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Terms and Conditions of Use (“Terms of Use”) for Participation in the Samsung Trade-In Program ("Program")

Purchases on samsung.com/ca only


1. INTENDED AUDIENCE USE: The purpose of this Program is to provide to you with the trade-in value of the your used device when you purchase a new Samsung device. Samsung Electronics Canada Inc. (“Samsung”) provides the trade-in quotation tool ("Tool") to you, a Consumer ("Consumer", "you" or "your") in connection with Samsung Upgrade and Samsung Safe2Switch programs, both properties of Samsung Electronics Canada Inc. ("Samsung"). Your use of the Tool is subject to these Terms of Use, as they may be amended by Samsung from time to time. The purpose of the Trade-In Tool is to evaluate the Trade-In Value (as defined herein) of your used device and any promotional credit eligibility (as defined herein). If you have any questions about the Program or these Terms of Use please contact  us at 1-855-254-4747 or info.seca@samsung.com


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.
    1.3 Eligibility: These Terms of Use are solely between Samsung and you. You acknowledge and agree that Samsung shall have no legal, equitable or other liability of any kind to you as it relates to your voluntary participation in this Program.


2. ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation Canada export and re-export control laws and regulations regarding the transmission of technical data exported from Canada. By your continued use of the Tool, you agree to each of the terms and conditions set forth and/or linked below. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you will be prohibited from using 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.


4. ENTIRE AGREEMENT, SEVERABILITY, APPLICABLE LAW AND LIMITATION OF ACTIONS: The Terms of Use constitute the entire agreement between you and Samsung. and govern your use of the Tool, superseding any prior agreements (if any) between you and Samsung relating to your use of this Tool. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any local, provincial or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Samsung to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Tool and your use of the Site, you agree that the laws of the Province of Ontario and the federal law of Canada applicable therein, without regard to conflicts of laws principles, will apply to and govern all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the non-exclusive jurisdiction of the provincial or federal courts in the Province of Ontario. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tool, or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.


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.


6. RESTRICTIONS ON USE OF CONTENT: © Copyright 2018 Samsung Electronics Canada Inc. All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by Samsung. that the Content is protected in Canada and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights law (collectively, "Rights"). In addition to Samsung's rights in individual elements of the Content, Samsung, or its licensors, own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for the purposes of using the Tool and related services found on the Site. This permission terminates automatically if you breach any of these Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Samsung, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software that may be included as part of the Content to a perceivable form. Samsung does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Samsung's prior express written consent.




    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.


8. HOW IT WORKS: The Tool will reflect the value of a used device based upon the manufacturer, model and condition of the device ("Trade-In Value"). The Tool may also present available promotions with an additional value based upon the trade-in device and new Samsung device that you purchased (“Promotional Credit”). The Tool will generate a receipt which includes an acknowledgment by you that: (1) you understand you are selling the device in consideration for the Trade-In Value; (2) by accepting such Trade-In Value, you are giving up full ownership rights to the device; (3) you understand the device will not be eligible for return; (4) you are responsible for removal of all personal information before relinquishment of your old device; (5) you have been advised of any return policy regarding the purchase of a new handset or accessory; and (6) you are responsible for deactivating the used device and ensuring you retire any outstanding balance. The Program is a limited-time offer and may expire or be terminated at any time by Samsung without notice. Used devices received after 30 days following the initial quote date or after the promotional postmark date will be rejected or re-priced at the current market price solely at the discretion of Samsung or its third party. Failure to accept these Terms of Use shall impact your eligibility to participate in this Program.


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.


17. ACCURACY AND REVISIONS: Samsung may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Clover Wireless and Samsung shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Samsung may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.


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.


19. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-In request, Samsung will share your contact information with Clover Wireless and its third parties and vendors. Please see our Privacy Policy at  https://www.samsung.com/ca/info/privacy/ for more information."


20. FOR ADDITIONAL INFORMATION: If you have any questions about the terms of the program, these Terms of Use and Tool that the FAQs page cannot answer, please contact us at 1-855-254-4747, Live Chat or info.seca@samsung.com