Trade-In Program Terms & Conditions

  1. This Trade-In Program is a service provided to You by Hyla Mobile ULC (“Hyla”), as part of a contracted service that Hyla provides to Google LLC 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 Hyla only.
  2. Definitions:
    • “Address” means a physical street address in Canada (no P.O. boxes or foreign addresses accepted) that You submit on the Website for shipments relating to Your Device under the Trade In Program.
    • “Customer”, “You”, or “Your” 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 will be provided to You, based on information You submit on the Website.
    • “Final Trade-In Quote” means the final trade-in value that You may receive for Your Device, assessed by Hyla 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, or store or service credit for use on the Website, 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 Website
    • “Trade-In Program” means the service provided to You by Hyla through the Website, where You may exchange Your Device in return for a Trade-In Credit, subject to these Terms and Conditions.
    • “Website” means store.google.ca.
  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 Website 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 receive, if any, will be based only on the Final Trade-In Quote determined by Hyla. 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. The Initial Trade-In Quote expires at the end of the Trade-In Period. If Your Device is not shipped to and received by Hyla within the Trade-In Period, only the Final Trade-In Quote will be effective.
    3. Google and Hyla are not responsible for data loss, data recovery, loss or destruction of any hardware, software, files, or media, or any related damages under this Trade-In Program. It is Your responsibility to remove all personal data and settings (including passwords and any mobile wallet settings) from Your Device before shipping it to Hyla. 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 and accessories from Your Device;
      2. Disconnect Your Device from Your existing wireless service plan; and
      3. Ship Your Device to Hyla using the shipping materials and guidelines that Hyla provides. Google and Hyla will not be liable for any loss or damage to Your Device while in transit.
    4. If Hyla cannot process or make future use of Your Device by accessing the Device or confirming Device data removal, or because the Device does not qualify for the Trade-In Program, You may not receive Trade-In Credit for the Device, You will not receive Your Device back (except under Sec. D.5 below), and Your Device may be destroyed after 180 days.
    5. Once shipped to Hyla, Your Device will not be returned to You, unless: You agreed that if Your Device is not cleared or wiped of personal data, Hyla may return the Device without removing the data, in compliance with the Responsible Recycling (“R2”) Standard for Electronics Recyclers.

      In that case, Hyla will return Your Device to the Address You provided during the online transaction, but Hyla and Google will have no liability to You if Your Device is lost or damaged during the return shipment. (If repeated attempts to deliver Your Device to Your Address fail -- e.g., due to refusal to accept delivery -- and Your Device is returned to Hyla, then Your Device may be destroyed after 180 days.)

    6. Devices reported as lost or stolen are not eligible for the Trade-In Program. If Your Device has been reported as lost or stolen (e.g., per the GSMA database), You will not receive Trade-In Credit and Your Device will not be returned to You for law enforcement reasons (despite Section D.5 above).
    7. Devices suspected as counterfeit or knockoff are not eligible for the Trade-in Program. If Hyla determines your device is a counterfeit or knockoff after inspection (e.g. devices with non standard weight, inconsistent placement of buttons, non-standard camera placement or layout, operating system error or discrepancies) You will not receive Trade-in Credit for Your Device.
    8. You may not include a damaged battery when trading Your Device. If Your Device exhibits a damaged battery (for example, is leaking fluid, is too hot to touch or the device casing is swollen), this is not eligible for trade-in and You should not send this device to Hyla. Please note that for safety reasons we cannot return devices with damaged batteries (e.g. battery swelling) and that no value will be paid or credited for such devices.
    9. Your trade-in transaction expires at the end of (6) months from the date of purchase of your new Google device. You should not send Your Device to Hyla after the expiration of Your trade-in transaction. If you do so, Hyla will return Your Device to the postal Address You provided during the online transaction (except for safety reasons such as set forth under Sec. D.8 above), but Hyla and Google will have no liability to You if Your Device is lost or damaged during the return shipment. (If repeated attempts to deliver Your Device to Your Address fail -- e.g., due to refusal to accept delivery -- and Your Device is returned to Hyla, then Your Device may be destroyed after 180 days.)
    10. 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 Website;
        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.

    11. Only one Device per trade-in transaction is accepted. If You ship more than one Device per trade in transaction, You will receive no value for such additional Device(s) and such additional Device(s) will be returned to you.
  5. DISCLAIMERS & WAIVERS:
    1. In no event shall Google or Hyla or their respective agents, affiliates, officers or employees be liable to You for any incidental, consequential, exemplary, indirect, special or punitive damages arising out of, from or related to, Your use of the Trade-In Program regardless of the form of action, including but not limited to negligence, and regardless of whether Google or Hyla or their respective agents have been advised of the possibility of any such loss or damage. In the event that a court of jurisdiction finds this section unenforceable, you agree that the extent of Hyla’s liability shall be no more than the Final Trade-n Quote.
    2. You acknowledge that Hyla is solely responsible for execution of the Trade-In Program. You waive all rights and 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.
    3. 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 and Hyla from and against any claims brought against either 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.
    4. Hyla may change these Terms and Conditions to, for example, reflect changes to the law or changes to the Trade-In Program. 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 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 by the parties and supersede all other agreements by the parties relating to its subject matter.
    4. Waiver; Severability. The failure of either party to require performance by the other party of any provision of these Terms and Conditions will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions is unenforceable or invalid under any applicable law so held by applicable court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole and, in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
    5. Suspicious Activity. If Hyla or Google suspects unauthorized reseller activity or other suspicious activity related to the Trade-in Program (such as high levels of trade-in volume), Hyla and/or Google reserves the right to deny any Trade-In Credit and will return the Device(s) back to You at Your shipping cost or destroy such Device(s) after 90 days.
  8. PRIVACY POLICY:

    Collection, use and disclosure of Your personal information are governed by Hyla’s Privacy Policy which is available at hylamobile.com/privacy-policy.