Trade-In Program Terms & Conditions

  1. This Trade-In Program is a service provided to You by Apto Solutions Inc. (“Apto”), in partnership with Hyla Inc. (“Hyla”), as part of a contracted service that Apto provides to Google Inc. and its affiliates and subsidiaries (“Google”). Google may provide customer service for the Trade-In Program, but You understand the Trade-In Program and these Terms and Conditions are between you and Apto only.
  2. Definitions:
    • Customer” or “You” means you, the Device owner, or a person having legal authority to make decisions about the Device, and who has accepted these Terms and Conditions.
    • Initial Trade-In Quote” means the initial Device trade-in quote that Hyla will provide to You, based on information you submit on the Websites.
    • Final Trade-In Quote” means the final trade-in value that You may receive for Your Device, assessed by Apto after physical receipt and inspection of Your Device (which may be lower than the Initial Trade-In Quote).
    • Device” means Your Device that qualifies for the Trade-In Program.
    • Trade-In Credit” means the method by which You will receive the Device Final Trade-In Quote, if your Device qualifies for it, through credit to Your original form of payment, store or service credit for use on the Websites, Google Play credit, or any other credit or combination of the foregoing, as specified in Section D.6 below.
    • Trade-In Period” means 30 calendar days from the date You accept the Initial Trade-In Quote through the Websites. Through December 31, 2017, Trade-In Period means 30 calendar days from the date You receive a new device that you purchase when accepting the Initial Trade-In Quote through the Websites.
    • Trade-In Program” means the service provided to You by Apto and Hyla through the Websites, where You may exchange your Device in return for a Trade-In Credit, subject to these Terms and Conditions.
    • Websites” means store.google.com and fi.google.com.
  3. YOU CONFIRM THAT:
    1. You are at least 18 years old and of legal capacity to participate in this Trade-In Program.
    2. You are the only owner of Your Device and no other third party holds any rights of any kind in Your Device (including installment or leasing programs).
    3. All information You submitted on the Websites as part of this Trade-In Program (personal information and Device-related information, including Device type and condition) is true and accurate.
  4. YOU ACKNOWLEDGE, WARRANT, AND AGREE THAT:
    1. The Initial Trade-In Quote is an estimate only, and that the Trade-In Credit You will receive, if any, will be based only on the Final Trade-In Quote determined by Apto. For example, if after inspection, Your Device is not in the condition You represented on the Website, or Your Device is not one of the Devices accepted by the Trade-In Program, the Final Trade-In Quote may be minimal or zero.
    2. If Your Device is not shipped to, and received by, Apto within the Trade-In Period, Hyla’s trade-in offer and Initial Trade-In Quote will expire and be void.
    3. Google, Apto, and Hyla are not responsible for data loss, data recovery, or any related damages under this Trade-In Program. It is Your responsibility to remove all personal data from Your Device before shipping it to Apto. In addition, you must do the following:
      1. Factory-reset Your Device, unlock Your Device (including removing Your Device from any services that prevent it from being activated), and remove all SIM and memory cards from Your Device;
      2. Disconnect Your Device from your existing wireless service plan; and
      3. Ship Your Device to Apto using the shipping materials and guidelines that Apto provides. Google, Apto, and Hyla will not be liable for any loss or damage to Your Device while in transit.
    4. If Apto cannot process or make future use of Your Device by accessing the Device or confirming Device data removal, You may not receive Trade-In Credit for the Device, and You waive all rights and claims with respect to such Device and any data stored on the Device.
    5. Once shipped to Apto, Your Device will not be returned to You, unless:
      1. You selected the return option (when accepting the Trade-In offer online) if the Final Trade-In Quote is less than the Initial Trade-In Quote; and
      2. You agreed that if Your Device is not cleared or wiped of personal data, Apto may return the Device without removing the data, in compliance with the Responsible Recycling (“R2”) Standard for Electronics Recyclers.

      Apto will return Your Device to the postal address You provided during the online transaction, but Apto, Hyla, and Google will have no liability to You if Your Device is lost or damaged during the return shipment.

    6. You may receive the Trade-In Credit (if any) in the following form:
      1. a credit to your original form of payment;
      2. a store or service credit for usage on the Websites;
      3. a Google Play credit; or
      4. any combination of the above methods;

      based on the Trade-in Program requirements. In addition, each form of Trade-In Credit may be subject to its own terms and conditions.

  5. DISCLAIMERS & WAIVERS:
    1. You acknowledge that Apto is solely responsible for execution of the Trade-In Program. You hereby waive all rights or claims against Google and its respective directors, employees, and agents for any loss or damages (direct or consequential) of every kind, whether known or unknown, arising out of, or relating to, Your use of the Trade-In Program.
    2. Apto, Hyla, and Google are not responsible for any damage, loss, or costs incurred by You in relation to this Trade-In Program, resulting from any of the following:
      1. Your act, omission, or misrepresentation in violation of the law or these Terms and Conditions. You additionally agree to indemnify Google, Apto, and Hyla from and against any claims brought against any of them arising from Your breach of applicable law or these Terms and Conditions.
      2. Disclosure of Your personal information to law enforcement agencies if Your Device is found to be stolen or if required by law.
    3. You additionally agree that Apto’s and Hyla’s total liability to You will not exceed the Final Trade-In Quote.
    4. Apto and Hyla may change these Terms and Conditions to, for example, reflect changes to the law or changes to the Trade-In Program. Apto and Hyla will post notice of changes to these Terms and Conditions on this page.
  6. GOVERNING LAW & DISPUTE RESOLUTION:

    ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES.

    You agree that any disputes regarding the Trade-In Program will be resolved through binding arbitration or small claims court in Santa Clara County, California, USA instead of in courts of general jurisdiction, and that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

  7. MISCELLANEOUS:
    1. Force Majeure. Neither Apto, Hyla, nor Google will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
    2. No Agency. These Terms and Conditions do not create any agency, partnership, or joint venture between the parties.
    3. Entire Agreement. To the extent permitted by applicable law, these Terms and Conditions state all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter.
    4. Severability. If any term (or part of a term) of these Terms and Conditions is invalid, illegal or unenforceable, the rest of these Terms and Conditions will remain in effect.