Terms of Use

This website at http://www.fixt.ca (the “Site”) is provided by Fixt Wireless Inc. (“Fixt”, “we” or “us”)subject to these Term of Use.
By using this Site, you agree to the following Terms of Use, as amended from time to time. If you do not agree, do not use the Site. These Terms of Use should be read in conjunction with our Privacy Policy, which is incorporated herein by reference.

This Site is intended for residents of Canada over the age of majority in the province or territory in which you reside. Any attempt to obtain unauthorized access to any portions of this Site that you are not authorized by us to access, or to directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it is hosted, the networks connected to them, or any other user’s use of the Site is strictly prohibited. Violations of system or network security ay result in civil or criminal liability.
You agree that you will not:

  • Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.
  • Use this Site for any purpose in violation of local, provincial, national or international laws.
  • Use this Site as a means to distribute advertising or other unsolicited material to any third party.
  • Use this Site to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
  • Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Site.
  • If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offence.

Cookies

We use cookies and pixel tags to track Site users. Cookies are pieces of information stored on a user’s computer by a Site so preferences are remembered on future requests. Pixel tags (also known as Web Bugs, Web Beacons, Clear Gifts, Invisible Gifts, and Tracker Gifts) are signals sent from certain Sites or e-mails used to pass certain information to our servers to personalize our web Sites and to track your usage. We do not save personal information on cookies or through use of pixel tags without your permission. Rather, cookies and pixel tags are used to optimize the performance and functionality of the Site, and to personalize the Site for you and present you with content and offers specific to your interests.

If you are uncomfortable with the idea of your information being stored in cookies, we recommend disabling cookie support in your browser. However, please note that this may limit the Site’s performance functionality.

Copyright/trademark notice

All Site design, text, layout, graphics and the selection and arrangement thereof is owned by us and/or our affiliates, or licensed to us, and all rights are reserved. You are authorized to view, download and print portions of the Site solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright or proprietary notices from the materials. Any other use of materials on this Site, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without our prior written permission, is strictly prohibited.

You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from this Site.

All of our trademarks are protected by Canadian law. Unauthorized use of our trademarks is strictly prohibited. All other trademark, service marks, company names or company logos, as used or referenced in the Site, are the property of their respective owners.

Idea submission statement

Any ideas, proposals, and/or other information submitted or collected on this Site shall be considered non-confidential. By submitting information to this Site, or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and we may disclose or use any submission for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.

In the event that you have reviewed our products or services, we value your opinion and appreciate the time you have taken to do so. However, we have the right to remove any comments deemed inappropriate, that include obscene or distasteful material, promotional content such as advertisements, personal information such as phone numbers or addresses, or off-topic information that does not relate to the service you received from one of our Fixt locations.

Accounts

You may have the opportunity to create an account on the Site. If you do, you are solely responsible for all conduct under that account on this Site. You must take all necessary steps to ensure that no one other than you uses your account, and keep your username and password and confidential. If you have any reason to believe that your account has been used by any other person, notify us immediately.

Errors and limitation of liability

This Site is provided on an “as is” and “as available” basis without any warranty or conditions or any kind, either express or implied, as to the operation of the Site or the information included on it. We endeavor to display all information correctly, but occasionally the posted information may not be accurate. Product, service and other information provided are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Site meet your specific requirements. UNDER NO CIRCUMSTANCES WILL FIXT, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR ANY OTHER PERSON, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THIS WEBSITE OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS WEBSITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS WEBSITE, AND ANY LINKS PROVIDED ON THIS WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIXT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Third party sites

The Site may, from time to time, contain links to or reference third party sites, resources and advertisers (collectively, “Third Party Sites”). Linking to such Third Party Sites is at your own risk. We are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are not responsible for the availability of these Third Party Sites, and are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Site.

Linking to the Site

You may link to the Site as long as you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in any way which suggests an association or endorsement where one does not exist.

Indemnity

You agree to indemnify, defend and hold harmless Fixt and its affiliated companies and each of their respective their officers, directors, employees, agents, licensors, and producers from and against all losses, claim or demand, including reasonable legal fees, made resulting from content you submit or transmit through the Site, your use of the Site, your violation of these Terms of Use, or your violation of any rights of another.

General

If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of the Terms of Use shall remain in full force and effect. Our delay or failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

The parties declare that it is their express wish that theses terms and all related documents be drawn up in English. Les parties aux présentes déclarent que les présentes modalitiés, ainsi que tous les documents qui s’y rattachent, sont réedigés en anglais selon leur volonté expresse.

Return, exchange and product warranty policy

SERVICES: We offer a limited lifetime warranty that our repair of the device (including parts and labour) is free of defects and is fit for its intended use. This warranty: (i) includes the repaired part(s) only, and does not include further accidental damage to the repaired part(s); (ii) is applicable to the original owner only, and is not transferrable; (iii) applies only to normal use of the device for its intended purpose and in accordance with its usage instructions; and (iv) does not apply to improper care, normal wear and tear, or negligence, or if the device has been altered or repaired in any way by a party other than us. Should the repair contain a material defect, we will exchange, repair or replace the device and/or part(s) (at our option).

ACCESSORIES: If for any reason you are not entirely satisfied with your purchase of accessories, please return the item within 14 days of purchase for an exchange or refund of your unused item(s). The receipt and original packaging for the item are required for all exchanges or refunds. Any refunds will be issued in the original form of payment. For hygienic reasons, sales of earbuds and screen covers are final.

DEVICES: If for any reason you are not entirely satisfied with your purchase of a refurbished phone, please return the item in its packaging with the sales receipt within 7 days of purchase for exchange or store credit only. Device must be in the same condition in which it was purchased. Refurbished phones may be subject to a limited warranty on materials and workmanship. See warranty terms and conditions for details. ALL SALES OF NEW, UNLOCKED PHONES ARE FINAL. No exchanges or refunds will be accepted. Your new device may be subject to any warranty offered by the manufacturer.

IMPORTANT NOTE ABOUT MANUFACTURER’S WARRANTY: Use of our repair services may void your manufacturer warranty. Please review any information provided by the device manufacturer prior to submitting the device for repair. Nothing herein limits any applicable statutory warranties.

Refurbished Device 90 Day Limited Warranty

This Limited Warranty shall apply to refurbished phones (the “Product”) sold by Fixt Wireless Inc. (“Fixt”). Fixt warrants that, at the time of its original purchase and for 90 days thereafter (“Warranty Period”), the Product shall be free of defects in materials and workmanship, subject to the following terms.

This Limited Warranty is given only to the original purchaser of the Product (“Customer”), and may not be sold-on, assigned, transferred or given to any subsequent purchaser or acquirer of the Product.

In the event of Product failure during the Warranty Period, the Customer may take the Product and original PROOF OF PURCHASE to any Fixt location. Fixt will repair or replace such defective Product, subject to the following conditions:

      1. This Limited Warranty applies only to the hardware components of the Product as originally supplied and does not apply to any software or other equipment. This Limited Warranty does not cover physical damage to the surface of the Product including but not limited to cracks or scratches on the LCD screen or camera lens.
      2. Repair or replacement may involve the use of functionally equivalent reconditioned unit. Fixt will return the repaired Product or replaced with another functional equivalent Product to the Customer in good working condition. All replaced faulty parts or components will become the property of Fixt.
      3. If Fixt repairs or replaces the Product, the repaired or replaced Product shall continue to be warranted for the remaining time of the original Warranty Period.

To the Full Extent Permitted by law, This Limited Warranty Shall not Apply If:

      1. the Product serial number, the accessory date code the IMEI number, water indicator or the warranty seal has been removed, erased, defaced, altered or is illegible;
      2. the defect was caused by deterioration of the Product due to excessive wear and tear;
      3. the defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Fixt (including but not limited to deficiencies in consumable parts including but not limited to buttons) unless the defect was caused directly by defects in materials or workmanship;
      4. the defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
      5. the defect was caused by a defective function of the cellular network or other system;
      6. the Product software needs to be upgraded due to changes in cellular network parameters; or
      7. the defect was caused by the fact that the Product was used with or connected to a faulty accessory not approved or provided by Fixt or used in other than its intended use and where it can be shown by Fixt that such defect is not the fault of the Product itself.

TO THE FULLEST EXTENT PERMITTED BY LAW, FIXT SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS, TO THE FULLEST EXTENT THAT THOSE LOSSES OR DAMAGES CAN BE DISCLAIMED BY LAW. FIXT AND ITS SUPPLIERS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE HARDWARE.

FOR COMMERCIAL CUSTOMERS: OTHER THAN THE LIMITED WARRANTY STATED ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, FIXT DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

FOR CONSUMERS: THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM PROVINCE TO PROVINCE OR JURISDICTION TO JURISDICTION. IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE, THEN THIS LIMITED WARRANTY SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WAS NOT CONTAINED THEREIN. This Limited Warranty does not exclude nor limit any statutory rights of the Customer.

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