This is an agreement between you and infinitec Canada Limited, infinitec. Professional Smartphone Repair infinitec It sets out the terms and conditions (the “Service Terms”) that apply to your use of infinitec products and services, including customer assistance, customer services provided by infinitec teams, repairs to electronic Devices, warranties and guarantees provided by infinitec, sales of your Device to infinitec and purchases of certified pre-owned Devices or accessories (collectively, the “Products and Services”). The Service Terms, together with the User Terms, and infinitec’s Privacy Commitment form the agreement between you and infinitec for the Products and Services (the “Agreement”).

 

Infinitec reserves the right to amend any term of the Agreement, including rates and additional charges, at any time by giving 30 days’ notice. Infinitec will notify you of amendments to the Agreement by posting notice of the amendment at www.infinitec.ca (the “Website”). Your continued use of the Products and Services following any amendment shall be deemed to be your acceptance of the amended Agreement, your waiver of any additional notice requirements and your agreement to pay for the Products and Services in accordance with the amended Agreement.

 

By using the Products and Services you are agreeing to the terms of the Agreement.

 

  1. Quotes and Repair Services

infinitec will make all reasonable efforts to repair your Device with utmost care and skill. Prior to any repair being provided, infinitec will provide you with a quote for an estimated cost to repair your Device based on the information provided by you. After you have accepted the quote, infinitec will proceed with the repair of your Device. If the actual cost to repair your Device is higher than the cost quoted to you, infinitec will obtain your consent before proceeding with the repair. Any time estimate given for the completion of a repair is an estimate only and does not form any obligation under these Service Terms.

 

All quotes provided for a repair exclude applicable taxes. Any quote provided is only valid for 3 days on which it is provided, as prices may fluctuate.

 

When your Device is repaired and available for collection, infinitec will notify you through your preferred contact method.

 

 

  1. Mail-In Repairs

infinitec provides a mail-in repair service. Prior to mailing in your Device, infinitec will provide you with a quote for an estimated cost to repair your Device based on the information provided by you. Infinitec will provide you with shipping instructions and a waybill from one of our national courier partners who will come and pick up your Device. For repairs that are less than $120 (one hundred and twenty dollars), shipping is extra, and will not be included in the quote provided to you. For repairs that exceeds the $120 (one hundred and twenty dollars), shipping costs are included in the price you are quoted for repair. Infinitec will collect a non-refundable deposit for any mail-in repair. This deposit will be credited towards the final cost of the repair. If you choose not to proceed with the repair for any reason, infinitec will return your Device at no cost to you. However, any deposit paid is non-refundable.

 

Infinitec uses reputable providers that provide tracking information to facilitate its mail-in repair service. Infinitec is not responsible for any loss, damage or theft that may occur during the mail-in process. You are responsible for preparing your Device to be serviced, including unlocking your Device and removing any passwords, removing your personal data and settings, and removing the SIM and/or SD card prior to shipping your Device.

 If you elect to mail-in your Device for a repair, you agree to take the necessary precautions to protect and safeguard your Device to avoid additional damage during the mail-in process. If infinitec is unable to complete a repair due to your failure to comply with the above requirements, infinitec will return your Device back to you, and you will forfeit your deposit.

 

  • On-site Repair Service

infinitec provides an on-site repair service to service repairs at your preferred location. The on-site repair service is only available in select locations. Prior to making an appointment, you must confirm that your preferred location (either a personal or business address) is in scope. Customers will make on-site repair service appointments online through the infinitec website. Same day appointments are not currently available. Infinitec will confirm your appointment within 24 hours of your appointment. If you need to cancel an appointment, you must do so within 24 hours of the appointment date, failure to due sue will result in a cancellation fee charge. Infinitec reserves the right to cancel or reschedule any appointment for reasonable cause (including, but not limited to, inclement weather).

 

Infinitec will arrive at your preferred location at the scheduled time. If you are more than 15 minutes late to your appointment, infinitec will consider your appointment cancelled, and you will be charged a cancellation fee. All on-site repair service repairs will be charged a minimum fee, regardless of whether infinitec is able to repair your Device. Further information on fees can be found at www.infinitec.ca/onsite-repair.

 

  1. Repair Services Guarantees

Unless otherwise stated, repair services provided by infinitec, for repairs not covered by an OEM warranty or under an extended warranty program, have a limited lifetime guarantee in accordance with these Service Terms.

Repairs made with Apple OEM parts will be guaranteed for a period of ninety (90) days from the date of repair.

Replacement batteries are guaranteed for 12 months from the date of installation.

Repairs made under an OEM warranty program or through an extended warranty program are NOTcovered by this guarantee.

 

If the Device develops an additional fault unrelated to the original repair, or is damaged after the repair services, this guarantee is null and void. This guarantee does not cover screen replacements that are required due to damage caused by liquid, and/or physical damage to the surface of a Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

 

  1. Claims Procedure

 

If your Device fails during the guarantee period, you may take your Device to any infinitec location for diagnostics. If the reason for your Device failure falls within the scope of this guarantee, infinitec will repair your Device at no additional cost. If your Device was initially repaired through our mail-in repair service, you may opt to mail-in your Device for diagnostics under the terms of this guarantee. Infinitec will cover the shipping fees for mail-in diagnostics if your repair was initially completed through our mail-in service.

 

  1. Limitation

 

This guarantee will not apply if any of the following conditions occur:

 

The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible.

The defect was cause by the deterioration of the Device due to excessive wear and tear.

The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of infinitec(including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;

The defect was caused by short- circuited battery, or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified.

The defect was caused by a defective function of the cellular network or other system.

The Device software needs to be upgraded due to changes in cellular network parameters; or

The defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by infinitec or used in other than its intended use and where it can be shown by infinitec that such defect is not the fault of the Device itself.

  • Transferability

This guarantee is included in the price paid as a benefit to you, and therefore is non-transferable.

 

  • Certified Pre-Owned Device Warranties

For Certified Pre-Owned Devices (“CPO Devices”) infinitec offers a 12-month limited warranty that the Device shall be free of defects in materials and workmanship, subject to the conditions below.

This warranty applies only to the hardware components of CPO Devices, and does NOT apply to any software or any accessories or peripheral equipment.

 

This warranty does NOT cover damage caused by liquid, and/or physical damage to the surface of a CPO Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

 

  1. Limitation

This warranty will not apply if any of the following conditions occur:

The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible.

The defect was cause by the deterioration of the Device due to excessive wear and tear.

The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of infinitec(including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;

The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified. The defect was caused by a defective function of the cellular network or other system. The Device software needs to be upgraded due to changes in cellular network parameters; or the defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by infinitec or used in other than its intended use and where it can be shown by infinitec that such defect is not the fault of the Device itself.

  1. Claims Procedure

 

If your Device fails during the warranty period, you may take your Device and original purchase receipt to infinitec location for diagnostics. If you purchased your Device via infinitec.ca and are not close to an infinitec location, you may opt to have your Device repaired via our mail-in repair service under the terms of this warranty. If the reason for your Device failure falls within the scope of this warranty, infinitec will repair your Device at no additional cost. If infinitec is unable to repair your Device, infinitec will replace your Device with another functional equivalent Device.

 

  1. Transferability

 

This warranty is given only to the original purchaser of the CPO Device, and is non-transferable.

 

  • General Terms

The Products and Services are provided on an “as is” and “as available” basis. Your use of any of the Products and Services is at your sole risk. To the fullest extent permitted by applicable law, unless otherwise specified in these Service Terms, infinitec disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Products and Services, including any warranty of fitness for any particular use or purpose you intend for the Products and Services, even if you have communicated such intention to infinitec.

 

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, GUARANTEES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MOBILE KLINIK SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

 

 Online Purchases

  1. Ordering Process

To make a purchase on the infinitec Website, you must be a registered account holder or check out as a guest. In either case, you must be the age of majority in the province or territory of your residence and you will need to provide infinitec with certain personal information so that your order can be processed. You are responsible to ensure the continued accuracy of this information.

 

  1. Price

All prices are listed in Canadian currency and all charges will be processed in Canadian currency. Prices which may be displayed or advertised on the Website or through any other electronic communications from infinitec are subject to confirmation, and does not include shipping fees and applicable sales tax, and are subject to change without notice at infinitec’s sole discretion. Shipping and taxes will be displayed at checkout prior to your final order submission.

 

  • Availability and Description of Products

The purchase of products on the Website is subject to availability. Infinitec reserves the right to limit the quantities of certain products which you can purchase through the Website and some items viewed on the Website may be unavailable for purchase online. Merchandise in your “shopping cart” is not reserved.

While infinitec attempts to be accurate in its product descriptions, we do not represent or warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with infinitec’s return policy.

 

  1. Cancellation or Rejection of Orders

infinitec may cancel orders and refund customers’ payment because of pricing errors, unavailability of inventory or for any other reason. In the event that infinitec rejects your order, infinitec will have no obligation to fulfill your order and you will have no obligation to pay infinitec for the order.

 

 Your Responsibilities

 Passcodes

  • infinitec requires the passcode of your Device in order to provide repair services. If you do not want to share your passcode, infinitec can proceed with diagnostics, but will be unable to perform a full functional check until you are present at a infinitec store, which may delay your repair. If you are mailing your Device in, you will be liable for any extra postage costs incurred if infinitec is unable to perform a full functional check due to infinitec’s inability to unlock your Device.

 

 Device Abandonment

  • infinitec will notify you through the contact methods you have provided when your Device has been repaired and is available for collection.

If we are unable to contact you initially, we will continue to make a reasonable effort to notify you that your Device is ready for pick up. However, infinitec is not responsible for any Devices not claimed within 60 days from the date you are first notified that the Device is ready for pick-up. After such time, infinitec may dispose of the Device in its sole discretion.

 

 Data Back-up

  • It is your responsibility to backup all data, software, and programs on your Device prior to submitting your Device for a repair. We accept no liability for loss or corruption of any and all data, information, software or programs stored on your Device.

 

  • Privacy

You agree that the infinitec Privacy Commitment, available for inspection at https://infinitec.ca/privacy/, as it may be updated from time to time (the “infinitec Privacy Commitment”), shall apply to your use of the Products and Services. You hereby consent to the collection, use and disclosure by infinitec and its agents of your personal information collected in connection with provision and/or use of the Products and Services, for the purposes identified in the infinitec Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other infinitec Affiliates, for the purpose of offering additional services or products that you may be interested in.

Infinitec also sells third party products and services. These third-party products and services are governed by their own terms, conditions and privacy policies.

In this Agreement, the term “Affiliates” refers to entities, businesses and/or divisions including but not limited to, TELUS Communications Inc. and its subsidiary companies, as they may exist from time to time, including those subsidiaries or divisions that carry on business under the names TELUS, TELUS Communications, TELUS Mobility, TELUS Québec, TELUS Retail Ltd., Koodo, and Public Mobile.

 

 Limitation of Liability

To the fullest extent permitted by applicable law, neither infinitec nor its Affiliates, nor their respective directors, officers, employees, or agents (collectively, the “infinitec Entities”) shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Products and Services (including, but not limited to: defects, malfunctions, or complete breakdowns of any Device; electrical shocks, burns, fires or explosions caused by any Device; loss of profit, loss of earnings, financial loss or loss of business opportunities), regardless of the cause of action, including negligence, and even if one or more of the infinitec Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses.

If for any reason a infinitec Entity becomes liable to you or a third party arising out of or in any way connected with the Products and Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the infinitec Entities to you or such third party is limited to the greater of $20 and the fees paid by you to infinitec for the particular Products and Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.

 

Infinitec is not responsible for any cosmetic issues that do not affect the functionality of the Device, such as scratches or scuffs that may occur during repair services.

Infinitec does not take any responsibility for any progression in damage for Devices that have been damaged by liquid. Although unlikely, opening the Device could initiate further damage and in some cases may be very serious and/or irreparable. We ask our customer to monitor their Device post liquid damage repair as unknown issues can arise soon after treatment for liquid damage which are beyond our control. If issues arise, please contact us and we can reassess the damage. In cases where further repair is needed there may be additional costs incurred.

Infinitec is not responsible for any loss of function of the Touch ID fingerprint sensor in the case of an Apple iPhone ‘Home Button’ repair.

 

 Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold infinitec, and its Affiliates, subcontractors, suppliers, vendors and licensors, and any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified parties arising in any way from the Products and Services (a “third party action”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the indemnified parties) incurred by, assessed or found against, or made by any of the indemnified parties relating to or arising from any such third party action (“third party related losses”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the indemnified parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton, or intentional misconduct of any of the indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.

 

Termination

You may terminate the Agreement at any time by notifying infinitec of the date you want the cancellation to be effective.

Infinitec may suspend the Products and Services if you contravene any provision of these Service Terms, including your obligation to pay for the Products and Services as charges become due. Infinitec may terminate the Products and Services (i) immediately and without notice, where infinitec determines that the action is necessary to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from infinitec, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you.

 

 

Arbitration

If you use the Products and Services in the operation of a business, any claim, other than the collection of amounts owing to infinitec, relating to (i) your Agreement, (ii) use of the Products or Services or any equipment used with the Products or Services; (iii) sales materials or advertising relating to the Products or Services or any equipment used with the Products or Services; or (iv) relationships with third parties arising through use of the Products or Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to infinitec, 1192 Bank Street, Ottawa, ON K1S 3Y1. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against infinitec, or its Affiliates and you agree to opt out of any class proceeding against infinitec or its Affiliates.

 

Miscellaneous

The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern the Agreement. You may not assign or transfer the Agreement without infinitec’s prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of infinitec to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon infinitec.