Mobile Klinik Website User Terms and Conditions
By accessing this Mobile Klinik web site (“Site”) you agree to be bound by the following terms (“User Terms”). This Site is operated by Mobile Service Center Canada Limited, d.b.a. Mobile Klinik Professional Smartphone Repair (“Mobile Klinik”). “You” and “your” refer to users of the Site. The Site is the property of Mobile Klinik and its licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE. Mobile Klinik reserves the right, at its sole discretion to change, add or remove portions of these User Terms, at any time. It is your responsibility to check these User Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Providing that you comply with these User Terms, Mobile Klinik grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Site.
1) No warranty or representation
While Mobile Klinik uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Mobile Klinik, its suppliers or affiliates. Neither Mobile Klinik, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if Mobile Klinik has been advised of or foresees the possibility of any damages occurring.
Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the content of this Site may occur without notice.
2) Use of information
The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Mobile Klinik, its suppliers or affiliates.
You may not:
(a) post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the Site: constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (iv) which solicits passwords, personal information, funds, goods and/or services or otherwise solicits information for commercial or unlawful purposes (v) that contains advertising;b) engage in any conduct that impersonates any person, licensed professional, business or entity, including Mobile Klinik and our employees and agents;(c) otherwise use this Site in a way that is contrary to law or which could adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components. Mobile Klinik reserves the right (but not the obligation) at our sole discretion to refuse or delete any User Content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these User Terms or for any other reason.
This Site may contain links to other web sites that are not under the control of Mobile Klinik. Mobile Klinik is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. Mobile Klinik provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Mobile Klinik of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.
All text, comments, messages information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site is proprietary and is owned, controlled or licensed by or to Mobile Klinik, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws.
Except as permitted by these User Terms or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without Mobile Klinik’s consent.
You may use information on Mobile Klinik products and services from the Site provided that: (i) you do not remove any proprietary notices, (ii) such is use is for personal, non-commercial purposes, (iii) you do not share or make accessible such information on any networked computer or broadcast of any sort, (iv) you make no modification to such information and (v) you do not make any claims, representations or warranties with respect to such information.
5) User content
By posting or uploading to the Site any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively “User Content”), you warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter “clearances”) with respect to your User Content and that neither you nor any third party will object to the use of your User Content by Mobile Klinik in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Site as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; (iii) acknowledge and agree that Mobile Klinik is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (iv) acknowledge and agree that any User Content that you provide for display on the Site will be considered non-confidential.
Mobile Klinik may edit or remove any or all User Content whether or not it is in violation of the provisions of these User Terms. Mobile Klinik is not responsible for User Content in any way. You hereby grant to Mobile Klinik a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to Mobile Klinik and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favor of Mobile Klinik.
If you post User Content to any part of the Site, you understand and agree that anyone with access to the Site will be able to access, use and/or disclose any information that you include in any such content (including, without limitation, any personal information such as your name, e-mail address, etc.). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Site. You understand and agree that Mobile Klinik shall not be liable for any access to, use of or disclosure of any information you include in any such User Content.
Mobile Klinik is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without Mobile Klinik’s consent. However, you agree that Mobile Klinik has the right to, without notice or liability, monitor use of the Site and monitor, review and retain such content, material or information; and/or disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if Mobile Klinik believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these User Terms or other Mobile Klinik user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. Mobile Klinik reserves the right in its sole discretion to issue any response it considers appropriate if Mobile Klinik becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights.
7) Product descriptions
Mobile Klinik attempts to be as accurate as possible. However, Mobile Klinik does not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free. If a product offered by Mobile Klinik is not as described, your sole remedy is to return it in accordance with the Mobile Klinik Service Terms posted on this Site or any other applicable return policy. Price and availability information is subject to change without notice.
8) Site policies
You are responsible for maintaining the confidentiality of any Mobile Klinik account that you may hold, including all login usernames and passwords that you may use to access any part of the Site. You are similarly responsible for all uses of your Mobile Klinik account through the Site whether or not such uses are actually authorized by you. Please also review our other policies such as our Privacy Commitment and Service Terms on this Site. These policies also govern your visit to this Site and are incorporated into and considered part of these User Terms.
You acknowledge that you have read the Mobile Klinik Privacy Commitment (as it may be updated from time to time) (the “Mobile Klinik Privacy Commitment”) and hereby consent to the collection, use and disclosure by Mobile Klinik and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Mobile Klinik Privacy Commitment. Mobile Klinik’s use of customer information is also subject to applicable terms and conditions including those contained in Mobile Klinik’s Terms of Service (as amended from time to time), copies of which are available at www.MobileKlinik.ca.
10) Cookies Notice
Advertising and third-party cookies.
Mobile Klinik participates in the Adobe Experience Cloud Device co-op, which helps us to deliver consistent advertising, and to reduce the number of redundant or irrelevant ads you see, whether you are on your laptop, tablet, phone or smart watch. The Device co-op helps us recognize which of your devices are linked through the use of technology that includes cookies and IP addresses, but no other information about you or your online activities. To learn more about the Device co-op and/or unlink your devices, visit the Adobe website.
Other similar technologies.
In addition to cookies, Mobile Klinik also uses pixel tags which are small transparent images embedded in a web page or an email. We use pixel tags in connection with cookies to help operate our website and emails. For example, Mobile Klinik may include pixel tags in email messages or newsletters in order to determine whether or not they are opened or acted on. Third parties may also use pixel tags to help compile aggregated statistics and determine the effectiveness of Mobile Klinik promotional campaigns.
Mobile Klinik assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.
12) Right of indemnification
You agree to defend, indemnify and hold Mobile Klinik, its suppliers, alliance partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these User Terms by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
13) Limitation of liability
Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall Mobile Klinik, its alliance partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet.
These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither Mobile Klinik nor its alliance partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.
Mobile Klinik’s failure or delay in insisting upon or enforce strict performance of any provision of these User Terms shall not be construed as a waiver of any provision or rights.
15) Governing laws
By visiting the Site, you agree that these User Terms shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
All prices are quoted in Canadian dollars and do not include applicable taxes or shipping and handling. Repair and device financing provided by Paybright is governed by the agreement between you and Paybright.
The Site originates in Canada. Mobile Klinik’s products and services are offered in Mobile Klinik’s operating territory. Some products and services referred to on the Site may not be available in parts of Mobile Klinik’s operating territory or may not be compatible with party line services.
These User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between Mobile Klinik and you with respect to your use of this Site. If any part of the User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these User Terms and all related documents be drawn up in English.