0. Agreement Acceptance and Overview

These Repair Terms of Service (the “Agreement”) govern your use of the repair services (the “Services”) and the website, facilitated by MobileNinja, a company based in Sherbrooke, Québec (“Company”). The Company operates under the trade name MobileNinja, offering the Services along with other ancillary products and accessories through a specialized system (the “System”).

PLEASE NOTE: This Agreement contains a compulsory arbitration clause mandating that disputes arising from the usage of the Services are to be resolved solely by an arbitrator. It also incorporates a waiver against jury trials or class action proceedings. If you disagree with any of the terms mentioned here, refrain from using the Services.

1. Definitions

In the context of this Agreement:

Our/Us/We: Refer to the Company including its parents, affiliates, agents, employees, successors, and assigns.
You/Your/Yourself: Denotes an individual or business utilizing the Services or represented by that individual.
Service Authorization & Estimate: The preliminary receipt agreed upon by You, detailing the projected costs and description of the Services to be undertaken.
Device: The eligible device specified in the Service Authorization & Estimate where the Services are authorized to be conducted by Us.
Website: MobileNinja's Website.

2. Privacy Policy

By accessing the Website or using the Services, You acknowledge that We may collect information about You and Your Device through various means including automatic ones like cookies. You might also be asked to furnish specific details about Yourself and Your Device to avail the Services. The Privacy Policy, which is integrated into this Agreement, governs all information collected during Your use of the Services and Website. You consent to the practices outlined in the Privacy Policy when you use the Services and agree to bear the risk associated with the security of Your personal data.

3. Representations

You confirm that You are the owner or have the required authorization to consent to the inspection and repair of the Device when seeking Services. We retain the right to deny Services if we find that You are neither the owner nor an authorized user of the Device. Furthermore, You assure that the information shared with Us is neither confidential nor proprietary to You or a third party.

4. Authorizations

You grant Us the permission to carry out the Services, which encompass repairs, technical support, and other offerings as mentioned in the Service Authorization & Estimate and governed by this Agreement. In particular cases, You:

Agree to the inspection and repair of the Device.
Allow Us to make necessary modifications to Your Device for service provision, acknowledging that these changes might be permanent and non-reversible.

5. Scope of the Services

The Services comprise the repair of Your Device and possibly technical support to enhance Your Device usage. We may use original or non-original parts that are new, rebuilt, or refurbished during the repair process. These Services are separate from any manufacturer's warranty, and You recognize that availing these Services might void any existing manufacturer's warranty.

6. Availability of the Services

Services are accessible for all eligible Devices within the operating hours of the stores and/or service centers in the System. Representatives seeking Services on behalf of a company might be required to provide identification and specify their relationship with the company. We reserve the right to refuse or cancel Services based on various factors including logistical feasibility for Our service technicians.

7. Eligibility for Services

The range of devices eligible for Services encompasses but is not restricted to cellular phones, laptops, tablets, gaming devices, televisions, and printers, as determined solely by Us. To initiate the Services, the following conditions must be met:

Visual and Physical Inspection: The device intended for service must undergo a comprehensive visual and physical inspection.
Confirmation of Eligibility: The device must be confirmed as eligible, accessible, and serviceable as per Our criteria, determined at Our sole discretion.
Modification Check: The device should not have undergone any modifications that render it ineligible or unsafe for servicing.

8. Back Up

You hold the sole responsibility for the safeguarding of any data or software housed on Your Device. This includes creating backups, deleting sensitive information, and securing your data against unauthorized access. We bear no responsibility for the loss, change, or corruption of any hardware, software, data, or files. If We ascertain that adequate backup measures haven't been instituted by You, We reserve the right to refuse the provision of Services, regardless of the reasons behind any data loss or damage. Furthermore, You are tasked with the restoration and reconstruction of any lost or altered files, data, or programs. We do not guarantee confidentiality of data on Your Device, disclaiming any form of agreement or obligation to maintain confidentiality.

9. Abandonment

We will notify You once the Services are completed and Your Device is ready for collection. However, if You fail to retrieve Your Device or arrange for its return within sixty (60) days (or a legally mandated longer duration) post the completion of Services, despite Our attempts to contact You, Your Device will be considered abandoned and will subsequently become Our property, in accordance with the relevant legal provisions. In such cases, We retain the right to dispose of or use the abandoned device as deemed appropriate.

10. DEVICE REPLACEMENT

In accordance with this Agreement regarding your obligation to back up your data, we shall, as necessitated by applicable law, ensure the safety of your device while it is under our service care. In the unlikely occurrence that your device is lost, stolen, or damaged during the service time, our sole discretion will guide whether to repair or replace your device with a similar one. The replacement unit might be new or refurbished, depending on our choice.

11. LIMITED WARRANTY

Repairs undertaken, components utilized during services, and any replacement devices issued in line with this Agreement are warranted for a one-year period following the service completion date (referred to as the “Limited Warranty”), complying with the terms and exclusions outlined below.

A. EXCLUSIONS FROM LIMITED WARRANTY

This Limited Warranty is not applicable for services or repairs on devices that have encountered exposure to moisture or liquids exceeding the manufacturer's specified usage, or damages resulting from misuse, external factors, Acts of God, regular wear and tear that does not affect the original manufacturer's intended use, battery leakage, or subsequent damages. Additionally, this Limited Warranty does not cover defects attributed to your actions, like mishandling, unauthorized alterations, or exceeding the designed operational limits, among others. This warranty is exclusively applicable to particular software services outlined herein and cannot be transferred.

B. OWNERSHIP OF REPAIRED OR REPLACED PARTS AND DEVICES

Except when prohibited by law, all devices, components, and parts that are replaced become our property. You forfeit any claims you may have to the replaced or repaired items under any existing law.

C. WARRANTY CLAIM PROCEDURE

In situations where your repaired or replaced device fails within the warranty tenure, it should be sent back to our service center for assessment. You will be responsible for any related shipping expenses. We will undertake repairs free of charge if we verify the defect, at our sole discretion.

D. NO-LEMON POLICY

For devices replaced, if three repairs have been covered under this Limited Warranty and a fourth repair becomes necessary within the warranty duration, we will replace your device with another of similar type and quality, which could be either new or refurbished as per our judgement.

12. DISCLAIMERS

This segment delineates the full extent of our obligations and your sole remedy concerning our services. Except as explicitly mentioned in this agreement, we renounce all other warranties, assertions, and guarantees as legally permitted.

13. LIMITATION OF LIABILITY

To the furthest extent allowed by law, our liability is limited. We are not accountable for any indirect, incidental, consequential, special, or exemplary damages that arise from your usage or inability to utilize our services or website. Our total liability will not exceed the higher of the service fees you paid or $100.00.

14. MODIFICATION

We hold the right to alter this agreement at any moment, with your continued usage of our services or website signifying your acceptance of these amendments. We also maintain the right to suspend or terminate your access to our services or website for reasons including, but not limited to, misuse, excessive usage, or failure to pay fees or charges.

15. SEVERABILITY AND WAIVER

If any provision of this agreement is deemed invalid or unenforceable, it should be adjusted to retain its intended meaning and objective, or removed from this agreement if alteration is unfeasible. Not enforcing any term or right of this agreement does not constitute a waiver of that term or right.

16. META-DATA COLLECTION

During diagnostic evaluations, we might collect meta-data logs to augment the efficacy of diagnostic tools and symptom analysis in the repair process. This data, potentially shared with our affiliates, is exclusively used to refine this process and will not be further disseminated without your agreement.

17. ARBITRATION AGREEMENT

Any disagreements with us must be settled through binding arbitration or in a small claims court, rather than standard jurisdiction courts. Both parties consent to individual arbitration, forgoing the rights to a jury trial or to partake in class actions or representative proceedings. This arbitration agreement, detailed in sections A to E, persists even after this agreement’s termination, and adheres to various procedures and provisions.

18. CLASS ACTION WAIVER

Consistent with Section 17A of this agreement, any claims initiated after the termination or cancellation must be lodged individually, and not as part of any class, collective, or representative proceeding. Both parties relinquish the right to initiate any class action in any forum. The arbitration clause contains more specifics regarding the conditions and procedures governing dispute resolutions.

19. Claim Limitation

Except where otherwise permitted by the pertinent law, all claims pertaining to the Services must be initiated within one (1) year from the date of the incident causing the claim. If the claim is not presented within this one-year period, it will be permanently forfeited and barred.

20. Third-Party Content

Utilizing the Services might lead to your exposure to content, websites, products, or services generated or provided by entities apart from MobileNinja ("third-party content"). MobileNinja does not scrutinize, approve, or take responsibility for any third-party content and will not be liable for your access to or use of such content. You accept that MobileNinja is not accountable for third-party content, covering aspects such as their accuracy, completeness, timeliness, legal compliance, decency, quality, etc. MobileNinja holds no liability towards you or any other party regarding third-party content. Third-party content and associated links are furnished merely as a convenience to you. Your engagement with such content is solely at your risk, adhering to the terms and conditions set by those third parties. You must recognize that this Agreement and the Privacy Policy do not govern third-party content.

21. Intellectual Property Rights

You acknowledge that all intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, associated with the Services are the exclusive property of MobileNinja. Any rights not explicitly granted to you in this Agreement remain reserved and retained by MobileNinja. In case you provide suggestions or ideas about the Services, including potential improvements or other products/services ("Ideas"), you concur that your submission is voluntary, unsolicited, and unrestricted, not imposing any fiduciary or other obligations on MobileNinja. MobileNinja reserves the right to use or disclose these Ideas without any obligation to compensate you, maintaining a non-confidential status. Furthermore, the acceptance of your submission does not restrict MobileNinja from using or exploring similar or related ideas previously known to them or developed by their employees, or acquired from sources other than you.

22. Indemnification

You commit to indemnifying, defending, and shielding MobileNinja from any claims, proceedings, losses, damages, liabilities, or expenses arising out of or in relation to the following situations:

Your use or misuse of the Services;
Any breach or suspected breach of this Agreement on your part;
Your alleged or confirmed infringement of any applicable rule, law, or regulation;
Actions of negligence or willful misconduct attributed to you;
Your alleged or confirmed violation of intellectual property or other rights belonging to third parties.

MobileNinja retains the right to undertake the exclusive defense and control of any matter for which you are obliged to provide indemnification, with such defense being at your expense. You are required to collaborate in facilitating this defense.

23. Assignment

This Agreement and the rights or licenses granted herein cannot be transferred or assigned by You. However, We reserve the right to transfer or assign them without any restrictions. Any attempts to transfer or assign this Agreement in violation of this clause will be deemed null and void.

24. Entire Agreement & Governing Law

This Agreement, alongside the documents incorporated by reference, represent the complete agreement concerning the Services, superseding any previous or simultaneous agreements. Your relationship with Us and this Agreement shall be regulated and interpreted according to the laws of the province of Québec, disregarding any conflict of law principles. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly negated.

25. Misuse

You are prohibited from misusing the Services or Website, which includes, but is not limited to:

Interference with Services or Website: Disrupting or interfering with the Services or Website or any associated hardware, software, systems, or networks.
Harassment or Threats: Stalking, harassing, threatening, or violating the privacy rights of others.
Unauthorized Use: Utilizing the Services or Website on a device without proper authorization.
Network Tampering: Making unauthorized connections to any network, including but not limited to wireless carrier networks.
Distribution of Malicious Code: Disseminating viruses or other harmful code that compromises the functionality of the Services, Website, or any computer software or hardware.
Circumventing Security Measures: Removing, disabling, or circumventing security features protecting the Services or Website.
Automated Access: Using robots, spiders, or other automatic devices or processes to access the Services or Website.

26. Services Exclusions

The technical support Services possess certain restrictions and exclusions, encompassing:

Third-party Software Assistance: Help with third-party software or services unrelated to Your Device.
Installation of Unsupported Software: Installing third-party software or OEM drivers unsupported by Your Device.
Network Coverage Issues: Assistance with network connectivity issues like dropped calls or data interruptions.
Software Updates: Over-the-air updates to operating systems, firmware, or specific software.
Unrelated Diagnostic Support: Providing diagnostic support unrelated to Your Device.
OEM Software Modification: Modifying Original Equipment Manufacturer (OEM) software.
Hardware Setup and Repair: Involvement in hardware and equipment setup and repair.
Non-sanctioned Applications: Installing applications not sanctioned by the appropriate authorities.
Enterprise Level Assistance: Offering help with enterprise-level software or industry-specific hardware/equipment.

27. Commercially Reasonable Efforts & Technical Problems

We pledge to employ commercially reasonable efforts to offer You the Services and Website. If, despite our efforts, we cannot solve the issue with Your Device, We retain the right, at Our sole discretion, to refrain from further attempts to address the issue. Due to limited information from vendors, manufacturers, and developers, there may be instances where we cannot access the necessary information to resolve the issue. Occasionally, technical problems encountered may be due to unresolved software or hardware glitches by the vendors, manufacturers, or developers, in which case resolving your particular issue might be impossible. Nonetheless, You are still obligated to settle any fees or charges associated with the Services.

MobileNinja, a company based in Sherbrooke, Québec, is the sole owner of its respective trademarks and logos. All rights reserved. Any other trademarks mentioned are the property of their respective owners. The appearance of such trademarks does not indicate an affiliation, sponsorship, or endorsement by or with the respective owners of other trademarks, service marks, and/or product brands present on the website.

LEGAL & PRIVACY

REPAIR TERMS & CONDITIONS

PRIVACY POLICY

Should you have any inquiries regarding data protection or seek information about your personal data, we urge you to reach out to us primarily via our website to expedite our response.

Address: 1306 Rue King O, Sherbrooke, QC J1J 2B6
Email: info@mobileninja.ca
Phone: (819) 588-4652

1. Data We Collect

We potentially collect the following personal details:

Last name
First name
Address
Postal code
Email address
Telephone/fax number
Credit Card Number

2. Forms and Collection Methods

We gather your personal data through the following means:

Contact form
Postal shipment request form
Used electronic device recycling form
Proof of purchase (online shop)

The collected information is utilized for the following reasons:

Order tracking
Service requests
Client file follow-up
Purchase/sale transaction
Communications and responses to received information requests

3. How We Protect Your Data

Security Measures: We are committed to ensuring a secure environment for our clients by continually crafting and deploying administrative, technical, and physical safeguards to shield your data from unauthorized access, loss, misuse, or modification.

Data Retention: Your data is retained for the duration your account is active or as needed to deliver the requested services. For instance, we systematically remove data from inactive accounts and frequently review and discard redundant data.

Please be informed that in case you request the deletion of your personal data, we may retain it for a period deemed necessary for legitimate business operations, including legal compliance, dispute resolution, and contract enforcement.

4. Period of Retention of Personal Information

The designated entity responsible for personal data processing will preserve the accumulated personal information within the secure confines of the site's computer systems for a maximum span of 5 years.

5. Acceptance of the Privacy Policy

By navigating through the site, you affirm that you have comprehended and accepted the stipulations outlined in this privacy policy. This particularly pertains to the gathering and handling of your personal data, in addition to the deployment of cookies.

6. Legislation

We adhere rigorously to the legislative prerequisites detailed in:

The Act respecting the protection of personal information in the private sector, RLRQ c P-39.1, and/or
The Personal Information Protection and Electronic Documents Act, LC 2000, c 5.