LAST UPDATED: 2024-04-10
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.
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.
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.
You may cancel these Termsof Use at any time by discontinuing your use of the Website.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
Data Erasure Requirement: We ask all users to perform a factory reset and delete all data from their devices prior to drop-off. If this is not done, SELL IT9 or SELL IT9 partners will perform the data erasure as the initial part of our testing process. SELL IT9 or SELL IT9 partners are 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, SELL IT9 or SELL IT9 partners can provide help with data erasure at the time of drop-off. However, SELL IT9 or SELL IT9 partners are not responsible for any damage to the device or loss of information that may occur during this process.
Detailed Process Guide: For a comprehensive understanding of the drop-off process, including eligibility confirmation and transaction finalization, please refer to our detailed guide available on our website: How It Works - Drop-off.
We reserve the right to refuse the purchase of devices under the following conditions: What Devices Can I Sell?
Data Erasure Requirement: We ask all users to perform a factory reset and delete all data from their devices prior to drop-off. If this is not done, SELL IT9 or SELL IT9 partners will perform the data erasure as the initial part of our testing process. SELL IT9 or SELL IT9 partners are 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, SELL IT9 or SELL IT9 partners can provide help with data erasure at the time of drop-off. However, SELL IT9 or SELL IT9 partners are not responsible for any damage to the device or loss of information that may occur during this process.
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.