Terms and Conditions for Participation in Trade-In Program ("Program")

1 INTENDED AUDIENCE USE: Clover Wireless provides this Trade-in Tool ("Tool") site to you, a Consumer ("Consumer", "you" or "your") on behalf of Samsung Upgrade, Samsung Safe2Switch, properties of Samsung Electronics Canada Inc. ("Samsung"), subject to these Terms of Use. The purpose of this Program is to provide you with the Tool to evaluate the Trade-In Value (as defined herein) of your used device and any promotional credit eligibility (as defined herein). Clover Wireless may update the Terms of Use from time to time without notice to you. If you have any questions about the Trade-In Program or the Terms of Use please contact Clover Wireless at Samsungenterpriseca@cloverwireless.com. This Tool (collectively "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 intended for the lawful use of your participation. The Site is controlled and operated in whole or in part by Clover Wireless from its offices within the United States. You acknowledge that Clover Wireless reserves the right in its sole discretion to refuse or terminate access to the Tool by you at any time.

    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.
    1.3 Eligibility: These Terms of Use are solely between Clover Wireless and you. You acknowledge and agree that Clover Wireless or 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 this website 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, the Site and your participation in the Program offered and maintained by Clover Wireless.

4. ENTIRE AGREEMENT, SEVERABILITY, APPLICABLE LAW AND LIMITATION OF ACTIONS: The Terms of Use constitute the entire agreement between you and Clover Wireless and govern your use of the Tool, superseding any prior agreements (if any) between you and Clover Wireless relating to your use of this Tool. If any provision of these web Tool 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 state, provincial or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Clover Wireless 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 you agree that the statutes and laws of Canada, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state 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 the 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 the Terms of Service are for convenience only and have no legal or contractual effect.

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.

6. RESTRICTIONS ON USE OF CONTENT: © Copyright 2011 Clover Wireless 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 Clover Wireless 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 Clover Wireless's Rights in individual elements of the Content, Clover Wireless, 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 the web site Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Clover Wireless, 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. Clover Wireless 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 Clover Wireless's prior express written consent.

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.

17. ACCURACY AND REVISIONS: Clover Wireless 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. Clover Wireless may at any time revise these web site 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 web site Terms of Use to which you are bound.

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.

19. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-Up request, you will share your contact information with Clover Wireless. Please see our Privacy Policy at http://www.samsungupgrade.ca/privacy-policy/ 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 Trade-Up Tool's FAQs page cannot answer, please notify us by completing the form on the Trade-Up Tool's Customer Support page.