Terms & Conditions
- “Summer of Music - Experience Osheaga” Contest
- Terms and Conditions for use of this site
- Use of Site and Site Material
- Idea Submission/Use of Information
- Consent and Personal Information
- Indemnification and Limitation of Liability
- Applicable Law
- Severed Provisions and Entire Agreement
- Trademarks & Ownership of Intellectual Property
- Device Protection Plan
- Return Policy
- The Mobile Shop™ Stay Mobile™ Care Plan
- Price Match Guarantee
- The Mobile Shop Trade-In Program Terms
“Summer of Music - Experience Osheaga” Contest
"Summer of Music - Experience Osheaga" Contest
Contest Rules1. CONTEST PERIOD
The "Summer of Music - Experience Osheaga" Contest (the "Contest") is run by Bell Canada, ("the " Administrator" or "Bell") and will take place in Ontario, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador ("Eastern Canada"), excluding Quebec from June 1, 2019 at 12:00 a.m. (ET) to June 30, 2019 at 11:59 p.m. (ET) (the " Contest Period").2. CONTEST GROUP
For the purposes of the Contest, the "Contest Group" is composed of the Administrator, Virgin Mobile Canada, The Mobile Shop, a division of Loblaw Companies Limited, together with franchisees, advertising and promotion agencies, suppliers of material and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity to the benefit of which this Contest is held, as well as their respective affiliates, officers, directors, employees, agents, and other representatives.3. ELIGIBILITY
The Contest is open to all individuals who:
(a) reside in Eastern Canada, excluding Quebec; and
(b) have reached the age of majority in their province of residence as of the date of entering the Contest;
Employees, agents and other representatives of the Contest Group, as well as any person with whom they reside, are not eligible to enter the Contest.4. Methods of entry
a) To enter the Contest, you must: (i) visit The Mobile Shop store and purchase a Virgin Mobile phone with new activation or hardware upgrade on a Virgin Mobile 2-year agreement during the Contest Period; and (ii) enter your first and last name, Virgin Mobile phone number, and email address by visiting vm.ca/experienceosheaga (the "Contest Website"). You will then obtain one entry into the Contest (the "Entry"). There is a limit of one (1) Entry per entrant during the Contest Period.
b) NO PURCHASE NECESSARY: You may enter the contest without purchase by sending an email to firstname.lastname@example.org by including: (i) an original fifty (50) word essay about why you would like to attend the 2019 Osheaga Music and Arts Festival; and (ii) the entrant's name, age, residing address, telephone number, and confirmation of agreement to these Rules. Any entrant may use only one (1) email address to enter the Contest. Although online access and an e-mail account are required in order to participate, no purchase is required in order to enter the Contest. Many public libraries, retail businesses and others offer free access to computers and a number of Internet service providers and other companies offer free e-mail accounts.
Regardless of method of entry, each eligible entry received by the Administrator during the Contest Period will qualify as one (1) entry into the Contest. Limit of one (1) entry per entrant during the Contest Period. If duplicate entries are received from any entrant, the entries in excess will be discarded.5. PRIZE
5.1. There is a total of one (1) grand prize (the "Grand Prize) available to be won. The Grand Prize package consists of:
a. Two (2) VIP bracelets to the Osheaga Festival taking place from Friday, August 2, 2019 to Sunday, August 4, 2019 at Parc Jean Drapeau in Montreal, QC; and
b. Access to the Virgin Mobile Members Lounge located inside the Osheaga festival grounds;
c. Two (2) return economy airfare to Montreal, QC, departing from the Canadian International Airport (the "Airport") closest to the winner's place of residence (must be in Eastern Canada as set out in section 1);
d. Four (4) nights standard hotel accommodation (one room, double occupancy) for two (2) at a chosen hotel in Montreal, QC from Thursday, August 1, 2019 to Monday, August 5, 2019 (dates are subject to change). The choice and location of the hotel is at the Administrator's sole discretion;
e. One (1) $550 CAD VISA Gift Card. The Visa Gift Card is subject to the issuing company terms and conditions.
Approximate retail value of Grand Prize: $2900 CAD based on a Toronto departure. In the event that the Grand Prize winner resides within a 200 km radius of Montreal, the Prize is deemed not to include return airfare, and no cash will be provided in lieu thereof.
All fees and expenses, other than those mentioned above, are at the winners' and their guests' charge notably, but without being limited to meals, room service, taxes, gratuities, accident insurance, travel insurance, health/medical insurance, excess baggage costs, in-room movies, and any other expenses of a personal nature, as the case may be. The winner and winner's guest must depart from and return to the same Airport. It is the sole responsibility of the winner and the winner's guest to obtain all necessary travel documentation including passports and/or visas if applicable and to comply with any customs and immigration requirements. Should the winner and the winner's guest wish to upgrade or change any component of the prize, s/he can do so based on space availability and by paying upgrade and change prices established by the participating airline company. Any portion of the prize that remains unused becomes the property of the Administrator. Except where otherwise specified in these Rules, all use of the any component of the grand prize including tickets and/or reservations will be regulated by the terms and conditions for each respective component of the prize, including those of the participating airline company. The winner and the winner's guest are responsible for all required medical and travel related necessities and medical documentation. The Administrator makes no express or implied warranties of any kind with respect to safety, or performance, of the prize.6. DRAW
On July 3, 2019 at 10:00 a.m. (ET) in Toronto in the province of Ontario, at the offices of the Administrator, one (1) entry will be randomly drawn from all entries received during the Contest Period.7. ODDS OF WINNING
The odds of winning are based on the number of entries received during the Contest Period.8. AWARDING OF PRIZE(s)
8.1. To be declared a winner, a selected entrant must, in addition to meeting the Contest eligibility criteria and otherwise complying with the Rules, first:
(a) Be reached by telephone and/or email by the Administrator or its representatives within twenty-four (24) hours immediately following the selection of the entry. In the event that the potential winner cannot be contacted within twenty-four (24) hours after the Draw, he or she will be disqualified and an alternate potential winner may be drawn at the Administrator's sole discretion;
(b) Have correctly answered a mathematical skill-testing question, to be administered by telephone by the Administrator or its representatives at a pre-arranged, mutually convenient time; and
(c) Sign and have witnessed the declaration and release documentation and return it by email to the email address indicated in the documentation for it to be received by email within twenty-four (24) hours following its delivery by the Administrator or its representatives.
8.2. Disqualification: If any one of the conditions mentioned in the Rules is not met, the selected entrant will be disqualified and shall not be entitled to receive any prize, and the Administrator reserves the right, in its sole and absolute discretion, to select at random another eligible entrant as a potential prize winner or to cancel the prize.
8.3. Delivery of Prize(s): Following receipt of the selected entrant's signed declaration and release documentation, the Administrator or its representatives will send to the winner(s) an e-mail informing him or her of the method by which he or she may take possession of the prize(s). Please allow two (2) weeks for delivery. Shipped prize(s) shall not be insured and the Administrator shall not assume any liability for lost, damaged or misdirected prize(s).9. GENERAL TERMS and conditions
9.1. Verification of Entries: The validity of any Entry is subject to verification by the Administrator. Any entries that are illegible, incomplete, fraudulent or otherwise non-compliant with the Rules will be disqualified. Any entrant or other individual who enters or attempts to enter the Contest in a manner that is contrary to these Rules or that is otherwise disruptive to the proper operation of the Contest or by its nature is unjust to other entrants or potential entrants will be disqualified. All decisions made by the Administrator or its representatives, including without limitation those concerning the eligibility or disqualification of entrants, are final and binding without right of appeal. All entries become the property of the Administrator and none will be returned.
9.2. Acceptance of Prizes: All prizes must be accepted as described in these Rules and cannot be returned, transferred to another individual, substituted for another prize or exchanged in whole or in part for money, except as set out in Rule 9.3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ADMINISTRATOR/PRIZE PROVIDER HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9.3. Substitution of Prizes: The Administrator reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute for another prize of equivalent or greater value . Prizes are not redeemable for cash equivalent.
9.4. Number of Prizes/Winners: By entering the Contest, each entrant acknowledges that the Administrator shall not be required under any circumstances to award more prizes than the number of available prizes, as set out in these Rules. In the event that, for any reason whatsoever (including, without limitation, as a result of an error, malfunction or defect in the design, advertising, management, implementation or administration of the Contest, whether mechanical, electronic, human or otherwise) the number of declared winners or the number of prizes claimed by entrants is greater than the number of prizes available, the Administrator reserves the right, in its sole and absolute discretion, to end the Contest in whole or in part, without notice, and to award the correct number of prizes among the correct number of winners, selected in accordance with these Rules from among those entries validly submitted prior to the termination of the Contest .
9.5. Other Changes to Contest Rules: Without limiting the provisions of Rule 9.4 above, the Administrator reserves the right, in its sole and absolute discretion, to modify, cancel, terminate or suspend the Contest, in whole or in part, in the event of any cause or circumstance, including, without limitation, any virus, computer bug or unauthorized human intervention or any other cause that is beyond the control of the Administrator, that could corrupt or affect the administration, security, impartiality or normal course of the Contest.
9.6. Release and Exclusion of Liability:
(a) By the Entrants: By entering or attempting to enter the Contest, each entrant and/or purported entrant agrees (i) to release, discharge, and forever hold harmless the Contest Group and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with the entrant's participation or attempted participation in the Contest, compliance or non-compliance with these Rules and acceptance and use of the prize. Any entrant selected for a prize acknowledges that upon awarding of the prize, the obligations typically borne by the provider of services or goods become that provider's responsibility; and (ii) if selected as a potential winner, to sign the declaration and release documentation in this regard (see Rule 8.1) before receiving the prize. The Contest Group and their shareholders will not be responsible for lost, incomplete, late or misdirected entries or for any failure of the Contest website, if applicable, during the Contest Period, or for any technical malfunction or other problems with, any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or for any technical problems or traffic congestion on the Internet or at any website, or any combination of the foregoing, and will not be liable for any resulting death, injury or damage to any person or property arising from, or relating to, that person's or any other person's participation or attempted participation in the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Administrator reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
(b) By the Winner's Guest(s): The winner's guest must have reached the age of majority in their province or territory of residence. The winner's guest, as the case may be, will be required to sign documentation stating that he/she releases the Contest Group and their shareholders from any and all liability of any kind arising out of his/her participation in, and use of, a prize, and authorizes the Administrator and its advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his or her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
9.7. Conduct: By participating in the Contest, each entrant agrees to be bound by the Rules, which will be posted on the Contest Website throughout the Contest Period. The entrant agrees to be bound by any decision of Bell in connection with the Contest, which will be final and binding in all respects. Bell reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Rules; (b) tampering or attempting to tamper with the entry and registration process, the operation of the Contest, or any Bell website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, THE CONTEST ENTRY FORM, BELL WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE RULES AND CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BELL RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner must at all times behave appropriately when taking part in the Contest, the prize and any media obligations and observe the Rules and any other rules or regulations in force online, and/or in any other medium or at any of the events included or in any other locations, as applicable. The Contest Group reserves the right to remove from any of these locations, any winner and/or guest, as applicable, who breaks such rules and/or fails to behave appropriately and to disqualify such winner. The Contest Group reserves full rights to deny or halt winner and/or guest access to the prize and/or participation in the prize, if winner and/or guest are rowdy or intoxicated, as determined by the Contest Group.
9.8. Name/Image of Winners: By entering the Contest, each winner authorizes the Administrator and its advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his or her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
9.9. Intellectual Property and Company Information: All intellectual property, including but not limited to, trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by Bell and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. The VIRGIN trademark and family of associated marks are owned by Virgin Enterprises Limited and used under license.
9.10. Governing Law: The Contest is subject to all applicable federal, provincial and municipal laws and regulations. The Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Bell. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations as between the entrant and Bell in connection with the Contest will be governed by and construed in accordance with the laws of the province of Ontario and laws of Canada applicable herein, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws.
9.11. Email Consent: By providing the entrant's legitimate email address as a method of entering the Contest, the entrant agrees that VMC can send the entrant communications via electronic means, which will include information that may be of interest to the entrant regarding VMC's products and services and the products and services of VMC's third-party marketing partners. If at any time the entrant wishes to stop getting such communications, the entrant can visit virginmobile.ca/communicationpreferences or contact VMC by mail at the Virgin Mobile Head Office at 720 King Street West, Suite 905, Toronto, Ontario M5V 2T3.
9.12. Personal Information: Except for the authorized use of the entrant's email address consented to above, or unless the entrant has otherwise authorized the Administrator or another entity related to the Contest to contact him or her, the personal information gathered about entrants in connection with this Contest will be used solely for the administration of the Contest and is subject to Bell's privacy policies (available at www.bell.ca/bellprivacy), and no communication unrelated to the Contest, commercial or otherwise, will be sent to the entrant by the Administrator.
9.13. Identity of the Entrant: For the purposes of these Rules, the entrant is the person who is the holder of the Virgin Mobile Canada account, or, in the case of emailed entries, the person whose name is submitted as the entrant. It is to this individual that the prize will be awarded if selected and declared as the winner.
Your use of this site and material from this site is at your own risk.
The Mobile Shop strives to provide accurate and up-to-date material on this site. However, The Mobile Shop makes no warranties or representations as to the accuracy, completeness or currency of the material provided on this site including product or service information. If a product offered by The Mobile Shop is not as described, your sole remedy is to return it in accordance with the Return Policy posted on this site or any other applicable return policy. Price and availability information is subject to change without notice. Nothing in this site shall modify any contract for products or services you may have with The Mobile Shop, Loblaws Inc., its affiliates suppliers, or contractors of products and services. The Mobile Shop assumes no liability or responsibility for any errors or omissions on this site.
Neither The Mobile Shop, its affiliates, suppliers, contractors, any of its agents, nor any other party involved in creating, producing, or delivering this site is liable for any damages whatsoever arising out of your access to, or use of, this site or any material from this site. Without limiting the foregoing, this site and the material provided on this site are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
The Mobile Shop assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this site or any materials provided on this site.
Terms and Conditions for use of this site
The Mobile Shop™, a division of Loblaws Inc., is pleased to provide this web site for your personal use. However, by using this site, you agree to the terms and conditions provided below. If you do not agree with these terms and conditions, you may not access or use this site. These terms and conditions are in addition to any other agreement you may have with The Mobile Shop, including a transaction agreement.
The Mobile Shop may modify these terms and conditions at any time and without notice.
Use of Site and Site Material
Except as expressly stated therein, this site is provided for your personal noncommercial use and you may not copy material from this site for commercial use. You may copy material in limited quantities from this site for your personal noncommercial use provided that our copyrights notice is affixed to the copied material. The Mobile Shop reserves the right to restrict your use of this site at any time, which may include terminating your permission to make personal copies of material from this site.
You are prohibited from using this site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. The Mobile Shop may from time to time monitor or review material transmitted or posted using this site and reserves the right to delete any material The Mobile Shop deems inappropriate. The Mobile Shop is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this site.
The Mobile Shop has not reviewed any or all of the third-party sites that may be linked to this site, including Pop Up Retail Inc. and is not responsible for any sites linked to this site. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, The Mobile Shop does not endorse the site operator or the content of the linked site.
Idea Submission/Use of Information
The Mobile Shop does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to The Mobile Shop, you agree that the idea becomes and remains the sole and exclusive property of The Mobile Shop without further liability or compensation to you.
If you respond to The Mobile Shop with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of The Mobile Shop, and your submission of information shall constitute an assignment to The Mobile Shop of all worldwide rights, titles, and interests in such information. The Mobile Shop will not be liable for any use or disclosure of such information. The Mobile Shop will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. The Mobile Shop will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
The Mobile Shop welcomes your comments and suggestions on this site and products, but The Mobile Shop does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that The Mobile Shop may publish such information, use it as part of its operations, and incorporate its concepts in The Mobile Shop products without liability or compensation to you.
Consent and Personal Information
Indemnification and Limitation of Liability
You agree to defend, indemnify and hold The Mobile Shop, Loblaw Companies Limited and its subsidiaries, affiliates and related companies, as well as suppliers, contractors and agents harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these terms and conditions by you, or in connection with your use of the site or with the placement or transmission of any message or information on the site by you.
Notwithstanding any other provision of these terms and conditions, in no event will The Mobile Shop, Loblaw Companies Limited, our subsidiaries, affiliates, suppliers, nor each of their respective directors, officers, agents, employees, contractors and consultants (collectively, in this section, "we" or "us") be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these terms and conditions or the use, or non-use of the site, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses.
You agree that the laws of the Province of Ontario, Canada govern any use of this site, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this site or material from this site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
Severed Provisions and Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.
2. Trademarks & Ownership of Intellectual Property
This web site contains many of the valuable trademarks, names, package designs, copyrights and other proprietary material owned and used by Loblaws Inc. and/or its affiliated companies including but not limited to The Mobile Shop™, President's Choice® and PC® (the "Trademarks").
The Trademarks on this web site are protected from copying or reproduction under national and international trademark and copyright laws and nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right. Therefore the use of the Trademarks is strictly prohibited. All rights reserved.
Pricing and offers are subject to change without notice; cannot be combined with other offers unless otherwise specified. Pricing and availability may vary. Taxes and added features extra.
We reserve the right to limit quantities available for sale or sold.
- Gift cards are President’s Choice® gift cards, which can be redeemed for groceries and other products, at participating stores where President’s Choice® products are sold. Gift cards received from The Mobile Shop as part of an offer may be redeemed at The Mobile Shop prior to completion of the transaction; subject to the foregoing, President’s Choice® gift cards are not redeemable at The Mobile Shop locations. Unused gift card must accompany all returns.
- Minimum redemption is 10,000 PC Optimum points (worth $10 in free rewards) and in increments of 10,000 PC points thereafter. PC Optimum points are not redeemable against the purchase of tobacco, lottery tickets, alcohol, prescription medication, milk in Quebec, or any products or services prohibited by law or as we determine from time to time. Visit www.pcoptimum.ca for complete details on the PC Optimum points program. PC points program is provided by President’s Choice Services Inc.
- PC Optimum program is provided by President’s Choice Services Inc.
4. Device Protection Plan
|Eligible Device Retail Value||Monthly Service Fee*||Processing Fee*|
|$0.00 - $499.99||$5.99||$99.00|
|$500.00 - $799.99||$7.99||$149.00|
|$800.00 - $1199.99||$9.99||$199.00|
|$1200.00 - $1600.00||$11.99||$199.00|
The Mobile Shop Device Protection Plan (the “Plan”) is provided pursuant to these terms and conditions which, together with any applicable written communications from Us to You, comprise Our Contract (the “Contract”). In Manitoba, the Plan is provided pursuant to this Contract as well as The Mobile Shop Device Protection Plan Insurance Policy. This Contract governs the Plan so You should keep it and any other communications and documents you receive from us relating to the Plan in a safe place for Your reference. You agree to pay Your Monthly Service Fee and all other applicable fees to the Administrator in accordance with the terms and conditions of this Contract. All fees referred to in this Contract are subject to applicable taxes. All amounts are Canadian Dollars. Points may be used towards Monthly Service Fees at time of purchase only, but are not applicable to any other charges. Please visit pcplus.ca for information on Points. This Contract and the coverage provided under the Plan takes effect on the Effective Date (defined below). As used in this Contract, “We”, “Us”, and “Our” mean Loblaws Inc. operating as The Mobile Shop, the company obligated under this Contract with head office at 25 York St., Toronto, ON M5J2V5, Canada and its successors and assigns. “You” or “Your” means The Mobile Shop customer who is enrolled in the Plan and has entered into this Contract. This Contract is administered on Our behalf by Brightstar Device Protection Canada Ltd. with head office at 40 King Street West, Suite 2100, Toronto, Ontario M5H 3C2, Canada (“Brightstar” or the “Administrator”).
Definitions. As used in this Contract:
(1) “Accident” means a known and identifiable but unintended, sudden and unforeseen event.
(2) “Accidental Damage” means any direct damage resulting from an Accident, including damage, liquid damage, destruction that is externally visible and which prevents the correct operation of the Protected Equipment, glass breakage, or destruction.
(3) “Computer Virus” means any unauthorized programming or intrusive codes that are entered by any means into covered data processing equipment, media, software, programs, systems or records and interrupt the operations of the Protected Equipment.
(4) “Protected Accessory” means one standard battery and one standard charger.
(5) “Effective Date” means the date You enrolled Your Eligible Device in the Plan.
(6) “Eligible Device” means a wireless device that We have designated as eligible for coverage under the Plan as set forth in the list of Eligible Devices which can be found in The Mobile Shop stores or by calling 1-844-225-6333.
(7) “Eligible Device Retail Value” means the non-subsidized, non-discounted price for new equipment set by the carrier at the time of Eligible Device purchase, and may be higher than your purchase price. For a complete list of Eligible Devices and the corresponding Eligible Device Retail Value, ask a sales representative at The Mobile Shop.
(8) “Failure” means:
(i) in all provinces but Manitoba,
(A) Mechanical or Electrical Failure after the expiration of the original equipment manufacturer’s warranty, or
(B) Accidental Damage; and (ii) in Manitoba, Mechanical or Electrical Failure after the expiration of the original equipment manufacturer’s warranty.
(9) “Mechanical or Electrical Failure” means failure of the Protected Equipment to operate after the expiry of the original equipment manufacturer’s warranty or the Replacement Warranty, as applicable, due to faulty part(s) or workmanship when operated according to the manufacturer’s instructions.
(10) “Monthly Service Fee” means the monthly fee that corresponds to Your Eligible Device Retail Value as listed in the table at the beginning of this Contract.
(11) “Plan Payment Method” means the payment method You selected at the time of enrollment for the purposes of paying Your ongoing Monthly Service Fees payable by You under this Contract.
(12) “Points” refers to Loblaws Inc. loyalty points or rewards. Any use of Points is solely governed by the terms and conditions found at pcplus.ca and this Contract does not change any terms or conditions governing the Points.
(13) “Processing Fee” means the amount You pay for each Service Request according to Your Eligible Device Retail Value as listed in the table at the beginning of this Contract.
(14) “Protected Equipment” means the Eligible Device owned by You and any Replacement Equipment provided by Us. The Protected Equipment designated by You at the time of enrollment and identified by the International Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN) or Mobile Equipment ID (MEID) must be activated in Your name. Protected Equipment is limited to one Eligible Device per replacement. If You have enrolled an Eligible Device in the Plan but used a different Eligible Device (a “Different Device”) with Your mobile number immediately prior to the time of a Failure, the Protected Equipment is the Different Device that You have used with Your mobile number immediately prior to the time of Failure. If the Monthly Service Fee payable for the Different Device is higher than Your original Eligible Device (because the Different Device has a higher Eligible Device Retail Value) then in order to process a Service Request on the Different Device You will be required to pay the difference in the Monthly Service Fees You have paid and the Monthly Services Fees that would have been payable for the Different Device for the duration of this Contract, in accordance with the table above.
(15) “Refurbished Equipment” means equipment that was previously used and that is free from major marks, gouges, cracks, or other faults and/or blemishes, is cleared for content, contains only original equipment manufacturer parts, and is quality assurance (“QA”) tested prior to use as Replacement Equipment.
(16) “Replacement Equipment” means (i) a wireless device of the same make, model and storage (but not necessarily colour), or (ii) if a device of the same make, model and storage is not in stock or the production for the Eligible Device is discontinued by the original equipment manufacturer, the replacement device will be a different model of similar feature and functionality as the Eligible Device at the time of the Service Request (but may not be the same brand or model), with the same operating system, which We provide to You in the event of a Failure of the Eligible Device. The Replacement Equipment may be new or Refurbished Equipment. Replacement Equipment becomes Protected Equipment once it has been delivered to You.
(17) “Service Request” means the request for service that You file with Us when Your Protected Equipment suffers a Failure.
(18) “The Mobile Shop Device Protection Plan Insurance Policy” means the policy issued by an insurer that provides coverage for Accidental Damage in Manitoba.
What is Covered under the Plan. Subject to the terms and conditions of this Contract, We agree:
- In all provinces other than in Manitoba, to replace the Protected Equipment in the event of Accidental Damage or Mechanical or Electrical Failure.
- In the province of Manitoba, to replace the Protected Equipment that incurs a Mechanical or Electrical Failure.
In the province of Manitoba, coverage for Accidental Damage to the Protected Equipment is provided by The Mobile Shop Device Protection Plan Insurance Policy that You received separately.
Plan Benefits. If the Protected Equipment incurs a Failure, the Protected Equipment will be replaced with Replacement Equipment in accordance with the terms of this Contract. Protected Equipment will be replaced with a wireless device of like kind and quality with comparable features and functionality to the Protected Equipment. THERE IS NO ASSURANCE, REPRESENTATION, OR WARRANTY THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR THE SAME COLOUR AS THE ITEM BEING REPLACED. REPLACEMENT EQUIPMENT WILL BE NEW OR REFURBISHED EQUIPMENT. In the event the Replacement Equipment You receive is Refurbished Equipment, such Refurbished Equipment shall be as good as new equipment regarding functionality and features.
Original Equipment Manufacturer’s Warranty. The protection provided by this Contract complements and may overlap with Your original equipment manufacturer’s warranty, which is typically valid for one year from the purchase date of Your device. During the original equipment manufacturer’s warranty You must go to the manufacturer for all coverage except for Accidental Damage. If you need to submit a Service Request for Accidental Damage, You can contact Us at any time. After the original equipment manufacturer’s warranty ends, You can contact Us at any time to submit a Service Request for any Failure. Subject to applicable law, in addition to the original equipment manufacturer’s warranty, Your Eligible Device may also be covered by certain quality standards. Some Eligible Devices may have a longer or shorter manufacturer’s warranty. Please refer to the original equipment manufacturer’s warranty provided with Your Eligible Device or through the manufacturer’s website to understand what protection is offered and the duration of the original equipment manufacturer’s warranty. Replacement Equipment. Replacement Equipment becomes Protected Equipment immediately upon delivery to You. If the Replacement Equipment is physically damaged upon delivery, You must report such damage to Us within seventy-two (72) hours and request the reshipment of Replacement Equipment. This request will not be considered a Service Request.
All Replacement Equipment will include a 90-day warranty covering Mechanical or Electrical Failure, provided by Us and administered by Brightstar in the same manner as this Plan. The 90 day warranty begins on the date the Replacement Equipment is received by You and covers malfunction of the Replacement Equipment due to defects in parts, material or workmanship. Any claim made on Replacement Equipment within the 90- day warranty period will not be considered a Service Request. Monthly Service Fees. Your first Monthly Service Fee is due on the Effective Date and charged pro rata for the days remaining in the month of enrollment. Your subsequent Monthly Service Fees will be charged to your selected Plan payment method by the Administrator each month. If You do not pay Your Monthly Service Fee when due, including because an attempted charge to Your selected Plan payment method has been dishonoured due to insufficient funds, You may be in default of Your obligations under this Contract and We may cancel this Contract in accordance with “Our Cancellation Rights” set out below. Applicable Processing Fees and other fees and taxes that become payable by You under this Contract may be charged to Your selected Plan payment method before or after We provide You with Replacement Equipment. You authorize Our Administrator to charge Your Plan Payment Method for Your ongoing Monthly Service Fees that become due by You under this Contract. Your authorization includes authorization for Our Administrator to charge any replacement card that Your financial institution may issue. The expiry of a payment card will not result in the cancellation of this Contract or relieve You of any payment obligation You have under this Contract. You must notify us of any change to Your Plan Payment Method. If there is a change to Your Plan Payment Method and You do not notify Us and Our Administrator is not able to collect any amount that is due by You, We reserve the right to cancel this Contract.
Used Wireless Devices. If protection for used devices is available and You bring Your own device, protection begins 30 days following the date of enrollment. Used devices are subject to inspection by Us prior to enrollment. All used devices must be fully operational and have no damage in order to be eligible for coverage.
Points. Points can be used as a pre-payment for Monthly Service Fees at time of purchase only. Points redeemed for pre-payment are converted at a value of 1,000 Points per $1. Your Points will be used towards Your Monthly Service Fee outstanding balance, once the Points have been depleted, the payment card You have provided will be charged on a monthly basis going forward. If You are entitled to a refund under this Contract for any amount that You originally paid in Points, the refund will be provided in the form of Points.
To Obtain Plan Service. As long as this Contract is in effect, in the event of a Failure of Protected Equipment, You may submit a Service Request within sixty (60) days of the Failure by calling +1 844-225- 6333 or by visiting brightstarprotect.com/themobileshop. If the Failure is not reported within sixty (60) days, Your Service Request will be forfeited and no Replacement Equipment will be available for the Failure.You must provide Us with all of the necessary information required to approve replacement of the Protected Equipment and pay Your Processing Fee, if applicable, within sixty (60) days of reporting the Failure. WE MAY REQUIRE, AS A CONDITION OF APPROVAL OF YOUR SERVICE REQUEST, THAT YOU PROVIDE PROOF OF PURCHASE FOR THE PROTECTED EQUIPMENT AND/OR YOUR GOVERNMENT ISSUED PHOTO I.D., AND/OR OTHER DOCUMENTATION OR INFORMATION AS REASONABLY NECESSARY TO ESTABLISH YOUR IDENTITY AND RIGHT TO SERVICE. You authorize Our Administrator to release any information We require for the purpose of validating Service Requests. We also retain the right to inspect the Protected Equipment as a condition of approval of Your Service Request. If You do not provide Us with the requested information within sixty (60) days of the date that You report the Failure to Us, Your Service Request will be forfeited and no Replacement Equipment will be available for the Failure.
If Your Service Request is approved, You must pay the applicable Processing Fee, set out in the table at the beginning of this Contract, as well as a shipping fee, if applicable, as described below (the “Shipping Fees”) There will be no Shipping Fee for regular delivery. If You choose next business day delivery, You will be charged a shipping fee of $15.00. If You choose Saturday delivery, where available, You will be charged a shipping fee of $20.00. If You choose to have Your Replacement Equipment shipped to an address outside of Canada, You will be charged a shipping fee of $30.00. Once We receive the Processing Fee and the applicable Shipping Fees, We will ship the Replacement Equipment within two (2) business days or earlier, as applicable, to the address You provide at the time of Your Service Request.
Service Limits. This Contract will protection for up to two (2) approved Service Requests during any consecutive twelve (12) month period for any Protected Equipment registered under the Plan. The initial twelve (12) month period will begin from the date the Replacement Equipment for the first approved Service Request is shipped to You.
For each Service Request, We will provide Replacement Equipment up to a maximum retail value of $1,600, inclusive of Protected Accessories.
Return of Protected Equipment. Protected Equipment approved for replacement must be returned to Us in the postage-paid return mailer provided to You with Your Replacement Equipment within thirty (30) days of the Replacement Equipment shipment date. The Protected Equipment We replace becomes Our property upon Your receipt of the Replacement Equipment and, at that time, You assign and transfer to Us all rights and benefits in the Protected Equipment, including any manufacturer’s warranty or other ancillary service relating to the Protected Equipment. For any Protected Equipment returned to Us or the Administrator, You are solely responsible for removing or deleting any personally identifiable information, payment card information, pictures, images, recordings or other data stored on the device prior to returning the damaged device. Data on a returned device cannot be recovered nor returned to You. If the damage to the device does not permit removal or destruction of stored data, this should be indicated on the correspondence used with the returned device. The Mobile Shop and Our affiliates, subsidiaries, partners, and the Administrator are not responsible for any personal data or other data, such as ringtones, applications, games, or other content that is stored, downloaded, purchased, or otherwise located on the Protected Equipment.
|Eligible Device Retail Value||Non-Returned Equipment Fee||Locked Device Fee|
|$0.00 - $499.99||$125.00||$125.00|
|$500.00 - $799.99||$175.00||$175.00|
|$800.00 - $1199.99||$225.00||$225.00|
|$1200.00 - $1600.00||$275.00||$275.00|
Non-Returned Equipment Fee. If We do not receive Your original Protected Equipment within thirty (30) days from the Replacement Equipment shipment date, You will be charged a Non-Returned Equipment Fee as shown in the table above. YOU MAY AVOID THIS FEE BY SIMPLY RETURNING THE PROTECTED EQUIPMENT AS INSTRUCTED. You are eligible for a full refund of the Non-Returned Equipment Fee if You return the Protected Equipment to Us within thirty (30) days of the date on which You are charged the Non-Returned Equipment Fee.
Locked Device Fee. If You file a Service Request, We will ask You at the time You file Your Service Request to disable any locking feature on Your Protected Equipment. We will not process Your Service Request until You provide affirmative verification that such locking feature has been disabled. If You return Your Protected Equipment with the locking feature enabled, You will be charged a Locked Device Fee as shown in the table above. YOU MAY AVOID THIS FEE BY DISABLING THE LOCKING FEATURE ON YOUR PROTECTED EQUIPMENT AT THE TIME YOU FILE YOUR SERVICE REQUEST.
Charge for Non-Covered Service. We will notify You in writing within thirty (30) days of the return of Protected Equipment if We determine the Protected Equipment did not suffer a Failure covered by the Plan. You may be required to return the Replacement Equipment to Us, at Your expense, within thirty (30) days of such notification. In such case, if We do not receive the Replacement Equipment in good working order within thirty (30) days, You will be charged a Non-Returned Equipment Fee shown in the table above.
No Trouble Found Fee. In the event that You have been approved for a Service Request and You return Protected Equipment to Us but no trouble is found with the Protected Equipment, We may charge You a No Trouble Found Fee of fifty dollars ($50.00).
Exclusions. The Plan does not cover: (1) Incidental or consequential damages that do not flow directly from the Failure of the Protected Equipment, or indirect damages not resulting from Our intentional or gross fault; (2) failure caused by any force majeure, including failures caused by war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government, or military authority; (3) abuse or misuse of the Protected Equipment; (4) pre-existing Failures of the Eligible Device occurring before the time it was established as the Protected Equipment; (5) changes or enhancements in color, texture, finish, expansion, contraction, or any cosmetic damage to Protected Equipment however caused, including, but not limited to, scratches and marring, other than Accidental Damage, that do not affect the mechanical or electrical function of the Protected Equipment;(6) Failure of the Protected Equipment caused by a Computer Virus; (7) loss; (8) theft; or (9) damages covered by the Protected Equipment’s manufacturer’s warranty while the manufacturer’s warranty is in effect. Further, Protected Equipment does not include and this Plan does not cover: (1) contraband or property in the course of illegal transportation or trade; (2) property in transit to You from anyone other than Us; (3) routine maintenance and consumable items, such as batteries (except for Protected Accessories or if the battery was part of the Failure to the Protected Equipment); (4) antennas, unless there is also a Failure of the Protected Equipment; or (5) any accessories (other than a Protected Accessory), including but not limited to color face plates, personalized data, or customized software, such as personal information managers (PIMs), ring tones, games, or screen savers.
Ineligible Enrollment. Subject to applicable law, if We determine that a device other than an Eligible Device has been enrolled in the Plan, We may cancel this Contract by notifying You in writing. If We cancel this Contract for an ineligible enrollment, We will provide a refund of all paid Monthly Service Fees, less the value of any Replacement Equipment received and any other applicable fees that You incurred.
Contract Term. This Contract and the coverage provided under the Plan takes effect on the Effective Date and continues on a month-to-month basis as long as You continue to pay the Monthly Service Fee until the earliest of: (i) fulfillment of the Plan as outlined in the Contract; (ii) cancellation or termination of this Contract as described herein, or (iii) otherwise in accordance with applicable law.
Your Cancellation Rights. You may terminate this Contract at any time and for any reason by calling the Administrator at +1-844-225-6333 and such cancellation will be effective immediately. If You cancel Your enrollment in the Plan within the first thirty (30) days following the Effective Date You may obtain a full refund provided that you have not received a fulfilled Service Request. If You cancel this Contract after thirty (30) days from the Effective Date, We will refund the remainder of the Monthly Service Fees for the month of cancellation only, pro-rated on a daily basis from the date You cancel this Contract. We will also discontinue all Monthly Service Fees for the Plan as of the effective date of cancellation.
Our Cancellation Rights. We may terminate this Contract immediately for non-payment of the Monthly Service Fees or if You default on Your other obligations under this Contract at any time. Except as otherwise provided in this Contract, We may cancel this Contract for any other reason by notifying You in writing at least thirty (30) days prior to the effective date of cancellation, which notice shall state the effective date of and reason for cancellation. If You are not in default under this Contract, We will refund the remainder of the Monthly Service Fees, pro-rated on a daily basis from the date We cancel this Contract. Refunds will be applied to your original payment method.
Agreement and Notice of Material Change. You agree to all the provisions of this Contract, as of the Effective Date. Subject to applicable law, in the event of any material change to the terms of this Contract, the Monthly Service Fees, and/or Processing Fees, unless such change is more favorable to You, You will be provided thirty (30) days’ advance notice of such changes. Such notice may be provided by any of the following methods: email, text message, in a separate mailing, or by any other reasonable method. Such notice will set out the effective date of the material change. You may refuse the amendment and rescind or cancel this Contract without cost, penalty or cancellation indemnity by sending Us a notice to that effect within thirty (30) days after the amendment comes into force. Your continued payment of the Monthly Service Fees after such notice constitutes Your acceptance of the changes. Your participation in the Plan is optional and You may cancel the Plan at any time. Please refer to “Your Cancellation Rights”, above.
Service Contract. This Contract is a contract between You and Us that provides the specified services outlined herein. This contract is not an insurance policy and provides no insurance coverage or insurance benefits to You.
Electronic Delivery. You expressly and knowingly agree and consent to permit Us (including the Administrator or any third party vendor, or representative through which We provide services under this Contract) to make disclosures and provide notices to You in electronic form, including but not limited to email and text messaging, instead of providing such notices and disclosures in hardcopy by post mail. Your consent and agreement shall relate to all forms, disclosures, and notices required under applicable law and shall remain valid until You may exercise Your right to revoke this consent by notifying Us.
Prohibitions on Transfer and Abuse of the Plan. This Plan is for Your use only. It is not transferable by You to any other person, and may not be assigned by You. Eligible Devices owned or leased by anyone other than You may not be made Protected Equipment. Any abuse of this Plan by You, including but not limited to seeking replacement of a wireless device not belonging to You, may result in immediate termination of this Plan. We will not refund any of the Monthly Service Fees already paid.
Concealment, Misrepresentation or Fraud. The protection provided by this Contract is void if You commit fraud or intentionally conceal or misrepresent a material fact concerning, this Contract, the Protected Equipment, Your interest in the Protected Equipment, or a Service Request. In such a case this Contract will be immediately terminated and We will not refund any of the Monthly Service Fees already paid. Force Majeure. We have no responsibility for delays or failures with respect to this Plan or the services provided by Us, the Administrator or Our agents or other service providers hereunder due to acts of God, fire, flood, explosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government, military authority, or the elements, or other causes beyond Our reasonable control, and in such event, We may cancel this Contract and the Plan immediately.
Legal Action Against Us. No one may bring legal action against Us under this Contract unless and until there has been full compliance with all terms of this Contract.
Although We always endeavour to take the necessary steps to ensure Your privacy rights are protection, please note that the information You provide to Us may be transferred to Our affiliates, subsidiaries and partners and with other third parties that are located in countries outside of Canada and as such that local laws may otherwise allow Your personal information to be accessed by local authorities without Your consent.
Limits of Liability. In the event of any error, omission or failure by Us, the Administrator or Our agents or other service providers with respect to the Plan or the services provided by Us, the Administrator or Our agents or other service providers hereunder, OUR RESPONSIBILITY AND LIABILITY AND THAT OF THE ADMINISTRATOR, OUR AGENTS AND OTHER SERVICE PROVIDERS SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR THE PLAN, BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PLAN. THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US, THE ADMINISTRATOR OR OUR AGENTS’ OR OTHER SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE, THE ADMINISTRATOR OR OUR AGENTS OR OTHER SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE, THE ADMINISTRATOR OR OUR AGENTS OR OTHER SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE PLAN OR OUR, THE ADMINISTRATOR’S OR OUR AGENTS’ OR OTHER SERVICE PROVIDERS’ PERFORMANCE UNDER THE PLAN, UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT OR REQUIRED BY LAW, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, REGARDING THE PLAN AND SERVICES TO BE PROVIDED HEREUNDER BY US, THE ADMINISTRATOR AND OUR AGENTS OR OTHER SERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Severability. If any portion of this Contract is deemed invalid or unenforceable, it shall not invalidate the remaining portion of this Contract. Jurisdiction. This Contract is purchased in and governed by the laws of the Province identified in Your billing address in the records of The Mobile Shop and by the federal laws of Canada as applicable therein.
*Plus applicable taxes.
5. Return Policy
Telus & Koodo
The Mobile Shop Return Policy: We want to be sure you are completely satisfied, that’s why all our phones come with The Mobile Shop Satisfaction Promise. This allows you to try your new device for up to 15 days, and if you are not 100% satisfied with your purchase you can bring it back for a full refund. All returns are subject to the terms of the carrier Service Agreement and subject to carrier approval. The product must be returned in “like new” condition, to the same location where it was originally purchased, in its original packaging, including all accessories, manuals, promotional material and all bonus/promotional items (gift cards, coupons, etc.) within 15 days from the date of activation with less than 30 minutes of airtime and less than 50Mb of data used. Unfortunately incomplete returns will not be accepted. Original proof of purchase and sales receipt are required. The original valid debit or credit card is required to process a refund. Cash refunds are not available.
Bell, Virgin Mobile, Rogers, Fido & Freedom Mobile
The Mobile Shop Return Policy: We want to be sure you are completely satisfied, that’s why all our phones come with The Mobile Shop Satisfaction Promise . This allows you to try your new device for up to 15 days, and if you are not 100% satisfied with your purchase you can bring it back for a full refund. All returns are subject to the terms of the carrier Service Agreement and subject to carrier approval. The product must be returned in “like new” condition, to the same location where it was originally purchased, in its original packaging, including all accessories, manuals, promotional material and all bonus/promotional items (gift cards, coupons, etc.) within 15 days from the date of activation. Unfortunately, incomplete returns will not be accepted. Original proof of purchase and sales receipt are required. The original valid debit or credit card is required to process a refund. Cash refunds are not available.
Accessory Return Policy: Accessories purchased from The Mobile Shop may be returned within 14 days of purchase for a full refund. Products must be returned to the original point of purchase, in their original condition, with all original packaging and components intact, along with the original store sales receipt as proof of purchase. For health and safety reasons all ear buds and headsets sales are final.
6. The Mobile Shop™ Stay Mobile™ Care Plan
The Stay Mobile Care Plan terms and conditions only apply to customers who have registered for the Stay Mobile™ Care Plan program, which is no longer available for sale.
The “Stay Mobile Care Plan” is a set of additional support services to customers experiencing technical problems with their phones as well as a limited extension of the original manufacturer’s coverage on voice phone, smartphone or other wireless devices purchased through The Mobile Shop (the “Plan”). The Plan is in effect for a period of 12 months (the “Extended Period”) commencing on the expiry date of the original manufacturer’s coverage. Other than as expressly set out herein, The Mobile Shop makes no other representation, warranty, guarantee or promise that any item purchased from The Mobile Shop is fit for any particular purpose or free from defect.
In addition to the terms and conditions contained in the original manufacturer’s coverage, all of which are incorporated herein by reference, you (hereinafter, “you” or “customer”) agree that the Plan is subject to the following terms and conditions:
1) The Plan covers the repair or replacement of a covered product when such repair or replacement is due to defects in materials and workmanship under normal use of the covered product or parts thereof during the Extended Period.
2) During the Extended Period, the fees charged by The Mobile Shop for the temporary use of loaned Courtesy Equipment, under The Mobile Shop’s “Stay Mobile Repair & Courtesy Phone Program” shall be waived (except any charges by the carrier for phone services which are expressly excluded). All other terms and conditions of the “Stay Mobile Repair & Courtesy Phone Program” shall apply. There is no representation or guarantee that the Courtesy Equipment provided will be similar to or offer features or characteristics equivalent to those available on your Device. In particular, certain features that are subscribed to may not be compatible with the Courtesy Equipment.
3) Provided that no claims for repair or replacement are made under the Plan during the Extended Period, upon presentation of the original proof of purchase for the Plan the purchase price paid for the Plan may be applied as a one-time only The Mobile Shop in-store credit (“Credit”) towards (i) the purchase of any accessories, provided that such purchase is made within six (6) months of the expiry of the Extended Period, or (ii) applied towards the price of a Plan for a new phone or device purchase within six (6) months of the expiry of the Extended Period. If the Credit is applied in (ii) above, it may not be applied again to the price of any subsequent Plan.
4) The Plan does not cover damage due to exposure to moisture, accident, misuse, abuse, neglect or physical damage beyond normal wear and tear, cosmetic damage to the covered product including but not limited to scratches, dents and broken plastic on ports or unauthorized modifications. Any interference or damage to the IMEI labels will render coverage under this Plan null and void.
5) The Mobile Shop’s obligation under the Plan shall be limited to the repair or replacement of the covered product, and be limited to a maximum of the cost of repair or replacement of the product.
6) The Mobile Shop reserves the right to replace the product, or, subject to the product’s availability at the time of service and/or the availability of products with comparable features, offer the customer a comparable device. A comparable product may consist of a product that has been refurbished to factory standards.
7) If The Mobile Shop determines that any product or any repair or replacement completed is not covered by the Plan, the customer shall be responsible for all costs incurred including without limitation, the cost of all parts, shipping and labour charges for the repair, return, or replacement of the product. Upon receipt of the replacement product or part, all personal information shall be deleted, and the original product or part becomes the property of The Mobile Shop.
8) To the maximum extent permitted by applicable law, The Mobile Shop, Loblaws Inc., and its directors, officers, affiliates, employees, suppliers, subcontractors, and agents are not liable to any customer, purchaser, subsequent owner, or any other person and customer hereby releases The Mobile Shop, Loblaws Inc., and its directors, officers, affiliates, employees, suppliers, subcontractors, and agents from any liability, loss, harm, damages, cost or expense caused by the repair, attempt to repair, or replacement of the product hereunder, including but not limited to any indirect or consequential damages such as the costs of recovering, data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from The Mobile Shop’s obligations under the Plan. The Mobile Shop does not warrant that
(i) it will be able to repair or replace covered equipment without risk to or loss of applications or data,
(ii) it will maintain the confidentiality of data, or
(iii) that the operation of any product will be uninterrupted or error-free.
9) Customer shall be responsible for removing and retaining any confidential, proprietary or personal information, and back up the contents of the product before services are performed. It is possible that the contents of any hard drive or data storage component will be lost or reformatted in the course of service and The Mobile Shop, Loblaws Inc., and its directors, officers, affiliates, employees, suppliers, subcontractors, and agents will not be responsible for any damage to or loss of any programs, firmware, data, or other information stored on any media or any part of any product serviced.
10) The Mobile Shop may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to Customer in doing so.
11) The Mobile Shop is not responsible for any failures or delays in performing under the Plan that are due to events beyond The Mobile Shop’s reasonable control.
12) In carrying out its obligations The Mobile Shop may, at its discretion and solely for the purposes of monitoring quality and for accuracy assurance purposes, record part or all of the calls between the customer and The Mobile Shop or between any person communicating with The Mobile Shop in respect of the Plan.
14) The Plan is administered on behalf of Loblaws Inc. by Plus Consulting Inc. In the event of a claim or inquiry under the Plan visit any of The Mobile Shop kiosks and speak to a Mobile Advisor.
15) The Plan will be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
16) The Mobile Shop reserves the right to change the terms and conditions contained herein.
17) The parties have expressly required that these Terms and all documents or notices relating thereto be drafted in the English language. Les présentes modalités et tous les documents ou avis qui s’y rattachent ont été rédigés en anglais à la demande expresse des parties.
7. Price Match Guarantee
The Mobile Shop will match any authorized dealer’s advertised price on any wireless handset (identical manufacturer, model, colour, memory, etc) advertised on the same contract terms by the same telecommunications service provider (as applicable) ("Product"). To receive a Price Match Guarantee, you must provide a copy of the authorized dealer’s current advertisement (online, in-store or print) of the Product. Our Mobile Advisor will verify that the Product is in stock, is new and factory sealed, subject to a manufacturer's warranty applicable in Canada and available for immediate sale at the competitor’s advertised price. The price must be valid and in Canadian dollars on the day of the Price Match Guarantee request. Limited to one Price Match Guarantee per customer.
The Price Match Guarantee does not apply to bundled items, free items, advertising or pricing errors, misprints, original equipment manufacturer (OEM) products, after-rebate prices, mail-in offers, offers including financing, out of stock, items offered below The Mobile Shop’s actual cost, limited quantity items, discontinued, liquidation, close-out or clearance items, open-box items, used/refurbished items, out-of-country dealers, corporate prices and bulk or wholesale prices. The authorized dealer must be located in Canada and the advertisement must be in effect in the same geographic area. We will honor this Price Match Guarantee provided that the authorized dealer’s print advertisement shows a lower price that is current and valid on the day you make your Price Match Guarantee request.
In the event a dealer’s advertised promotion includes gift cards, our Price Match Guarantee applies total the total value of the promotion; i.e. price and gift card value. We will match gift card offers with PC Optimum points. 10,000 PC Optimum points = $10 value
The Mobile Shop: Product X sells for $75 + 25,000 PC Optimum points
Competitor A: Product X sells for $50 + $25 gift card
Price Match Guarantee: The Mobile Shop will match $50 + 25,000 PC Optimum points
The Mobile Shop: Product X sells for $75 + 25,000 PC points
Competitor B: Product X sells for $75 + $50 gift card
Price Match Guarantee: The Mobile Shop will match $75 + 50,000 PC Optimum points
The Mobile Shop: Product X sells for $20 + 100,000 PC Optimum points
Competitor C: Product X sells for $0 + $50 gift card
Price Match Guarantee: The Mobile Shop will only price match when the total value of the competitor’s offer is better than at The Mobile Shop. In this example, The Mobile Shop’s total value is $80 ($100 in PC Optimum points – less the $20 price) vs. the competitor’s total value of $50 ($50 gift card - $0 price). As such, The Mobile Shop will not price match.
8. The Mobile Shop Trade-In Program Terms
The Mobile Shop Trade-In Program ("Program") is available to new and existing customers of Loblaws Inc. d/b/a The Mobile Shop who purchase or upgrade to any new device and activate on select monthly plans. By participating in the Program you agree to these terms ("Terms"). The Mobile Shop is facilitating the collection of your device ("Device") and receiving it on behalf of a third party company, ReCommerce, LLC, a Georgia limited liability company d/b/a Phobio.
Eligibility: You must be the sole and rightful owner of the Device being traded in, free and clear of any liens or claims by third parties. A Device includes any mobile phone. We accept one trade in per activation or upgrade.
Trade-In Value, In-Store Credit: The trade-in value of a Device is based upon the condition of your Device.The trade-in value is redeemable only as in-store credit (“In-Store Credit”) at The Mobile Shop location where you request the trade-in and may only be applied to purchase transactions occurring on the same day as the trade-in. The trade-in value of the Device is determined using a third party tool provided by Phobio. The full amount of the In-Store Credit must be immediately redeemed at time of purchase of a new device and activation or can be used toward the purchase accessories at The Mobile Shop. In-Store Credit is non-transferable, non-negotiable. No cash value, no cash refund. Any unused or remaining In-Store Credit is forfeited.
All Trade-Ins Final. All trade-ins under the Program are final. The Mobile Shop is under no obligation to return any Device traded-in by you under the Program. If you return your newly purchased device, your Device will not be returned to you. You may be permitted to use the value of the In-Store Credit towards a different new device, and any remaining credit can be used towards accessories. No cash refunds.
Your Responsibilities: The Mobile Shop recommends that you erase, delete or remove any and all personal or confidential data or information stored on the Device prior to participation in the Program. You are responsible for deactivating your device and for removing your old SIM card and memory card from your device.
Limitation of Liability. THE MOBILE SHOP SHALL NOT BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF OR IN CONNECTION WITH THE LOSS, DISCLOSURE, SECURITY, INTEGRITY, CONFIDENTIALITY OR USE OF PERSONAL OR CONFIDENTIAL DATA STORED ON ANY DEVICE TRADED-IN UNDER THE PROGRAM.
Indemnification. By participating in the Program, you expressly agree to hold harmless and indemnify The Mobile Shop and its affiliates and their officers, directors, employees, contractors, agents, successors and assigns, from and against any and all claims, damages, liabilities, losses, costs, expenses, and fees arising out of: (1) your breach of this Agreement, including, but not limited to, the representations and warranties contained herein; (2) any suit or other proceeding for infringement or misappropriation of any copyright, trade secret or other proprietary right brought against The Mobile Shop in connection with your Device you trade-in under the Program; and (3) the loss, disclosure, security, integrity, confidentiality or use of any personal or confidential information stored on a Device you trade-in under the Program.
General: These Terms are subject to amendment, modification by The Mobile Shop. You agree that this agreement shall be written in the English language. Les parties aux presents conviennent a ce que ce document soit redige dans la langue anglaise.