade or transfer your Account to any other person.

Prohibited Use of the Web site.

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Web 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 Web site, other Web sites, 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 Web site, other Webs sites, or the Internet. We reserve the right to terminate your use of the Web site for violating any of the prohibited uses or for any other reason at our sole and exclusive decision.

Terms of Purchase and Transfer of Ownership.

By offering to sell your mobile device to us, you warrant and expressly confirm that you are the sole and exclusive owner of the device and no Third-Party has any rights or claim thereto. Should we learn at any point that the mobile device was not your sole and exclusive property and has been listed as lost and/or stolen you shall be immediately liable for all damages related thereto, including any and all chargebacks, fees, and penalties related thereto as well as for the purchase price of the device. Likewise, each mobile device must have a valid Electronic Serial Number (ESN) or International Mobile Equipment Identity (IMEI) and not be in any way restricted from being reactivated for reuse or have any unpaid carrier fees associated therewith. Devices with outstanding balances associated with the ESN number, or listed as lost or stolen cannot be accepted for sale and will be recycled responsibly.

All prices quoted by us for the purchase of your mobile device are non-binding and are dependent upon the receipt and appraisal of your mobile device. Should your mobile device fail to meet our quality control standards for the original purchase price level quoted, in our sole and exclusive discretion we may alter the quoted price and/or reject your mobile device. By sending your mobile device to us, you agree to accept our appraisal value and either our payment amount to you, or if we reject your mobile device then for us to recycle it responsibly on your behalf. In no event shall your mobile device be returned to you. Should your mobile device be accepted for purchase, you shall receive payment therefore within thirty (30) days of the finalization of the purchase price via the payment method you selected at the time of obtaining your initial quote and/or shipping the mobile device to us.

When packaging your mobile device for shipment to us you should take care to ensure that all materials included in your description when we calculated your quoting price, as well as any other materials that came with your mobile device such as operating systems, disks, software, accessories, adapters and manuals are included in your shipment. Failure to include any such items may impact the final appraisal value of your mobile device.

Data Storage and Reformatting.

Though we endeavor to remove any data contained on the hard drive and/or memory storage of your mobile device by utilizing data wiping software we cannot guarantee that all personally identifiable data or other sensitive or security related information will be effectively and permanently removed from your mobile device. Therefore, you should remove any such information from your mobile device prior to shipping it to us. You agree to hold us harmless and indemnify us from any and all loss or injury arising from or related to your failure and/or our failure to permanently remove such information prior to reselling or recycling your mobile device.

In no event shall we be held responsible for your failure to back-up and store all data prior to our shipment of your mobile device.

Intellectual Property Rights Not Waived.

All material displayed or transmitted on this Web site, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics (hereinafter “materials”) are owned by and/or licensed to us and are protected by Canadian and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials carried on this Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the materials found on this site. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the materials found on this Web site.

You may make a single print copy of any of the materials found on this Web site provided by us on this Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the report or other material. You may not archive or retain any of the materials found on this site without our express written permission. All requests for archiving, republication or retention of any part of the materials found on this Web site must be made in writing and must clearly state the purpose and manner for which the material is being requested. Requests for permission to archive, retain, or republish any part of the materials found on this Web site may be submitted to info@cashinyourphone.ca.

You acquire no rights or license whatsoever in the materials found on this Web site other than the limited rights to use the site in accordance with these Terms and Conditions. Any of the materials found on this Web site accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.

Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from Third Parties (e.g. vendors) on the Web site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third-Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party promotions or advertisements on the Web site.

Links and Third-Party Links.

This Web site may from time to time contain links or pointers to Internet sites maintained by Third Parties (e.g. vendors.) We do not operate or control in any way any information, products or services on these Third-Party sites and we expressly disclaim any responsibility for such Third-Party sites, which are provided for your convenience on an "as is" basis without warranties of any kind, express or implied.

Third-Party Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from Third Parties on the Web site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third-Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Web site.

Transmittal of Sensitive Information.

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.

For more information as to how your sensitive information is treated, please see our Privacy Policy.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER US OR ANY RELATED SUBSIDIARY, ITS OTHER AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.

(B) ANY DOWNLOADABLE SOFTWARE, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.

(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE. BY USING THIS WEB SITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE.

(D) WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT.

(E) IN NO EVENT WILL US, OUR SUBSIDIARIES, OTHER AFFILIATES OR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE OR THE MATERIALS FOUND ON THIS SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR THE MATERIALS FOUND ON THIS SITE.

(F) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY ACCESSING THE WEB SITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEB SITE OR OUR MATERIALS FOUND ON THIS SITE.

(G) WE DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE SERVICES PROVIDED THEREBY.

(H) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEB SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

INDEMNIFICATION.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND/OR VENDORS AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, YOUR MOBILE DEVICE, FRAUD YOU COMMIT OR YOUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND/OR VENDORS AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

Governing Law.

This Agreement will be governed and construed in accordance with the laws of Canada without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Windsor, Ontario, Canada, and any cause of action which arise from use of this Web site or from interpretation of these Terms and Conditions must be filed in the courts located in Windsor, Ontario, Canada.

Arbitration.

You agree that any dispute concerning, relating, or referring to this contract shall be resolved exclusively by binding arbitration according to the then existing rules of the Canadian Arbitration Association. Such proceedings will be governed by and in accordance with substantive Canadian law.

The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.

Severability of Provisions.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

Appraisal/Pricing

The device that you submit is subject for inspection, and your price quotation can change at Cashinyourphone’s discretion. Once your phone has been appraised, we will send you a confirmation email and it is up to the user to agree or reject our offer. If the user decides to reject the offer, they will be subject to a C$14.99 shipping fee payable within 30 business days via PayPal. If the user fails to do so, the user account and order will be considered as Truant and will then be sent to our recycling facility for further processing.

Contact Information.

If you have any questions or concerns about the Terms and Conditions you may contact us at info@cashinyourphone.ca.

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