Agreement between User & iBroken.ca (“iBroken Canada”)

Welcome to iBroken.ca The iBroken.ca website (the “Site”) is comprised of various web pages operated by iBroken Canada Inc (“iBroken Canada”). iBroken.ca is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of iBroken.ca constitute your agreement to all such Terms. Please read these terms carefully.

ELECTRONIC SIGNATURE ACKNOWLEDGEMENT

AGREEMENT: By signing the intake signature, You agree that your electronic signature is the legally binding equivalent of your handwritten signature. Whenever you execute an electronic signature, it has the same validity and meaning as your handwritten signature. You will not, at any time in the future, repudiate the meaning of your electronic signature or claim that your electronic signature is not legally binding.

Accessing Data on Customer Devices During Pre & Post Repair Test

As part of our required diagnostic testing, certain applications containing customer data (such as front and rear camera, dial pad, and messaging applications), may need to be accessed to thoroughly test the device’s functionality. This process is essential to ensure we have done our due diligence in repairing your device to the best of our ability. This information is never intentionally exposed in any way and will not be mishandled or sold to third party companies for any purpose. iBroken Canada will never transfer or copy data on a customer’s device to any other equipment without customers express consent or unless the operation is required to complete the services requested by the customer.

Payment for Repair Service

Unless you’re a corporate client and terms have been discussed, Payment must be received in full before the device is returned to the customer. The device becomes the property and full ownership of iBroken Canada Inc if the invoice is not paid in full within 3 business days from the repair date. A non-refundable repair deposit may be required for parts that require a special order to be placed.

Replacement Repair Parts

You recognize and agree that iBroken Canada Inc. is an independent, third party repair company not affiliated with Apple’s original manufacturer. Like any repair provider outside the original manufacturer, iBroken Canada does not always have access to original equipment manufacturer (OEM) parts.
You agree that after any service is performed, the damaged parts that are removed and replaced during the repair service becomes the property of iBroken Canada Inc. Upon payment for any repair or service, you forfeit any claim on the damaged parts that were replaced during the repair or their value.

Manufacturer Warranties

You recognize that iBroken Canada is a third party independent repair company and we are not affiliated with any original manufacturer or insurance company and that having your device repaired or worked on by iBroken Canada may void any manufacturer warranty or ability to utilize insurance providers. iBroken Canada is not responsible for any warranty that is considered void after repair services by iBroken Canada.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use iBroken.ca strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to “iBroken Canada” that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the property of “iBroken Canada” or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. “iBroken Canada” content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of “iBroken Canada” and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of “iBroken Canada” or our licensors except as expressly authorized by these Terms.

Indemnification

You agree to indemnify, defend and hold harmless “iBroken Canada”, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. “iBroken Canada” reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with “iBroken Canada” in asserting any available defences.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IBROKEN CANADA INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
IBROKEN CANADA INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IBROKEN CANADA INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IBROKEN CANADA INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IBROKEN CANADA INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

“IBROKEN CANADA INC” reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and “iBroken Canada Inc” as a result of this agreement or use of the Site. “iBroken Canada Inc” performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of “iBroken Canada Inc” right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by “iBroken Canada Inc” with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and “iBroken Canada Inc” with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and “iBroken Canada Inc” with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relate to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

iBroken Canada Inc. reserves the right, in its sole discretion, to change the Terms under which iBroken.ca is offered. The most current version of the Terms will supersede all previous versions. iBroken Canada Inc. encourages you to periodically review the Terms to stay informed of our updates.