Terms of Sale for Devices

Effective: 26 July 2016

These Terms of Sale for Devices and any other terms referred to in these terms, such as terms provided in the Return Policy and Warranty Centre ("Terms"), apply between you and Google Canada Corporation, a Canadian corporation whose principal place of business is at 111 Richmond St. West, 12th Floor, Toronto, Ontario M5H 3K6 (referred to as "Google" or "we"), when you purchase devices and/or accessories ("each, a Device") from the Google Store.

Please carefully read these Terms. By ordering a Device, you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.

Google Services

When you use any services provided by Google Parties (as defined below) through your Device, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service. Use of certain Device features may require that you open a Google account. Note that Google services and content may vary by region.

Google Payments

To place an order, you must have a Google Payments account. You may also need to maintain a Google Payments account to return or replace your Device or to receive any support offered by Google. A Google Payments account is free and if you do not have one you will be directed to Google Payments before you can check out. Your use of Google Payments is subject to the Google Payments Terms of Service. If you do not agree to the Google Payments Terms of Service, do not place an order.

Privacy

Please refer to our Google Privacy Policy and the Google Payments Privacy Policy for more information on how Google collects, uses and shares the information that we receive from you.

You consent that in order to process your order and to protect you and Google from fraudulent transactions, Google may provide your order information to reputable third parties to perform address verifications and to assist in fulfilling or delivering your order.

Support

Please refer to Google Store Support to find out more about any support offered by Google in connection with your Device. The Google support team will only provide support if you are located in a supported country, as described in the Country Availability Page.

Ordering and Payment

When you place an order for a Device on the , you permit Google to charge the credit card, debit card or other payment method that you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes).

Google reserves the right to reject your order. For example, Google may reject your order if you do not live in a country from which Devices may be purchased or if you order more than the permitted maximum number of Devices.

When your order is accepted by Google, we will send you an email which will include details of your order and an order number that you should refer to if you have any follow-up queries.

Prices and Taxes

The Device price displayed on the site does not include any delivery charges. Information about delivery charges can be found here and will also be presented at the checkout before you place your order.

Applicable taxes will usually be presented at the checkout or on the Device description page; however, in some circumstances we may notify you that you are responsible for determining whether certain taxes apply.

All prices displayed on the Google Store site are subject to change at any time, without notice.

Should Google reduce its price on any Device within 15 days from the date you order it, you must contact Google Store Support within 15 days of the price change to request a refund or credit for the difference between the price you were charged and the reduced price. Please note that this excludes limited-time price reductions, such as special sales events (e.g. Boxing Day) and offers advertised as limited in quantity.

Google may also provide promotional offers or prices related to the sale of Devices. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.

Delivery

We may not be able to deliver to all locations. Please consult our Country Availability Page for locations to which we will deliver your Device. If Google does not ship a Device to the address that you provided, you will be sent a notice and you will not be charged for your order.

If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to Google. In that case, you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method in your Google Payments account), but you may be charged for delivery (and such charges will not be reversed). If a Device is not successfully delivered because we or a delivery agent made a mistake, you will not be charged at all and all charges will be reversed.

If you do not receive your Device, please contact Google Store Support.

Any delivery dates or times provided by Google (or a delivery agent) are estimates only and are not guaranteed.

Pricing Mistakes

We try very hard to make sure there are no mistakes in the prices that appear on the Google Store. In the unlikely event that a mistake happens, you agree that Google will not be bound by that incorrect price, unless your credit card, debit card or other payment method in your Google Payments account has already been charged. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.

Order Limits

You may not order more than the maximum number of Devices that we specify from time to time. For example, the Google Store may specify a maximum order limit for a particular Device.

Import and Export

A Device may be subject to import and export laws and regulations in Canada and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Device. These laws may include restrictions on destinations, users and end use.

Use of the Device

Please carefully read any instructions that come with the Device, including instructions that may be available online. In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. Further, you agree to comply with any software licence agreements applicable to your use of software on the Device. Google may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or Google services on your Device. Use of that software may be subject to additional licencing terms.

Resale and Gifts

You may only purchase Devices for your personal use. You may not commercially resell any Device, but you may give the Device as a gift. Recipients of gifts may need to open and maintain a Google Payments account in order to receive any support offered by Google. These Terms apply to any gift recipient.

Device Technical Specifications

Battery life for your Device, as described in any Device description page, will depend on Device settings, usage and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be pre-formatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description page on the Google Store site.

Device Features Outside of Google’s Control

You acknowledge that unless specifically provided in any Device description page, no Device comes with a mobile data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet through a mobile data service provider or a wireless service provider (each, a “Wireless Operator”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a mobile data plan, the Device may be configured to work with a certain mobile network technology. Check with your Wireless Operator for compatibility and mobile data plan availability.

If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Operator or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes Wi-Fi functionality that allows you to access the Internet, you understand that you will need access to an 802.11a/b/g/n or equivalent Wi-Fi access point as described in the Device technical specifications.

You agree that, unless specifically provided in any Device description page, Google has no responsibility for the provision of mobile data services, wireless services or other Internet connectivity services or the terms under which Wireless Operators or Internet Service Providers may offer those services. Internet Service Providers and Wireless Operators may charge you for usage and other fees that Google does not control.

You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Google makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.

Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Operator, if applicable, so you must contact your Internet Service Provider or Wireless Operator (and any other applicable service provider(s)) directly to cancel such service(s).

Returns policy

Returns, refunds and replacements are governed by our Returns Policy, which is available here.

Data and Deactivation

You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device.

If you tell Google that you have not received your Device, the Device is defective or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.

Defects

If the Device is or becomes defective through no fault of your own, you may be entitled to a refund, replacement or repair of your Device. Please always refer to the manufacturer for any manufacturer warranty, as described in the Warranty Centre.

If you have a defective Device, please contact Google Store Support. If the Device is manufactured by a third party, Google may refer you to the applicable manufacturer of the Device for support with Device defects. If Google provides you with a replacement Device, you agree that Google may exchange the defective Device with either a new or refurbished Device. If Google provides you with a replacement Device before we receive your defective Device, and you do not return the defective Device within 21 days from the date the replacement Device is delivered to you, you authorise Google to charge your Google Payments account for the replacement Device, not to exceed the amount paid for the original Device. Nothing in this section affects your legal rights under applicable laws. Unless otherwise required under applicable laws, Google may only provide warranty support for Devices manufactured by Google that are located in a supported country, as described in the Country Availability Page.

Product Commitments

You are entitled by law to certain rights when you purchase a Device. For example, we promise that we are entitled to sell the Device to you, that the Device will conform with the description we have given of it prior to your purchase and that the Device will be of acceptable quality and fit for purpose. Other than these commitments and those expressly given to you about the Device, no other guarantees, warranties, conditions or terms apply to our agreement with you, unless expressly set out in these Terms or in other specific terms attached to the given Device.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "GOOGLE PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A GOOGLE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOOGLE PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GOOGLE UNDER THESE TERMS.

Some provinces or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law and Jurisdiction

The courts in some countries will not apply Californian law to some types of disputes. If you reside in one of those countries, then where Californian law is excluded from applying, your country’s laws will apply to such disputes related to these Terms. Otherwise, you agree that the laws of California, USA, excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these Terms. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, USA, then your local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.

Changes to the Terms

The Terms in effect at the time you place an order for the Device will apply to such order and Device. Google reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.

Events Beyond Reasonable Control

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.

No Waiver

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

Severability

If it turns out that a particular term is not enforceable, this will not affect any other terms.