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.
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.
1.2 The Programme is operated and managed by CES; and
1.3 You are participating in the Programme on a voluntary basis.
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.
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.
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.
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.
20. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-Up Tools FAQ page cannot answer, please contact firstname.lastname@example.org