GENERAL TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS SITE, YOU OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE VANCOUVERUSEDPHONES.CA WEBSITE. PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE!
Smartfones may revise and update these Terms and Conditions at anytime. Please periodically review the Terms and Conditions posted at the Smartfones website because Your continued usage of the website (the homepage of which is at https://vancouverusedphones.ca/) (“Smartfones website,” or the “website,”) after any changes to these Terms and Conditions will mean You accept those changes.
Sending your Phone To Smartfones:
We only take over responsibility for your phone when it is in our store. Smartfones is not held liable for lost shipments or damage incurred during shipping to us. If you are unsure about shipping you can drop off or pick up phones at our retail location in Vancouver.
Once We Receive Your Phone:
Smartfones will evaluate and fully test your device. In the event that it is not the same condition as described a new offer to purchase the phoen will be submitted and in the event you choose to decline we will ship the phone back to you.
The average time frame for Smartfones to evaluate a phone, ensure that it is not lost stolen or blacklisted, grade the condition and make an offer is 14 business days. This is not negotiable and under no circumstances will phones be purchased on the spot. Offers made on phones are valid for 20 days after offer is made. By accepting the terms of our agreement you agree that you are the sole owner of the device or have full control to sell it and in no way harm anybody else in the process.
These are the 5 conditions Smartfones classifies phones as. Individual condition of a phone is up for interpretation however Smartfones holds the ultimate right to classify the phone as we see it.
- New: This refers to brand new, never been used and in perfect condition
- Excellent: This is the best condition you can reasonably expect for a used phone. The phone will be mostly free of any scratches or cosmetic defects.
- Good: This condition will show some signs of wear but overall still a high quality phone. There may be small dents or scratches present but nothing major.
- Fair: This condition indicates the phone is well used and shows significant signs of wear and tear. All the functions of the phone are working however cosmetically there are scratches and dents visible in multiple areas.
If you do not agree with the valuation of the phones condition you can return the phone on a purchase within 7 days or if you are selling your phone we will return the phone to you at no cost.
Smartfones is not responsible for any data loss. You the buyer or seller of the device take full responsibility for all data on your phone and hold us 100% not accountable in the event of loss.
Smartfones is strongly committed to protecting the privacy of its website users and customers.
Site Usage Information
Smartfones gathers “site usage” information from all visitors to vancouverusedphones.ca. Such data is used to help determine general usage patterns and fine tune layout in order to ensure that our site is as useful and enjoyable as possible. This “site usage” and statistical information may be made public information at Smartfones discretion.
Please note that Smartfones does not control all HTML served in conjunction with its site. Smartfones may include content from other parties that may perform user activity tracking other than that described herein. In particular, some of our partners may use “cookies” in ways that we do not.
Individual User Information
Individually identifiable information will not be released without that individual’s prior consent. Visitors are specifically asked for individually identifiable information when signing up to use certain Smartfones services. In some instances, users may be asked for personal interest and demographic information in order to create a more customized user experience; however these fields will generally be optional.
From time to time, Smartfones and/or its partners may wish to contact individual users regarding community news or to make promotional offers. However, such communications will only be delivered to users who have previously approved them.
Smartfones reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users. Where practical, Smartfones will attempt to obtain the prior consent of the individual prior to disclosing individually identifiable information. We reserve the right to share aggregated “site usage” information with third parties.
Section 2. Use of Content — Copyright
Upon acceptance of these Terms and Conditions, Smartfones authorizes You to view or download a single copy of the material on this website solely for Your personal, informational and noncommercial use, provided that You retain all copyright and other proprietary notices contained in the original material on any copies of the material. Such material specified above does not include the design or layout of the Smartfones website. Elements of the Smartfones website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Smartfones website may be copied or retransmitted unless expressly permitted by Smartfones. Special rules or license terms may apply to the use of certain software and other items provided to you via the Smartfones website (collectively, “Software”). Any such special rules or license terms accompany or are listed in association with or through a hyperlink associated with the Software.
The contents of the Smartfones website (“Content”), such as text, graphics, data, images, Software and other material are protected by copyright and other laws in Canada, the United States, and other countries, and title to the Content shall not pass to You or any other party. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Smartfones. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. Without limitation of the foregoing, unless independently licensed by Smartfones, use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of Smartfones. If You violate any of these Terms and Conditions, Your permission to use the Content automatically terminates and You must immediately destroy any copies You have made of any portion of the Content.
Section 3. Access to Smartfones Systems and Information through the Smartfones website
The Smartfones website provides access to certain Smartfones computer and network services (“Smartfones Systems”) for the purpose of retrieving information and data regarding Smartfones cell and smartphone repair services. Subject to compliance with each of the terms of this Agreement, Smartfones agrees to permit You to access the Smartfones Systems via the Smartfones website for the sole purpose of obtaining Information. Following are certain requirements regarding such access:
You may not use or access the Smartfones Systems in any way which, in Smartfones judgement, adversely affects the performance or function of the Smartfones Systems or Smartfones website or interferes with the ability of authorized parties to access the Smartfones Systems or Smartfones website. Without limitation of the foregoing, you may not use automatic inquiry engines to interact with the Smartfones Systems or obtain Information.
You may not mask or misrepresent your identity when using the Smartfones website or Systems. You may not gain access, or attempt to gain access, by any means, to any Smartfones computer system or database, other than the Smartfones Systems to which You are expressly permitted access via the Smartfones website. You shall use or disclose the Information only in connection with packages shipped by or to You or on Your behalf.
Smartfones may terminate, update, alter or supplement any or all of the Smartfones Systems and services and Information available from the Smartfones Systems. While Smartfones does not at this time charge for use of the Smartfones Systems or the Information, Smartfones may assess charges for any or all of such items in the future, in its sole discretion, by providing notice of such charges to You and restricting access to the Smartfones Systems and Information absent Your agreement to pay such charges. By permitting limited usage of the Smartfones Systems via the Smartfones website and as permitted herein, Smartfones does not convey any interest in or to the Smartfones Systems or any other Smartfones property or services. All right, title and interest in and to the Smartfones Systems and the Information is and shall remain in vancouverusedphones.ca.
If Smartfones in its sole judgment believes either (i) that the Smartfones Systems or Information are being used for a purpose not approved by Smartfones or in violation of any law, regulation or ruling, (ii) that Smartfones or any third party’s rights or interests are jeopardized or potentially exposed to liability or damage, or (iii) that You are in default under this Agreement, Smartfones may immediately terminate Your access to the Smartfones Systems.
Section 4. Limitation of Smartfones Liability — Disclaimer of Responsibility for Damages
Smartfones makes no representations about the results to be obtained from using the Smartfones website, the Smartfones Systems, the Information or the Content. The use of same is at Your own risk.
WHEN USING THE VANCOUVERUSEDPHONES.CA WEBSITE AND THE SMARTFONES SYSTEMS, INFORMATION AND CONTENT WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF SMARTFONES AND ITS SUPPLIERS. ACCORDINGLY, SMARTFONES ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY CONTENT OR INFORMATION.
THE VANCOUVERUSEDPHONES.CA WEBSITE, THE SMARTFONES SYSTEMS, THE INFORMATION AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SMARTFONES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SMARTFONES, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SMARTFONES WEBSITE OR THE SMARTFONES SYSTEMS.
IN NO EVENT SHALL SMARTFONES, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SMARTFONES WEBSITE BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SMARTFONES WEBSITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMARTFONES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTFONES SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Section 5. Links
The Smartfones website contains links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Smartfones of the content on such third-party websites. Smartfones is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk. Your use of third-party websites is subject to any applicable terms and conditions of use for such sites. Linking to any page of the Smartfones website other than https://vancouverusedphones.ca through a plain text link is strictly prohibited in the absence of a separate linking Agreement with Smartfones. Any website or other device that links to https://vancouverusedphones.ca is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Smartfones is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Smartfones, (e) presenting false information about Smartfones products or services, and (f) using any Smartfones logo or mark without permission from Smartfones.
Section 6. Indemnity
You agree to defend, indemnify and hold Smartfones, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of the Content (including Software) in a manner that violates or is alleged to violate these Terms and Conditions.
Section 7. Compliance With Law Including Export Control
You agree in utilizing the Smartfones website, the Smartfones Systems, Information and Content. You will do so exclusively for authorized and legal purposes consistent with these Terms and Conditions, all applicable laws and regulations, and the rights of others.
Canada, the United States, and certain other jurisdictions control the export of products and information. You agree to comply with such all applicable restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under Canada, the United States, or other applicable export control laws or regulations. By downloading the Content (including Software), You are representing that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including Software).
Section 8. General
Smartfones is based in Vancouver, BC. Smartfones makes no claims the Content is appropriate or may be downloaded outside of Canada. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If You access the Smartfones website from outside Canada, You do so at Your own risk and are solely responsible for compliance with the laws of Your jurisdiction and any other applicable laws.
Section 9. Jurisdiction
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE AND CONSENT THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SMARTFONES WEBSITE, THE SMARTFONES SYSTEMS, INFORMATION, AND CONTENT MAY BE INSTITUTED IN ANY PROVINCIAL, STATE OR FEDERAL COURT SITTING IN THE CITY OF VANCOUVER, PROVINCE OF BRITISH COLUMBIA, CANADA AND, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND IRREVOCABLY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU AGREE THAT SERVICE OF PROCESS MAY BE MADE BY PERSONAL SERVICE OF A COPY OF THE SUMMONS AND COMPLAINT OR OTHER LEGAL PROCESS IN ANY SUCH SUIT, ACTION OR PROCEEDING, OR BY ANY METHOD OF SERVICE PROVIDED FOR UNDER THE APPLICABLE LAWS IN EFFECT IN THE PROVINCE OF BRITISH COLUMBIA. IN ANY SUCH ACTION OR PROCEEDING YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY AND WAIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT YOU MAY HAVE THAT EACH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 10. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER AGREEMENT BETWEEN YOU AND SMARTFONES OR IN THE SMARTFONES RATE AND SERVICE GUIDE AND TARIFF, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND SMARTFONES WITH RESPECT TO THE USE OF THE SMARTFONES WEBSITE, THE SMARTFONES SYSTEMS AND ANY SOFTWARE, INFORMATION AND CONTENT CONTAINED THEREIN.