1. Website
By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Mobile Klinik relationship with you in relation to this website. The term Cellularfix’ or ‘us’ or ‘we’ refers to the owner of the website which is Future gadgets Corp. The term ‘you’ refers to the user or viewer of our website.
What information we collect and how:
The information we collect via this website may include:
(1) Any personal details you type in and submit, such as name, address, email address, etc.
(2) Your IP address (this is your computer’s individual identification number) which is automatically logged by our web server. This is used to note your interest in our website.
(3) Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
(4) Session information stored in cookies, these do not include any personal information and are used to ensure the correct data is extracted from the database when using our interactive systems. Please refer to our cookie policy in 3.10 below for further details.
(5) Any additional information you submit whilst using any of our contact us or form facilities.
What we do with your information:
Any personal information we Cellularfix collect from this website will be used in accordance with the Personal Information Protection and Electronic Documents Act and other applicable laws. The details we collect will be used:
(1) To comply with legal requirements.
We may need to pass the information we collect to other companies for administrative purposes. Rest assured that third parties will not be allowed to use your personal information for their own purposes.
Other Websites:
This privacy policy only covers this website Cellularfix, Any other websites which may be linked to by our website are subject to their own policy, which may differ from ours.
We may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You should review the agreement periodically to be aware of such modifications and your continued use of the site shall be deemed your conclusive acceptance of the modified agreement.
The use of this website is subject to the following terms of use:
1.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
1.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
1.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
1.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
1.6 Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
1.7 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
1.8 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada.
1.9 Indemnification:
You agree to indemnify, defend and hold harmless Cellularfix, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the service.
1.10 Copyright, Licenses and Idea Submissions:
The entire contents of the site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Mobile Klinik, its affiliates or other third party licensors.
1.10.1 You may not modify, copy, reproduce, upload, post, transmit or distribute, in any manner, the material on the site, including text, graphics, code and/or software.
1.10.2 You may link to our website as long as you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in any way which suggests an association or endorsement where one does not exist.
1.10.3 You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
1.10.5 Publications, products, content or services referenced herein or on the site are the exclusive trademarks or service marks of Cellularfix. Other product and company names mentioned in the site may be the trademarks of their respective owners.
1.11 This Agreement shall be governed by the laws of Canada and shall be subject to the exclusive jurisdiction of the Canadian Courts.
2. Mobile Klinik Repair Service
The purpose of these terms and conditions is to define in the way in which Cellualrfix website or Future Gadgets stores offer customers assistance and customer service completed by Future Gadgets teams.
2.1 Agreement for repair
2.1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your touch screen device which include cellphones, smartphones and/or electronic tablets (“Device”).
2.1.2 Reference to “us”, “we” and “our” refer to Cellualrfix, or Future Gadgets, and references to “you” and “your” are references to you, the person requiring our service.
2.2. All repairs (unless otherwise stated)
2.2.1 We shall make all reasonable efforts to repair your Device subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our utmost care and skill.
2.2.2 Any time estimate for completion of the service, which may be given to you, is an estimate only and does not form any obligation under the terms of this Agreement.
2.2.3 We shall notify you when the Device has been repaired and is available for collection. If you do not collect the Device within 90 days, we may dispose of the Device. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.
2.2.4 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately by telephone and/or email.
2.2.5 Our walk-in repairs to smartphones and tablets are guaranteed for 60 days. Replacement batteries are guaranteed for 6 months from the date of installation. Any repairs made under our agreed contract with any of our group companies which form part of our insurance fulfilment are provided with a 90 day warranty (unless otherwise stated). In the case of all repairs, if the device develops an additional fault unrelated to the original repair or is damaged after the repair (eg. the phone is dropped or placed in water), the repair warranty contained in this paragraph will not apply. The warranty is included in the price paid as a benefit to the original customer and therefore, is non-transferable, includes the repaired part(s) only, and, again, does not include further accidental damage to the repaired part(s).
2.2.6 All charges will be subject to applicable taxes or duties as applicable. Applicable taxes are not included in the quote.
2.2.7 The cost of repair will be calculated where possible in accordance with our standard charges as may be published from time to time. Any motherboard repair may not be given a firm estimate due to the nature of a motherboard repair. Any quote given for ordering special parts in for a device is valid for that day only and prices are likely to fluctuate.
2.2.8 We may keep your Device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.
2.2.10 We require the passcode of your device in order to proceed with the appointment in order to test the device before and after the repair or for you to disassociate your device from your Apple icloud account and remove any implemented passcodes. If you insist on keeping this information private, we can still proceed with diagnosis but will not be able to perform a full functional check on the device until you return to the store which can delay the appointment if any adjustments need to be made. If you are posting your device to us, you will be liable for any extra postage costs incurred from our not being able to perform a full functional check.
2.2.11 We do not take responsibility for any progression in damage for devices that have been damaged by liquid. Although unlikely, opening the device could initiate further damage and in some cases may be very serious and/or irreparable.
2.2.12 We ask our customer to monitor their device post liquid damage repair as unknown issues can arise soon after treatment for liquid damage which are beyond our control. If issues arise, please contact us and we can reassess the damage. In cases where further repair is needed there may be additional costs incurred.
From time to time, where available, and as made available solely at the discretion of a store technician, Celluarfix, may provide ‘Loaner Phones’ to customers waiting for repair of their Device. Loaner Phone Devices are the property of Future Gadgets and remain the property of Future Gadgets at all times until returned to Future Gadgets location. By taking possession of the Loaner Phone Device the customer additionally acknowledges and agrees to the Terms and Conditions of the Future Gadgets Loaner Phone Agreement (available in store) and that to the full extent permitted by law, Future Gadgets will not be liable for any consequential, incidental, indirect or direct damages arising out of the terms and conditions or use of the Loaner Phone Device, including without limitation any losses of or affecting of personal property, software or data. A customer with a Loaner Phone Device will not receive their repaired Device, regardless of payment, before or without returning the Loaner Phone to a Future Gadgets. If the loaner phone is damaged by customers negligence of lost, Future Gadgets has the right to claim the damage which may be equal to the cost of similar phone.
2.3 Liability
2.3.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.
2.3.2 If, through our negligence or wilful misconduct, we damage the Device beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar in functionality to the Device.
2.3.3 Any data or information that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused and we therefore highly recommend that you back up your Devices on a personal computer, external hard drive or via Apple iCloud prior to your repair. It is your responsibility to keep a record of any such data. If requested we can back-up your Device’s information onto our store computer for backing up to customer other device, which may help in the restoration of personal data if needed and this will add additional time onto the total appointment time. Data copy and restoration will incurs an additional charges if we do this, all data is then destroyed in line with our group data security policy. We are not responsible for the loss, recovery or compromise of data or information that you may have stored on your Device. You represent that your Device does not contain illegal files or data.
2.3.4 Nothing in this clause shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under consumer protection laws; or (d) fraudulent misrepresentation.
2.3.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
2.3.6 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
2.3.7 Devices altered or amended by manufacturers: a) All Mobile Klinik repairs are expertly examined for functionality of the repaired and/or installed part(s) before being returned to the customer for payment. b) Cellularfix is not responsible if manufacturer software changes adversely affect the functionality of the phone.
2.4. Data Protection
2.4.1 Meta – Data
You understand and agree Mobile Klinik will collect Meta – Data logs during diagnostic evaluation to improve overall future functionality of our diagnostic tool and evaluation in the repair process and experience. The data collected will be used by Mobile Klinik to enhance and improve the repair process and experience, may be shared with Mobile Klinik affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include: device phone number, device model number, device IMEI, device serial number, downloaded diagnostic or other applications & their respective settings and host applications & their respective settings.
2.4.2 Data Backup
We recommend you back up the data on your device. There are many options. We will do a backup to a usb device upon customer request only.
2.5 Personal Information and Privacy
2.5.1.1 We ask for your name, address and other details so that we can notify you when your Device has been repaired and so we can give you an efficient after-sales service. We may also send you text messages and/or emails from time to time to alert you to new services that we may provide. By using these our services you consent to our use of your personal Information as described. If you do not wish to receive contact from us, email us to let us know at info@cellularfix.ca.
2.5.2 We will always endeavour to take all reasonable efforts to ensure that all of your personal details provided to us are stored securely using industry security standards and practices.
2.5.3 What we do with your information:
(a) Any payment information is kept safe by using SSL software, which encrypts your sensitive information. We do not store customer payment card details; these are passed directly to our payment provider(s) for the purposes of payment only.
(b) Any personal information we (Cellularfix) collect from our customers and this website will be used in accordance with the Personal Information Protection and Electronic Documents Act and other applicable laws.
The details we collect will be used:
(1) To process any insurance related services or to provide any customer support. We may also pass your details to another organization to supply/deliver products or services you have purchased and/or to provide after-sales service for example, the provision of administration and customer support as part of an insurance claim;
(2) For customer support, including your warranty, and/or marketing purposes, to request feedback on our services so we can improve our customer experience and to provide you with information about new services or offers that we may issue from time to time.
(3) To comply with legal requirements.
We may need to pass the information we collect to other companies for administrative or after-sales service purposes. We may also use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use our website and issuing our e-mails for us.
Your rights:
(1) You can ask us to update or remove your personal information by emailing info@cellularfix.ca . (2) below. However, please note that we may be required to keep some personal data in our files for warranty and regulatory purposes.
2.6. General
2.6.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
2.6.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
2.6.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
2.6.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
2.6.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
2.6.6 Nothing in this Agreement shall confer on any third party.
2.6.7 This Agreement shall be governed by the laws of Canada and shall be subject to the exclusive jurisdiction of the Canadian Courts.
2.6.8 Complaints Procedure: We set high standards and seek to provide levels of excellent service that you have the right to expect. However, things can go wrong and if they do, we want you to tell us about them. If you have a complaint about this service please let us know:
• Call us at (1) 905-770-7331
• Email us at info@cellularfix.ca.
We aim to resolve any issues as quickly as possible and you will be advised of our complaints process at the time of contact, alternatively you may request a copy of our complaints process at any time by contacting us on the options above.
2.7 No Modification
No agent, employee, representative, partner or supplier is authorized to modify these Terms and Conditions, to extend the terms and conditions of the Warranty, or to make binding representations or claims, whether in advertising, presentations or otherwise, that differ with the terms and conditions herein on behalf of Future Gadgets regarding products and services.
2.8 Method of Payment
You agree to pay for the product purchase price, and repair cost to be paid, by Visa, MC, AMEX, Debit card or direct email transfer and all charges not included in the purchase price, which may include taxes, shipping, handling and delivery fees, processing fees, and environmental handling fees, if and when applicable.
3. Mobile Klinik Certified Pre-Owned Devices
WARRANTY TERMS
This Limited Warranty is given only to the original purchaser of the Product (“Customer”), and may not be sold-on, assigned, transferred or given to any subsequent purchaser or acquirer of the Product.
In the event of Product failure during the Warranty Period, the Customer may take the Product and original PROOF OF PURCHASE to any Future Gadgets location, or send it in through Cellularfix.ca, for online purchases. Future Gadgets, will repair or replace such defective Product, subject to the following conditions:
This Limited Warranty applies only to the hardware components of the Product as originally supplied and does not apply to any software or other equipment. This Limited Warranty does not cover physical damage to the surface of the Product including but not limited to cracks or scratches on the LCD screen or camera lens.
Repair or replacement may involve the use of functionally equivalent reconditioned unit. Future Gadgets, will return the repaired Product or replaced with another functional equivalent Product to the Customer in good working condition. All replaced faulty parts or components will become the property of Future Gadgets..
If Future Gadgets, repairs or replaces the Product, the repaired or replaced Product shall continue to be warranted for the remaining time of the original Warranty Period.
TO THE FULL EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY SHALL NOT APPLY IF:
The Product serial number, the accessory date code the IMEI number, water indicator or the warranty seal has been removed, erased, defaced, altered or is illegible;
The defect was caused by deterioration of the Product due to excessive wear and tear;
The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Future Gadgets, (including but not limited to deficiencies in consumable parts including but not limited to buttons) unless the defect was caused directly by defects in materials or workmanship;
The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
The defect was caused by a defective function of the cellular network or other system;
The Product software needs to be upgraded due to changes in cellular network parameters; or
The defect was caused by the fact that the Product was used with or connected to a faulty accessory not approved or provided by Future Gadgets, or used in other than its intended use and where it can be shown by Future Gadgets, that such defect is not the fault of the Product itself.
TO THE FULLEST EXTENT PERMITTED BY LAW, Cellularfix, Future Gadgets, SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS, TO THE FULLEST EXTENT THAT THOSE LOSSES OR DAMAGES CAN BE DISCLAIMED BY LAW. MOBILE KLINIK AND ITS SUPPLIERS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE HARDWARE.
FOR COMMERCIAL CUSTOMERS: OTHER THAN THE LIMITED WARRANTY STATED ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, MOBILE KLINIK DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
FOR CONSUMERS: THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM PROVINCE TO PROVINCE OR JURISDICTION TO JURISDICTION. IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE, THEN THIS LIMITED WARRANTY SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WAS NOT CONTAINED THEREIN. This Limited Warranty does not exclude nor limit any statutory rights of the Customer.
4. Returns and Exchanges
All returns or exchanges require a valid receipt/proof of purchase. Subject to meeting Future Gadgets’s return and exchange policy for a specific product (as outlined below), returned merchandise will be refunded in the original form of payment. To protect our customers from fraudulent activity, we reserve the right to request valid photo ID for the purposes of validating customer information when processing a return or exchange.
4.1 Certified Preowned Devices
If for any reason you are not entirely satisfied with your purchase of a refurbished CPO phone, please return the item in its packaging with the sales receipt within 7 days of purchase (for purchases made online at cellularfix.ca, the 7 days begins upon the first delivery attempt). Device must be in the same condition in which it was purchased. For online sales product must be returned to a Future Gadgets store or shipped back to cellualrfix.ca at purchaser’s expense. Refurbished phones may be subject to a limited warranty on materials and workmanship. See warranty terms for details. ALL SALES OF ALL DEVICES ARE FINAL. No exchanges or refunds will be accepted beyond 7 days. Your new device may be subject to any warranty offered by the manufacturer.
4.2 Accessories
If for any reason you are not entirely satisfied with your purchase of an accessory, please return the item in its packaging with the sales receipt within 7 days of purchase (for purchases made online at cellularfix.ca, the 15 days begins upon the first delivery attempt). The accessory must be in the same condition in which it was purchased. For online sales product must be returned to a celluarfix store or shipped back to cellularfix.ca at purchaser’s expense.
Visa gift cards may not be redeemed for cash or refunded (unless where required by law). All returned items purchased using a Visa gift card will be refunded as a merchandise credit back onto a Visa gift card. A customer may keep the free gift or Visa gift card with the qualifying purchased item. However, if a customer returns the qualifying item, the amount of the refund will be reduced by the prorated value of the free gift or Visa gift card.