Privacy Commitment

At Mobile Klinik, we respect our customers’ privacy and take great care to safeguard personal information. As part of our ongoing commitment to putting customers first, we have a long-standing policy of protecting privacy in all of our business operations.

We believe that an important part of protecting privacy is to be clear about how we handle customers’ personal information, and to make information about our approach easily accessible.

We have developed this Privacy Commitment to provide you with specific details about our privacy practices and to set out the general principles that govern the collection, use and disclosure of our customers’ personal information. 1

We have learned from our customers that sometimes you just want the big picture, while other times you may want more details or examples of how a policy or process works. Importantly, our Privacy Commitment reflects the requirements of Canada’s applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act, and our own continuing commitment to customer privacy. The bottom line is that we want you to understand the purposes for which we collect, use and disclose personal information about our customers. The following is a summary of our privacy practices.

Definitions

Affiliates – refer to entities, businesses and/or divisions including but not limited to, TELUS Communications Inc. and its subsidiary companies, as they may exist from time to time, including those subsidiaries or divisions that carry on business under the names TELUS, TELUS Communications, TELUS Mobility, TELUS Québec, TELUS Retail Ltd., Koodo, and Public Mobile. Mobile Klinik is a part of the TELUS family. For more information about these Affiliates’ privacy practices and policies click here.

Customer – refers to an individual who uses, or expresses interest to use, Mobile Klinik’s products or services.

Mobile Klinik – In this Privacy Commitment, the words “we”, “us”, “our” or “Mobile Klinik” refer to Mobile Service Center Canada Limited, doing business as Mobile Klinik Professional Smartphone Repair, and its subsidiary companies, as they may exist from time to time. The words “we” and “Mobile Klinik” do not include independent dealers, franchisees and distributors of Mobile Klinik or our Affiliates’ products and services.

Personal information – refers to any information about an identifiable individual, other than the name, title or business address (including business email address) or business telephone or fax numbers of an employee of an organization. Personal information does not include de-identified or aggregated information that cannot be reasonably associated with a specific individual. Information about customers who are sole proprietors or partners is considered to be “personal information” if it is information about the individuals themselves, as distinct from information about their businesses. The latter is protected by other Mobile Klinik policies and practices and through contractual business arrangements.

Why we collect personal information

Mobile Klinik collects certain information about you and your use of our products and services, or your application for, or interest in, our products and services. Unless required by law or for exceptions set out in applicable legislation, Mobile Klinik shall not use or disclose for any new (not previously-identified) purpose personal information that has been collected without first identifying the new purpose and obtaining appropriate consent of the customer.

Mobile Klinik will require customers to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service if such collection, use or disclosure is required to fulfill the identified purposes. In general, the use of products and services by a customer, constitutes implied consent for Mobile Klinik to collect, use and disclose personal information for all identified purposes.

We respect your privacy, which is why we collect personal information only for the following purposes:

To establish and maintain a responsible commercial relationship with you and to provide ongoing service.

Here are some examples of what we mean by this:

• When you complete a repair, trade-in a device, purchase a Certified Pre-Owned phone, or transact with us, we generally set up a customer profile and collect information such as name, address, preferred language, phone number, and email address.
• In order to confirm your identity and/or allow our supplier or Affiliates to conduct a credit check, we may also ask for acceptable identification or identifying information.
• In order to complete a repair, we may ask for your mobile device password. gate io
• We also collect and use some personal information to confirm your identity when you contact us. For example, when you call us, we will ask to confirm some personal information to verify it’s actually you.
• If you use a Mobile Klinik mobile application (app) or web service, we collect information that is reasonably necessary to authenticate you and provide the service.
• For billing purposes, we collect records of the services you use, as well as payment information to complete your transaction, or set up pre-authorized payments (if applicable). If you have entered into a financing agreement for your purchase or repair with one of our suppliers, partners or Affiliates, your payment information will be used to set up pre-authorized payments and will be governed by the privacy policy of that supplier, partner or affiliate.
• If you use any of our remote repair services (i.e., mail-in repair, Onsite Repair Unit), we collect your address and other relevant information in order to provide those services to you.

To understand your needs and preferences.

Here are some examples of what we mean by this:

• We maintain a record of the products and services you receive from us, and we may collect additional information about patterns associated with those products and services.
• Some of the data we collect or use for this purpose includes your wireless device information, such as telephone number, SIM card number, mobile carrier, operating system, network type, device manufacturer, model and make, device serial number, downloaded diagnostic results, or other applications and their respective settings and IMEI serial number.
• We may also collect additional information to better meet your preferences, including details of the products and services you receive from us, such as the type of repair completed, the brand, make and model of the certified pre-owned device purchased.
• We may collect or infer information about you or your preferences for particular products, services or lifestyle activities from information you provide us about yourself when you tell us your preferences, or we may collect such information from other sources authorized to disclose it.

To develop, enhance, market or provide products and services.

Here are some examples of what we mean by this:

• From time to time, we, or our Affiliates may review and analyze your use of our products and services to help us provide better product recommendations and special offers that we think will interest you.
• We may analyze your use of our products and services to better understand your preferences, and to help us develop or enhance our products and services. For example, if we see that you completed a repair quote or phone repair, we may send you information on or an offer for a Certified Pre-Owned phone.
• We, or our Affiliates may note that you purchased a Certified Pre-Owned phone and may offer you a discount on an Accessory or Extended Warranty or we may send you a special activation offer with our Affiliates.
• We might recommend a new service or product from Mobile Klinik or our Affiliates that we think you’ll enjoy based on your existing transactions.

We note that our customers who do not wish to receive these types of recommendations or offers may choose to be removed from our marketing lists at any time.

To manage and develop our business and operations.

Here are some examples of what we mean by this:

• We may collect personal information to help us manage our day-to-day operations, and to manage our business, including securing it and planning for future growth.
  • We may use traffic counters to analyze how many customers visit our stores or use the onsite repair service at what times of the day to help us plan new store locations, team members scheduling and to develop our business and operations.
• We may use video surveillance to monitor and/or record the activity that occurs in and around Mobile Klinik stores, premises or to manage our business and operations. This information is used for security and investigation purposes to protect us from theft, vandalism or damage to our property and, most importantly, to protect you and our team members.
• We, or our suppliers, may monitor payment activity to detect and prevent fraud to protect both our customers and our business.
• We may record interactions, such as telephone calls or chats, to or from Mobile Klinik service representatives for quality assurance and training purposes; our systems may also conduct real-time analytics on such interactions to identify trends and patterns to help us serve you better. In some cases, we may use conversational artificial intelligence (chatbots) to help you expedite your interactions with Mobile Klinik.
• We collect information about visits to our websites (such as mobileklinik.ca) to optimize our web properties, and for security purposes.

To meet legal and regulatory requirements.

Here are some examples of what we mean by this:

• We may collect or preserve information in response to a court order.
• We need to collect certain information to comply with statutory obligations, including our tax reporting obligations.

When we share personal information

We take great care with what information we share, and why. There are circumstances where we share some personal information about our customers:

To facilitate and improve the provision of products and services to you.

Here are examples of what we mean by this. We may share personal information with:

• a person seeking information as an agent of a customer, such as a customer’s legal representative, if we are satisfied that the person is authorized to receive the information;
• We, or our suppliers and Affiliates may also share your personal information with collection agencies to collect an account if your account has been referred for collection;
• Our Affiliates help us serve our customers better and to provide customers with services from different parts of the company.

To enable our suppliers, service providers, partners and Affiliates to help us serve you better.

We may share information with our suppliers, service providers, partners, Affiliates, agents or other organizations or individuals contracted to Mobile Klinik to perform services or functions on our behalf where they require the information to assist us in serving you. We strive to minimize the amount of personal information that we share with our suppliers, service providers, partners and Affiliates; we share the information reasonably necessary to achieve the stated purpose, and require that it only be used for that purpose.

Examples of what we mean by suppliers, service providers, partners, or Affiliates include organizations that:

• Conduct research on our behalf, such as customer satisfaction surveys;
• Perform data processing on our behalf, such as printing customer statements;
• Provide diagnostic data on customers’ devices;
• Manufacture equipment or parts, or provide warranties on customers’ devices;
• Provide extended warranties on or equipment repair services to customers’ devices;
• Administer special programs with us, such as a rewards program.

When data crosses borders.

Personal information collected by Mobile Klinik will be stored and processed in Canada or other countries. In either case, the information is protected with appropriate security safeguards, but may be available to foreign government agencies under applicable law. In particular, your personal information may be stored in the cloud, which may include transfers of data outside of Canada. Where appropriate, we use de-identification and other means to protect and minimize the amount of personal information we transfer.

For emergency purposes.

We may share information with a public authority or agent of a public authority if, in the reasonable judgment of Mobile Klinik, it appears that there is imminent danger to the life, health or security of an individual which could be avoided or minimized by disclosure of the information.

Where required by law or applicable regulation.

We share customer personal information with law enforcement or other government agencies if we are required to do so to meet legal and regulatory requirements; for example, if Mobile Klinik is required to provide records to law enforcement in response to a valid court order.

Note to our customers

Our suppliers, partners and Affiliates may offer payment solutions (such as purchase financing) to you. If you choose to apply for these third party services, such supplier, partner or affiliate may collect personal information in order to share that personal information with credit bureaus. The use, collection and disclosure of your personal information in these cases will be governed by the privacy policy of said supplier, partner or affiliate.

Some of the ways we respect your privacy

• Mobile Klinik has appointed a Privacy Officer responsible for maintaining an accountable privacy management program specifically designed to protect your privacy, and for setting policies and procedures to earn and maintain your trust in our data handling practices.
• We maintain a robust information security governance program to protect your personal information with appropriate security safeguards. Our safeguards include administrative, physical and technical security controls. We protect the privacy of your personal information through contractual and other means to provide comparable levels of protection when we are working with other organizations.
• We may de-identify personal information for a variety of reasons, including to safeguard it, or where de-identified information will serve the purposes for retaining the information. We may de-identify data prior to conducting analytics that don’t require personal information.
• We strive to keep your personal information as accurate and up-to-date as is reasonably necessary for the identified purposes.
• We respond in a timely manner to your requests for access to your personal information. In certain situations, we may not be able to provide access to all the personal information that we hold about a customer. For example, we may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, Mobile Klinik may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor – client privilege, or, in civil law, by the professional secrecy of lawyers and notaries, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. If access to personal information cannot be provided, Mobile Klinik shall provide the reasons for denying access upon request. In general, the exceptions above do not apply if the individual needs the information because an individual’s life, health or security is threatened.
• We keep personal information only as long as reasonably necessary for the purposes we have identified to you, or as required by law. We shall develop guidelines and implement procedures and controls for the retention and destruction of records containing personal information
• We take privacy and security training and awareness seriously, and we use a variety of different methods to assist our Mobile Klinik team members in respecting and protecting your privacy.
• Unless you provide your express consent, Mobile Klinik does not disclose your personal information to marketers of third-party products or services to enable targeted advertising, or for any other purpose. For clarity, Mobile Klinik may disclose personal information to our Affiliates, in accordance with this privacy commitment.
• We use cookies in a limited manner, and only for purposes consistent with this Commitment. For more information, please refer to our Cookies Notice in our Website User Terms.
• Privacy legislation generally sets out certain circumstances under which organizations may collect, use or disclose personal information without consent. Examples include emergency circumstances or the investigation of a contravention of laws. Other than under such specified circumstances, Mobile Klinik will not collect, use or disclose your personal information for any purpose other than those identified in this Commitment, our agreement with you, or Service Terms, except with your consent.
• A customer shall be able to address a challenge concerning compliance with Mobile Klinik’s privacy practices to the Privacy Officer accountable for Mobile Klinik’s compliance with the Mobile Klinik Privacy Commitment.
• Mobile Klinik will continue to review this Commitment to ensure it is relevant, remains current with changing technologies and laws, and continues to meet your evolving needs.

Choices we offer you

We rely on your consent to continue to collect, use and disclose your personal information for the purposes we have identified to you. However, we want you to know that you do have choices and can refuse or withdraw your consent as follows:

• You may have your name removed from one or more of our marketing lists, such as our telephone, mail or email marketing lists. We use these lists to inform you of relevant products, services and special offers that may be of benefit to you.
• You may refuse to provide personal information to us. You may also withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, in either case, this may limit our ability to serve you and may force us to refuse some or all of the services you may receive from us.
• For further information about the above options, please contact us at 1-866-210-1070.

Unless you tell us otherwise, we will assume that we have your consent to continue to collect, use and disclose your personal information for the purposes we have identified to you.

You may choose to unlink your devices that may be linked through our participation in a co-op designed to help us deliver consistent advertising across all of the devices you use when you access our website or use our apps. To learn more about cross-device linking or to unlink your devices, visit our Cookies Notice.

Questions?

We want you to be comfortable with how we protect your privacy. If you have questions that are not addressed in this Commitment, please call us at 1-866-210-1070 or email privacy@mobileklinik.com.

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Legal Footnotes

1. The Mobile Klinik Privacy Commitment does not limit the collection, use or disclosure by Mobile Klinik of information that is publicly available. This includes: (a) a customer’s name, address, telephone number, and email address, when listed in a directory or available through directory assistance; and (b) other information about the customer that is publicly available and is specified by regulation pursuant to the Personal Information Protection and Electronic Documents Act or other applicable legislation. The Mobile Klinik Privacy Commitment does not apply to personal information created by, or collected from or on behalf of Mobile Klinik’s business customers and their employees or contractors receiving Mobile Klinik services under corporate customer agreements. However, such information is protected by other Mobile Klinik policies and practices and through contractual arrangements. The Mobile Klinik privacy practices described in this Commitment are subject to the provisions of all applicable Canadian privacy legislation and regulations.
2. If you are unsure whether that you are being contacted by Mobile Klinik, please end the communication, and then contact Mobile Klinik using the contact information on https://mobileklinik.ca/contact-us/, or the contact information on your confirmation receipt for mail-in repairs. To learn more on how to protect the privacy and security of your information, check out the resources on the TELUS website, here.

Mobile Klinik service terms

This is an agreement between you and Mobile Service Center Canada Limited, d.b.a. Mobile Klinik Professional Smartphone Repair (“Mobile Klinik”). It sets out the terms and conditions (the “Service Terms”) that apply to your use of Mobile Klinik products and services, including customer assistance, customer services provided by Mobile Klinik teams, repairs to smartphones and electronic tablets (“Device”), warranties and guarantees provided by Mobile Klinik, sales of your Device to Mobile Klinik and purchases of certified pre-owned Devices or accessories (collectively, the “Products and Services”). The Service Terms, together with the gate io app, and Mobile Klinik’s Privacy Commitment form the agreement between you and Mobile Klinik for the Products and Services (the “Agreement”).

By using the Products and Services you are agreeing to the terms of the Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE PRODUCTS AND SERVICES. For the purposes of these Service Terms, “you” refers to the Mobile Klinik customer.

Mobile Klinik reserves the right to amend any term of the Agreement, including rates and additional charges, at any time by giving 30 days’ notice. Mobile Klinik will notify you of amendments to the Agreement by posting notice of the amendment at www.mobileklinik.ca (the “Website”). Your continued use of the Products and Services following any amendment shall be deemed to be your acceptance of the amended Agreement, your waiver of any additional notice requirements and your agreement to pay for the Products and Services in accordance with the amended Agreement.

Table of Contents

1. What Mobile Klinik Provides

a) Repair Services and Quotes

Mobile Klinik will make all reasonable efforts to repair your Device with utmost care and skill. Prior to any repair being provided, Mobile Klinik will provide you with a quote for an estimated cost to repair your Device based on the information provided by you. After you have accepted the quote, Mobile Klinik will proceed with the repair of your Device. In the event that the actual cost to repair your Device is higher than the cost quoted to you, Mobile Klinik will obtain your consent before proceeding with the repair. Any time estimate given for the completion of a repair is an estimate only and does not form any obligation under these Service Terms.

All quotes provided for a repair exclude applicable taxes. Any quote provided is only valid for the day on which it is provided, as prices may fluctuate.

When your Device is repaired and available for collection, Mobile Klinik will notify you through your preferred contact method.

b) Mail-In Repairs

Mobile Klinik provides a mail-in repair service. Prior to mailing in your Device, Mobile Klinik will provide you with a quote for an estimated cost to repair your Device based on the information provided by you. Mobile Klinik will provide you with shipping instructions and a waybill from one of our national courier partners who will come and pick up your Device. For repairs that are less than $100, shipping is extra, and will not be included in the quote provided to you. For repairs that exceed $100, shipping costs are included in the price you are quoted for repair. Mobile Klinik will collect a non-refundable deposit for any mail-in repair. This deposit will be credited towards the final cost of the repair. If you choose not to proceed with the repair for any reason, Mobile Klinik will return your Device at no cost to you. However, any deposit paid is non-refundable.

If you elect to mail-in your Device for a repair, you agree to take the necessary precautions to protect and safeguard your Device to avoid additional damage during the mail-in process. Mobile Klinik uses reputable providers that provide tracking information to facilitate its mail-in repair service. Mobile Klinik is not responsible for any loss, damage or theft that may occur during the mail-in process. You are responsible for preparing your Device to be serviced, including unlocking your Device and removing any passwords, removing your personal data and settings, and removing the SIM and/or SD card prior to shipping your Device. If Mobile Klinik is unable to complete a repair due to your failure to comply with the above requirements, Mobile Klinik will return your Device back to you, and you will forfeit your deposit.

c) Repair and Device Financing

Repair and Device financing is available with Affirm. The terms and conditions of any financing provided by Affirm will be governed by the agreement between you and Affirm. Mobile Klinik is not responsible for agreements and payment terms regarding financing.

d) Guarantees and Warranties

The following guarantees and warranties are provided by Mobile Klinik. Mobile Klinik’s head office is located at: 26 Floor, 25 York Street, Toronto ON M5J 2V5.

i) Repair Services Guarantees

What is Covered

Unless otherwise stated, repair services provided by Mobile Klinik, for repairs not covered by an OEM warranty or under an extended warranty program, have a limited lifetime guarantee in accordance with these Service Terms.

Repairs made with Apple OEM parts will be guaranteed for a period of ninety (90) days from the date of repair.

Replacement batteries are guaranteed for 12 months from the date of installation.

What is Not Covered

Repairs made under an OEM warranty program or through an extended warranty program are not covered by this guarantee.

If the Device develops an additional fault unrelated to the original repair, or is damaged after the repair services, this guarantee is null and void. This guarantee does not cover screen replacements that are required due to damage caused by liquid, and/or physical damage to the surface of a Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

Claims Procedure

If your Device fails during the guarantee period, you may take your Device to any Mobile Klinik location for diagnostics. If the reason for your Device failure falls within the scope of this guarantee, Mobile Klinik will repair your Device at no additional cost. If your Device was initially repaired through our mail-in repair service, you may opt to mail-in your Device for diagnostics under the terms of this guarantee. Mobile Klinik will cover the shipping fees for mail-in diagnostics if your repair was initially completed through our mail-in service.

Limitation

This guarantee will not apply if any of the following conditions occur:

• The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible;
• The defect was cause by the deterioration of the Device due to excessive wear and tear;
• The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Mobile Klinik (including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;
• The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
• The defect was caused by a defective function of the cellular network or other system;
• The Device software needs to be upgraded due to changes in cellular network parameters; or
• The defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by Mobile Klinik or used in other than its intended use and where it can be shown by Mobile Klinik that such defect is not the fault of the Device itself.

Transferability

This guarantee is included in the price paid as a benefit to you, and therefore is non-transferable.

ii) Certified Pre-Owned Device Warranties

What is Covered

For Certified Pre-Owned Devices (“CPO Devices”) Mobile Klinik offers a 12-month limited warranty that the Device shall be free of defects in materials and workmanship, subject to the conditions below.

What is Not Covered

This warranty applies only to the hardware components of CPO Devices, and does not apply to any software or any accessories or peripheral equipment.

This warranty does not cover damage caused by liquid, and/or physical damage to the surface of a CPO Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

Claims Procedure

If your Device fails during the warranty period, you may take your Device and original purchase receipt to any Mobile Klinik location for diagnostics. If you purchased your Device via mobileklinik.ca and are not close to a Mobile Klinik location, you may opt to have your Device repaired via our mail-in repair service under the terms of this warranty. If the reason for your Device failure falls within the scope of this warranty, Mobile Klinik will repair your Device at no additional cost. If Mobile Klinik is unable to repair your Device, Mobile Klinik will replace your Device with another functional equivalent Device.

Limitation

This warranty will not apply if any of the following conditions occur:

• The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible;
  The defect was cause by the deterioration of the Device due to excessive wear and tear;
• The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Mobile Klinik (including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;
• The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
• The defect was caused by a defective function of the cellular network or other system;
• The Device software needs to be upgraded due to changes in cellular network parameters; or
• The defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by Mobile Klinik or used in other than its intended use and where it can be shown by Mobile Klinik that such defect is not the fault of the Device itself.

Transferability

This warranty is given only to the original purchaser of the CPO Device, and is non-transferable.

iii) General Terms

The Products and Services are provided on an “as is” and “as available” basis. Your use of any of the Products and Services is at your sole risk. To the fullest extent permitted by applicable law, unless otherwise specified in these Service Terms, Mobile Klinik disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Products and Services, including any warranty of fitness for any particular use or purpose you intend for the Products and Services, even if you have communicated such intention to Mobile Klinik.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, GUARANTEES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MOBILE KLINIK SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

2. Online Purchases

a) Ordering Process

In order to make a purchase on the Mobile Klinik Website, you must be a registered account holder or check out as a guest. In either case, you must be the age of majority in your province or territory of residence and you will need to provide Mobile Klinik with certain personal information so that your order can be processed. You are responsible to ensure the continued accuracy of this information.

b) Price

All prices are listed in Canadian currency and all charges will be processed in Canadian currency. Prices which may be displayed or advertised on the Website or through any other electronic communications from Mobile Klinik are subject to confirmation, do not include shipping fees and applicable sales tax, and are subject to change without notice at Mobile Klinik’s sole discretion. Shipping and taxes will be displayed at checkout prior to your final order submission.

c) Availability and Description of Products

The purchase of products on the Website is subject to availability. Mobile Klinik reserves the right to limit the quantities of certain products which you can purchase through the Website and some items viewed on the Website may be unavailable for purchase online. Merchandise in your “shopping cart” is not reserved.

While Mobile Klinik attempts to be accurate in its product descriptions, we do not represent or warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with Mobile Klinik’s return policy.

d) Rejection or Cancellation of Orders

Mobile Klinik may cancel orders and refund customers’ payment because of pricing errors, unavailability of inventory or for any other reason. In the event that Mobile Klinik rejects your order, Mobile Klinik will have no obligation to fulfill your order and you will have no obligation to pay Mobile Klinik for the order.

e) Payment

You may pay for your purchase using VISA, Mastercard, American Express, Affirm financing or PayPal and you authorize Mobile Klinik to charge the applicable card or payment service for the purchase price. You represent and warrant that you are the account holder of the applicable account used for purchase. If your card is rejected by the card issuer, your order will not be shipped and Mobile Klinik has no obligation to fulfill your order. All billing and registration information provided by you to Mobile Klinik must be truthful and accurate.

f) Shipment

Your order will be shipped by one of Mobile Klinik’s third party carriers. Once your order has shipped, you will receive a shipping confirmation email and your credit card or payment service will be charged. Orders will ship from various fulfillment centres across Canada. Orders cannot be shipped to addresses outside Canada or freight forwarding addresses. Shipping windows are estimates and delivery times are not guaranteed as orders may experience unexpected delays. Mobile Klinik is not responsible for any delays in delivery.

g) Returns & Exchanges

At Mobile Klinik, we want to make sure you’re happy with your purchase. If you’re not satisfied, you can return your purchase for an exchange or refund provided that you meet the following criteria:

i) Proof of Purchase

You have the original sales receipt or order email.

ii) Product in its original condition & packaging

For an exchange or refund, your purchase must be returned with its original packaging and in the same condition as when it was purchased.

The following products are not eligible for return:

• Accessories with earpieces or earbuds
• SIM cards

iii) Returned within 15 days of purchase

In the case of CPO Devices, if we determine that your Device is defective in the first 15 days following your purchase, Mobile Klinik will replace the Device free of charge.

All retail store and online purchases must be returned within 15 days of the purchase date. Please email us at customerservice@mobileklinik.ca or visit one of our locations to initiate your return. Please include your sales order number, which can be found on your email receipt.

Online orders must be returned to a Mobile Klinik store or shipped back to Mobile Klinik at the purchaser’s expense.

iv) Holiday Return Policy

CPOs purchased online between December 1, 2022 and December 31, 2022, may be returned through January 31, 2023. Please note that all other terms and conditions provided in the Mobile Klinik online store and Refunds Policy are still applicable with respect to such items purchased. All purchases made online after December 31, 2022 are subject to the Standard Return Policy.

v) Device passwords, personal data and locks removed

Please remove all personal data from any returned items (e.g. phonebook data, memory cards and passwords). Once the product is returned, it cannot be traced to recover personal data. Mobile Klinik is not responsible for any unauthorized use of personal data left on returned items.

vi) Payment on Refunds

All refunds will be refunded in the original form of payment. To protect our customers from fraudulent activity, we reserve the right to request valid photo ID for the purposes of validating customer information when processing a return or exchange.

vii.) Gift with Purchase

If the purchase included a free gift or bonus item (i.e. free accessory, gift card, etc.) this item must also be returned, or the current retail value of that item will be deducted from the amount eligible for exchange or refund.

3. Limited Warranty for “The Cellairis Bundle”

Consumer Program

WHAT IS THIS DOCUMENT: All Cellairis branded products sold by Mobile Klinik or by Our independently owned and operated authorized retailers, come with a limited warranty and for more information about the terms and conditions of that warranty please visit https://mobileklinik.ca/general-terms-conditions/. This document describes the terms and conditions for the “Limited Warranty” that You will receive when You purchase The Cellairis Bundle, have The Cellairis Bundle installed onto Your Device, and register The Cellairis Bundle at the time of purchase, which will be done at the Mobile Klinik retail location. The Cellairis Bundle is also available to be purchased online from Us only if You purchase the Device from Us, and also purchase The Cellairis Bundle at the same time. You should keep this document and Your receipt for The Cellairis Bundle, as they may be necessary in order to receive services under this Limited Warranty. These Limited Warranty terms, together with the Mobile Klinik Service Terms, and Mobile Klinik’s Privacy Commitment form the agreement between you and Mobile Klinik for the Limited Warranty.

DEFINITIONS OF WORDS OR PHRASES USED IN THIS DOCUMENT:

1. “We”, “Us”, “Our”, and “Mobile Klinik” means Mobile Service Center Canada Limited, d.b.a. Mobile Klinik Professional Smartphone Repair, located at 26 Floor, 25 York Street, Toronto ON M5J 2V5, Canada, which is the company that sells The Cellairis Bundle and is providing this Limited Warranty in the Country of Canada.
2. “You” and “Your” mean the original purchaser of The Cellairis Bundle installed on the Device or any persons to whom the Device was transferred to during the term of the Limited Warranty.
3. “Device” means any Apple or Samsung wireless device for which The Cellairis Bundle is sold, provided the device is registered with Us at the time of purchase either at the Mobile Klinik retail location or through Our online retail store.
4. “Accidental Screen Damage” means damage that occurs to the LCD and/or Digitizer screen of Your Device during normal use resulting from failure of The Cellairis Bundle to protect the screen on Your Device. Accidental Screen Damage does not mean liquid damage, as that is NOT covered by our Limited Warranty, and there are other events and examples of what is not covered below (See the section on “What Is Not Covered”).
5. Cellairis® is the registered trademark of JJT Holdings, LLC, which licenses the trademark to Global Cellular, Inc., located at 6485 Shiloh Road, Building B-100, Alpharetta, Georgia 30005, USA. Global Cellular, Inc. is the company that manufactures the products that are included within The Cellairis Bundle and for more information about the terms and conditions relating to products other than The Cellairis Bundle, which are sold by Global Cellular, please visit https://www.cellairis.com/return-policy.

TIME TO TALK ABOUT WHAT THIS PROGRAM IS ALL ABOUT

WHAT MAKES UP THE CELLAIRIS BUNDLE: “The Cellairis Bundle” means either the Rapture® case or the Showcase® case and Shell Shock® Screen Protector purchased for your Device from a Mobile Klinik retail location or Our online retail store.

ONCE I REGISTER THE CELLAIRIS BUNDLE HOW LONG IS THE LIMITED WARRANTY? The “Term” of the Limited Warranty begins on the date of registration of The Cellairis Bundle (which must be on the same day that You purchase The Cellairis Bundle, either in person or if purchased online), and continues for the earlier of: (i) 24 months; or (ii) if the screen on the Device needs to be repaired and it cannot be repaired because of other issues with the Device and the Repair Center (which is defined below) “totals” Your Device and You receive the return of the purchase price You paid for The Cellairis Bundle (this is all described below). In the event Your Device is in the process of being serviced by a Repair Center when the 24 months expires, then do not worry, the term will be extended to cover the repair or in the discretion of the Repair Center, the repair cannot be made and We make a payment to You in the amount of the purchase price You paid for The Cellairis Bundle (which is all described below).

HOW DOES THE LIMITED WARRANTY WORK? Your Device must be registered on the date You purchase The Cellairis Bundle to qualify for the Limited Warranty. If You purchased the Cellairis Bundle in-store: in order to register Your Device when you made the purchase from a Mobile Klinik retail location you need to: (i) give Your device to a store employee; and (ii) the store employee will complete the diagnostic process, which will include a few tests to make sure that the Device is in working order (because we cannot guarantee The Cellairis Bundle will work if Your Device is broken to begin with). You will need to complete this registration process at the time of purchase of The Cellairis Bundle. If You purchased The Cellairis Bundle from Our online retail store: there is no additional registration process when you purchase The Cellairis Bundle from our online retail store because You are buying BOTH the device and The Cellairis Bundle at the same time, and we will do all diagnostics before we ship You the device with The Cellairis Bundle already on the device. Your registration will be effective on the date of your online purchase of The Cellairis Bundle.

WHAT IF MY DEVICE IS BROKEN AND I CANNOT REGISTER? This only will apply to purchases made from a Mobile Klinik retail location. If Your Device cannot be registered because it fails the diagnostic tests, then we know You are not happy, but hopefully we can help out! While at the Mobile Klinik retail location, We will have one of the friendly repair technicians look at Your Device and give You an estimate for repairing Your Device so that it can work properly. Once the Device is working, We can then register the Device, but remember, this Limited Warranty is effective only if You complete the registration at the time of Your purchase of The Cellairis Bundle.

WHAT HAPPENS IF MY SCREEN BREAKS? Here is the good news and why You purchased The Cellairis Bundle! Once You have installed The Cellairis Bundle and registered Your Device, if Accidental Screen Damage occurs during the term of this Limited Warranty, any of the authorized Mobile Klinik retailers will repair or replace the screen for Your Device as provided in this Limited Warranty. If You need help finding a location, to have a repair made then all you need to do is call 1-866-210-1070 and We can help you at either (i) a Mobile Klinik retail location, (ii) any other approved authorized location, or (iii) mailing in the wireless device as described below (each referred to herein as a “Repair Center”), whereby any such repair will be done at no cost to You for any of the Accidental Device Damages! We will also replace, at no cost to You, the screen protector and if necessary, the protective case for the Device. But remember, for the repair to be covered, the Accidental Screen Damage must have happened while The Cellairis Bundle was installed on the Device and You must have registered The Cellairis Bundle at the time You purchased The Cellairis Bundle. Parts will be replaced with those of like kind and quality manufactured by the manufacturer of the Device or manufacturer of The Cellairis Bundle components. The Repair Center may use new or remanufactured parts. You are responsible to backup all Device software and data prior to commencement of repair. In the event the Device has damage that is not covered under Accidental Screen Damage, then the Repair Center will inform you and it may still be able to fix Your Device, but it will not be free, and the cost will be determined by the Repair Center that is performing the repair on Your Device and if You consent to such repair, You will need to pay that Repair Center for the cost of any damage that is not covered under this Limited Warranty.

WHAT HAPPENS IF JUST THE SCREEN PROTECTOR BREAKS AND NOT THE SCREEN? If just the Shell Shock® screen protector breaks, then one of the Authorized Repair Centers will replace the Shell Shock® screen protector at no cost to You.

WHAT HAPPENS IF JUST THE PROTECTIVE CASE BREAKS AND NOT THE SCREEN? If just the Rapture® or Showcase® case breaks, then one of the Authorized Repair Centers will replace the Rapture® or Showcase® case at no cost to You. Remember, the Rapture® or Showcase® case will only be replaced for free if the function of the case is an issue, or if the case actually breaks. It will not be replaced if the case is just scratched or marked or if You just want something different.

WHAT HAPPENS IF BOTH THE SCREEN PROTECTOR AND CASE BREAK BUT NOT THE SCREEN? If both items of The Cellairis Bundle break, then one of the Authorized Repair Centers will replace both of the items at no cost to You as detailed above.

WHAT HAPPENS IF THE SCREEN CANNOT BE REPAIRED? If the Repair Center determines that the screen cannot be repaired, if parts are no longer available, or if parts have been discontinued by the manufacturer then, We will refund You the purchase price You paid for The Cellairis Bundle. The refund will be in place of a repair. The refund of the purchase price is the maximum amount We will pay in the event the Device is not repairable. If Your Device is unable to be repaired then You will fill out information that is needed to process Your refund in the form of a pre-paid Visa card. You must provide this information while at the authorized retail location, and this can only be done in person.

DO YOU PROVIDE A MAIL-IN OPTION? YES! If Your screen on Your Device breaks and You do not live near an authorized retail location or if You are unable to visit an authorized retail location for any reason, then this Limited Warranty still applies. You need to follow these simple steps: (1) Contact our Customer Service Department at 1-866-210-1070 to obtain Your mail in form and pre-paid shipping label, as Mobile Klinik uses reputable providers that provide tracking information to facilitate its mail-in repair service; (2) pack Your Device securely to make sure it gets to Us safe and sound and in one piece (We do not want to get a Device with more damage than just the screen needing repair!), and make sure The Cellairis Bundle is on Your Device (screen protector and protective case), (3) put the pre-paid shipping label on the outside of the box, and (4) contact the courier to schedule a pick-up time that is convenient to You or go to the proper courier drop off box or courier store and drop off the package so it can get to Us. If You mail-in your Device for a repair, You agree to take the necessary precautions to protect and safeguard Your Device to avoid additional damage during the mail-in process. Mobile Klinik is not responsible for any loss, damage, or theft that may occur during the mail-in process. You are responsible for preparing Your Device to be serviced, including unlocking Your Device and removing any passwords, removing Your personal data and settings, and removing the SIM and/or SD card prior to shipping Your Device.

Once We get Your Device We will have the device repaired and send it back to You through a courier so that you have it back. If the Device needs additional service or it cannot be repaired then a customer service agent will contact You to discuss all Your options. You assume the risk of loss during shipment, so please make sure all instructions are followed.

WHAT IF YOU WANT TO RETURN THE CELLAIRIS BUNDLE? If You want to return The Cellairis Bundle then You may do so at any of the Mobile Klinik gateio. There are a few conditions that You need to follow for Your return: (1) You have 15 days from the date of purchase to make a return; (2) You must have the original receipt; and (3) You must return both parts of The Cellairis Bundle. If You purchased The Cellairis Bundle using a credit card or debit card, You will receive a refund of the purchase price, including applicable taxes, upon return on the credit card or debit card used when You made the purchase. If You purchased The Cellairis Bundle using cash, then You will receive a refund at the time of making the return for the purchase price including applicable taxes in the form of a pre-paid Visa card.

WHAT IF YOU WANT TO RETURN THE CELLAIRIS BUNDLE BUT DO NOT LIVE NEAR A PARTICIPATING MOBILE KLINIK RETAIL LOCATION OR IF YOU PURCHASED THE CELLAIRIS BUNDLE ONLINE? Just like the above, if You want to return The Cellairis Bundle but You do not live close to a Mobile Klinik retail location, or if You are unable to visit an authorized retail location for any reason, or if You purchased The Cellairis Bundle online, then You may do so. You need to follow these simple steps: (1) Contact our Customer Service Department at 1-866-210-1070 to obtain Your pre-paid shipping label; (2) pack both parts of The Cellairis Bundle (screen protector and protective case) securely in order to ensure safe return back to Us; (3) put the pre-paid shipping label on the outside of the box; and (4) contact the courier to schedule a pick-up time that is convenient to You or go to a courier drop off box or courier store and drop off the package so it can get to Us. You assume the risk of loss during shipment, so please make sure all instructions are followed. Please remember that if You chose to mail a return to Us, then the conditions from the above still apply: (1) You still only have 15 days from the date of purchase to make a return; (2) You must have the original receipt; and (3) You must return both parts of The Cellairis Bundle in order to receive a full refund.

OTHER LEGAL ISSUES THAT YOU NEED TO KNOW ABOUT

WE ONLY REPAIR THE SCREEN, NOT OTHER PROBLEMS WITH YOUR DEVICE UNDER THE TERMS OF THIS LIMITED WARRANTY.

WHAT IS COVERED: Cracked screen, broken/damaged Rapture® case or Showcase® case, or Shell Shock® screen protector.

WHAT IS NOT COVERED: This Limited Warranty does not apply to: (1) liquid damage; (2) screen or Device repairs that are covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs, or as a result of a published manufacturer’s defect; (3) cleaning; periodic checkups; preventive maintenance; (4) any and all pre-existing conditions that occur prior to the effective date of the registration of The Cellairis Bundle; (5) parts or repairs due to normal wear and tear, and items normally designed to be periodically replaced by You during the life of the Device; (6) damage from abuse, misuse, mishandling, introduction of foreign objects into the Device, unauthorized modifications or alterations to the Device; failure to follow the manufacturer’s instructions; (7) incidental, consequential or secondary damages or delay in rendering service; loss of use during the period that the Device is at a Repair Center or awaiting parts; (8) non-functional or aesthetic parts including but not limited to plastic parts, scratches, peeling and dents (so long as the Device is functioning); (9) unauthorized repairs and/or parts; (10) accessories used in conjunction with a Device; (11) any issues relating to the software of the Device; (12) any other loss other than Accidental Screen Damage; (13) services where no fault with the Device can be found by the Repair Center; (14) screen breakage that is not reported during the Term; and (15) any cracked screen that occurs when both elements of The Cellairis Bundle were not being used at the same time.

CAN THIS LIMITED WARRANTY BE RENEWED? No, the Term of this Limited Warranty cannot be renewed.

CAN THIS LIMITED WARRANTY BE TRANSFERRED TO SOMEONE ELSE? Yes! This Limited Warranty is transferable to any person to whom the Device, with The Cellairis Bundle installed, was transferred to during the Term. The registration is tied to the specific identifying unique serial number or other unique number associated with each individual Device (such as the IMEI number for Apple products). Nothing in these terms and conditions shall replace the manufacturer’s warranty, except as noted above.

WHAT IS THE TERRITORY FOR THE LIMITED WARRANTY PROGRAM? The Limited Warranty is limited to Canada only.

WHAT IS THE MAXIMUM AMOUNT OF MONEY WE ARE LIABLE FOR IF SOMETHING GOES WRONG: Our limit of liability for Your Device under this Limited Warranty is the cost of authorized repairs, or replacement as determined by Us, with a screen of like quality and similar features, provided however, in no event will Our total liability for repairs or replacement exceed the purchase price You paid for The Cellairis Bundle, excluding sales tax and installation costs (if any). Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to You, the exclusions in the following section may not apply.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, GUARANTEES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MOBILE KLINIK SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

CAN I CANCEL THIS LIMITED WARRANTY? No. This Limited Warranty cannot be cancelled or refunded after registration because it was given to You at no charge. We may only cancel this Agreement for the following reasons: fraud or material misrepresentation. If We cancel this Agreement, we will provide You with written notice of cancellation listing the reason for such cancellation not later than 15 days before the effective date of termination.

WHAT LAW GOVERNS THIS LIMITED WARRANTY? This Limited Warranty is governed by the laws of the province in which The Cellairis Bundle was purchased. This Limited Warranty gives you specific legal rights, and you may have other legal rights which may vary from Province to Province.

4. Your Responsibilities

a) Passcodes

Mobile Klinik requires the passcode of your Device in order to provide repair services. If you do not want to share your passcode, Mobile Klinik can proceed with diagnostics, but will be unable to perform a full functional check until you are present at a Mobile Klinik store, which may delay your repair. If you are mailing your Device in, you will be liable for any extra postage costs incurred if Mobile Klinik is unable to perform a full functional check due to Mobile Klinik’s inability to unlock your Device.

b) Device Abandonment

Mobile Klinik will notify you through the contact methods you have provided when your Device has been repaired and is available for collection.

If we are unable to contact you initially, we will continue to make a reasonable effort to notify you that your Device is ready for pick up. However, Mobile Klinik is not responsible for any Devices not claimed within 60 days from the date you are first notified that the Device is ready for pick-up. After such time, Mobile Klinik may dispose of the Device in its sole discretion.

c) Data Back-up

It is your responsibility to backup all data, software, and programs on your Device prior to submitting your Device for a repair. We accept no liability for loss or corruption of any and all data, information, software or programs stored on your Device.

5. Privacy

You agree that the Mobile Klinik Privacy Commitment, available for inspection at https://mobileklinik.ca/privacy/, as it may be updated from time to time (the “Mobile Klinik Privacy Commitment”), shall apply to your use of the Products and Services. You hereby consent to the collection, use and disclosure by Mobile Klinik and its agents of your personal information collected in connection with provision and/or use of the Products and Services, for the purposes identified in the Mobile Klinik Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other Mobile Klinik Affiliates, for the purpose of offering additional services or products that you may be interested in.

Mobile Klinik also sells third party products and services. These third party products and services are governed by their own terms, conditions and privacy policies.

In this Agreement, the term “Affiliates” refers to entities, businesses and/or divisions including but not limited to, TELUS Communications Inc. and its subsidiary companies, as they may exist from time to time, including those subsidiaries or divisions that carry on business under the names TELUS, TELUS Communications, TELUS Mobility, TELUS Québec, TELUS Retail Ltd., Koodo, and Public Mobile.

6. General Terms

a) Limitation of Liability

To the fullest extent permitted by applicable law, neither Mobile Klinik nor its Affiliates, nor their respective directors, officers, employees, or agents (collectively, the “Mobile Klinik Entities”) shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Products and Services (including, but not limited to: defects, malfunctions, or complete breakdowns of any Device; electrical shocks, burns, fires or explosions caused by any Device; loss of profit, loss of earnings, financial loss or loss of business opportunities), regardless of the cause of action, including negligence, and even if one or more of the Mobile Klinik Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses.

If for any reason a Mobile Klinik Entity becomes liable to you or a third party arising out of or in any way connected with the Products and Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the Mobile Klinik Entities to you or such third party is limited to the greater of $20 and the fees paid by you to Mobile Klinik for the particular Products and Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.

Mobile Klinik is not responsible for any cosmetic issues that do not affect the functionality of the Device, such as scratches or scuffs that may occur during repair services.

Mobile Klinik does not take any responsibility for any progression in damage for Devices that have been damaged by liquid. Although unlikely, opening the Device could initiate further damage and in some cases may be very serious and/or irreparable. We ask our customer to monitor their Device post liquid damage repair as unknown issues can arise soon after treatment for liquid damage which are beyond our control. If issues arise, please contact us and we can reassess the damage. In cases where further repair is needed there may be additional costs incurred.

Mobile Klinik is not responsible for any loss of function of the Touch ID fingerprint sensor in the case of an Apple iPhone ‘Home Button’ repair.

b) Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold Mobile Klinik, and its Affiliates, subcontractors, suppliers, vendors and licensors, and any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified parties arising in any way from the Products and Services (a “third party action”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the indemnified parties) incurred by, assessed or found against, or made by any of the indemnified parties relating to or arising from any such third party action (“third party related losses”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the indemnified parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton or intentional misconduct of any of the indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.

c) Termination

You may terminate the Agreement at any time by notifying Mobile Klinik of the date you want the cancellation to be effective.

Mobile Klinik may suspend the Products and Services if you contravene any provision of these Service Terms, including your obligation to pay for the Products and Services as charges become due. Mobile Klinik may terminate the Products and Services (i) immediately and without notice, where Mobile Klinik determines that the action is necessary to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from Mobile Klinik, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you.

d) Arbitration

If you use the Products and Services in the operation of a business, any claim, other than the collection of amounts owing to Mobile Klinik, relating to (i) your Agreement, (ii) use of the Products or Services or any equipment used with the Products or Services; (iii) sales materials or advertising relating to the Products or Services or any equipment used with the Products or Services; or (iv) relationships with third parties arising through use of the Products or Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to Mobile Klinik, 26 Floor, 25 York Street, Toronto ON M5J 2V5. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against Mobile Klinik or its Affiliates and you agree to opt out of any class proceeding against Mobile Klinik or its Affiliates.

e) Miscellaneous

The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern the Agreement. You may not assign or transfer the Agreement without Mobile Klinik’s prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of Mobile Klinik to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon Mobile Klinik.