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VIRGIN MOBILE TRADE-IN CERTIFICATE PROGRAM TERMS

IMPORTANT: THIS TRANSACTION IS FINAL. BEFORE YOU SURRENDER YOUR DEVICE TO VIRGIN MOBILE CANADA (“VIRGIN MOBILE”), YOU ARE RESPONSIBLE FOR TERMINATING ANY AND ALL SERVICES THAT YOU SUBSCRIBE TO FOR SUCH DEVICE AND FOR ENSURING ALL STORED DATA AND PERSONAL INFORMATION IS DELETED. ONCE YOU SURRENDER THE DEVICE, IT CANNOT BE RETURNED TO YOU AND ANY INFORMATION STORED ON THE DEVICE MAY BE ACCESSIBLE TO OTHERS.

  1. General.  Virgin Mobile provides an in-store service (the “Program”) at participating Virgin Mobile stores for consumers to trade in eligible mobile phones designated by Virgin Mobile in its sole discretion (“Eligible Devices” and each, an “Eligible Device”) in exchange for an in-store certificate (“Certificate”) immediately redeemable on a one-time basis at the participating location as payment for hardware and/or accessories. By participating in the Program and surrendering your Eligible Device, you agree to the terms contained herein (“Terms”).
  2. Eligibility. In order to participate in the Program, you must be the age of majority in your province of residence and the owner of the Eligible Device(s) that you wish to transfer to Virgin Mobile. Not all devices are eligible for the Program and Virgin Mobile will only accept Eligible Devices subject to these Terms. Eligible Devices are identified on the Program webpage located at virginmobile.ca/tradein.   
  3. Your Ownership of the Eligible Device(s).  You represent and warrant that you own all right, title and interest in the Eligible Device(s) that you transfer to Virgin Mobile as part of the Program and that the Eligible Device(s) is not counterfeit or stolen and is free of any liens or encumbrances. Any Eligible Device(s) that is found to have been fraudulently transferred to Virgin Mobile may be turned over to the appropriate law enforcement agencies without notice or compensation to you. Title to the surrendered Eligible Device(s) transfers to Virgin Mobile once you have been granted the Certificate in exchange for the Eligible Device(s) and Virgin Mobile will not return a surrendered Eligible Device thereafter.
  4. Eligible Device Valuation and Certificate. You can obtain an estimate of the value of your Eligible Device online at virginmobile.ca/tradein.  When you bring the Eligible Device into a participating Virgin Mobile retail store, the condition of the Eligible Device will be assessed in accordance with Virgin Mobile’s sole discretion in order to confirm the estimated value of the Eligible Device. The estimated value and final assessed value of the Eligible Device may differ depending on its condition. If you accept the assessed value of the Eligible Device and agree to transfer ownership of the Eligible Device to Virgin Mobile in accordance with these Terms, you will be granted a Certificate in the amount of the assessed value of the Eligible Device. The Certificate must be immediately redeemed by you in the participating Virgin Mobile store for hardware or accessories as part of the  promotional transaction when you surrender the Eligible Device. The Certificate  (i) can only be applied against the purchase price of a device and/or accessories, (ii) is non-transferable, (iii) is not a coupon or voucher, (iv) has no cash value, (v) is not redeemable for cash, and (vi) shall become void if not immediately redeemed upon its granting. If, within the return period specified in the Virgin Mobile Terms and Conditions, you subsequently return or exchange the hardware and/or accessories which you had obtained by using the Certificate, you will not be refunded the value of the Certificate but you may apply such value against the purchase of new hardware or accessories, provided such purchase is made on the same day as the return, and at the same location, of the original purchase.
  5. Your Responsibilities. You are solely responsible for terminating any services that you subscribe to for each Eligible Device you transfer to Virgin Mobile through the Program.  Virgin Mobile will not provide you with credit for any unused services or compensate you for any charges billed to you by your service provider after your Eligible Device is transferred to Virgin Mobile and you remain responsible for payment of same. Virgin Mobile is not responsible for the loss, safekeeping or maintenance in confidence of any data or personal information remaining on your Eligible Device once it is transferred to Virgin Mobile and you understand that such information may be accessible to third-parties if you do not delete  it. If you are unsure of how to clean your device of all data or personal information, consult your product information manual.
  6. Final Transaction. You understand and agree that this transaction is final and that by participating in the Program, ownership of your Eligible Device is transferred irrevocably to Virgin Mobile. Your Eligible Device will not be returned to you and you must use  the Certificate immediately in store, as part of this promotional  transaction.
  7. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIRGIN MOBILE IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR PARTICIPATION IN THE PROGRAM,  INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PROGRAM WEBPAGE (virginmobile.ca/tradein). The foregoing limitation shall apply regardless of the cause of action, whether in contract, tort or any claim whatsoever even if Virgin Mobile has been advised of the possibility of such damages.  Notwithstanding the foregoing, in no event shall Virgin Mobile’s total liability to you for any losses, damages and causes of action exceed the actual value of the Certificate for the Eligible Device, as determined by Virgin Mobile at a participating retail store location.
  8. General. These Terms apply to and form part of the agreement (the “Trade-In Agreement”) governing your transfer of your Eligible Device in exchange for the Certificate, as further described herein. The Trade-In Agreement and the Terms are governed by the laws of the province in which you reside (as evidenced by the billing address in our records) and the federal laws of Canada applicable therein. These Terms are subject to amendment, modification or termination if required by such laws or regulation. If any provision in these Terms is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified without affecting the validity of the other provisions. The Trade-In Agreement is the entire agreement pertaining to the Program, and in the event of any conflict among or between these Terms and any other documentation made available to you in connection with Program, these Terms shall prevail. 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.   

 
By entering into the Trade-In Agreement, you acknowledge and agree that you have read, understood, agree to and are bound by these Terms.