Cellgeeks Terms of Service
BY USING/ACCESSING CELLGEEKS.CA YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING CELLGEEKS.CA OR THE SITE. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME AND THE MOST CURRENT VERSION WILL BE POSTED ON THE SITE. IT IS ENTIRELY YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR CELLGEEKS.CA USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ALL SUCH REVISED TERMS. ANY NEW FEATURES OR FUNCTIONS THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE, AND NOT REQUIRE SPECIFIC NOTICE OR CONSENT.
When you purchase an item on Cellgeeks.ca, you must:
- provide us, as a prospective buyer, with accurate and complete information, including without limitation, your name, billing address, shipping address, and payment information;
- update your registration information immediately upon any changes; and not use false identities or impersonate or associate yourself with any other person or entity; and
- affirm and warrant that, whether you are a prospective buyer or seller, you will only communicate and make representations with total candor, precision, and honesty
You are responsible for safeguarding and maintaining the confidentiality of your Cellgeeks account. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Cellgeeks account, whether or not you have authorized such activities or actions. You agree to notify us of any unauthorized use of your account or any other breach of security immediately should such use become known to, or suspected by you.
Restrictions on Use
In using the Cellgeeks.ca you shall not:
- copy any content from Cellgeeks.ca unless expressly permitted to do so;
- upload, post, email, transmit, or otherwise make available any material that;
you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright, or other rights;
- impersonate any person or entity or misrepresent an affiliation with a person or entity;
- interfere with or disrupt the Site servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Cellgeeks.ca site;
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Intellectual Property Violations
We do not permit intellectual property-infringing activities and will move to remove any content and/or stem any activity we deem infringing on another’s intellectual property rights. If you are an intellectual property rights holder or an agent thereof and believe your rights are being violated, you may contact us here.
End User License
Cellgeeks.ca and the information and materials that it contains/displays, are the property of 9388-9632 Quebec Inc and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, license to use Cellgeeks.ca. Cellgeeks is licensed to you and not sold. Nothing in these Terms gives you a right to use Cellgeeks’s names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site. Any future release, update, or other addition to functionality of Cellgeeks shall be subject to the terms of these Terms.
If you provide us with any suggestions, comments, or other feedback relating to any aspect of Cellgeeks (“Feedback”), we may freely use such Feedback or in any other products or services without remuneration to you.
Cellgeeks’s “Money Back Guarantee”
As a buyer: you can rest assured that the vast majority of purchases on Cellgeeks go smoothly, but even in the rare event that the mobile device you purchased on Cellgeeks either does not arrive, is defective, or is not as described in its Listing, you will be protected by the Cellgeeks “Money Back Guarantee” (the “Money Back Guarantee”). In the instance that you open a claim (the “Claim”) for a mobile device that does not arrive, we will review the matter and, if we determine your Claim is valid, refund the full cost of your purchased mobile device and the original shipping charge and any applicable sales tax paid. In the instance that you open a Claim for a mobile device that is defective or not as described in its Listing, we will review the matter and, if we determine that your Claim is valid, pay to have the mobile device shipped back to us, and either repair or replace the mobile device, and send the mobile device back to you.
The Cellgeeks “Money Back Guarantee” is a company policy, and it is not a product warranty.
Cellgeeks’s “30-Day Warranty”
Cellgeeks is pleased to offer a 30-Day Warranty (the “30-Day Warranty”).
Notwithstanding the foregoing, you expressly acknowledge and agree that any and all services and transactions relating to Cellgeeks, including all listings, purchases, and sales, involving you and/or other users are conditional and entirely at Cellgeeks’s unilateral discretion. Cellgeeks reserves the right to unilaterally refuse to process any listing, purchase, or sale, at its own discretion, within 5 business days, in which case amounts paid to Cellgeeks in relation to the transaction at issue will be refunded immediately to the affected user, unless fraudulent or illegal activity is suspected.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS
THE CELLGEEKS.CA SITE AND ALL MATERIALS PROVIDED BY CELLGEEKS ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CELLGEEKS IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY SITE, EVEN IF IT CAN BE REACHED FROM A LINK ON THE SITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE OR APP, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY, REGARDLESS OF WHETHER THAT PARTY IS AN Cellgeeks USER. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR INFORMATION OR ANYTHING ELSE EXCHANGED BY MEANS OR VIRTUE OF CELLGEEKS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS SITE, APP, OR CELLGEEKS, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF CELLGEEKS, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE OR CELLGEEKS, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ANY AMOUNT DUE UNDER THE CELLGEEKS “MONEY BACK GUARANTEE” POLICY UP TO THE PRICE OF THE ITEM SOLD TO YOU ON CELLGEEKS (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COST OR (B) FIFTY DOLLARS ($50) OR (C) AMOUNTS YOU PAID US IN THE PRECEDING 12 MONTHS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
YOU SHALL INDEMNIFY AND HOLD CELLGEEKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH CELLGEEKS OR THE SITE AND ANY VIOLATION BY YOU OF THESE TERMS.
Availability & Updates
Cellgeeks may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or for other reasons. We may periodically add or update the information and materials on the Site or App without notice.
For your security, we use the Secure Sockets Layer (SSL) protocol, which encrypts any personal information you provide. The encryption protects your information by scrambling the data before being sent.
Third Party Websites and Services
Cellgeeks content may be placed by you or other users and otherwise become available through third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services, including without limitation, eBay, Facebook, Craigslist, and Kijji (“External Services”).
Cellgeeks does not have any control over External Services, and is not and cannot be responsible for their content, operation, or use, with regard to any Cellgeeks content or any other content. Cellgeeks does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer and mobile device that may relate to or stem from using or accessing any External Services.
Cellgeeks disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Cellgeeks with respect to the content or operation of any External Services.
Business or Asset Transfer or Sale
Cellgeeks may be sold, might sell or buy businesses or assets of businesses, or Cellgeeks might merge with another business. Normally, in the instance of such transactions, user information is one of the transferred business assets. In the event that Cellgeeks, a line of business of Cellgeeks, or substantially all the assets of Cellgeeks are transferred as part of such a transaction, your information may well be one of the transferred assets. Cellgeeks will make reasonable effort to provide notice on Cellgeeks and to notify you via email to the most recent email address that you have provided to Cellgeeks of any such change in ownership or control of your Personal Information.
These Terms are governed by the laws of the Province of Quebec, Canada and we consent to the exclusive jurisdiction of the courts of the Province of Quebec in relation to these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted and the other provisions shall remain in effect.
If you have any questions about these Terms or if you wish to make a comment or complaint regarding Cellgeeks, please contact us here.
CELLGEEKS.CA (AKA Les Entreprises Cellgeeks) is owned and operated by:
9388-9632 QUEBEC INC.,