Terms & conditions - Mobile Klinik

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Terms & conditions

Mobile Klinik service terms

This is an agreement between you and Mobile Service Center Canada Limited, d.b.a. Mobile Klinik Professional Smartphone Repair (“Mobile Klinik”). It sets out the terms and conditions (the “Service Terms”) that apply to your use of Mobile Klinik products and services, including customer assistance, customer services provided by Mobile Klinik teams, repairs to smartphones and electronic tablets (“Device”), warranties and guarantees provided by Mobile Klinik, sales of your Device to Mobile Klinik and purchases of certified pre-owned Devices or accessories (collectively, the “Products and Services”). The Service Terms, together with the User Terms, and Mobile Klinik’s Privacy Commitment form the agreement between you and Mobile Klinik for the Products and Services (the “Agreement”).

By using the Products and Services you are agreeing to the terms of the Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE PRODUCTS AND SERVICES. For the purposes of these Service Terms, “you” refers to the Mobile Klinik customer.

Mobile Klinik reserves the right to amend any term of the Agreement, including rates and additional charges, at any time by giving 45 days’ notice. Mobile Klinik will notify you of amendments to the Agreement by posting notice of the amendment at www.mobileklinik.ca (the “Website”). Your continued use of the Products and Services following any amendment shall be deemed to be your acceptance of the amended Agreement, your waiver of any additional notice requirements and your agreement to pay for the Products and Services in accordance with the amended Agreement.

Table of Contents

1…………………………………… What Mobile Klinik Provides
2…………………………………… Online Purchases
3…………………………………… Limited Warranty for “The Cellairis Bundle”
4…………………………………… Your Responsibilities
5…………………………………… Privacy
6…………………………………… General Terms

1. What Mobile Klinik Provides

a) Repair Services and Quotes

Mobile Klinik will make all reasonable efforts to repair your Device with utmost care and skill. Prior to any repair being provided, Mobile Klinik will provide you with a quote for an estimated cost to repair your Device based on the information provided by you. After you have accepted the quote, Mobile Klinik will proceed with the repair of your Device. In the event that the actual cost to repair your Device is higher than the cost quoted to you, Mobile Klinik will obtain your consent before proceeding with the repair. Any time estimate given for the completion of a repair is an estimate only and does not form any obligation under these Service Terms.

All quotes provided for a repair exclude applicable taxes. Any quote provided is only valid for the day on which it is provided, as prices may fluctuate.

When your Device is repaired and available for collection, Mobile Klinik will notify you through your preferred contact method.

b) Repair and Device Financing

Repair and Device financing is available with Affirm. The terms and conditions of any financing provided by Affirm will be governed by the agreement between you and Affirm. Mobile Klinik is not responsible for agreements and payment terms regarding financing.

c) Guarantees and Warranties

The following guarantees and warranties are provided by Mobile Klinik. Mobile Klinik’s head office is located at: 26 Floor, 25 York Street, Toronto ON M5J 2V5.

i) Repair Services Guarantees

What is Covered

Unless otherwise stated, repair services provided by Mobile Klinik, for repairs not covered by an OEM warranty or under an extended warranty program, have a limited lifetime guarantee in accordance with these Service Terms.

Repairs made with Apple OEM parts will be guaranteed for a period of ninety (90) days from the date of repair.

Replacement batteries are guaranteed for 12 months from the date of installation.

What is Not Covered

Repairs made under an OEM warranty program or through an extended warranty program are not covered by this guarantee.

If the Device develops an additional fault unrelated to the original repair, or is damaged after the repair services, this guarantee is null and void. This guarantee does not cover screen replacements that are required due to damage caused by liquid, and/or physical damage to the surface of a Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

Claims Procedure

If your Device fails during the guarantee period, you may take your Device to any Mobile Klinik location for diagnostics. If the reason for your Device failure falls within the scope of this guarantee, Mobile Klinik will repair your Device at no additional cost. If your Device was initially repaired through our mail-in repair service, you may opt to mail-in your Device for diagnostics under the terms of this guarantee. Mobile Klinik will cover the shipping fees for mail-in diagnostics if your repair was initially completed through our mail-in service.

Limitation

This guarantee will not apply if any of the following conditions occur:

  • The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible;
  • The defect was cause by the deterioration of the Device due to excessive wear and tear;
  • The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Mobile Klinik (including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;
  • The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
  • The defect was caused by a defective function of the cellular network or other system;
  • The Device software needs to be upgraded due to changes in cellular network parameters; or
  • The defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by Mobile Klinik or used in other than its intended use and where it can be shown by Mobile Klinik that such defect is not the fault of the Device itself.

Transferability

This guarantee is included in the price paid as a benefit to you, and therefore is non-transferable.

ii) Certified Pre-Owned Device Warranties

What is Covered

For Certified Pre-Owned Devices (“CPO Devices”) Mobile Klinik offers a 12-month limited warranty that the Device shall be free of defects in materials and workmanship, subject to the conditions below.

What is Not Covered

This warranty applies only to the hardware components of CPO Devices, and does not apply to any software or any accessories or peripheral equipment.

This warranty does not cover damage caused by liquid, and/or physical damage to the surface of a CPO Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

Claims Procedure

If your Device fails during the warranty period, you may take your Device and original purchase receipt to any Mobile Klinik location for diagnostics. If you purchased your Device via mobileklinik.ca and are not close to a Mobile Klinik location, you may opt to have your Device repaired via our mail-in repair service under the terms of this warranty. If the reason for your Device failure falls within the scope of this warranty, Mobile Klinik will repair your Device at no additional cost. If Mobile Klinik is unable to repair your Device, Mobile Klinik will replace your Device with another functional equivalent Device.

Limitation

This warranty will not apply if any of the following conditions occur:

  • The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible;
    The defect was cause by the deterioration of the Device due to excessive wear and tear;
  • The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Mobile Klinik (including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;
  • The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
  • The defect was caused by a defective function of the cellular network or other system;
  • The Device software needs to be upgraded due to changes in cellular network parameters; or
  • The defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by Mobile Klinik or used in other than its intended use and where it can be shown by Mobile Klinik that such defect is not the fault of the Device itself.

Transferability

This warranty is given only to the original purchaser of the CPO Device, and is non-transferable.

iii) General Terms

The Products and Services are provided on an “as is” and “as available” basis. Your use of any of the Products and Services is at your sole risk. To the fullest extent permitted by applicable law, unless otherwise specified in these Service Terms, Mobile Klinik disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Products and Services, including any warranty of fitness for any particular use or purpose you intend for the Products and Services, even if you have communicated such intention to Mobile Klinik.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, GUARANTEES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MOBILE KLINIK SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

2. Online Purchases

a) Ordering Process

In order to make a purchase on the Mobile Klinik Website, you must be a registered account holder or check out as a guest. In either case, you must be the age of majority in your province or territory of residence and you will need to provide Mobile Klinik with certain personal information so that your order can be processed. You are responsible to ensure the continued accuracy of this information.

b) Price

All prices are listed in Canadian currency and all charges will be processed in Canadian currency. Prices which may be displayed or advertised on the Website or through any other electronic communications from Mobile Klinik are subject to confirmation, do not include shipping fees and applicable sales tax, and are subject to change without notice at Mobile Klinik’s sole discretion. Shipping and taxes will be displayed at checkout prior to your final order submission.

c) Availability and Description of Products

The purchase of products on the Website is subject to availability. Mobile Klinik reserves the right to limit the quantities of certain products which you can purchase through the Website and some items viewed on the Website may be unavailable for purchase online. Merchandise in your “shopping cart” is not reserved.

While Mobile Klinik attempts to be accurate in its product descriptions, we do not represent or warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with Mobile Klinik’s return policy.

d) Rejection or Cancellation of Orders

Mobile Klinik may cancel orders and refund customers’ payment because of pricing errors, unavailability of inventory or for any other reason. In the event that Mobile Klinik rejects your order, Mobile Klinik will have no obligation to fulfill your order and you will have no obligation to pay Mobile Klinik for the order.

e) Payment

You may pay for your purchase using VISA, Mastercard, American Express, Affirm financing or PayPal and you authorize Mobile Klinik to charge the applicable card or payment service for the purchase price. You represent and warrant that you are the account holder of the applicable account used for purchase. If your card is rejected by the card issuer, your order will not be shipped and Mobile Klinik has no obligation to fulfill your order. All billing and registration information provided by you to Mobile Klinik must be truthful and accurate.

f) Shipment

Your order will be shipped by one of Mobile Klinik’s third party carriers. Once your order has shipped, you will receive a shipping confirmation email and your credit card or payment service will be charged. Orders will ship from various fulfillment centres across Canada. Orders cannot be shipped to addresses outside Canada or freight forwarding addresses. Shipping windows are estimates and delivery times are not guaranteed as orders may experience unexpected delays. Mobile Klinik is not responsible for any delays in delivery.

g) Returns & Exchanges

At Mobile Klinik, we want to make sure you’re happy with your purchase. If you’re not satisfied, you can return your purchase for an exchange or refund provided that you meet the following criteria:

i) Proof of Purchase

You have the original sales receipt or order email.

ii) Product in its original condition & packaging

For an exchange or refund, your purchase must be returned with its original packaging and in the same condition as when it was purchased.

The following products are not eligible for return:

  • Accessories with earpieces or earbuds
  • SIM cards
iii) Returned within 15 days of purchase

In the case of CPO Devices, if we determine that your Device is defective in the first 15 days following your purchase, Mobile Klinik will replace the Device free of charge.

All retail store and online purchases must be returned within 15 days of the purchase date. Please email us at customerservice@mobileklinik.ca or visit one of our locations to initiate your return. Please include your sales order number, which can be found on your email receipt.

Online orders must be returned to a Mobile Klinik store or shipped back to Mobile Klinik at the purchaser’s expense.

iv) Holiday Return Policy

CPOs purchased online between December 1, 2023 and December 31, 2023, may be returned through January 31, 2024. Please note that all other terms and conditions provided in the Mobile Klinik online store and Refunds Policy are still applicable with respect to such items purchased. All purchases made online after December 31, 2023 are subject to the Standard Return Policy.

v) Device passwords, personal data and locks removed

Please remove all personal data from any returned items (e.g. phonebook data, memory cards and passwords). Once the product is returned, it cannot be traced to recover personal data. Mobile Klinik is not responsible for any unauthorized use of personal data left on returned items.

vi) Payment on Refunds

All refunds will be refunded in the original form of payment. To protect our customers from fraudulent activity, we reserve the right to request valid photo ID for the purposes of validating customer information when processing a return or exchange.

vii.) Gift with Purchase

If the purchase included a free gift or bonus item (i.e. free accessory, gift card, etc.) this item must also be returned, or the current retail value of that item will be deducted from the amount eligible for exchange or refund.

3. Limited Warranty for “The Cellairis Bundle”

Consumer Program

WHAT IS THIS DOCUMENT: All Cellairis branded products sold by Mobile Klinik or by Our independently owned and operated authorized retailers, come with a limited warranty and for more information about the terms and conditions of that warranty please visit https://mobileklinik.ca/general-terms-conditions/. This document describes the terms and conditions for the “Limited Warranty” that You will receive when You purchase The Cellairis Bundle, have The Cellairis Bundle installed onto Your Device, and register The Cellairis Bundle at the time of purchase, which will be done at the Mobile Klinik retail location. The Cellairis Bundle is also available to be purchased online from Us only if You purchase the Device from Us, and also purchase The Cellairis Bundle at the same time. You should keep this document and Your receipt for The Cellairis Bundle, as they may be necessary in order to receive services under this Limited Warranty. These Limited Warranty terms, together with the Mobile Klinik Service Terms, and Mobile Klinik’s Privacy Commitment form the agreement between you and Mobile Klinik for the Limited Warranty.

DEFINITIONS OF WORDS OR PHRASES USED IN THIS DOCUMENT:

  1. “We”, “Us”, “Our”, and “Mobile Klinik” means Mobile Service Center Canada Limited, d.b.a. Mobile Klinik Professional Smartphone Repair, located at 26 Floor, 25 York Street, Toronto ON M5J 2V5, Canada, which is the company that sells The Cellairis Bundle and is providing this Limited Warranty in the Country of Canada.
  2. “You” and “Your” mean the original purchaser of The Cellairis Bundle installed on the Device or any persons to whom the Device was transferred to during the term of the Limited Warranty.
  3. “Device” means any Apple or Samsung wireless device for which The Cellairis Bundle is sold, provided the device is registered with Us at the time of purchase either at the Mobile Klinik retail location or through Our online retail store.
  4. “Accidental Screen Damage” means damage that occurs to the LCD and/or Digitizer screen of Your Device during normal use resulting from failure of The Cellairis Bundle to protect the screen on Your Device. Accidental Screen Damage does not mean liquid damage, as that is NOT covered by our Limited Warranty, and there are other events and examples of what is not covered below (See the section on “What Is Not Covered”).
  5. Cellairis® is the registered trademark of JJT Holdings, LLC, which licenses the trademark to Global Cellular, Inc., located at 6485 Shiloh Road, Building B-100, Alpharetta, Georgia 30005, USA. Global Cellular, Inc. is the company that manufactures the products that are included within The Cellairis Bundle and for more information about the terms and conditions relating to products other than The Cellairis Bundle, which are sold by Global Cellular, please visit https://www.cellairis.com/return-policy.

TIME TO TALK ABOUT WHAT THIS PROGRAM IS ALL ABOUT

WHAT MAKES UP THE CELLAIRIS BUNDLE: “The Cellairis Bundle” means either the Rapture® case or the Showcase® case and Shell Shock® Screen Protector purchased for your Device from a Mobile Klinik retail location or Our online retail store.

ONCE I REGISTER THE CELLAIRIS BUNDLE HOW LONG IS THE LIMITED WARRANTY? The “Term” of the Limited Warranty begins on the date of registration of The Cellairis Bundle (which must be on the same day that You purchase The Cellairis Bundle, either in person or if purchased online), and continues for the earlier of: (i) 24 months; or (ii) if the screen on the Device needs to be repaired and it cannot be repaired because of other issues with the Device and the Repair Center (which is defined below) “totals” Your Device and You receive the return of the purchase price You paid for The Cellairis Bundle (this is all described below). In the event Your Device is in the process of being serviced by a Repair Center when the 24 months expires, then do not worry, the term will be extended to cover the repair or in the discretion of the Repair Center, the repair cannot be made and We make a payment to You in the amount of the purchase price You paid for The Cellairis Bundle (which is all described below).

HOW DOES THE LIMITED WARRANTY WORK? Your Device must be registered on the date You purchase The Cellairis Bundle to qualify for the Limited Warranty. If You purchased the Cellairis Bundle in-store: in order to register Your Device when you made the purchase from a Mobile Klinik retail location you need to: (i) give Your device to a store employee; and (ii) the store employee will complete the diagnostic process, which will include a few tests to make sure that the Device is in working order (because we cannot guarantee The Cellairis Bundle will work if Your Device is broken to begin with). You will need to complete this registration process at the time of purchase of The Cellairis Bundle. If You purchased The Cellairis Bundle from Our online retail store: there is no additional registration process when you purchase The Cellairis Bundle from our online retail store because You are buying BOTH the device and The Cellairis Bundle at the same time, and we will do all diagnostics before we ship You the device with The Cellairis Bundle already on the device. Your registration will be effective on the date of your online purchase of The Cellairis Bundle.

WHAT IF MY DEVICE IS BROKEN AND I CANNOT REGISTER? This only will apply to purchases made from a Mobile Klinik retail location. If Your Device cannot be registered because it fails the diagnostic tests, then we know You are not happy, but hopefully we can help out! While at the Mobile Klinik retail location, We will have one of the friendly repair technicians look at Your Device and give You an estimate for repairing Your Device so that it can work properly. Once the Device is working, We can then register the Device, but remember, this Limited Warranty is effective only if You complete the registration at the time of Your purchase of The Cellairis Bundle.

WHAT HAPPENS IF MY SCREEN BREAKS? Here is the good news and why You purchased The Cellairis Bundle! Once You have installed The Cellairis Bundle and registered Your Device, if Accidental Screen Damage occurs during the term of this Limited Warranty, any of the authorized Mobile Klinik retailers will repair or replace the screen for Your Device as provided in this Limited Warranty. If You need help finding a location, to have a repair made then all you need to do is call 1-866-210-1070 and We can help you at either (i) a Mobile Klinik retail location, (ii) any other approved authorized location, or (iii) mailing in the wireless device as described below (each referred to herein as a “Repair Center”), whereby any such repair will be done at no cost to You for any of the Accidental Device Damages! We will also replace, at no cost to You, the screen protector and if necessary, the protective case for the Device. But remember, for the repair to be covered, the Accidental Screen Damage must have happened while The Cellairis Bundle was installed on the Device and You must have registered The Cellairis Bundle at the time You purchased The Cellairis Bundle. Parts will be replaced with those of like kind and quality manufactured by the manufacturer of the Device or manufacturer of The Cellairis Bundle components. The Repair Center may use new or remanufactured parts. You are responsible to backup all Device software and data prior to commencement of repair. In the event the Device has damage that is not covered under Accidental Screen Damage, then the Repair Center will inform you and it may still be able to fix Your Device, but it will not be free, and the cost will be determined by the Repair Center that is performing the repair on Your Device and if You consent to such repair, You will need to pay that Repair Center for the cost of any damage that is not covered under this Limited Warranty.

WHAT HAPPENS IF JUST THE SCREEN PROTECTOR BREAKS AND NOT THE SCREEN? If just the Shell Shock® screen protector breaks, then one of the Authorized Repair Centers will replace the Shell Shock® screen protector at no cost to You.

WHAT HAPPENS IF JUST THE PROTECTIVE CASE BREAKS AND NOT THE SCREEN? If just the Rapture® or Showcase® case breaks, then one of the Authorized Repair Centers will replace the Rapture® or Showcase® case at no cost to You. Remember, the Rapture® or Showcase® case will only be replaced for free if the function of the case is an issue, or if the case actually breaks. It will not be replaced if the case is just scratched or marked or if You just want something different.

WHAT HAPPENS IF BOTH THE SCREEN PROTECTOR AND CASE BREAK BUT NOT THE SCREEN? If both items of The Cellairis Bundle break, then one of the Authorized Repair Centers will replace both of the items at no cost to You as detailed above.

WHAT HAPPENS IF THE SCREEN CANNOT BE REPAIRED? If the Repair Center determines that the screen cannot be repaired, if parts are no longer available, or if parts have been discontinued by the manufacturer then, We will refund You the purchase price You paid for The Cellairis Bundle. The refund will be in place of a repair. The refund of the purchase price is the maximum amount We will pay in the event the Device is not repairable. If Your Device is unable to be repaired then You will fill out information that is needed to process Your refund in the form of a pre-paid Visa card. You must provide this information while at the authorized retail location, and this can only be done in person.

WHAT IF YOU WANT TO RETURN THE CELLAIRIS BUNDLE? If You want to return The Cellairis Bundle then You may do so at any of the Mobile Klinik retail locations. There are a few conditions that You need to follow for Your return: (1) You have 15 days from the date of purchase to make a return; (2) You must have the original receipt; and (3) You must return both parts of The Cellairis Bundle. If You purchased The Cellairis Bundle using a credit card or debit card, You will receive a refund of the purchase price, including applicable taxes, upon return on the credit card or debit card used when You made the purchase. If You purchased The Cellairis Bundle using cash, then You will receive a refund at the time of making the return for the purchase price including applicable taxes in the form of a pre-paid Visa card.

WHAT IF YOU WANT TO RETURN THE CELLAIRIS BUNDLE BUT DO NOT LIVE NEAR A PARTICIPATING MOBILE KLINIK RETAIL LOCATION OR IF YOU PURCHASED THE CELLAIRIS BUNDLE ONLINE? Just like the above, if You want to return The Cellairis Bundle but You do not live close to a Mobile Klinik retail location, or if You are unable to visit an authorized retail location for any reason, or if You purchased The Cellairis Bundle online, then You may do so. You need to follow these simple steps: (1) Contact our Customer Service Department at 1-866-210-1070 to obtain Your pre-paid shipping label; (2) pack both parts of The Cellairis Bundle (screen protector and protective case) securely in order to ensure safe return back to Us; (3) put the pre-paid shipping label on the outside of the box; and (4) contact the courier to schedule a pick-up time that is convenient to You or go to a courier drop off box or courier store and drop off the package so it can get to Us. You assume the risk of loss during shipment, so please make sure all instructions are followed. Please remember that if You chose to mail a return to Us, then the conditions from the above still apply: (1) You still only have 15 days from the date of purchase to make a return; (2) You must have the original receipt; and (3) You must return both parts of The Cellairis Bundle in order to receive a full refund.

OTHER LEGAL ISSUES THAT YOU NEED TO KNOW ABOUT

WE ONLY REPAIR THE SCREEN, NOT OTHER PROBLEMS WITH YOUR DEVICE UNDER THE TERMS OF THIS LIMITED WARRANTY.

WHAT IS COVERED: Cracked screen, broken/damaged Rapture® case or Showcase® case, or Shell Shock® screen protector.

WHAT IS NOT COVERED: This Limited Warranty does not apply to: (1) liquid damage; (2) screen or Device repairs that are covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs, or as a result of a published manufacturer’s defect; (3) cleaning; periodic checkups; preventive maintenance; (4) any and all pre-existing conditions that occur prior to the effective date of the registration of The Cellairis Bundle; (5) parts or repairs due to normal wear and tear, and items normally designed to be periodically replaced by You during the life of the Device; (6) damage from abuse, misuse, mishandling, introduction of foreign objects into the Device, unauthorized modifications or alterations to the Device; failure to follow the manufacturer’s instructions; (7) incidental, consequential or secondary damages or delay in rendering service; loss of use during the period that the Device is at a Repair Center or awaiting parts; (8) non-functional or aesthetic parts including but not limited to plastic parts, scratches, peeling and dents (so long as the Device is functioning); (9) unauthorized repairs and/or parts; (10) accessories used in conjunction with a Device; (11) any issues relating to the software of the Device; (12) any other loss other than Accidental Screen Damage; (13) services where no fault with the Device can be found by the Repair Center; (14) screen breakage that is not reported during the Term; and (15) any cracked screen that occurs when both elements of The Cellairis Bundle were not being used at the same time.

CAN THIS LIMITED WARRANTY BE RENEWED? No, the Term of this Limited Warranty cannot be renewed.

CAN THIS LIMITED WARRANTY BE TRANSFERRED TO SOMEONE ELSE? Yes! This Limited Warranty is transferable to any person to whom the Device, with The Cellairis Bundle installed, was transferred to during the Term. The registration is tied to the specific identifying unique serial number or other unique number associated with each individual Device (such as the IMEI number for Apple products). Nothing in these terms and conditions shall replace the manufacturer’s warranty, except as noted above.

WHAT IS THE TERRITORY FOR THE LIMITED WARRANTY PROGRAM? The Limited Warranty is limited to Canada only.

WHAT IS THE MAXIMUM AMOUNT OF MONEY WE ARE LIABLE FOR IF SOMETHING GOES WRONG: Our limit of liability for Your Device under this Limited Warranty is the cost of authorized repairs, or replacement as determined by Us, with a screen of like quality and similar features, provided however, in no event will Our total liability for repairs or replacement exceed the purchase price You paid for The Cellairis Bundle, excluding sales tax and installation costs (if any). Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to You, the exclusions in the following section may not apply.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, GUARANTEES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MOBILE KLINIK SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

CAN I CANCEL THIS LIMITED WARRANTY? No. This Limited Warranty cannot be cancelled or refunded after registration because it was given to You at no charge. We may only cancel this Agreement for the following reasons: fraud or material misrepresentation. If We cancel this Agreement, we will provide You with written notice of cancellation listing the reason for such cancellation not later than 15 days before the effective date of termination.

WHAT LAW GOVERNS THIS LIMITED WARRANTY? This Limited Warranty is governed by the laws of the province in which The Cellairis Bundle was purchased. This Limited Warranty gives you specific legal rights, and you may have other legal rights which may vary from Province to Province.

4. Your Responsibilities

a) Passcodes

Mobile Klinik requires the passcode of your Device in order to provide repair services. If you do not want to share your passcode, Mobile Klinik can proceed with diagnostics, but will be unable to perform a full functional check until you are present at a Mobile Klinik store, which may delay your repair. If you are mailing your Device in, you will be liable for any extra postage costs incurred if Mobile Klinik is unable to perform a full functional check due to Mobile Klinik’s inability to unlock your Device.

b) Device Abandonment

Mobile Klinik will notify you through the contact methods you have provided when your Device has been repaired and is available for collection.

If we are unable to contact you initially, we will continue to make a reasonable effort to notify you that your Device is ready for pick up. However, Mobile Klinik is not responsible for any Devices not claimed within 45 days from the date you are first notified that the Device is ready for pick-up. After such time, Mobile Klinik may dispose of the Device in its sole discretion.

c) Data Back-up

It is your responsibility to backup all data, software, and programs on your Device prior to submitting your Device for a repair. We accept no liability for loss or corruption of any and all data, information, software or programs stored on your Device.

5. Privacy

You agree that the Mobile Klinik Privacy Commitment, available for inspection at https://mobileklinik.ca/privacy/, as it may be updated from time to time (the “Mobile Klinik Privacy Commitment”), shall apply to your use of the Products and Services. You hereby consent to the collection, use and disclosure by Mobile Klinik and its agents of your personal information collected in connection with provision and/or use of the Products and Services, for the purposes identified in the Mobile Klinik Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other Mobile Klinik Affiliates, for the purpose of offering additional services or products that you may be interested in.

Mobile Klinik also sells third party products and services. These third party products and services are governed by their own terms, conditions and privacy policies.

In this Agreement, the term “Affiliates” refers to entities, businesses and/or divisions including but not limited to, TELUS Communications Inc. and its subsidiary companies, as they may exist from time to time, including those subsidiaries or divisions that carry on business under the names TELUS, TELUS Communications, TELUS Mobility, TELUS Québec, TELUS Retail Ltd., Koodo, and Public Mobile.

6. General Terms

a) Limitation of Liability

To the fullest extent permitted by applicable law, neither Mobile Klinik nor its Affiliates, nor their respective directors, officers, employees, or agents (collectively, the “Mobile Klinik Entities”) shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Products and Services (including, but not limited to: defects, malfunctions, or complete breakdowns of any Device; electrical shocks, burns, fires or explosions caused by any Device; loss of profit, loss of earnings, financial loss or loss of business opportunities), regardless of the cause of action, including negligence, and even if one or more of the Mobile Klinik Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses.

If for any reason a Mobile Klinik Entity becomes liable to you or a third party arising out of or in any way connected with the Products and Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the Mobile Klinik Entities to you or such third party is limited to the greater of $20 and the fees paid by you to Mobile Klinik for the particular Products and Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.

Mobile Klinik is not responsible for any cosmetic issues that do not affect the functionality of the Device, such as scratches or scuffs that may occur during repair services.

Mobile Klinik does not take any responsibility for any progression in damage for Devices that have been damaged by liquid. Although unlikely, opening the Device could initiate further damage and in some cases may be very serious and/or irreparable. We ask our customer to monitor their Device post liquid damage repair as unknown issues can arise soon after treatment for liquid damage which are beyond our control. If issues arise, please contact us and we can reassess the damage. In cases where further repair is needed there may be additional costs incurred.

Mobile Klinik is not responsible for any loss of function of the Touch ID fingerprint sensor in the case of an Apple iPhone ‘Home Button’ repair.

b) Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold Mobile Klinik, and its Affiliates, subcontractors, suppliers, vendors and licensors, and any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified parties arising in any way from the Products and Services (a “third party action”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the indemnified parties) incurred by, assessed or found against, or made by any of the indemnified parties relating to or arising from any such third party action (“third party related losses”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the indemnified parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton or intentional misconduct of any of the indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.

c) Termination

You may terminate the Agreement at any time by notifying Mobile Klinik of the date you want the cancellation to be effective.

Mobile Klinik may suspend the Products and Services if you contravene any provision of these Service Terms, including your obligation to pay for the Products and Services as charges become due. Mobile Klinik may terminate the Products and Services (i) immediately and without notice, where Mobile Klinik determines that the action is necessary to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from Mobile Klinik, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you.

d) Arbitration

If you use the Products and Services in the operation of a business, any claim, other than the collection of amounts owing to Mobile Klinik, relating to (i) your Agreement, (ii) use of the Products or Services or any equipment used with the Products or Services; (iii) sales materials or advertising relating to the Products or Services or any equipment used with the Products or Services; or (iv) relationships with third parties arising through use of the Products or Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to Mobile Klinik, 26 Floor, 25 York Street, Toronto ON M5J 2V5. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against Mobile Klinik or its Affiliates and you agree to opt out of any class proceeding against Mobile Klinik or its Affiliates.

e) Miscellaneous

The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern the Agreement. You may not assign or transfer the Agreement without Mobile Klinik’s prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of Mobile Klinik to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon Mobile Klinik.