Terms and Conditions for Participation in Trade-In Program ("Program")
1.1 Trade-In Credits: Trade-in Credits are the credits offered to You based upon the value of your used device as assessed by the Trade-In Tool.
1.2 Promotional Credits: Promotional Credits are any additional Credits offered to participants above the Trade-in Credit as assessed by the Trade-In Tool.
3. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool, the Site and your participation in the Program offered and maintained by Clover Wireless.
5. LIMITATION OF LIABILITY: The Program is offered and supported solely by Clover Wireless. Any and all transactions processed on this Site are exclusively the responsibility of Clover Wireless and the user. Neither Clover Wireless or Samsung will be liable for any damages of any kind arising out of or relating to the use or the inability to use this 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 Clover Wireless and Samsung have been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of Clover Wireless or 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 this Tool, its content or links, shall not exceed the amount you paid to access this Tool.
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.1 Prohibited Conduct. If you choose to participate in this Program, or a promotion or other Clover Wireless sponsored activity ("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 Clover Wireless's sole discretion, will result in your immediate disqualification from participant in the Web Site Activity, and may result in additional legal actions being taken by Clover Wireless.
7.2 Program Requirements. In order to participate in the Program, you must have an eligible used device to trade-in (Samsung Galaxy S II, S III, S4, S5, any Galaxy Note, iPhone 4, 4S, 5, 5C, 5S, 6, 6 Plus, Backberry Passport, Classic, Z30, Z10, Q10, Q5, Bold 9900, Bold 9930, Torch 9800, Torch 9810, Torch 9850) and purchase a new, Samsung Galaxy S6 or S6 edge device as defined by the on-line Tool. The new device must be purchased after April 23, 2015 and before July 1, 2015. 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 on stolen property. 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. Clover Wireless 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 and 2) when the used device was not active at the time of the new device purchase and 3) there is an invalid proof of purchase 4) does not meet the condition requirements as stated in Section 11: Condition or Product Trade-Up or 5) we believe there to be fraudulent intentions. Without a valid proof of purchase, you will not be paid the promotional trade-up 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-Up Credit"). The Tool may present Available Promotions with an additional value based upon the trade-in device and new Samsung device that you purchased up to $50.00 (“Promotional Credit”). To receive the Promotional Credit, you must purchase and activate a new, Samsung Galaxy S6 or S6 edge device after April 23, 2015 and before July 1, 2015, upload a valid proof of purchase (a clear scan or photograph of the original invoice with the vendor (store), customer name, date of purchase, model, and IMEI number printed on it. Valid Proof of purchases are only permitted to be used once), and mail in an eligible used Samsung device post marked by July 31, 2015. 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-Up Value; (2) by accepting such Trade-Up 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 handset; (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. This is a limited-time offer and may expire 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 Clover Wireless. Failure to accept the terms and conditions, shall impact your eligibility to participate in this Program.
9. DEACTIVATION OF SERVICE: Clover Wireless, its vendors or Samsung are not 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-UP 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 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. For all Apple iOS devices the Find My iPhone feature must be turned off and account disconnected from iCloud. For Galaxy S5, Galaxy Note 4 or any other Samsung devices with the Find My Mobile and Reactivation Lock features, these must be turned off and disconnected. In order to receive your credit, 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-Up 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.
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-Up in the program.
13.RETURN OF USED DEVICE OR CONTENT THEREIN: Once you trade-in used device, Clover Wireless or its vendors 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 the Trade-Up tool upon your acceptance. After purchase, you must ship in the used device within 30 days of your new device purchase and prior to the postmark date of July 31, 2015 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 and validation of the proof of purchase uploaded in the Trade-Up Tool. Clover Wireless has the right to deny any Promotional Credit without a valid proof of purchase. And will pay only the qualified trade-in value. Payments that are mailed and returned will be forfeited.
15. PREPARING THE USED DEVICE FOR TRADE-UP: To receive your Trade-in value, you must include the requested documentation including the system generated trade-in voucher, Proof or Purchase or other and ship in the used handset you wish to recycle to Clover Wireless. Proof of purchases may be copied only once from an original document in order to upload in the Trade-Up Tool. Clover Wireless or its vendors are not responsible for items that are lost or stolen in transit. Clover Wireless has the right to deny any trade-in claim without a valid Proof of Purchase. 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 will wipe each device once it is received at its facility. For information on how to remove personal data, please see the FAQ 'How do I remove data from my old Wireless Device?' available online.
18. TERMINATION: You agree that Clover Wireless 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 Clover Wireless 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.