Terms & Conditions

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Terms & Conditions

Terms & Conditions

1. Website

By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Mobile Klinik relationship with you in relation to this website. The term ‘Mobile Klinik’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

What information we collect and how:

The information we collect via this website may include:

(1) Any personal details you type in and submit, such as name, address, email address, etc.

(2) Your IP address (this is your computer’s individual identification number) which is automatically logged by our web server. This is used to note your interest in our website.

(3) Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).

(4) Session information stored in cookies, these do not include any personal information and are used to ensure the correct data is extracted from the database when using our interactive systems. Please refer to our cookie policy in 3.10 below for further details.

(5) Any additional information you submit whilst using any of our contact us or form facilities.

What we do with your information:

Any personal information we (Mobile Klinik) collect from this website will be used in accordance with the Personal Information Protection and Electronic Documents Act and other applicable laws. The details we collect will be used:

(1) To process any insurance related services or to provide any customer support. We may also pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service for example the provision of administration as part of a claim;

(2) To comply with legal requirements.

We may need to pass the information we collect to other companies for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use our site and issuing our e-mails for us. Rest assured that third parties will not be allowed to use your personal information for their own purposes.

Your rights:

(1) You can ask us to update or remove your personal information by emailing [email protected] or by writing to us at our customer services address in (2) below. However, please note that we may be required to keep some personal data in our files for regulatory purposes.

(2) You also have the right to request a copy of any personal information we hold about you. To do this, please call our main contact centre stating your query is in relation to Mobile Klinik and to arrange payment of a $15 fee to cover administration costs. Alternatively, you may write to us at the following address including a cheque payable to Mobile Klinik for the same amount:
Mobile Klinik – Data Request
169 Greber Boulevard
Gatineau, Quebec
J8T 3R1

Once we have received both your notification and payment, we will respond to you within forty days of receipt.

Other Websites:

This privacy policy only covers this website. Any other websites which may be linked to by our website are subject to their own policy, which may differ from ours.
We may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You should review the agreement periodically to be aware of such modifications and your continued use of the site shall be deemed your conclusive acceptance of the modified agreement.
The use of this website is subject to the following terms of use:

1.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

1.2 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.

1.3 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.

1.4 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 these terms and conditions.

1.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

1.6 Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

1.7 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).

1.8 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada.

1.9 Indemnification:
You agree to indemnify, defend and hold harmless Mobile Klinik, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the service.

1.10 Copyright, Licenses and Idea Submissions:
The entire contents of the site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Mobile Klinik, its affiliates or other third party licensors.

1.10.1 You may not modify, copy, reproduce, upload, post, transmit or distribute, in any manner, the material on the site, including text, graphics, code and/or software.

1.10.2 You may link to our website as long as you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in any way which suggests an association or endorsement where one does not exist.

1.10.3 You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

1.10.4 You agree to grant to Mobile Klinik a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to [email protected] by all means and in any media now known or hereafter developed. You also grant to Mobile Klinik the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Mobile Klinik for any alleged or actual infringement or misappropriation of any proprietary right in your communications to mobileklinik.ca.

1.10.5 Publications, products, content or services referenced herein or on the site are the exclusive trademarks or servicemarks of Mobile Klinik. Other product and company names mentioned in the site may be the trademarks of their respective owners.

1.11 This Agreement shall be governed by the laws of Canada and shall be subject to the exclusive jurisdiction of the Canadian Courts.

2. Mobile Klinik Repair Service

The purpose of these terms and conditions is to define in the way in which Mobile Klinik stores offer customers assistance and customer service completed by Mobile Klinik teams.

2.1 Agreement for repair

2.1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your touch screen device which include cellphones, smartphones and/or electronic tablets (“Device”).

2.1.2 Reference to “us”, “we” and “our” refer to Mobile Klinik and references to “you” and “your” are references to you, the person requiring our service.

2.2. All repairs (unless otherwise stated)

2.2.1 We shall make all reasonable efforts to repair your Device subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our utmost care and skill.

2.2.2 Any time estimate for completion of the service, which may be given to you, is an estimate only and does not form any obligation under the terms of this Agreement.

2.2.3 We shall notify you when the Device has been repaired and is available for collection. If you do not collect the Device within 90 days, we may dispose of the Device. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.

2.2.4 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately by telephone and/or email.

2.2.5 Our out of warranty/chargeable repairs to phones and tablets are guaranteed for the lifetime of the device from the date the Device is ready for collection. Any repairs made under our agreed contract with any of our Group companies which form part of our insurance fulfilment are provided with a 90 day warranty (unless otherwise stated). If the Device develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. The warranty includes the repaired part(s) only and does not include further accidental damage to the repaired part(s).

2.2.6 All charges will be subject to applicable taxes or duties as applicable. Applicable taxes are not included in the quote.

2.2.7 The cost of repair will be calculated where possible in accordance with our standard charges as may be published from time to time. Any quote given for ordering special parts in for a device is valid for that day only and prices are likely to fluctuate.

2.2.8 We may keep your Device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.

2.2.9 Use of our repair services will void your manufacturer warranty. If you would like to avoid this then please take your device to the manufacturer.

2.2.10 We require the passcode of your device in order to proceed with the appointment in order to test the device before and after the repair or for you to disassociate your device from your Apple icloud account and remove any implemented passcodes. If you insist on keeping this information private, we can still proceed with diagnosis but will not be able to perform a full functional check on the device until you return to the store which can delay the appointment if any adjustments need to be made. If you are posting your device to us, you will be liable for any extra postage costs incurred from our not being able to perform a full functional check.

2.2.11 We do not take 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.

2.2.12 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.

2.3 Liability

2.3.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.

2.3.2 If, through our negligence or wilful misconduct, we damage the Device beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar in functionality to the Device.

2.3.3 Any data or information that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused and we therefore highly recommend that you back up your Devices on a personal computer, external hard drive or via Apple iCloud prior to your repair. It is your responsibility to keep a record of any such data. If requested we can back-up your Device’s information onto a USB memory stick for a 14-day period, or on to an alternative device of your choosing, which may help in the restoration of personal data if needed and this will add additional time onto the total appointment time. In rare instances we may use our PCs to perform data back-up; if we do this, all data is then destroyed in line with our group data security policy. We are not responsible for the loss, recovery or compromise of data or information that you may have stored on your Device. You represent that your Device does not contain illegal files or data.

2.3.4 Nothing in this clause shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under consumer protection laws; or (d) fraudulent misrepresentation.

2.3.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.

2.3.6 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.

2.4. Data Protection

2.4.1 We ask for your name, address and other details so that we can notify you when your Device has been repaired and so we can give you an efficient after-sales service. We may also send you text messages and/or emails from time to time to alert you to new services that we may provide. By using these Services you consent to our use of your personal Information as described. If you do not wish to receive contact from us, email us to let us know at [email protected]

2.5. General

2.5.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.

2.5.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.

2.5.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.

2.5.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.

2.5.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

2.5.6 Nothing in this Agreement shall confer on any third party.

2.5.7 This Agreement shall be governed by the laws of Canada and shall be subject to the exclusive jurisdiction of the Canadian Courts.

2.5.8 Complaints Procedure: We set high standards and seek to provide levels of excellent service that you have the right to expect. However, things can go wrong and if they do, we want you to tell us about them. If you have a complaint about this service please let us know:
• Call us at (1) 613 741 6111, or
• Email us at [email protected]
We aim to resolve any issues as quickly as possible and you will be advised of our complaints process at the time of contact, alternatively you may request a copy of our complaints process at any time by contacting us on the options above.

Summary

Any Apple, Samsung, or other manufacturer warranty will be void. Refer to point 2.2.9 for more info.
• We work to tight turn-around times which we meet 94% of the time. If we do experience an unavoidable delay with your appointment we will inform you as early as possible and continue working on completing your appointment as a priority.
• We offer a 12 month non-accidental damage warranty on all repaired/replaced parts used in phones and tablets. Refer to point 2.2.5 for more info.
• You are responsible for the back up of your own personal information. Refer to point 2.3.3 for more info.
• If you have 3rd party insurance for your device, please check with your provider before proceeding with the repair.
• If your device has suffered liquid damage please make sure to refer to points 2.2.12 and 2.2.13.

3.Mobile Klinik Corporate Accounts

3.1 Payments

3.1.1 For new accounts all appointments will be invoiced on completion and payment will be due prior to returning the device(s). This process will be effective for the first three months unless otherwise agreed.

3.1.2 Accounts over this three-month initial period will be invoiced monthly with a 14-day payment term.

3.2 Corporate rates

3.2.1 Depending on the size of your business you will enjoy different levels of discounts with Mobile Klinik. Please contact [email protected] for further information.

3.2.2 Where any courier service is needed this will be added to your invoice unless otherwise agreed.

3.3 Customer error

3.3.1 No changes can be made to orders which have been fulfilled where the customer has provided erroneous information, and nor can refunds be issued in this instance.

3.3.2 In circumstances where an order is yet to be completely fulfilled and customer has provided incorrect information, we will endeavour to cancel the existing order and replace it with the correct order details. If we are able to cancel the order, the delivery time of any such new order will be from the point of change and not from the point of the first sale being processed. We cannot guarantee cancellation. If we are unable to cancel the order, the customer would be required to re-order with the correct details and no refund could be issued.

3.4 Backup of important data

3.4.1 We do not accept any responsibility for any data loss should this occur for any reason. You should back up your device regularly.

3.4.2 It is not necessary to restore your handset unless you have a jail broken device, in which case the jailbreak must be removed prior to unlocking (you can re-apply the jail break afterwards). Customers with a jail broken iPhone are strongly advised to make sure that their ‘Contacts’, ‘Messages’ and any other data important to them is properly backed up and synced with iTunes prior to attempting any unlocking procedure.

3.5 Incomplete Unlocks

3.5.1 Occasionally an unlock shows as “Unavailable” after processing has been attempted. This means the device cannot be unlocked at the current time and further investigation is required. We offer refunds for unlocks showing this status.

3.5.2 We do not offer refunds for phones that have been blocked; see 3.6

3.6 Barred Handsets

3.6.1 If a handset is reported lost or stolen (or abused), it may well be ‘Blacklisted’ (also known as ‘Blocked’ or ‘Barred’), preventing it from ever being used again in Canada on any of the major networks. It is not possible to find out if a ‘SIM Locked’ or ‘SP Locked’ handset has been ‘Blacklisted’ from any particular network or all major networks without first performing the ‘unlock’ procedure using our services. Therefore, if we undertake an unlock and you find out the phone is in fact logged as lost, stolen or abused, we cannot then refund your payment. We will undertake the job you request but cannot legally make a ‘blacklisted’ handset work again.

3.7 Privacy

3.7.1 We will always endeavour to take reasonable care to ensure that all of your personal details provided to us are stored securely using standard industry practices.

3.7.2 We will never pass any of your details on to a 3rd party without your prior consent, except where required by law.

3.7.3 We do not store customer payment card details; these are passed directly to our payment provider(s) for the purposes of payment only.

3.8 Disclaimer

3.8.1 This service is entirely legal in Europe and North America. If you are ordering from outside of this area, please check your local jurisdiction before ordering.

3.9 Privacy

Mobile Klinik is committed to the privacy of our customers and website visitors. We will not disclose information to third parties except where it is part of providing a service to you (eg. arranging courier services or where required by law). We will not sell your name, address, email address, credit card information or any other personal details to any third party without your permission. If you have purchased a Repair or Accessory from us we may occasionally contact you via email to keep you updated and extend special offers to you. You have the option to unsubscribe from these emails at any time. Any payment information is kept safe by using SSL software, which encrypts your sensitive information.

3.10 Cookies

We use cookies on our site, and by continuing to browse our website, you are agreeing to the use of cookies. Cookies are small bits of data that are stored on your internet browser when you browse websites. Our cookies help to tailor our website to you. They do things like remember who you are and what’s in your shopping basket. Cookies also help us to analyze our website traffic, and monitor new or improved sections of our website. Our cookies do not allow us to collect any personally identifying information or sensitive information without your express permission – any browsing data we collect is used entirely anonymously. Third-party functionality on our website also includes cookies – for example, an embedded YouTube video. You may wish to check the relevant cookie and privacy policy from these third-parties. You can usually disable cookies in your browser, but by doing so you will limit the functionality of this website and many other websites.

Last updated 11/08/15

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