Terms & Conditions in short

1.1 By ordering any of our products or services, you agree to be bound by these terms & conditions.

1.2 By placing an order at Whistler Village Phone Repair, you warrant that you are at least 18 years old or have parents’ permission to buy from us.

1.3 All personal information you provide us with or that we obtain will be handled by Whistler Village Phone Repair as responsible for the personal information.

1.4 Events outside Whistler Village Phone Repair’s control shall be considered force majeure.

1.5 The price applicable is that set at the date on which your device is repaired.

1.6 Shipping costs and payment fees are recognized before confirming the purchase.

1.7 Card information is transmitted over secure SSL encryption and is not stored.

1.8 Please note that local charges may occur.

1.9 Whistler Village Phone Repair reserves the right to amend any information without prior notice.

1.10 Whistler Village Phone Repair reserves the right to retain the device if payment is not made. After 30 (thirty) days Whistler Village Phone Repair reserves the right to auction the device to cover costs of parts and labour.

1.11 Whistler Village Phone Repair will not conduct business with the customer if the waiver is not signed.

1.12 Whistler Village Phone Repair will not conduct business with customers who are aggressive or violent towards Whistler Village Phone Repair staff. If a customer is aggressive or violent they will be asked to leave Whistler Village Phone Repair property and if a transaction is in progress it will be done online and delivered via courier at the customers expense.

Terms & Conditions

2.1 This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products or services from us. You should understand that by ordering any of our products, you agree to be bound by these terms & conditions.

2.2 By placing an order at Whistler Village Phone Repair, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at Whistler Village Phone Repair for the sale and supply of any products or services. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.

Personal Information

3.1 All personal information you provide us with or that we obtain will be handled by Whistler Village Phone Repair as responsible for the personal information. The personal information you provide will be used to ensure deliveries to you, the credit assessment, to provide offers and information on our catalog to you. The information you provide is only available to Whistler Village Phone Repair and will not be shared with other third parties. You have the right to inspect the information held about you. You always have the right to request Whistler Village Phone Repair to delete or correct the information held about you. By accepting the Whistler Village Phone Repair Conditions, you agree to the above.

Custom Part Orders

4.1 If Whistler Village Phone Repair is required to order a custom or not in stock inventory part, the customer will be required to pay a 50% down payment. Parts are generally ordered in 2 business days!

Device Data

5.1 By placing an order with Whistler Village Phone Repair, you warrant that you have backed up all data on your device and understand that Whistler Village Phone Repair is not responsible for lost data.

Late or No Show Fee

6.1 Whistler Village Phone Repair has a very strict late and no-show fee. If you miss your appointment without 2h notice you will be charged a $20 no-show fee. If you are more than 1h late you are considered a no-show and you will encounter the $20 fee. The late fees are auto generated in our system and our repair techs can NOT waive this charge. Disputes can be emailed to support(at)villagephonerepair(dot)com

Replacement Screen Colour

7.1 Whistler Village Phone Repair original quality screens. However like Apple, Whistler Village Phone Repair can not guarantee that the screen will match the exact colours as the previous screen. Whistler Village Phone Repair’s warranty covers defects such as non-responsive screens but Whistler Village Phone Repair will not cover replacement costs for a screen that does not match the exact colour of the previous install.

Accidental Drop Warranty

8.1 Whistler Village Phone Repair offers a accidental drop warranty. Whistler Village Phone Repair offers 70% if your device is broken within 24h of repair completion, 50% if broken within 7 days of repair completion, 30% if broken within 30 days of repair completion, 10% if if broken within 365 days of repair completion. Whistler Village Phone Repair. only offers an accidental drop warranty to Apple screen repairs. If more damage occurs it will be billed full price and the screen repair will be discounted by the said amount. No water damaged devices will be accepted. Any devices that have been tampered with void Whistler Village Phone Repair warranty. Any device opened or repaired by third party companies void Whistler Village Phone Repair warranty. Any device with a broken LCD will void Whistler Village Phone Repair’s warranty. CWhistler Village Phone Repair has the right to void the warranty if the device is damaged beyond economical repair. Whistler Village Phone Repair determines the repairability of any device. If customer can not return the device to one of Whistler Village Phone Repair location Whistler Village Phone Repair will not honour or pay out any customer. Repair time frames are calculated from the checkout time on Whistler Village Phone Repair internal system. This time is non negotiable and is set by Whistler Village Phone Repair Each customer is entitled to one accidental warranty repair per full paid repair.

Price Matching

9.1 Our low price guarantee ensures that we always offer the best price to our customers. Just bring in any local competitor’s published price for the same repair, and we will happily match and beat their price by $5.The repair price must be a regularly published price. This offer does not apply to competitor’s specials, coupons or other discounts. Request the price match right at the register while checking in a device for repair.Once the work order is commenced the price is not subject to change.The following are guidelines and limitation. Price matching is only available for repair services listed on villagephonerepair.com The price in question must be published (either print or online) by a local retailer with a brick and mortar store front within 10 miles of the Whistler Village Phone Repair location. We reserve the right to verify the price of the identical, in-stock repair components at the retailer location (i.e., size, model, brand, color, spec). We do limit quantities to one-per-customer, per repair, per day. Repair Prices from auctions or retailers requiring memberships. Prices from mobile repair providers, or any repair provider without a brick and mortar store front. Repair prices that are dependent on add-ons, other items, fees, or charges. Bundle offers, instant rebates, mail-in offers, or offers that include financing. Prices that require minimum purchases amount or quantity. Repair prices that other retailers have listed as clearance, close out, liquidation, special hour/flash/limited quantity offers
Repair prices that utilize damaged or used components. Misprinted or inaccurate prices.

Deposits

10.1 Whistler Village Phone Repair accepts deposits to secure a booking. If you place a deposit it is refundable if your appointment is canceled within 5h of your booked slot. Your deposit is non-refundable if canceled within 5h of your booking. Your deposit will be returned to your card after your repair is complete. Your deposit secures your booking slot and repair time. Deposit bookings are prioritized over non deposit bookings. Deposits will not be returned if you are a no show, if you cancel within 5h of your appointment or more than 15 minutes late to your appointment time.

Free Screen Protectors 

11.1 Whistler Village Phone Repair offers a free screen protector to any iPhone 5,5s,5c,se,6,6s or 7 who leaves Whistler Village Phone Repair a Google  review. If a review is not left a screen protector will be $20.

Screen Protectors

12.1 Whistler Village Phone Repair installs tempered glass screen protectors for $10. The screen protectors are designed to crack before the screen cracks but are not guaranteed by Whistler Village Phone Repair Screen protectors on the iPhone 6 do not sit flat as the screen is rounded on the sides. The screen protector can start to peel up over time and is not covered by Whistler Village Phone Repair. Whistler Village Phone Repair does not guarantee the install of the screen protector. Some dust or particles may be present under the screen that may or may not disappear over time. Screen protectors are not installed in a dust free environment.

12.2 Screen protectors that are installed on RMA Warranted devices will have a new screen protector reinstalled free of charge

Coupon
13.1 Coupons are valid for 6 months. After 6 months the coupon is voided. Coupons are transferable and only one can be redeemed per phone repair, not per customer. Your coupons are only valid for purchases over $30.00 before tax. Coupons are redeemed before the application of tax.

Removal Process
14.1 Whistler Village Phone Repair removes components from the device with high-quality screwdrivers that prevent stripping of the screws. If screws are not presented Whistler Village Phone Repair uses heat guns and pry tools to carefully remove panels. It is possible for panels to crack especially on Android devices. In the event of a cracked panel, Whistler Village Phone Repair will replace the panel free of charge. If the phone is deemed unrepairable or the customer backs out after a repair the phone will be returned in an open condition.

14.2 In the event where a device is received with a cracked screen, depending on the construction of the device, Whistler Village Phone Repair may not be able to open the device without further damage to the screen.  All efforts will be made to remove the screen without further damage but if unsuccessful, the customer will assume the cost of replacing the damaged screen.

Locals Discounts
15.1 Whistler Village Phone Repair occasionally features a Locals discount. This discount is only valid for a customer who can provide ID or a proof of residence in the Local town that the Whistler Village Phone Repair location is located in. Whistler Village Phone Repair has the right to refuse this discount if the customer can not or will not provide a proof of residency. The “Locals Discount” is subject to change at any time and can be canceled at any time without notice. A “Locals Discount” only applies to products and services that are not originally discounted and DO NOT apply to Unlocks, Accessories, Water Damage Repairs, Labour Repairs or any repair $50 or less before taxes. Any “Locals Discount” is applied before federal and provincial tax and the donation is not taxed.

Replacement Cracked RMA Warranty Screens

16.1 Whistler Village Phone Repair’s Lifetime warranty covers all manufacture defects. If the screen is returned with a crack or a big scratch or in any condition that is not like new, unfortunately, Whistler Village Phone Repair can not Warranty the screen.

Warranty Phones

17.1 In the event Whistler Village Phone Repair requires our insurance provider to claim a device our insurance provider will replace the device with an equivalent or better device. These devices are refurbished devices that are fully operational. Phones will be replaced with a device we have in stock, we generally ask the customers preference, but the preference is not guaranteed. Whistler Village Phone Repair insurance provider determines the final device and price. We can not alter this value or device. We can offer a payout for the current value of the device.   Our insurance provider warranties the device for 60 days from the date of your original repair. After this point there is nothing Whistler Village Phone Repair or it’s warranty provider can do. Please report any issues directly to support@villagephonerepair.com

Refunds

18.1 Please see individual clauses for refund policy. No refunds will be given for any repairs, labour or unlocks. All sales are final with a warranty period. Whistler Village Phone Repair will do everything in its power to restore your device but if unsuccessful no refunds will be granted for labour or parts installed.

Loner Phones
19.1 Loner phones are the property of Whistler Village Phone Repair and must be returned damage free at the end of your appointment. All phones are tracked and Whistler Village Phone Repair will not tolerate damaged or stolen devices. When you the customer receive Whistler Village Phone Repair’s loner phone you are solely responsible for the device and its well being. If Whistler Village Phone Repair’s device is returned in a different state the Customer is liable for all repair costs. You the Customer can not use this device to text or socialize with friends it is purely for communication with Whistler Village Phone Repair employees.

Net 7 Delayed Payment Policy

20.1 Upon approval, Whistler Village Phone Repair provides a Net 7 Delayed Payment Policy. A Net 7 Delayed Payment Policy is a way of delaying the customer’s payment for up to 7 days. The customer will not be penalized for payments during the 7 days following the receipt of your order. After the customer receives the returned device from a repair, the customer is required to pay within 7 days. Whistler Village Phone Repair will provide an invoice on request and will send a copy with the warning letter. Whistler Village Phone Repair will provide two (2) warnings after the 7 days have expired. After 7 days the customer will be charged a 2% late fee compounding daily until the payment is made in full. If after 15 days the customer has not paid the invoice or contacted us we will send it to a collections agency. Net 7 is only available in Canada. The customer agrees to the Net 7 delayed payment agreement by visiting Whistler Village Phone Repair and by the signed waiver.

Payment Not Made On Pickup

21.1 Payment is due upon pickup. If payment is not made to Whistler Village Phone Repair on pickup. the customer will be charged a $80 upfront fee plus 2% late fee compounding daily until the payment is made in full. If after 15 days the customer has not paid the invoice we will send it to a collections agency.

DW 7 Terms On Invoices

22.1 If the customer invoice has “DW 7” Term on an invoice it is a warning for a collections notice. Interest of 2% compound daily will be applied. After 7 days from the final invoice, legal action for collection of monies owed will be instated. By Law, Whistler Village Phone Repair is required to warn the customer 3 times within this 7 day period. After 7 days, the total amount of the invoice plus interest and legal fees will be sent to a collections agency and or Whistler Village Phone Repair will proceed with legal action to retrieve the final amount.

Screen Errors and Errors

23.1 If a customer returns a phone with an error screen such as a red flash, blue flash, white flash, or any error code, Whistler Village Phone Repair will attempt to repair but ultimately will not be held responsible for the error codes. Error codes are generated for issues outside of Whistler Village Phone Repair’s control and repair area. Error codes can happen for a variety of reasons including a phone rejecting the repaired part. Warranty does not apply for error codes that require additional parts. A maximum of 1h will be spent in attempts to repair the device. Whistler Village Phone Repair performs extensive tests before and after each repair and every repair is documented and recorded. Whistler Village Phone Repair reserves the right to refuse a follow-up repair and is not liable for any lost data or loss of device functionality. In the event, a touch id cable is damaged it will be replaced. After a touch id cable is replaced there is a chance the touch id function will not work. Whistler Village Phone Repair assumes no responsibility for this error as Apple is required to re-calibrate the touch id.

23.2 In the event that a device is damaged beyond repair Whistler Village Phone Repair at it’s discretion will attempt to replace the device but is not required to. If a device is replace by Whistler Village Phone Repair the original service fee still applies. Please see section 32 for more info

Waterproofing On Phones

24.1 Whistler Village Phone Repair cannot guarantee the water resistance or the waterproofing of a device after the device is opened or repaired. Special glue sealant and gaskets are used in the factory to keep water resistant and water proof devices free of water. Whistler Village Phone Repair uses a similar 3m glue but we can not guarantee the same water resistance. Whistler Village Phone Repair is not responsible for any water damage after a repair. Please keep your device away from water! If water is present in a Warranty repair, the warranty will be void. (See Below)

Battery

25.1 Battery replacement will only be performed on a non-damaged phone. Battery swaps will not be performed. Battery replacement is not guaranteed to fix your battery life, many times it is another part of the phone at is not working. Whistler Village Phone Repair will under no circumstances replace your battery with your old battery. By booking a repair you consent to these policies. Battery replacements are non-refundable. Once installed a battery can not be removed without damaging it. It does, however, fall under our 60-day warranty.

Repair Time Constraints

26.1 If a customer places a time constraint on Whistler Village Phone Repair to repair a device such as but not limited to a departure date, verbal date or written date Whistler Village Phone Repair will do it’s best to complete any repair by this date. If the device is not repaired on time Whistler Village Phone Repair can mail the completed device or provide the device in it’s current state to be completed at another location or company. Whistler Village Phone Repair assumes no responsibility for any subsequent fees, taxes or shipping charges. The customer must pre pay all shipping expenses and assumes all responsibility for any additional import/ export fees.

Screen Separation 

27.1 Whistler Village Phone Repair will not be held accountable for screen separation. Screen separation occurs when a phone is bent or dented on the corners, this is the case for many phones and even with a new screen the issue will continue to occur.  Whistler Village Phone Repair will not replace screens that have raised from its frame due to a bent phone as this is not a manufacturing or labor issue. For more information please contact us

Device Network Unlocking

28.1 Device network unlocking will only be performed on clean IMEI devices that are not blacklisted or iCloud locked. In the event that Whistler Village Phone Repair encounters a Blacklisted device, Whistler Village Phone Repair reserves the right to cease the device and report it to the federal police. In the event that a phone can not be unlocked, Whistler Village Phone Repair will refund 90% of the purchase price.

28.2 Whistler Village Phone Repair requires a payment in full up front as Whistler Village Phone Repair does not control the device at any time. Alternatively, Whistler Village Phone Repair can control the device until the device is unlocked. At that time a payment in full is required.

28.3 If an IMEI number is given incorrectly to Whistler Village Phone Repair the customer may not get a full refund. Whistler Village Phone Repair uses a third party unlocking site and any fees associated with an error in the IMEI falls under the customer’s responsibility.

28.4 Whistler Village Phone Repair will provide an estimated delivery date for the unlock code but unlock eta’s are not guaranteed. Refunds will not be provided until a refund is provided to Whistler Village Phone Repair from Whistler Village Phone Repair’s third party company.

28.5 Whistler Village Phone Repair does not guarantee network unlocks, all unlocks are done through a third party company. In the event Whistler Village Phone Repair can not unlock the device a full refund will be provided by email transfer or card refund.

28.6 Unlocks are final sale only, we use a third party gateway to process unlocks. Once a payment is made it is sent to the third party for processing which is non refundable. If a unlock fails then we can offer a 90% refund.

Force Majeure

29.1 Events outside Whistler Village Phone Repair control, which is not reasonably foreseeable, shall be considered force majeure, meaning that Whistler Village Phone Repair is released from Whistler Village Phone Repair obligations to fulfill contractual agreements. An example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

Employees
30.1 Whistler Village Phone Repair employees automatically agree to our terms and conditions, non-disclosure, non-compete and privacy policy. All Whistler Village Phone Repair employees are bound by these terms when they set foot on Whistler Village Phone Repair property.

Lost or Stolen Devices
31.1 If a customer brings in a lost or stolen device Whistler Village Phone Repair has the right to contact the police and or return the device to the original owner. The customer waives all rights to owning the phone when the phone is dropped off to Whistler Village Phone Repair and if the customer disputes the issue Whistler Village Phone Repair will consult the aid of the police.

Damages To Device

32.1 Whistler Village Phone Repair will not be held accountable for events beyond Whistler Village Phone Repair control such as a shorted or rendered unusable, disabled or partly broken device or loss of data or personal information.

32.2 Whistler Village Phone Repair does not assume responsibility for any error messages that the user may encounter after a repair.

32.3 Whistler Village Phone Repair does not assume responsibility for “Error 53” on any devices.

60-Day Limited Warranty

33.1 Whistler Village Phone Repair warranties all repairs and parts free of defects in materials and workmanship for a period of 60 days from the date of repair for the purchaser of the repair. If the unit should malfunction, it must be returned to Whistler Village Phone Repair store or service centre for evaluation and all costs of shipping shall be borne solely by the customer. Whistler Village Phone Repair’s Customer Service Department will diagnose the repair immediately upon receipt. Upon examination by Whistler Village Phone Repair, if the unit is found to be defective it will be repaired or replaced at no charge. Whistler Village Phone Repair’s warranty, however, does not apply to defects resulting from any action of the customer, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, repair by someone other than Whistler Village Phone Repair, use of any other product other than Whistler Village Phone Repair products, or unauthorized modification. This warranty is VOID

Limitation of Liability

34.1 REPAIR OR REPLACEMENT OF THIS PRODUCT, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY. WHISTLER VILLAGE PHONE REPAIR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST REVENUES, LOST PROFITS, RENTAL OF REPLACEMENT EQUIPMENT, DOWNTIME, DAMAGE TO PROPERTY, AND THIRD-PARTY CLAIMS, ARISING OUT OF ANY THEORY OF RECOVERY, INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT. NOTWITHSTANDING THE TERM OF ANY WARRANTY OR ANY WARRANTY IMPLIED BY LAW, OR IN THE EVENT THAT ANY WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL WHISTLER VILLAGE PHONE REPAIR’S TOTAL CUMULATIVE LIABILITY EXCEED THE PURCHASE PRICE OF THE DEVICE OR SERVICE. USE OF THE DEVICE IS AT YOUR OWN RISK.

Repair Time and Delivery

35.1 Whistler Village Phone Repair will make reasonable efforts to deliver repaired equipment within the estimated time of delivery but does not guarantee that a repair will be completed within a specific period of time. Whistler Village Phone Repair shall not be liable for any failures or delay in service due to any cause beyond its control. Whistler Village Phone Repair reserves the right to refrain from providing the repairs or services ordered and instead refund customer’s payment at its sole discretion.

Manufacturer Warranties

36.1 You recognize that Whistler Village Phone Repair is an independent, third party repair company not affiliated with any original manufacturer or insurance company and that having your device repaired or worked on by Whistler Village Phone Repair may void any manufacturer warranty or ability to utilize insurance providers. Whistler Village Phone Repair is not responsible for any warranty that is considered void after repair services by Whistler Village Phone Repair have been rendered.

Replacement Parts

37.1 You recognize that Whistler Village Phone Repair is an independent, third party repair company not affiliated with any original manufacturer. Like any repair provider outside the original manufacturer, Whistler Village Phone Repair does not always have access to original equipment manufacturer (OEM) parts.

37.2 You recognize that after any service is performed, the damaged parts that are replaced during service become the property of Whistler Village Phone Repair Upon payment for any repair or service, you forfeit any claim on the damaged parts that were replaced during the repair or their value.

Payment

38.1 All products and devices remain Whistler Village Phone Repair property until payment in full is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from Whistler Village Phone Repair

38.2 All transfers conducted through Whistler Village Phone Repair are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

Consent

39.1 By visiting Whistler Village Phone Repair or any of its subsidiaries sites you consent automatically to the terms and conditions, privacy policy, cookie policy and our Non-Disclosure Agreement

Local Taxes

40.1 Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer’s own expense.

Delivery/ Pickup Policy

41.1 Whistler Village Phone Repair requires customers to consent to our policy. Whistler Village Phone Repair will charge the customer an extra $20 for pick up and delivery. Whistler Village Phone Repair reserves the right to hold devices if payment is not made in full. Whistler Village Phone Repair will safe drop if payments are made up front or before delivery. Whistler Village Phone Repair does not offer half price for one-way delivery, Whistler Village Phone Repair only offers both way delivery and pick up. Whistler Village Phone Repair will allow the customer to pick up or drop off the phone but the price will not be deducted. After Whistler Village Phone Repair drops off the device, Whistler Village Phone Repair does not resume responsibility for stolen or lost/ damaged devices. Customer MUST specify the specific location for Whistler Village Phone Repair to safe drop. If weather becomes severe, the customer must pick up the device or wait until the next business day. If the customer refuses to pay then Whistler Village Phone Repair has the right to withhold the phone until a payment is made. After 30 (thirty) days Whistler Village Phone Repair reserves the right to auction the device to cover costs.

Fix At My Place Policy

42.1 Whistler Village Phone Repair requires customers to consent to out policy. Whistler Village Phone Repair will charge the customer an extra $30 for fix at my place services. Whistler Village Phone Repair reserves the right to hold devices if payment is not made in full. If weather becomes severe, Whistler Village Phone Repair will not offer Fix At My Place services. If the customer refuses to pay then Whistler Village Phone Repair has the right to withhold the phone until a payment is made. After 30 (thirty) days CellFurb Inc. reserves the right to auction the device to cover costs. CellFurb Inc. does not assume responsibility for any damages while repairing at the customer’s location. Customers must put lock up all animals before a CellFurb Inc. tech arrives. Customers must provide a chair and a flat surface for CellFurb Inc. techs to work. CellFurb Inc. will not tolerate customers that abuse alcohol, cigarets or drugs while a CellFurb Inc. tech are present. CellFurb Inc. assumes no responsibility for any damage done to property or devices. By agreeing to this policy you authorize CellFurb Inc. techs to enter your home. If a CellFurb Inc. tech is in any way harmed, CellFurb Inc. will prosecute the customer to the fullest extent of the law. If a CellFurb Inc. tech spots any illegal activity, the tech is required to report it to CellFurb Inc. and CellFurb Inc. will provide all information to the proper authorities.

Limitation of Liability

43.1 REPAIR OR REPLACEMENT OF THIS PRODUCT, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY. CELLFURB INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST REVENUES, LOST PROFITS, RENTAL OF REPLACEMENT EQUIPMENT, DOWNTIME, DAMAGE TO PROPERTY, AND THIRD-PARTY CLAIMS, ARISING OUT OF ANY THEORY OF RECOVERY, INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT. NOTWITHSTANDING THE TERM OF ANY WARRANTY OR ANY WARRANTY IMPLIED BY LAW, OR IN THE EVENT THAT ANY WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CELLFURB INC. TOTAL CUMULATIVE LIABILITY EXCEED THE PURCHASE PRICE OF THE DEVICE OR SERVICE. USE OF THE DEVICE IS AT YOUR OWN RISK.

Repair Time and Delivery

44.1 CellFurb Inc. will make reasonable efforts to deliver repaired equipment within the estimated time of delivery but does not guarantee that a repair will be completed within a specific period of time. CellFurb Inc. shall not be liable for any failures or delay in service due to any cause beyond its control. CellFurb Inc. reserves the right to refrain from providing the repairs or services ordered and instead refund customer’s payment at its sole discretion.

Manufacturer Warranties

45.1 You recognize that CellFurb Inc. is an independent, third party repair company not affiliated with any original manufacturer or insurance company and that having your device repaired or worked on by CellFurb Inc. may void any manufacturer warranty or ability to utilize insurance providers. CellFurb Inc. is not responsible for any warranty that is considered void after repair services by CellFurb Inc. have been rendered.

Replacement Parts

46.1 You recognize that CellFurb Inc. is an independent, third party repair company not affiliated with any original manufacturer. Like any repair provider outside the original manufacturer, CellFurb Inc. does not always have access to original equipment manufacturer (OEM) parts.

46.2 You recognize that after any service is performed, the damaged parts that are replaced during service become the property of CellFurb Inc. Upon payment for any repair or service, you forfeit any claim on the damaged parts that were replaced during the repair or their value.

Responsibility to Pick Up Devices

47.1 Due to space limitations, CellFurb Inc. requests that you pick up your equipment promptly.
If equipment is left with CellFurb Inc. and is not picked up within 30 days after being notified by CellFurb Inc. that your product has been serviced, CellFurb Inc. will consider your equipment abandoned and may dispose of your equipment in accordance with applicable law. You agree to hold CellFurb Inc. harmless for any damage or claim for the abandoned property (as stated in the signed work order every customer receives before the repair process is initiated), which we may discard or recycle at our sole discretion 30 days from the customer being notified that your product has been serviced.

Software

48.1 If service involves transferring information or installing software, customer represents that customer has the legal right to copy the information and agree to the terms of the software license, and customer authorizes CellFurb Inc. to transfer the information and accept such terms on your behalf in performing the service at your instruction.

48.2 You acknowledge and agree that You are solely responsible for all Content that You make available through the Device. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all Content that You make available through the Device or You have all rights, licenses, or permissions, consents, and releases that are necessary to grant CellFurb Inc. to the rights in such Content, as contemplated under this Agreement; and (ii) neither the Content nor Your posting, uploading, publication, submission, or transmittal of the Content or CellFurb Inc.’s use of the Content (or any portion thereof) on, through, or by means of the Device or otherwise will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Payment for Service

49.1 Payment in full for repairs and services must be rendered prior to picking up a device. A non-refundable repair deposit may be required for parts that require a special order to be placed.

Liquid Damage Diagnostic and Board Cleaning Service

50.1 You understand that due to the nature of the liquid damage, a device that may arrive in “working” or “partially working” condition with liquid damage present, may not work after the diagnostic is performed. Liquid causes corrosion and rust on many components which can result in reduced device functionality after disassembly and re-assembly.

50.2 You understand that if a device is operable upon arrival it is recommended that you back up the device before leaving it to be diagnosed. CellFurb Inc. is not responsible for any data loss/ non-working devices after a diagnostic is performed in the presence of liquid damage.

50.3 You understand that the goal of a liquid cleaning service is to get the motherboard of the device in an operable condition. This service does not include non-integrated parts such as physical buttons, batteries, Wi-Fi cards/cables, or any other components that are not built into the motherboard itself.

50.4 You understand that if the liquid damage motherboard cleaning service resolves all device issues, then the customer will be responsible for the liquid damage motherboard cleaning fee stated on the work order.

50.5 You understand that if additional non-integrated components are needed to fix the device, you will be contacted with a detailed price quote. If you elect to proceed with the replacement of non-integrated components, the liquid damage cleaning fee will be waived.

50.6 You understand that if the motherboard cleaning service does not restore full functionality to the motherboard of the device (meaning the phone cannot be fully repaired), there will be no charge for the motherboard cleaning service.

Computer Virus Removal, Operating System Reinstall, and Data Backup

51.1 You understand that during a virus repair or removal CellFurb Inc. uses a multitude of software tools to remove any malware present in the device.

51.2 You understand that due to the nature of many viruses (which infect not only the Operating System but also user files) CellFurb Inc. CANNOT guarantee that 100% of your files will remain intact. There exists the possibility of having to delete documents, music, pictures, applications, and any other data that have become infected.

51.3 You understand that CellFurb Inc. CANNOT guarantee malware removal through software alone. If it is the case that CellFurb Inc. cannot safely remove the virus entirely, you will not be charged for the virus removal service, and CellFurb Inc. will contact you about performing a reinstall of the operating system from a clean installation.

51.4 You understand that CellFurb Inc. will not back up any user created file unless a “Computer backup service” is included.

51.5 You understand that if an Operating System Reinstall service is performed CellFurb Inc. provides a factory installation with no additional software installed except for primary hardware drivers. Any Software, including Anti-Malware (free or paid subscription), is subject to a software installation fee.

51.6 You understand that CellFurb Inc. CANNOT install a different operating system than what is provided by the computer’s manufacturer, or provided by the Customer. Customer represents that customer has the legal right to use the operating system and has agreed to the terms of the software license.

Collection and Use of Personal Information

52.1 Information such as name and email address is collected for internal record keeping, service updates, requesting feedback, and provide you product information, promotional information, and updates to CellFurb Inc. Terms of Service and Privacy Policy.

In-Store Cameras

53.1 In-store cameras are used to assist in loss prevention and to protect the valuable internal and customer belongings while you are in the store.

Affiliation

54.1 CellFurb Inc., its products and any of its subsidiaries are in no way endorsed, sponsored or affiliated with Apple, Google, HTC, Motorola, Blackberry(RIM), LG, Huawei, ZTE, Sony, Samsung, Whistler Blackcomb Inc. or any of their subsidiaries. CellFurb Inc. is a federally incorporated company with its headquarters in Ottawa, ON.

Accessing Data on Customer Devices

55.1 As part of our required diagnostic testing, certain applications containing customer data (such as camera, dial pad, and messaging applications), may need to be accessed to thoroughly test the device’s functionality. This process is essential to ensuring we have done our due diligence in repairing your device to the best of our ability. This information is never intentionally exposed in any way and will not be mishandled or sold to third party companies for any purpose. CellFurb Inc. will never transfer or copy data on a customer’s device to any other equipment without customers express consent or unless the operation is required to complete the services requested by the customer.

Data Backup and Recovery Services

56.1 In the event of a repair, or any similar circumstances, that requires a device be restored to original settings CellFurb Inc. will backup data to the best of our ability. If data becomes lost or corrupted during the repair process, though not responsible for the loss of data, CellFurb Inc. employees will direct affected customers to a reputable data recovery company.

Employees

57.1 Any CellFurb Inc. employee who is working casual, part time or full time also agrees to these terms and conditions, privacy policy, non-disclosure, and non-compete. CellFurb Inc. employees automatically agree to these terms and conditions when they enter CellFurb Inc. property.

Data Loss

58.1 Customer agrees that prior to CellFurb Inc. servicing of any customer equipment, it is customer’s responsibility to (1) backup all data, software, information, or other files stored on customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media from customer’s product, as applicable. Except as expressly provided for herein, CellFurb Inc. shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media.

58.2 When the repair process has begun after the e-signing of the book a repair, the customer has consented to this policy and all its attributes.

The Use of this Website is Subject to the Following Terms of Service:

59.1 CellFurb Inc. offers multiple websites including CellFurb.com, including all information, software, products, and services available from this website or offered as part of or in conjunction with this website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on this website.
Your continued use of the website constitutes your agreement to all such terms, conditions, and notices, and any changes to this Terms of Service made by CellFurb Inc.
The term ”CellFurb” or “us”, “we”, or “our” refers to the owner of this website. The term “you” refers to the user or viewer of this website.
Use the website at your own risk. This website is provided to you “as is” without warranty of any kind either express or implied. Neither CellFurb Inc. nor its employees, agents, third-party information providers, merchants, licensors, or the like warrant that the website or its operation will be accurate, reliable, uninterrupted, or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of CellFurb Inc. CellFurb Inc. reserves the right to change or discontinue at any time any aspect or feature of the website.

Limitation of Liability

60.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Indemnification

61.1 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Terms of Service.

61.2 All trademarks reproduced in this website which is not the property of, or licensed to, the operator is acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages, be a criminal offense, or both.

61.3 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).

Copyright

62.1 Except for material in the public domain under United States copyright law and Canadian copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States, Canadian and foreign copyright laws. Except as otherwise expressly provided in this Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of CellFurb Inc.
None of the material contained on the website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold, or redistributed without the prior written consent of CellFurb Inc. Violation of this provision may result in severe civil and criminal penalties.

Changes to Terms of Service

63.1 CellFurb Inc. reserves the right, at any time, to modify the terms this Terms of Service, by making those modifications available on this website or by providing notice to you. Any modification will be effective immediately upon posting on this website or other such notice. You are deemed to have agreed to such modification through your continued use of the products or services.

Waiver and Severability

64.1 CellFurb Inc. failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the invalidity of such provision shall not affect the remaining provisions of these Terms of Service, and all provisions not affected will remain in full effect to the fullest extent possible consistent with the intent of the parties.

Contracting

65.1 CellFurb Inc. contracts for many establishments. We assume no responsibility for liability outside of CellFurb Inc.’s control.

65.2 CellFurb Inc. will comply with provided contracts. Should there be no contract CellFurb Inc. reserves the right to cancel the contract at any time unless other timelines are binding.

65.3 CellFurb Inc. reserves the right to bill for upcoming scheduled meetings, appointments, work and any form of scheduled time requiring a member of CellFurb Inc. to attend should a contract be cancelled.

65.4 CellFurb Inc. assumes no responsibility for work not delivered on time or work not completed due to force Majeure.

65.5 All clients who employ, contract or use CellFurb Inc. services are bound by the terms of conditions, non disclosure and terms of service. Enforceable by applicable Ontario and Federal Law.

Updated August 13th 2017

If you have any questions regarding this matter please contact our legal team.