Terms of Service 

 

 

 

Last Updated August 2020

Thank you for using Selldevice inc. These Terms of Service (“Terms” or the “Agreement”) constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (“you”) and Selldevice inc (“Selldevice,” “Selldevice inc,” “we,” “us” or “our”), concerning your access to, purchase of, and use of any and all of our products and services (the “Services”). You agree that by accessing, purchasing or using our Services in any way, you have read, understood, and agree to be bound by all of these Terms.

Selldevice is a user-friendly and hassle-free Site that allows users to trade in phones, tablets and other audio devices.  Here’s how it works. We display tradeable products on our website for you to match against your own phone, Laptop or gaming console. You provide us information about your device and we in turn provide you with an “offer” for your device. If you like the offer, you accept it, and we send you a shipping label or box with a return label to send us the device. We test it and if all systems are a-go, i.e., it meets the offer condition, then we pay you with a check which we send via Canada Post First Class PayPal, eTransfer, a check which we send via Canada Post First Class (Additional fee may apply for paper check) , or similar secure method.

  1. Agreement

These Terms govern the Services. These Terms, along with the terms that govern your use of Selldevice’s website and our Privacy Policy, collectively make up an agreement between you and Selldevice (the “Agreement”).

  1. Requirements to Be a Seller

In order to trade in your phone, tablet and other audio device and otherwise complete a transaction with Selldevice, you must:

(i) Provide true, up to date and accurate account information about yourself and the device;
(ii) Be the owner of the item or be authorized to sell the item, free of any liens or encumbrances; 

(ii) Be at least 18 years old.

  1. Device Eligibility

 

We determine, in our sole discretion, which brands and models of devices are eligible for purchase by us. We may terminate the eligibility of certain devices at any time and without advanced notice, but such termination will not affect any devices for which we have already made an offer that you have accepted.

  1. Offers by Us

Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your device to us at the offered price within the timeframe noted on the offer. Offers are subject to expiration, and once expired, cannot be renewed. In other words, if our offer to you expires, you would need to open a new transaction for a new offer, which may be different than the previous offer.  

  1. Right to Inspect

Selldevice has the right and obligation to inspect devices you send us prior to releasing payment. Only devices that are in good working order and pass our inspection. We reserve the right to reject any device received by us, for reasons including but not limited to the following reasons:

(a) The device does not conform to the description you provided to us;
(b) The device has been modified in such a way that it no longer conforms to the original factory specifications;
(c) The device no longer complies with applicable laws or regulations;
(d) The device was damaged or lost in transit.

If we reject the device for any reason, the original offer automatically expires and is rescinded. We will inform you by e-mail of a rejection of your device and give you a choice of having it returned to you or recycled. You are responsible for responding to our e-mail. If we receive no response from you within _21_days of our email, your device will be recycled.

In certain cases, based upon the outcome of inspection, we reserve the right to also make an amended offer to you, which you may accept or reject. We will inform you by e-mail of an amended offer for your device and give you a choice to accept the offer, have the device returned to you, or have the device recycled. You are responsible for responding to our e-mail. If we receive no response from you within _21 days of our email, we may keep or recycle your device.

  1. Payment

Payment for any device will be made within 2 days of your device being inspected. Payments are made either by check or electronically by PayPal, eTransfer. If you choose to be paid by check, the check is posted to you at the address you have provided and may arrive outside of the__7__ day period with processing fee. If you choose to be paid by Paypal, eTransfer, you must have a valid account and provide us with the e-mail that is linked to that account. Some electronic payment companies charge their own fees for a transfer, and we are not responsible for these fees. Payments to international customers may not be completed within the above timeframes.

  1. Representations and Warranties by You

You agree that:

  • You have all right, title, and interest in and to any and all devices you seek to sell to us;
  • All devices you sell to us comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws;
  • All devices you sell to us are not counterfeit, stolen, or fraudulent;
  • You have removed all data from your device prior to sending it to us;
  • You represent and warrant that the device is free of any liens or encumbrances;
  • You will indemnify, defend and hold harmless Selldevice from all claims or losses sustained as a result of any breach of your representations and warranties, or any term of the Agreement.

 

  1. Representations and Warranties by Selldevice

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SELLDEVICE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH SELLDEVICE WILL MEET YOUR REQUIREMENTS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLDEVICE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH SELLDEVICE UNDER THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SELLDEVICEARISING OUT OF OR RELATING TO YOUR USE OF THE SELLDEVICE SERVICES EXCEED $250.00.

  1. Miscellaneous

This Agreement embodies the entire agreement and understanding between Selldevice and you with respect to the subject of this agreement and supersedes all prior and contemporaneous agreements and understandings. No waiver by Selldevice of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The terms of this Agreement can be altered at any time by us and without prior notice to you. Any alterations will be published online and will become effective immediately following publication. Your continued use of our Services constitutes your acceptance of any amendment. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes, embargoes, government orders, global or national pandemic or health crisis, delays in transit or delivery, failure of sources of raw materials or any other force majeure event.

  1. Choice of Law and Jurisdiction

This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Ontario, Canada excluding any rule or principle of conflicts of law that may provide otherwise. The parties to this Agreement hereby irrevocably and unconditionally agree to the exclusive jurisdiction of the territorial and provincial courts of Ontario for any disputes arising under or from this Agreement.

Terms and Conditions

Last updated August 2020

Thank you for using Selldevice. These Terms and Conditions (“Terms” or the “Agreement”) constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (“you”) and Selldevice (“Selldevice,” “we,” “us” or “our”), concerning your access to and use of our websites www.selldevice.ca, www.selldevice.com, applications, and all of our products, media forms and/or channels (collectively, the “Site”). You agree that by accessing and using the Site in any way, you have read, understood, and agree to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By using our Site and receiving services related to the Site, you also agree to be bound by our Privacy and Cookie Policy and any supplemental terms and conditions or documents that may be posted on or through the Site from time to time. The Privacy and Cookie Policy and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes expressed in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Selldevice is a user-friendly and hassle-free Site that allows users to trade in phones, tablets and other audio devices, provides instant quotes for user trade-ins, enables clients to track the status of their trade-ins, and also contributes positively to the environment, through our commitment to plant a tree for every device traded in.  

The Site is intended for users who are at least 18 years old or who otherwise have the permission of their parent(s) or legal guardian(s) to access the Site.

  1. Indemnity by You

You agree to defend, protect, indemnify and hold Selldevice, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

  • your use of the Site or related services;
  • a breach of these Terms;
  • any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site, and/or your making available thereof to other users of the Site;
  • any activity related to your use of the Site, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Selldevice.
  1. Prohibited Uses of the Site

The Site and services related to the Site are intended for your own or your business’ use. By using the Site, you agree not to:

  • Reproduce, copy, modify in any material manner, or remove Selldevice’s proprietary marks, logos or notices;
  • Lease, resell or redistribute any of our services;
  • Use the Site in connection with any commercial endeavors;
  • Provide access to or give the Site or any part or portion of the Site to a third party;
  • Reverse engineer the Site;
  • Make the Site available on any file-sharing platform;
  • Harm, as determined in our sole discretion, Selldevice, the Site, other users or third parties or their use and/or experience with the Site, by actions including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials expressly prohibited;
  • Use the Site in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of time as determined by us;
  • Use the Site in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses;
  • Use a buying agent or purchasing agent to make purchases on the Site;
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Make improper use of our support services or submit false reports of abuse or misconduct;
  • Use any information obtained from the Site in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  • Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  • Attempt to impersonate another user or person or use the username of another user;
  • Use the Site or any related services in a manner that violates any applicable law, regulation or this agreement;
  • Permit any third party to use the Site in a manner that violates any applicable law, regulation or this agreement.
  1. Selldevice Customer Satisfaction Policy

Selldevice strives towards customer satisfaction with the Site and related services we provide. If you purchase any item or service through us and are not satisfied, please contact Selldevice’s Customer Service Team (see below for contact details) and we will work with you to rectify your experience with us.

  1. Intellectual Property Rights

Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this Site and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This Site may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “Selldevice’s Property”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of Selldevice’s Property or Other Materials on the Site without the prior express written permission of the appropriate owners

  1. Limitation of Liability

In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site, or use thereof. Nothing contained in the Site or in any written or oral communications from Selldevice or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Site are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site content or the related services therein or that the functionality of the Site will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Site is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL SELLDEVICE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF SELLDEVICE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SELLDEVICE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SELLDEVICE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Selldevice and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Site or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00.

  1. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

  1. Modification and Interruptions

We reserve the right to change, modify, or remove the content on the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

  1. Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (1) immediately notify Selldevice of any unauthorized use of your username or password or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Selldevice will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. If you share your device with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Selldevice account.

  1. Electronic Communications, Transactions, and Signatures

Using the Site, sending us e-mails or internal messages, and filling in any requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. Availability Outside of Canada

If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Site from outside of Canada, you acknowledge that any personal information you provide will be processed in Canada and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.

  1. Term and Termination

These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation.

We may terminate your use of or participation in the Site and delete any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If we terminate or suspend your account for any reason, we shall have no performance obligations to you under this or any other agreements. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. Severability Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.

  1. Governing Law

These Terms and our legal obligations hereunder are subject to the laws of the Province of Ontario, Canada, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the provincial and territorial courts located in Ontario, Canada, in all disputes arising out of or relating to the Site.

  1. Attorney Fees

In the event that Selldevice is the “prevailing party” in a dispute between Selldevice and you, which for the purposes of this Agreement shall mean successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Selldevice’s attorneys’ fees and costs.

  1. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

  1. Please read our Privacy Policy.

Please read our Privacy Policy, which is incorporated fully into these Terms.

  1. Please read our Terms of Service.

Please read our Terms of Service, which are incorporated fully into these Terms.

  1. Contact

For questions or concerns, we can be contacted via e-mail at Hello@selldevice.com.

 

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days of your device being inspected. Payments are made either by check or electronically by PayPal, eTransfer. If you choose to be paid by check, the check is posted to you at the address you have provided and may arrive outside of the__7__ day period with processing fee. If you choose to be paid by Paypal, eTransfer, you must have a valid account and provide us with the e-mail that is linked to that account. Some electronic payment companies charge their own fees for a transfer, and we are not responsible for these fees. Payments to international customers may not be completed within the above timeframes.

  1. Representations and Warranties by You

You agree that:

  • You have all right, title, and interest in and to any and all devices you seek to sell to us;
  • All devices you sell to us comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws;
  • All devices you sell to us are not counterfeit, stolen, or fraudulent;
  • You have removed all data from your device prior to sending it to us;
  • You represent and warrant that the device is free of any liens or encumbrances;
  • You will indemnify, defend and hold harmless Selldevice from all claims or losses sustained as a result of any breach of your representations and warranties, or any term of the Agreement.
  1. Representations and Warranties by Selldevice

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SELLDEVICE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH SELLDEVICE WILL MEET YOUR REQUIREMENTS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLDEVICE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH SELLDEVICE UNDER THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SELLDEVICEARISING OUT OF OR RELATING TO YOUR USE OF THE SELLDEVICE SERVICES EXCEED $250.00.

  1. Miscellaneous

This Agreement embodies the entire agreement and understanding between Selldevice and you with respect to the subject of this agreement and supersedes all prior and contemporaneous agreements and understandings. No waiver by Selldevice of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The terms of this Agreement can be altered at any time by us and without prior notice to you. Any alterations will be published online and will become effective immediately following publication. Your continued use of our Services constitutes your acceptance of any amendment. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes, embargoes, government orders, global or national pandemic or health crisis, delays in transit or delivery, failure of sources of raw materials or any other force majeure event.

  1. Choice of Law and Jurisdiction

This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Ontario, Canada excluding any rule or principle of conflicts of law that may provide otherwise. The parties to this Agreement hereby irrevocably and unconditionally agree to the exclusive jurisdiction of the territorial and provincial courts of Ontario for any disputes arising under or from this Agreement.

Terms and Conditions

Last updated August 2020

Thank you for using Selldevice. These Terms and Conditions (“Terms” or the “Agreement”) constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (“you”) and Selldevice (“Selldevice,” “we,” “us” or “our”), concerning your access to and use of our websites www.selldevice.ca, www.selldevice.com, applications, and all of our products, media forms and/or channels (collectively, the “Site”). You agree that by accessing and using the Site in any way, you have read, understood, and agree to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By using our Site and receiving services related to the Site, you also agree to be bound by our Privacy and Cookie Policy and any supplemental terms and conditions or documents that may be posted on or through the Site from time to time. The Privacy and Cookie Policy and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes expressed in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Selldevice is a user-friendly and hassle-free Site that allows users to trade in phones, tablets and other audio devices, provides instant quotes for user trade-ins, enables clients to track the status of their trade-ins, and also contributes positively to the environment, through our commitment to plant a tree for every device traded in.  

The Site is intended for users who are at least 18 years old or who otherwise have the permission of their parent(s) or legal guardian(s) to access the Site.

  1. Indemnity by You

You agree to defend, protect, indemnify and hold Selldevice, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

  • your use of the Site or related services;
  • a breach of these Terms;
  • any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site, and/or your making available thereof to other users of the Site;
  • any activity related to your use of the Site, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Selldevice.
  1. Prohibited Uses of the Site

The Site and services related to the Site are intended for your own or your business’ use. By using the Site, you agree not to:

  • Reproduce, copy, modify in any material manner, or remove Selldevice’s proprietary marks, logos or notices;
  • Lease, resell or redistribute any of our services;
  • Use the Site in connection with any commercial endeavors;
  • Provide access to or give the Site or any part or portion of the Site to a third party;
  • Reverse engineer the Site;
  • Make the Site available on any file-sharing platform;
  • Harm, as determined in our sole discretion, Selldevice, the Site, other users or third parties or their use and/or experience with the Site, by actions including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials expressly prohibited;
  • Use the Site in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of time as determined by us;
  • Use the Site in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses;
  • Use a buying agent or purchasing agent to make purchases on the Site;
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Make improper use of our support services or submit false reports of abuse or misconduct;
  • Use any information obtained from the Site in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  • Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  • Attempt to impersonate another user or person or use the username of another user;
  • Use the Site or any related services in a manner that violates any applicable law, regulation or this agreement;
  • Permit any third party to use the Site in a manner that violates any applicable law, regulation or this agreement.
  1. Selldevice Customer Satisfaction Policy

Selldevice strives towards customer satisfaction with the Site and related services we provide. If you purchase any item or service through us and are not satisfied, please contact Selldevice’s Customer Service Team (see below for contact details) and we will work with you to rectify your experience with us.

  1. Intellectual Property Rights

Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this Site and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This Site may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “Selldevice’s Property”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of Selldevice’s Property or Other Materials on the Site without the prior express written permission of the appropriate owners

  1. Limitation of Liability

In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site, or use thereof. Nothing contained in the Site or in any written or oral communications from Selldevice or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Site are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site content or the related services therein or that the functionality of the Site will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Site is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL SELLDEVICE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF SELLDEVICE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SELLDEVICE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SELLDEVICE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Selldevice and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Site or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00.

  1. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

  1. Modification and Interruptions

We reserve the right to change, modify, or remove the content on the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

  1. Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (1) immediately notify Selldevice of any unauthorized use of your username or password or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Selldevice will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. If you share your device with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Selldevice account.

  1. Electronic Communications, Transactions, and Signatures

Using the Site, sending us e-mails or internal messages, and filling in any requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. Availability Outside of Canada

If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Site from outside of Canada, you acknowledge that any personal information you provide will be processed in Canada and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.

  1. Term and Termination

These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation.

We may terminate your use of or participation in the Site and delete any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If we terminate or suspend your account for any reason, we shall have no performance obligations to you under this or any other agreements. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. Severability Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.

  1. Governing Law

These Terms and our legal obligations hereunder are subject to the laws of the Province of Ontario, Canada, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the provincial and territorial courts located in Ontario, Canada, in all disputes arising out of or relating to the Site.

  1. Attorney Fees

In the event that Selldevice is the “prevailing party” in a dispute between Selldevice and you, which for the purposes of this Agreement shall mean successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Selldevice’s attorneys’ fees and costs.

  1. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

  1. Please read our Privacy Policy.

Please read our Privacy Policy, which is incorporated fully into these Terms.

  1. Please read our Terms of Service.

Please read our Terms of Service, which are incorporated fully into these Terms.

  1. Contact

For questions or concerns, we can be contacted via e-mail at Hello@selldevice.com.

 

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Privacy Policy 

 

 

Last updated August 2020

Selldevice and its affiliates and subsidiaries, meaning companies related by common ownership or control (collectively “Selldevice,” “we,” “us” or “our”) respect your (the “user,” “you” or “your”) right to privacy and strive to maintain the confidentiality of your personal information. This Privacy Policy describes in greater detail our privacy practices for collecting and maintaining certain information collected about you.

This Privacy Policy applies to all versions of our website, www.selldevice.ca, www.selldevice.com applications, and all of our products, websites, media forms and/or channels (collectively, the “Site”).

You agree that by accessing the Site in any way, you have read, understood, and agree to be bound by all of this Privacy Policy.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the page. We require you to read and agree to this Privacy Policy when you access and use in any way the Site.

We encourage you to review the Privacy Policy whenever you access the Site to get a quote for your phone, tablet or other audio device and review your options for trading in your old device for something better. We are excited to bring you this opportunity!

  1. Application of this Privacy Statement

This Privacy Policy (the “Privacy Policy”) applies to our Site, products, and related services whether or not they link to this Privacy Policy. Selldevice is the responsible entity for all Personally Identifiable Information subject to this Privacy Policy for any services to users anywhere in the world.

  1. Information We Collect

We may collect some limited information from you through the following channels:

  • We ask our users for information upon sign up for our services such as phone number, e-mail address, name and passwords in order to create an account.
  • We maintain a helpdesk function for addressing any questions, comments or concerns about the Site. We may access users’ e-mail address and any other information they elect to provide as part of responding to such inquiries. This information is only utilized for customer support, is stored only for recordkeeping and analytics purposes, and is not otherwise shared.
  • We may from time to time collect automatically-collected information when you access our services (“Usage Data”), such as browser information, link interaction with our products, Internet Protocol (“IP”) address, and any other usage information collected from various tracking tools (collectively “App Usage Statistics”).
  • We may collect certain data from cookies (“Cookie Data”). A cookie is a term given to describe a certain type of message that is communicated to a web browser by a web server when a user navigates the Site. The main purpose of a cookie is to identify users and prepare customized web experiences for the users.
  • We may also, when you enable our location-based services, collect Global Positioning System (GPS) location data and/or motion data.
  1. Information Disclosure

We limit any sharing of information we have collected about you to certain narrow purposes. Your information may be shared for the following reasons only:

TO COMPLY WITH LAWS OR TO PROTECT RIGHTS OF USERS

If we believe the release of information about you is necessary to respond to a legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, or safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

TO GROW AND ENHANCE OUR BUSINESS MODEL AND SERVICES TO YOU

Along with those uses otherwise stated in this Privacy Policy, we may use your information for certain bona fide legitimate business purposes such as accounting and inventory management, market analyses, statistical research, order management and customer relation management. From time to time, these activities may involve third parties, such as the host company who hosts our website, shipping companies, and marketing companies who assist us with e-newsletters and other communications.

TO TRANSFER ASSETS IN THE EVENT OF SALE OR BANKRUPTCY

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred to or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor the commitments we’ve made in this Privacy Policy.

TO UTILIZE API INTEGRATION WITH SOCIAL MEDIA PROVIDERS

Our interaction with third parties is highly limited as set forth in this privacy policy. From time to time, we may integrate or otherwise utilize API for social media through the Site, but all users will be provided the opportunity to “opt in” or “opt out” of this function.

  1. Our Stance on Contact with You

We may from time to time contact you to remind you about something related to the Site, such as promotions or deals or for upgrades or alerts about other great services we have in the works through “push notifications” or similar means. If you do not wish to receive these type of notifications, you will be provided an “opt-out” option.

We may also contact customer users in other ways such as e-mail with promotional materials, newsletters, and discounts. You will be provided an “opt-out” option if you do not wish to take advantage of these communications.

  1. How We Keep Your Personal Information Safe

We use best practices regarding administrative, technical, and physical security measures to help protect your information. While we have taken these reasonable steps to secure the information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide us your information.

6. Policy Regarding Children

We do not knowingly solicit information from or market to children under the age of 18 unless the children have been granted permission by their parents to use our Site. If you become aware of any data that we have collected from children under age 18, please contact us using the contact information provided below.

Contact Us

For questions or concerns related to Privacy, we can be contacted via e-mail at Hello@selldevice.com.