Purchases on samsung.com/ca only
The Tool available on the samsung.com/ca website ("the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is owned by Samsung and is intended for the lawful use of your participation. You acknowledge that Samsung reserves the right in its sole discretion to refuse or terminate access to the Tool by you at any time. This Tool and its entire contents, features and functionality are owned and managed by Samsung, however, Samsung’s third party provider, Clover Wireless, is responsible for providing shipping labels, inspection of all devices, verifying and issuing payment of the Trade-In Value.
1.1 Trade-In Value: Trade-In Value are the value offered to You based upon the value of your used device as assessed by the Tool.
1.2 Promotional Credits: Promotional Credits are any additional Credits offered to participants above the Trade-In Value as assessed by the Tool.
3. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool offered on the Site and your participation in the Program offered and maintained by Samsung.
5. LIMITATION OF LIABILITY: The Program is offered and supported solely by Samsung. Any and all transactions processed on the Site offering the Tool are exclusively the responsibility of Samsung and the user. Samsung will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if Samsung have been advised of the possibility of such damages. Notwithstanding the foregoing, except as may otherwise be provided by applicable law, your exclusive remedy and the total liability of Samsung to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of the Tool, its content or links, shall not exceed the amount you paid to access the Tool.
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.1 Prohibited Conduct. If you choose to participate in this Program, or a promotion or other Samsung sponsored activity on the Site ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: (1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; (5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; (10) "stalk" or otherwise harass another person or entity; or (11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Samsung's sole discretion, will result in your immediate disqualification from participation in the Web Site Activity, and may result in additional legal actions being taken by Samsung.
7.2 Program Requirements. In order to participate in the Program, you must have an eligible used device to trade-in and purchase a new, Samsung device. You can identify if the used device is eligible by utilizing the drop down menus to pick the make, model, and carrier for the used device. If you cannot find the make or model and believe this is in error, you can notify us via the Site's Customer Support page. You may trade-in one used device for each new device you purchase. The Program is open only to legal residents of Canada. You must be the age of majority or older in the Province or Territory in which you reside in order to participate. The Program is not valid for stolen property or property that does not belong to the Customer. Ineligible devices will have no redemption value and will not be returned. The Site is for the exclusive use by consumers and is strictly prohibited for use by Wireless Dealer's or corporate accounts. There is a maximum of five (5) trade-ins per year per individual or household. A valid proof of purchase is an original invoice with the vendor (store), customer name, date of purchase, model, and IMEI number printed on it. Samsung, or its third party, has the right to reject any trade-ins or promotional trade-in submissions where (1) the used device is submitted by anyone other than the user of the used device; (2) when the used device was not active at the time of the new device purchase; (3) there is an invalid proof of purchase; (4) does not meet the condition requirements as stated in Section 11: Condition or Product Trade-In; or (5) we believe there to be fraudulent intentions. Without a valid proof of purchase, you will not be paid the promotional trade-in amount.
9. DEACTIVATION OF SERVICE: Neither Samsung nor its vendors, third parties, agents or representatives are responsible for previous or subsequent airtime charges accrued to your device prior to or following participation in the Program. Should any airtime charges occur, it is your responsibility to resolve any payments issues.
10. VALID ESN OR IMEI NUMBERS: All used devices must have a valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).
11. CONDITION OF TRADE-IN PRODUCT: To receive your full redemption value, you must accurately state the condition of the used device and have a valid proof of purchase for the new Samsung device purchased. An inspection will be performed by Samsung’s third party, Clover Wireless, upon receipt of your used device. The used device must power up, and be fully functional, with no screen damage or mechanical damage. All accounts must be removed or turned off. This includes but is not limited to Find My iPhone for iOS devices, Find My Mobile and Reaction Lock for Samsung Galaxy devices, Samsung Knox, Samsung Account, Google Account, and BlackBerry Anti-Theft Protection. In order to receive your Trade-In Value, Clover Wireless must first receive your used device, proof of purchase (if applicable) and the printed redemption form supplied by the tool upon acceptance, which form has been signed by you. If the used device's condition differs materially from that which you described, Clover Wireless reserves the right to unilaterally re-price your transaction quote based upon the current Trade-In Value for the condition of your used device. In the event the used device does not meet the Trade-In requirement, Clover Wireless will make an adjusted payment based upon the condition and eligibility of the trade-in device. Ineligible devices will have no redemption value and will not be returned. All decisions on the condition and eligibility (or ineligibility) of the trade-in device and the amount of the Trade-In Value to be paid to Customer, if any, are final.
12. RIGHT, TITLE AND INTEREST IN THE USED DEVICE: You must verify that you own the right, title, and interest in the used device traded-in as part of the Program.
13.RETURN OF USED DEVICE OR CONTENT THEREIN: Once you trade-in used device, Samsung or its vendors, third parties, agents or representatives will not be able to return the used device or any of its contents including accessories or data contained in the used device. All transactions are final and non-returnable. There will be no substitutes or replacements provided.
14. PAYMENT: The redemption value can be applied as stated on the redemption form generated by Clover Wireless upon your acceptance. After purchase, you must ship in the used device within 30 days of your new device purchase and meet the eligibility requirements. The check will be mailed via regular Canada Postal Service within 60 days of receipt of the used trade-in device. Payments that are mailed and returned will be forfeited.
15. PREPARING THE USED DEVICE FOR TRADE-IN: To receive your Trade-In Value, you must include the requested documentation including the system generated trade-in voucher, and ship in the old trade-in device you wish to recycle to Clover Wireless. Samsung or its vendors and third parties are not responsible for items that are lost or stolen in transit. Package the used device carefully, as we are not responsible for damage in transit.
16. REMOVAL OF PERSONAL DATA FROM THE USED DEVICE: You are required to remove any personal data from your used device. You are responsible for any personal data loss for devices in transit. Clover Wireless will wipe each device once it is received at its facility.
18. TERMINATION: You agree that Samsung in its sole discretion, may terminate or restrict your use or access to this Program (or any part thereof) for any reason, including, without limitation, that Samsung believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.