General Terms of Service

Phone Fact General Service Terms

This agreement, hereinafter referred to as the "Agreement," is entered into between you and My Phone Repairs Inc, operating under the trade name Phone Fact (“Phone Fact”). The Agreement delineates the terms and conditions, herein termed as the “General Service Terms”, governing your utilization of Phone Fact's products and services, including repairs to smartphones and other electronics (“Device”), warranties, guarantees, and transactions involving new and certified pre-owned Devices or accessories (jointly known as the “Products and Services”).

The Agreement, inclusive of the Website Service Terms, Phone Fact’s Privacy Policy, and Phone Fact's Refund Policy, constitutes the legally binding understanding between you and Phone Fact pertaining to the Products and Services.

By engaging with the Products and Services, you expressly agree to adhere to the terms set forth in this Agreement. IF YOU DO NOT WITH THESE SERVICE TERMS, YOUR USE OF THE PRODUCTS AND SERVICES IS EXPRESSLY PROHIBITED.

Phone Fact reserves the right to modify any provision of this Agreement, encompassing rates and additional charges, at any time, subject to a 30-day notice. Notification of such amendments will be communicated to you through postings on www.phonefact.ca (the “Website”). Continued use of the Products and Services subsequent to any amendment shall be construed as your acceptance of the revised Agreement. Furthermore, such continued use signifies your waiver of any additional notice requirements and your concurrence to pay for the Products and Services in alignment with the amended Agreement.

• Phone Fact will provide an estimated price to repair your Device based on initial information available at the time of receiving it. Once you accept the estimate, Phone Fact will proceed with the repair. If the actual cost of repairing your Device turns out to be higher than what was communicated to you, we will contact you to request your consent and will only proceed further upon receiving your acceptance of the revised price.
• All quotes provided are only valid for 24 hours, after that a new quote may be provided as prices can fluctuate.
• Prices displayed on www.phonefact.ca are indicative only and are subject to confirmation. Phone Fact does not guarantee that prices on its website are accurate. We may cancel or reject an order placed through www.phonefact.ca because of pricing errors, unavailability in stock or any other reason. Phone Fact is under no obligation to fulfill any canceled or rejected orders.
• All prices and quotes are exclusive of applicable tax.
• Phone Fact will provide you with an estimated time to repair your Device and will contact you once the repair is completed. It is important to note that the provided time is only indicative and does not form an obligation under these Service Terms.

• Repairs provided by Phone Fact have a limited warranty of 2 years for parts and labor. Devices that have been repaired for liquid damage do not qualify for the limited warranty since the basic act of opening a device that has been exposed to liquid may lead to further deterioration that is out of Phone Fact's control.
  
• Certified pre-owned phones purchased from Phone Fact have a limited 1 year warranty. This warranty covers the Device hardware only, and does not cover accessories and software.
• Under the limited guarantee and limited warranty, Phone Fact will repair your Device at no additional cost to you. In case Phone Fact deems that your certified pre-owned Device purchased from Phone Fact cannot be repaired, Phone Fact may replace the Device with a similar one. 
• These limited guarantees and warranties do not cover the following cases:
• Cracks, breaks, scratches or other physical damage resulting from the Device being exposed to a shock or rough handling
• Your device has been exposed to water, moisture, or any other liquids
• Excessive wear and tear due to rough handling
• The fault was caused by short circuiting the charging port, the battery, or other components
• Exposure to extreme temperatures or environmental conditions, excessive dust conditions or other forces of nature
• The fault was caused by inappropriate use of the Device, use of the Device in ways that it was not intended to be used, or due to the Device being connected to faulty accessories.
• The defect was caused by unauthorized opening or repair of the Device
• The Device IMEI, serial number, water exposure indicator, or warranty seal has been removed, erased, altered, tampered with, or has become illegible
• your Device develops a fault that is unrelated to the repair performed by Phone Fact for guarantee claims related to repairs performed by Phone Fact
• The fault was caused by factors beyond the reasonable control of Phone Fact
• Phone Fact does not provide any guarantee against the loss of data and will not accept any liability for loss of data. It is your responsibility to back-up your data regularly to prevent loss of data.
• More on liquid damage: Devices that have been damaged due to liquids may continue to deteriorate even after a repair has been performed. Repairs are not guaranteed to be successful and a Device may not work again. Unknown issues can arise at any time and may lead to issues affecting some or all of the functionalities of the Device which can render it irreparable in some cases. Phone Fact does not take any responsibility of the progression of damage.

DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTY AND GUARANTEE STATED ABOVE SET OUT THE FULL EXTENT OF PHONE FACT’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY PHONE FACT IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND SERVICES, AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. PHONE FACT HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, PHONE FACT MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHONE FACT SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE PRODUCTS AND SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PRODUCTS AND SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

• Phone Fact offers a 14-day money back guarantee on certified pre-owned Devices and accessories purchased from us. The modalities of Returns and Exchanges are detailed in our Refund Policy
• It is your responsibility to back-up and remove your personal data from any returned items. Phone Fact is not responsible for any unauthorized use of any data left on returned items.

• Your use of Phone Fact Products and Services is at your sole risk. Phone Fact does not provide any warranty that any of its products are fit for any intended use, regardless whether you communicated that use to Phone Fact or not.
• Descriptions of Products and Services are not guaranteed to be complete or free of errors, and if you find that your purchase is not as described, your only recourse is to return it to Phone Fact in accordance with our return policy. 
• Abandonment: Once the repair of your Device is completed, Phone Fact will notify you using the contact information that you provided. Devices that are not collected after 60 days from the first notification will be considered as abandoned and may be disposed of at Phone Fact’s sole discretion.
• Ownership of Replaced Parts and Devices: Unless otherwise required by law, all replaced Devices, parts, components, boards and equipment will become the property of Phone Fact, and you waive all rights you may have under provincial or other laws to the replaced Device or repaired or replaced parts.

THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL PHONE FACT, ITS DIRECTORS, OR ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $50.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AND PHONE FACT AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND PHONE FACT AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN REPRESENTATIVE PROCEEDINGS.

This Agreement is governed by the federal laws of Canada and applicable provincial laws and regulations. If any clause or part of this Agreement is unenforceable, the rest of the Agreement shall still apply.