CES Terms of Use (“Terms of Use”) for Participation in Trade-In Trade-Up Programme ("Programme")
1. INTENDED AUDIENCE USE: Clover Environmental Solutions Ltd ("CES") is the trade-in vendor for HTC Corporation’s (“HTC Corporation”) mobile communications products and provides this Trade-in Trade-up Tool ("Tool") site to you ("Consumer", "you" or "your"), subject to these Terms of Use.
CES’ registered address is Units 8 and 9 First Quarter, Blenhiem Road, Epsom Surrey, KT19 9QN, U.K. HTC Corporation’s registered address is No. 23 Xinghua Rd., Taoyuan Dist., Taoyuan City 330, Taiwan.
The purpose of this Programme is to provide you with the Tool to evaluate the Trade-Up Value (as defined herein) of your used mobile phone. CES may update the Terms of Use from time to time without notice to you.
This Tool (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of your participation. The Site is owned, controlled and operated in whole or in part by CES from its offices within the United Kingdom. You acknowledge that CES reserves the right in its sole discretion to refuse or terminate access to the Tool by you at any time.
1.1 Eligibility. These Terms of Use are solely between CES and you as an end-user of a HTC Corporation phone. You acknowledge and agree that you will comply with these Terms of Use. By using the Tool or participating in the Programme, you acknowledge, and accept that 1) HTC Corporation and/or any of its affiliates or promotional partners shall not have any legal, equitable or other liability of any kind to you under the Programme;
1.2 The Programme is operated and managed by CES; and
1.3 You are participating in the Programme on a voluntary basis.
2. ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.K. export and re-export control laws and regulations regarding the transmission of technical data exported from the United Kingdom. By your continued use of this Tool, you agree to each of the terms and conditions set forth and/or linked below. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you should not participate in the Programme and you will be prohibited from using the Tool.
3. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool, the Site and your participation in the Programme offered and maintained by CES.
4. ENTIRE AGREEMENT, SEVERABILITY, APPLICABLE LAW AND LIMITATION OF ACTIONS: The Terms of Use constitute the entire agreement between you and CES and govern your use of the Tool, superseding any prior agreements (if any) between you and CES relating to your use of this Tool. If any provision of these web Tool Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of CES to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Tool you agree that the statutes and laws of England and Wales, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the exclusive jurisdiction of the courts in England and Wales. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tool, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The clause titles in the Terms of Service are for convenience only and have no legal or contractual effect.
5. LIMITATION OF LIABILITY: The Programme is offered, managed and supported solely by CES. Any and all transactions processed on this Site are exclusively the responsibility of CES and the Consumer. CES will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if CES had been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of CES to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this Tool, its content or links, shall not exceed the amount you paid to access this Tool.
6. RESTRICTIONS ON USE OF CONTENT: © Copyright 2014 CES All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by CES that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to CES' Rights in individual elements of the Content, CES, or its licensors, own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for the purposes of using the Tool and related services found on the Site. This permission terminates automatically if you breach any of the web site Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with CES, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software that may be included as part of the Content to a perceivable form. CES does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without CES's prior express written consent.
7. ELIGIBILITY TO PARTICIPATE IN PROGRAMME:
7.1 Prohibited Conduct. If you choose to participate in this Programme, or a promotion or other CES sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programme’s designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in CES' sole discretion, will result in your immediate disqualification from participating in the Web Site Activity, and may result in additional legal actions being taken by CES.
7.2 Programme Requirements. In order to participate in the Programme, you must have an eligible used phone as defined by the on-line Tool. The retail associate will identify if the used phone is eligible. The Programme is only valid within the United Kingdom. You must be a minimum of 18 years of age to participate. The Programme is not valid on stolen property. You must be an authorized user of HTC Corporation’s products to participate in the Programme. The Site is for the exclusive use of HTC Corporation’s consumers and is strictly prohibited for use by corporate accounts. There is a maximum of five (5) trade-ins utilizing OEM promotions per month per customer. A valid proof of purchase is a) an original invoice with the IMEI number printed on it or b) a copy of the UPC code with the IMEI code printed on it. A copy of a UPC code is only permitted once as a valid proof of purchases. CES has the right to reject any trade-ins for promotional trade-in submissions where 1) the used phone is submitted by anyone other than the user of the used phone and 2) when the used phone was not active at the time of the new phone purchase and 3) the trade-in voucher was not signed by you and 4) there is an invalid proof of purchase or 5) we believe there to be fraudulent intentions. Without a valid proof of purchase, you will not be paid the promotional trade-up amount.
8. HOW IT WORKS: The Tool will reflect the value of a used phone based upon the manufacturer, model and condition of the phone ("Trade-Up Value"). The Tool will generate a receipt that includes an acknowledgment by the you that, among other things: (1) you understand you are selling the phone in consideration for the Trade-Up Value; (2) by accepting such Trade-Up Value, you are giving up full ownership rights to the phone; (3) you understand the phone will not be eligible for return; (4) you are responsible for removal of all personal information before relinquishment of the phone; (5) you have been advised of any return policy regarding the purchase of a new phone or accessory with the coupon; and (6) you are responsible for deactivating the used phone and ensuring you retire any outstanding balance. In addition, you must accept any other terms and conditions presented that may include specific provisions or eligibility to a particular promotion. Used phones received after 30 days following the initial quote date or after the promotional postmark date will be rejected or re-priced at the current market price solely at the discretion of CES. Failure to accept the terms and conditions, shall impact your eligibility to participate in this Programme.
9. DEACTIVATION OF SERVICE: CES or its vendors are not responsible for previous or subsequent airtime charges accrued to your phone prior to or following participation in the Programme. Should any airtime charges occur, it is your responsibility to resolve any payments issues.
10. VALID ESN OR IMEI NUMBERS: All used phones must have a valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).
11. CONDITION OF TRADE-UP PRODUCT: To receive your full redemption value, you must accurately state the condition of the used phone and have all required documentation. An inspection will be performed by CES upon receipt of your used phone. The used phone must power up, and be fully functional, with no mechanical damage and no missing parts. In order to receive your credit, CES must first receive your used phone and the printed redemption form supplied by the tool upon acceptance, which form has been signed by you. If the used phone's condition differs materially from that which you described, CES reserves the right to unilaterally re-price your transaction quote based upon the current Trade-Up Value for the condition of your used phone. In the event the used phone does not meet the Trade-Up requirement, CES will make an adjusted payment based upon the current price list for the model and condition of the used phone.
12. RIGHT, TITLE AND INTEREST IN THE USED PHONE: You must verify that you own the right, title, and interest in the used phone Traded-Up Programme and that the phone is not reported lost or stolen.
13. RETURN OF USED PHONE OR CONTENT THEREIN: Once you trade-in the used phone, CES or its vendors will not be able to return the used phone or any of its contents including accessories or data contained in the used phone. All transactions are final and non-returnable. There will be no substitutes or replacements provided.
14. PAYMENT: Trade-in phone eligibility and in-store credits will be performed and provided as a discount against a qualified new phone purchase at participating and authorized HTC Corporation retailers.
15. PREPARING THE USED PHONE FOR TRADE-UP: To receive your redemption value, you must include the requested documentation including the system generated trade-in voucher, Proof of purchase and ship in the used phone you wish to recycle to CES. Proof of purchases may be copied only once from an original document. CES or its vendors are not responsible for items that are lost or stolen in transit. CES has the right to deny any trade-in claim without a valid proof of purchase.
16. REMOVAL OF PERSONAL DATA FROM THE USED PHONE: You are required to remove all personal or confidential information from your phone yourself. For information on how to remove personal data, please see the FAQ 'How do I remove data from my old Wireless Phone?' available here. However, if you do not remove any personal data from your mobile phone, CES will remove any personal data from your used phone, but shall not be liable for any loss or risk in transit.
17. ACCURACY AND REVISIONS: CES may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that CES. shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. CES may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.
18. TERMINATION: You agree that CES may in its sole discretion, terminate or restrict your use or access to this Programme (or any part thereof) and forfeit any submissions for any reason, including, without limitation, that CES believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
19. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-Up request, you will share your personal information in the form of your contact information (name, mailing address, email address and telephone number) with CES and HTC Corporation. CES will treat any Consumer information pursuant to its privacy policy and HTC Corporation will treat any Consumer information pursuant to its privacy policy. Please note that the CES privacy policy is available at http://www.ceseurope.com/privacy, and the HTC Corporation privacy policy is available at http://www.htc.com.
20. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-Up Tools FAQ page cannot answer, please contact wireless@ceseurope.com