last modified: June 16, 2017
These terms govern any offer that you receive to sell your Product to or through Sphere. These terms, the terms that govern your use of Sphere's web sites ("Sphere Websites"), the Sphere Services and any and all applications included therein. You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "Sphere," "we" or "us" means Sphere and its affiliates and subsidiaries.
BY USING SPHERE'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SPHERE WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. Sphere reserves the right to terminate or suspend your use of the Sphere Websites and/or the Sphere Services if you do not comply with this Agreement or any other Sphere policy or procedure, or for any other reason we determine, in our sole discretion.
Sphere Buyback ("Sphere") offers services (the "Sphere Services") through which you can sell certain consumer electronic products (the "Products") after receiving an "offer" from Sphere by identifying your Product and completing check-out on the Sphere Websites. You must agree to abide by the following terms in order to use the Sphere Services and/or the Sphere Websites.
In order to complete the sale of your Product to or through Sphere or to complete any other transaction with Sphere, you must:
1. Provide true, up to date and accurate account information about yourself and any Product you submit to
2. Comply with all terms and conditions of this Agreement
3. Comply with all applicable laws and regulations
4. Transact on behalf of yourself and not on behalf of others
5. Have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us
6. Be over the age of 18
In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. Sphere shall not be responsible for communication errors should your contact information be in accurate or incomplete. You are responsible for ensuring that you can receive emails from Sphere and Sphere is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself; we will not be responsible for any misapplied payments or payments sent to a wrong address, and any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
Sphere determines, in its sole discretion, which Products are eligible for purchase by or through the Sphere Services and for which eligible Products Sphere will provide an offer. Sphere may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days.
Sphere uses four (4) basic Product conditions to grade Products, ranging from "Mint" to "Broken." Exact Condition determined by Sphere can vary according to the individual Product. Broadly, Sphere's Product definitions are as follows:
Mint: the item looks like it has never been used and is 100% functional
Good or Rough: the item has visible signs of use, but is otherwise 100% functional
Broken: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts)
The above definitions are broad guidelines. More specific condition definitions specific to the category and/or type of Product may be included on the Sphere Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Sphere's discretion. In the case where you are unsure of the condition of the Product you are engaing Sphere Services with, you are advised to contact Sphere through appropriate chanels.
All offers will be based on Sphere's own determination of the Product value in reliance on the accuracy of the information you supply us. Sphere will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to Sphere at the offered price. If you do not accept Sphere's offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
You must have all right, title, and interest in any and all Products you seek to sell to Sphere and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Broken" condition). The Products and the sale and shipment of such items to Sphere must comply with all the following conditions:
Must comply with all applicable laws, statutes, and ordinances
May not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights)
Shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due
By using Sphere Services, you agree to indemnify Sphere from all claims or losses sustained by Sphere as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to Sphere. Sphere is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
For Products involving devices that store files and/or personal data on hard drives, memory cards or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. Sphere's standard practice is to remove all such data from your Product; however Sphere makes no guarantee that it will do so. By sending Sphere your Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to Sphere, or for such data's security, integrity, confidentiality, disclosure or use. Sphere is not responsible for any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or any loss of data after you submitted your Product to us.
Sending us a Product which does not match your original description, may impact the final value of your Product and may result in a revised offer as further detailed in the following article.
Your Product must be received by Sphere within thirty (30) days after you accept the original offer provided by Sphere and complete the check-out process on the Sphere Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by Sphere should be followed in order to avoid possible damage to or loss of the Product in transit. Sphere will inspect all Products that are received. Sphere has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If Sphere rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. Sphere reserves the right to revoke the original offer and provide a revised offer for the Product due to any of the following conditions:
• Product and/or materials are not as described
• Product is received by Sphere after the Delivery Period
• Sphere receives Product(s) that are different from those identified when your offer was calculated
In the event Sphere recalculates the offer it provided for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, Sphere will return the Product to you at the address from which it was originally sent. Sphere will give you a period of five (5) days after Sphere presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). Sphere will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your decision about accepting such offer at a later date.
Once you send Sphere your Product, Sphere cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product, unless a new offer is rejected within the New Offer Period.
You remain responsible for the risk of loss for the Products until delivery of the same to Sphere. You are responsible for any damages that may occur to your Product while in transit. Sphere is responsible for risk of loss when it opens the packaging containing your Product and ceases in the event Sphere returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once Sphere delivers the package to the carrier for return to you and you will bear the risk of loss while the Product is in transit.
Title to the applicable Product passes to Sphere upon Sphere's acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Any offer by Sphere for your Product is non- transferable and not redeemable for any other consideration other than what is offered by Sphere.
From time to time, and at Sphere's sole discretion, Sphere may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. All promotion codes may only be applied once per person. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Sphere reserves the right, in its sole discretion, to cancel or refuse promotions.
Sphere makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Sphere reserves the right, at any time prior to payment, to Correct an error and/or Change the offer. In the event the Product has already been sent to Sphere, the changed offer will become a New Offer. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject, or Void a transaction. If the Product was already sent to Sphere, Sphere will be deemed to have rejected the Product resulting in a Return Circumstance.
You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize Sphere to provide you with terms and important notices about Sphere and your transactions to an email address you provide to us or by posting notices on an applicable page on www.spherethat.ca. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Sphere Websites.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Sphere Websites and the Sphere Services, including all devices, Internet browsers and Internet access. If you access the Sphere Website and the Sphere Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
By using Sphere Websites, you agree not to access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by Sphere and engage in any other activity that interferes with or disrupts the Services or performance of the Sphere Websites.
IN NO EVENT SHALL SPHERE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH SPHERE UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless Sphere, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Sphere reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Sphere Websites and/or the Sphere Services. Your continued use of any Sphere Website and/or Sphere Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to Sphere, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the Sphere Websites and/or the Sphere Websites. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
last modified: January 17, 2018
Sigma Wireless Inc. ("Sphere", "us", "we", or "our") operates the Spherethat.ca website, Sphere Electronic Device Trade-in Program and other related websites, services and applications (the "Service").
Sphere is committed to protecting your privacy online. We are also committed to providing you with the very best experience we can on our website. In order to facilitate our services and to optimize your experience at our site we gather certain personal information about you to conduct our operations and optimize your experience on our website. Please read the following policy to understand how your personal information will be treated as you make full use of our website.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on a User's device.
Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject is any living individual who is the subject of Personal Data
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we require you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Phone number
• Address, Province, Postal code, City
• Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However,
if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
• Session Cookies: We use Session Cookies to operate our Service.
• Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
• Security Cookies: We use Security Cookies for security purposes.
Our primary goal in collecting personal information is to provide you, the user, with an optimized experience on our website and Service.
We use the collected data for various purposes including:
• To provide and maintain our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service, estimate the size of our audience and measure certain traffic patterns
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
• To provide capabilities such as posting shipping materials, payments and electronic devices to your address when opted for by the User
• To track visits to our website
In addition, if we feel that a user abuses the Spherethat.ca site in any way, we reserve the right to share certain information with third parties including law enforcement and legal authorities. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible sale of blacklisted devices.
Sphere does not sell, rent, or trade your personal information with others. However, when one or more of our business partners co-sponsor a service, promotion and/or contest, we may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s). If you do not want your information to be shared, you will be able to choose not to allow the transfer by not using or signing up for that particular service, promotion or contest.
If you share our content through social media, for example by liking us on Facebook, following or tweeting about us on Twitter, or giving us a '+1' via Google Plus, those social networks will record that you have done so and may set a cookie for this purpose. In some cases, where a page on our website includes content from a social network, such as a Twitter feed, or Facebook comments box, those services may set a cookie even where you do not click a button. As is the case for all cookies, we cannot access those set by social networks, just as those social networks cannot access cookies we set ourselves.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside of Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and the United States and process it there.
Under certain circumstances, Sphere may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Sphere may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Sphere
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
The security of your data is important to us, but no method of transmission over the Internet, or method of electronic storage is entirely secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to
inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Rights Sphere aims to take reasonable steps to allow you to correct, amend, delete, or limit the use
of your Personal Data. Whenever made possible, you can update your Personal Data by contacting us to make
the required changes. If you wish to be informed what Personal Data we hold about you and if you want it to
be removed from our systems, please contact us.
In certain circumstances, you have the right:
• To access and receive a copy of the Personal Data we hold about you
• To rectify any Personal Data held about you that is inaccurate
• To request the deletion of Personal Data held about you
• You have the right to data portability for the information you provide to Sphere.You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
Please note that we require you to verify your identity before responding to such requests.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
326 W Cordova,
Vancouver, BC V6B 1E8