INTRODUCTION
Secure Buyback provides an online website for consumers, businesses, and organizations (hereinafter “SELLER”) to sell their retired cell phones, smartphones, iPads, and iPods (hereinafter “PRODUCT”). The use of Secure Buyback is governed by the terms and conditions set forth in this User Agreement (hereinafter “AGREEMENT”). Your use of this site and/or placement of a transaction indicates your acceptance of the terms and conditions set forth in this AGREEMENT.
ELIGIBILITY TO CONTRACT
Secure Buyback is only available to SELLER(s) who can form legally binding contracts under applicable law.
TITLE
SELLER must be the sole and rightful owner of the PRODUCT, and all PRODUCT must be free of any liens and/or claims by any third party. If PRODUCT is determined to be lost or stolen, SELLER will not receive any compensation for the PRODUCT. SELLER agrees to transfer all title and interest in the PRODUCT to Secure Buyback upon the receipt of PRODUCT at the Secure Buyback / GRC Wireless, Inc. facility in Hollywood, Florida.
BUYBACK VALUE
The final buyback value SELLER shall receive (hereinafter “BUYBACK VALUE”) is a factor of PRODUCT condition at the time of receipt and inspection by Secure Buyback.
To receive the “good condition” price, PRODUCT must be fully functional, show minimal or no signs of wear, have a clean IMEI, and be activation unlocked. If PRODUCT is fully functional but has more significant signs of wear, the product will receive “fair condition” price, which is 85% of the “good condition” price.
If the PRODUCT has functional damage but has a clean IMEI and is activation unlocked, it will receive the “damaged condition” price.
If the PRODUCT has an IMEI or ESN reported as lost or stolen, or PRODUCT is activation locked (iCloud or Google lock), the final value will zero.
If the PRODUCT receive does not match listed on the packing list, a fair market value will be assigned to the PRODUCT, and PRODUCT will be deemed NON COMPLIANT PRODUCT per below.
PAYMENT & GUARANTEE POLICY
If PRODUCT is designated for “good condition” or “fair condition” price, payment will automatically be issue and will not be returned to SELLER.
If PRODUCT does not meet the requirement of “good condition” or “fair condition” price, Secure Buyback will contact SELLER one (1) time via the email. SELLER may elect to receive to receive the lower BUYBACK VALUE, or Secure Buyback will return PRODUCT to SELLER at no cost to SELLER, subject to the NON COMPLIANT PRODUCT provision below. SELLER has seven (7) calendar days to respond to email, after which PRODUCT will be processed by Secure Buyback. After this seven (7) calendar day period expires, PRODUCT will not be returned to SELLER.
The BUYBACK VALUE is guaranteed for 30 calendar days from the date printed on the packing slip. If the PRODUCT is received after the 30 day period, the BUYBACK VALUE will be revised to the current price (hereinafter “CURRENT PRICE”). If PRODUCT is received after the 30 calendar day period, and the PRODUCT is graded to receive the current “good condition” price or “fair condition” price, the PRODUCT will not be returned to SELLER.
If PRODUCT is missing a battery or battery back, the BUYBACK VALUE may be reduced by a specified amount. Any accessories, chargers and/or earpieces included with PRODUCT, will not yield extra value.
Payment will be issued within 7 business days after the final shipment approval, in writing, by SELLER. The payment lead time during specific seasonal and world events (e.g. the Covid-19 outbreak in March & April 2020) may be lengthened. Any increase in payment lead time will be determined at the sole discretion of Secure Buyback.
NON COMPLIANT PRODUCT
If PRODUCT is received in any of the following conditions:
1) The ESN (Electronic Serial Number) or IMEI (International Mobile Equipment Identity) is reported as lost or stolen, or
2) The PRODUCT has any type of activation lock on the device (e.g. Apple iCloud lock, Google lock, Samsung lock, DEP lock, MDM lock, or any type of remote management lock), or
3) The PRODUCT received is materially different than the PRODUCT stated on the packing slip,
the BUYBACK VALUE will be reduced to zero. If SELLER wishes to have NON COMPLIANT PRODUCT returned, SELLER will be required to pay a $20 RETURN FEE per device. This fee covers the cost of inbound postage, outbound postage, diagnostic fees and processing cost.
RETURNING PRODUCT
If PRODUCT is returned to SELLER, Secure Buyback will put forth reasonable effort to return any accessories, memory cards, SIM cards, or collateral material (hereinafter “COLLATERAL ITEMS”) included in original shipment. However, Secure Buyback cannot guarantee that all COLLATERAL ITEMS will be returned to SELLER, and will not be responsible for any missing, damaged or broken COLLATERAL ITEMS. Similarly, Secure Buyback will put forth reasonable effort to ensure that PRODUCT will not be damaged at any point in our inspection or return process. Secure Buyback will not be responsible for any damage to PRODUCT during the inspection or return process. Furthermore, Secure Buyback will not be responsible for loss of PRODUCT during return shipment to SELLER.
SHIPPING
Secure Buyback offers free FedEx Ground Shipping. SELLER expressly acknowledges that all shipments using Secure Buyback‘s FedEx Ground Shipping Service are not insured. Secure Buyback will not be liable for any damages or loss of shipment during shipping. SELLER retains title to the PRODUCT until the receipt (evidence by receipt signature) of PRODUCT by SELLER at the Secure Buyback facility in Hollywood, Florida.
If SELLER is interested in arranging shipping of PRODUCT, at SELLER’s expense, please email us for directions at info@grcwireless.com.
WIRELESS SERVICE
It is the responsibility of the SELLER to discontinue service on PRODUCT sold to Secure Buyback before initiating a transaction.
Secure Buyback is not responsible for previous or subsequent airtime charges accrued prior, during, or after any transaction. Should any airtime charges be accrued, it is the responsibility of the SELLER and service provider to resolve payment issues.
ILLEGAL
Secure Buyback will report to the proper authorities and if required, surrender to the proper authorities any PRODUCT that has stored on it illegal data, including but not limited to child pornography and any evidence of illegal activity.
PERSONAL DATA
Secure Buyback recommends that SELLER remove all personal data from PRODUCT, including but not limited to address book entries, text messages, pictures, and emails. Additionally, we recommend that SELLER remove any SIM Cards and memory cards.
Secure Buyback’s standard practice is to employ a DOD-Level data erasure tool to erase all user data from PRODUCT. In certain situations, including but not limited to SELLER’s failure to remove an activation lock (e.g. Apple iCloud lock, MDM, DEP or Google lock), Secure Buyback may also employ a standard factory reset for specific items. SELLER expressly acknowledges that the factory reset process may not include the removal of an activation lock (e.g. Apple iCloud lock, MDM, DEP or Google lock). SELLER acknowledges that Secure Buyback may sell or transfer PRODUCT containing an activation lock.
Secure Buyback does not guarantee that it will erase data in PRODUCT. SELLER agrees to release Secure Buyback from any claim as to the data stored in PRODUCT, or data stored in SIM cards or media cards used with the PRODUCT, or for such data’s security, confidentiality, disclosure or use. Secure Buyback is not responsible for a) any loss suffered by SELLER due to any data that is not erased or removed from PRODUCT, or (b) any loss of data after SELLER submitted the PRODUCT to Secure Buyback.
RIGHT TO CANCEL
Secure Buyback may void any transaction at any time during the trade-in process. If Secure Buyback elects to void a transaction, the PRODUCT will be RETURNED to SELLER.
LIMITATION ON LIABILITY
Seller agrees that Secure Buyback GRC Wireless Inc, their affiliates and partners, will not have any liability to SELLER in excess of the BUYBACK VALUE assigned to the PRODUCT. In no way will Secure Buyback, GRC Wireless Inc, their affiliates and partners be liable for any indirect, consequential, punitive, incidental, special, or exemplary damages, whether foreseeable or unforeseeable, even if Secure Buyback was advised of the possibility of such damages arising out of this AGREEMENT and seller use of Secure Buyback.
INDEMNIFICATION
SELLER hereby agrees to indemnify and hold harmless Secure Buyback against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any intentional, reckless, or negligent act or omission of SELLER in the use of Secure Buyback.
AMENDMENT
Secure Buyback may amend this agreement at any time without notice. Any amendments will be posted to this website, and will be effective immediately after they are posted.
SUSPENSION AND TERMINATION
Secure Buyback may temporarily suspend, indefinitely suspend or terminate SELLER use of Secure Buyback if Seller: (i) breaches this Agreement, (ii) provides us with false information or we are unable to authenticate any information provided, or (iii) infringes the intellectual property rights of others.
TERMINATION
Your use of Secure Buyback may be terminated or suspended by us if you do not comply with this Agreement, our policies and procedures, or for any other reason we determine, in our sole discretion, is necessary.
COMMUNICATION & EMAILS
Secure Buyback will send periodic emails to Seller. Seller agrees to receive such emails, although Seller may “opt out” of emails at anytime through the “unsubscribe” option on the email. Secure Buyback will not sell or disseminate Seller emails to any third party company or organization.
INDEPENDENT CONTRACTOR
SELLER and Secure Buyback will operate under this Agreement as independent contractors, and the relationship in no way constitutes or gives rise to a partnership, joint venture, or agency relationship between the parties.
FORCE MAJEURE
Secure Buyback shall be not be liable for any costs or damages due to delay or nonperformance under this AGREEMENT arising out of any cause or event beyond Secure Buyback’s control, including, without limitation, cessation or limitation of services hereunder or any damages resulting therefrom to the SELLER as a result of work stoppage, power or other mechanical failure, computer virus, natural disaster, epidemic, pandemic, governmental action, or communication disruption.
GOVERNING STATE
This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws and principles thereof.
