TERMS OF SERVICE
Modified last on October 8, 2018.
Switchy offers services (the "Switchy Services") through which you can sell certain consumer electronic products (the "Products") after receiving an "offer" from Switchy by identifying your Product and completing check-out on the Switchy Website. You must agree to abide by the following terms in order to use the Switchy Services and/or the Switchy Websites.
BY USING SWITCHY’S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SWITCHY WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. Switchy reserves the right to terminate or suspend your use of the Switchy Websites and/or the Switchy Services if you do not comply with this Agreement or any other Switchy policy or procedure, or for any other reason we determine, in our sole discretion.
- About These Terms. These terms govern any offer that you receive to sell your Product to or through Switchy. These terms, the terms that govern your use of Switchy’s web sites, the Switchy Services and any and all applications included therein, which terms are located at https://www.switchy.ca/terms-of-service and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Switchy (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "Switchy," "we" or "us" means Switchy and its affiliates and subsidiaries.
2. Requirements. In order to complete the sale of your Product to or through Switchy or to complete any other transaction with Switchy, you must: (i) Provide true, up to date and accurate account information about yourself and any Product you submit to us; (ii) Comply with all terms and conditions of this Agreement; (iii) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (iv) Transact on behalf of yourself and not on behalf of others; and (v) Have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us. In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. Switchy shall not be responsible for communication errors should your contact information be in accurate or incomplete. You are responsible for ensuring that you can receive emails from Switchy and Switchy is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
3. Product Eligibility. Switchy determines, in its sole discretion, which Products are eligible for purchase by or through the Switchy Services and for which eligible Products Switchy will provide an offer. Switchy may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days pursuant to Section 9 below.
4. Condition Defined. Switchy uses five (5) basic Product conditions to grade Products, ranging from "Brand New in Box" to "Like New" to “Good” to “Rough” or "Broken." Conditions can vary widely between categories and types of Products. Broadly, Switchy Product definitions are as follows: Brand New in Box: Sealed in Original Box. Like New: Fully Functional with No Scratches or Damage. Good: Fully Functional with Light Scratches or Dents Only. Rough: Fully Functional with Heavy Scratches and Dents (No Cracked Screen). Broken: Cracked screen (must still display image and have touch response), Cracked Camera Glass, Non-Functioning Buttons, or Non-Functioning Ports. The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the Switchy Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Switchy’s discretion. If you are uncertain about your Product's condition, please seek guidance by contacting Switchy’s customer care.
5. Product Valuation. All offers will be based on Switchy own determination of the Product value in reliance on the accuracy of the information you supply us. Switchy will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to Switchy at the offered price. If you do not accept Switchy’s offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
6. Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to Switchy and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Broken" condition). This includes not being categorized as 'Blacklisted' in an IMEI lookup. The Products and the sale and shipment of such items to Switchy: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Switchy Services, you agree to indemnify Switchy from all claims or losses sustained by Switchy as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to Switchy. Switchy is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
7. Sending Switchy Your Product. When packaging your Product, be sure to include all materials included in your description when we calculated your offer. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a revised offer.
8. Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. Switchy’s standard practice is to remove all such data from your Product; however, Switchy makes no guarantee that it will do so. By sending Switchy your Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to Sitchy, or for such data's security, integrity, confidentiality, disclosure or use. Switchy is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.
9. Product Inspection; Offer Recalculation. Your Product must be received by Switchy within thirty (30) days after you accept the original offer provided by Switchy and complete the check- out process on the Switchy Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by Switchy should be followed in order to avoid possible damage to or loss of the Product in transit. Switchy will inspect all Products that are received. Switchy has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If Switchy rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. Switchy reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by Switchy after the Delivery Period, and/or (c) Switchy receives Product(s) that are different from those identified when your offer was calculated.
10. Recalculated Product Offers after Inspection. In the event Switchy recalculates the offer it provided for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, Switchy will return the Product to you at the address from which it was originally sent. Switchy will give you a period of seven (7) days after Switchy presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
11. Releasing Rights to Product. Once you send Switchy your Product, Switchy cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if Switchy rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
12. Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products until delivery of the same to Switchy. You are responsible for any damages that may occur to your Product while in transit. Switchy is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Switchy returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once Switchy delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
13. Passing of Title. Title to the applicable Product passes to Switchy upon Switchy’s acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
14. Non-Transferable. Any offer by Switchy for your Product is non- transferable and not redeemable for any other consideration other than what is offered by Switchy.
15. Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of Canada, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the Canadian Government. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey your Product to Switchy, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: Canadian And US trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into Canada, either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Switchy for sale, any Products that would violate the provisions of this Section 15 or any provisions under Canadian Law.
16. Promotions. From time to time, and at Switchy sole discretion, Switchy may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Switchy reserves the right, in its sole discretion, to cancel or refuse promotions.
17. Accuracy of all Information. Switchy makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Switchy reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer. In the event the Product has already been sent to Switchy, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to Switchy, Switchy will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
19. Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize Switchy to provide you with terms and important notices about Switchy and your transactions to an email address you provide to us.
20. Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Switchy Websites and the Switchy Services, including all devices, Internet browsers and Internet access. If you access the Switchy Website and the Switchy Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
21. Use of Services. By using Switchy Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by Switchy; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Switchy Websites.
22. No Warranties. WE PROVIDE THE SWITCHY SERVICES AND WEBSITES "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 SWITCHY WILL MEET YOUR REQUIREMENTS.
23. Limited Liability. IN NO EVENT SHALL SWITCHY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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 SWITCHY UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
24. Indemnity. You agree to indemnify, defend, and hold harmless Switchy, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
25. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Switchy of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
26. Correction of Errors and Inaccuracies. The Switchy Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Switchy therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Switchy does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
27. Modification. Switchy reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Switchy Websites and/or the Switchy Services. Your continued use of any Switchy Website and/or Switchy Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to Switchy, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the Switchy Websites. The Agreement is and will be located at https://www.switchy.ca/terms-of-service. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
28. Applicable Law and Venue.
THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH CANADIAN LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF ONTARIO. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN TORONTO, ONTARIO, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email email@example.com.