SELL IT9 INC. WEBSITE TERMS OF USE

LAST UPDATED: 2024-04-13

1. OVERVIEW

These Terms of Use form  a  legally binding  contract  between SELL  IT9  INC. ("we" or "us") and the people and companies (“Users” or "Sellers" or “you”) that access and use our website located at www.sellit9.com or any related website  or  mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website.

It is very important that  you  read and  fully  understand these  Terms  of  Use before using the Website.

By agreeing to these  Terms of  Use  and using  the Website, you are entering into a legally binding contract which will impact your rights.By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming  that you  have  read and  fully  understood these Terms of Use. If you do not agree to  or  understand all  of  these Terms  of  Use, then you may not access  the Website  or  use any  services  available on  the Website.

These Terms of Use should be read  in  conjunction with  the  Privacy Policy  and any other rules, guidelines, or policies posted on the Website.

2. SERVICES AVAILABLE ON THE WEBSITE

Without restriction, we generally offer the following services through the Website: "We Buy your Used Electronics. Hassle-free process, instant payments, and pickups."

As part of facilitating this service, SELL IT9 INC. may share limited information provided by the seller ("user") with the buyer to schedule and manage the pickup. This sharing is essential for the transaction and service execution. By using our services, you consent to such sharing, underlining our commitment to privacy and the responsible handling of your information in accordance with our Privacy Policy.

The services we offer are subject to change over time. By using the Website, you confirm that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

3. OWNERSHIP OF YOUR FILES

When you choose to upload documents or data (including  any  images or  text), SELL IT9 INC. does not review or pre-screen the contents of electronic  data uploaded or posted to the Website(“Content”) and SELL IT9 INC. claims no intellectual property rights with respect to the Content.

However,  by  posting, uploading, inputting or submitting any   Content whatsoever to the Website,  you are  granting  SELL IT9  INC.  an irrevocable, royalty free licence while the  Content  remains uploaded  to  the Website,  to  use the Content for  any  purpose related  to  the use  and  promotion of  its  business and the  Website,  including  the  right to copy, distribute, edit, and publicly display such content with or without attribution.

4. TERMINATION

You may cancel these Termsof Use at any time by discontinuing your use of the Website.

5. LIMITATION OF LIABILITY

Except in a case where we are in violation of these Terms of Use, we will not be heldliable for, and you hereby fully waive the right to claim for, any loss,injury, claim, liability or damagesof any kind resulting in any  way from  use  of  the Website.

Your use of the Website is at your sole risk. The Websiteis provided on an “as is” and “as  available” basis  without  any warranty  or  condition, express,  implied or statutory. We do not warrant that  your  use  of  the  Website  will  be uninterrupted, secure or error-free.

In no event will we have any  liability  to you  or  any third  party  for any  lost profits or revenuesor for any indirect,  special, incidental,  consequential,  or punitive damageshowever caused, whetherin contract, tort, or otherwise, and whether or not you or  the  third party  have  been advised  of  the possibility  of such damages. In the event the foregoing paragraph, or any part thereof,is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

6. INDEMNIFICATION

You agree to indemnify and hold harmless SELL IT9 INC., including our officers, directors, shareholders, employees and agents,  from and  against  any and  all claims and expenses, including legal fees and disbursements, which  are  made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.

7. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernamesand passwords used to access the Website are kept secure and confidential.

You must immediately notify us of  any  unauthorized  use  of  your account, including the  unauthorized  use  of  your password, or any other breach of security.

We will investigate any breach of security  on  the Website  that  we determine  in our sole discretion to  be  serious in  nature,  but we  will  not be  held  responsible or liable in any manner for breaches of  security  or any  unauthorized  access to your account however arising.

8. WARRANTIES AND REPRESENTATIONS

We hereby disclaim all warranties of any kind, whether express, implied,  or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.

9. COMPLIANCE WITH LAWS

You represent and warrant that: 

i. You have the authority to bind yourself to these Terms of Use;

ii. Your use of the Website will be solely for purposes that are permitted by theseTerms of Use;

iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and

iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.

You must only use theWebsite for your own lawful purposes, in accordance with these Terms of Use and any  notice, policy  or  condition posted  on  the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you  must  ensure that  you  are authorized  to  do so  and that all persons for whom or to whom services  are provided  comply  with and accept all these Terms of Use.

10. AGE RESTRICTIONS

Users under the age of 18are permitted to access and use the Website, but are prohibited from submitting any personal information  or other  information  that may be used to identify them. Users under the age of  13 are  only  permitted to access and use the Website while under the direct supervision of a parent or guardian.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access  to  or use  of  the Website  shall  be governed by, and construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between SELL IT9 INC. and a User relating to  the  interpretation  or implementation  of  any of  the  provisions of these Terms of Use, such disputes hall be resolved by private, confidential and binding arbitration. Such arbitration  shall be  conducted  by  a  single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or SELL IT9INC. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall  proceed  in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

12. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You  hereby waive  any  right you  may  have to commence or participate  in any  class  action lawsuit  commenced  against SELL IT9 INC. or  its  affiliates related  to  any claim,  dispute  or controversy  arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against SELL IT9 INC. otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any  other  claim or  dispute  where a  waiver  of class action lawsuits is unenforceable at law.

13. GENERAL TERMS

a. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time.  We reserve the right to change these Terms of Use at any time, and any amendedTerms of Use are effective upon posting  to the  Website.  We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion,  via email  or  notifications on  the  Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amendedTerms of Use, whether or not we deemed the amendments to be material.

b.   ASSIGNMENT

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.

Users may not  assign or  delegate  any rights  or  obligations under  these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

c. NO WAIVER

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver  of  any other  provision,  right or  remedy  or the  same  provision, right or remedy on a future occasion.

d. NO AGENCY

The parties to these Terms of Use are independent contractors and are not partners or agents. SELL  IT9  INC.  has  no  fiduciary  obligations  or professional obligations whatsoever  to you  arising  from these  Terms  of  Use or your use of the Website.

e. SEVERABILITY

In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

f. ENTIRE AGREEMENT

These Terms of Use, in conjunction with all policies and guidelines available on the Website  (including  but  not  limited to any Privacy Policy), incorporated  by  reference,  constitute the entire   agreement  between   you and SELL  IT9  INC. and  supersede  all prior  communications,  agreements and understandings, written or oral, with respect  to  the subject  matter  of these Terms of Use.

14. QUESTIONS ON THESE TERMS OF USE

We welcome you to contact us with  any  questions on  these  Terms of  Use.  You can send your questions regarding these Terms of Use to the following  email address:

hello@sellit9.com

15. RESPONSIBILITY FOR DEVICE DATA SECURITY

User/Seller Responsibility: Users/sellers must factory reset or completely wipe all personal data from their devices before selling. If the device is not properly erased, and the seller requests assistance, SELLIT9 INC. can provide help with data erasure at the time of pickup or prior to shipping. However, SELLIT9 INC. is not responsible for any damage to the device or loss of information that may occur during this process.

Liability Limitation: SELLIT9 INC. assumes no responsibility for any data breaches, loss of information, device damage during shipping or testing, or privacy infringements arising from incomplete data erasure. Additionally, once a sale is finalized, the device is non-returnable. This policy reinforces the importance of the seller's responsibility to ensure complete and accurate data deletion before the sale process.

Indemnification by User/Seller: Users/sellers agree to indemnify and hold harmless SELLIT9 INC. from any claims arising due to their failure to fully erase personal data from their device prior to sale. This indemnification also covers any issues arising from the seller changing their mind after the sale is finalized and requesting the return of the device.

16. PICKUP PROCESS

Data Erasure Requirement: We ask all users to perform a factory reset and delete all data from their devices prior to pickup. If this is not done, SELLIT9 will perform the data erasure as the initial part of our testing process. SELLIT9 is not responsible for any loss of data that occurs as a result.

Assistance with Data Erasure: If the device is not properly erased, and the seller requests assistance, SELLIT9 INC. (including the buyer or reseller at the pickup moment) can provide help with data erasure at the time of pickup or prior to shipping. However, SELLIT9 INC. is not responsible for any damage to the device or loss of information that may occur during this process.

Prohibited Devices: SELLIT9 does not purchase devices that are blacklisted, stolen, or locked. It is important that users ensure their devices do not fall into these categories before arranging a pickup, as such devices will be rejected.

Detailed Process Guide: For a comprehensive understanding of the pickup process, including eligibility confirmation and transaction finalization, please refer to our detailed guide available on our website: Free Pickup Process at SELLIT9 – How It Works.

17. SENDING THE DEVICES TO US / SHIPPING LABEL PROCESS

Packaging Responsibility: SELLIT9 INC. is not responsible for damages incurred during shipping due to inadequate packaging by the sender. It is crucial for sellers to ensure that devices are securely packaged to prevent damage during transit.

Factory Reset Requirement: Sellers are required to factory reset all devices before shipping them to SELLIT9. If a device arrives without being reset, SELLIT9 will perform a factory reset and delete all data as an initial part of our testing process. By shipping your device to us, you agree to this procedure. SELLIT9 will not be held responsible for any data deletion, even if you later request the device to be returned.

Prohibited Devices: SELLIT9 does not purchase devices that are blacklisted, stolen, or locked. Ensure that your devices do not fall into these categories before shipping, as they will be returned at your expense.

Detailed Process Guide: For a comprehensive understanding of how to obtain a pre-paid shipping label, properly package your device, and what to expect after sending your device to SELLIT9, please visit our detailed guide on the How Our Shipping Label Process Works page.

18. CONFIRMATION OF AGREEMENT TO TERMS OF USE

By using the SELLIT9 INC. website and services, you acknowledge having read, understood, and agreed to these terms of use, including any revisions. This agreement also extends to our data security policies and the requirement for personal data to be erased by the user/seller before selling their device.