INTRODUCTION
Secure Buyback, owned and operated by GRC Wireless, Inc. 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 [hereinafter Secure Buyback or GRC WIRELESS] 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 GRC WIRELESS upon the receipt of PRODUCT at the GRC WIRELESS facility in Hollywood, Florida.
SHIPPING
SELLER expressly acknowledges that all shipments using the GRC WIRELESS FedEx Ground Shipping Service are not insured. GRC WIRELESS will not be liable for any damages or loss of PRODUCT during the shipping process. If a shipment is damaged, lost, or missing any contents during the shipping process, there will be no financial recovery to SELLER. SELLER retains title to the PRODUCT until the receipt (evidence by receipt signature) of PRODUCT by GRC WIRELESS at the GRC WIRELESS facility in Hollywood, Florida.
SELLER is free to arrange shipping at SELLER’S own expense, and insure any shipment accordingly.
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 GRC WIRELESS.
To receive the “good condition” price, PRODUCT must be fully functional, show minimal or no signs of wear, have a clean IMEI , be released from all financing and leasing plans, 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 PRODUCT is currently on a ‘financing’ or ‘leasing’ plan, regardless of the diagnostic results, it will receive the “damaged condition” price.
If the PRODUCT has an IMEI or ESN reported as lost, stolen, blocked, or blacklisted 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.
If a $5 Bonus (hereinafter “BONUS”) is successfully redeemed by SELLER, the BONUS shall be applied to PRODUCT with a final value of $25 or higher. PRODUCT with a final value under $25 will not earn a BONUS.
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, GRC WIRELESS will contact SELLER one (1) time via the email. SELLER may elect to receive to receive the lower BUYBACK VALUE, or GRC WIRELESS 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 GRC WIRELESS. 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 GRC WIRELESS.
Payment will be issued via the method chosen by SELLER at checkout (check or PayPal). If payment is issued via PayPal, the payment will be issued to the PayPal email addressed given by SELLER at checkout. Once payment is issued to the PayPal account given by SELLER, the transaction is complete. GRC WIRELESS will not be responsible for any problems or delay in release of funds related to the SELLER’s PayPal account, including but not limited to SELLER entering the incorrect PayPal account at checkout.
NON COMPLIANT PRODUCT / EXCEPTION TO RETURN GUARANTEE
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, stolen, blocked, blacklisted, or on a ‘financed’ or ‘leased’ plan, 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 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 $15 RETURN FEE per device. This fee covers the cost of inbound postage, outbound postage, diagnostic fees and processing cost.
Furthermore, if the PRODUCT does not meet the requirements of “good condition” or “fair condition”, but also does not meet the NONCOMPLIANT provision above, and SELLER wishes to have PRODUCT returned, the nature of the damage to the PRODUCT will be also be analyzed by GRC WIRELESS in determining whether a RETURN FEE will be applied. Specifically, if the nature of the damage is obvious to the naked eye (e.g. cracked screen, damaged housing), a $15 RETURN FEE per device will apply. This assessment will be made at the sole discretion of GRC WIRELESS.
RETURNING PRODUCT
If PRODUCT is returned to SELLER, GRC WIRELESS will put forth reasonable effort to return any accessories, memory cards, SIM cards, or collateral material (hereinafter “COLLATERAL ITEMS”) included in original shipment. However, GRC WIRELESS 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, GRC WIRELESS will put forth reasonable effort to ensure that PRODUCT will not be damaged at any point in our inspection or return process. GRC WIRELESS will not be responsible for any damage to PRODUCT during the inspection or return process. Furthermore, GRC WIRELESS will not be responsible for loss of PRODUCT during return shipment to SELLER.
WIRELESS SERVICE
It is the responsibility of the SELLER to discontinue service on PRODUCT sold to GRC WIRELESS before initiating a transaction.
GRC WIRELESS 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
GRC WIRELESS 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
GRC WIRELESS 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.
The GRC WIRELESS 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), GRC WIRELESS 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 GRC WIRELESS may sell or transfer PRODUCT containing an activation lock.
GRC WIRELESS does not guarantee that it will erase data in PRODUCT. SELLER agrees to release GRC WIRELESS 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. GRC WIRELESS 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 GRC WIRELESS.
RIGHT TO CANCEL
GRC WIRELESS may void any transaction at any time during the buyback process. GRC WIRELESS may void any quote at any time. If GRC WIRELESS elects to void a transaction after received by GRC WIRELESS, the PRODUCT will be RETURNED to SELLER.
LIMITATION ON LIABILITY
Seller agrees that GRC WIRELESS, its affiliates and partners, will not have any liability to SELLER in excess of the BUYBACK VALUE assigned to the PRODUCT. In no way will GRC WIRELESS, their affiliates and partners be liable for any indirect, consequential, punitive, incidental, special, or exemplary damages, whether foreseeable or unforeseeable, even if GRC WIRELESS 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 GRC WIRELESS 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
GRC WIRELESS 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
GRC WIRELESS may temporarily suspend, indefinitely suspend or terminate SELLER use of GRC WIRELESS 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
SELLER’s use of Secure Buyback may be terminated or suspended by GRC WIRELESS if SELLER does not comply with this Agreement, our policies and procedures, or for any other reason we determine, in our sole discretion, is necessary.
PRIVACY, COMMUNICATION & EMAILS
GRC WIRELESS 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. GRC WIRELESS will not sell or disseminate Seller emails to any third party company or organization.
The GRC WIRELESS privacy policy can be accessed here.
INDEPENDENT CONTRACTOR
SELLER and GRC WIRELESS 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
GRC WIRELESS 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 GRC WIRELESS’ 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.
