ORCHARD LABS INC. ("WE"/"US") HAS/HAVE DEVELOPED THE ORCHARD MOBILE APPLICATION
BY DOWNLOADING/USING/ACCESSING ORCHARD YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE PROHIBITED FROM DOWNLOADING, ACCESSING, OR OTHERWISE USING ORCHARD OR THE SITE. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME AND THE MOST CURRENT VERSION WILL BE POSTED ON THE SITE. IT IS ENTIRELY YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR ORCHARD USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ALL SUCH REVISED TERMS. ANY NEW FEATURES OR FUNCTIONS THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE, AND NOT REQUIRE SPECIFIC NOTICE OR CONSENT.
Orchard may allow you and/or other users to generate and/or view and/or explore "Listings". Listings may be generated using Orchard and distributed by you according to these Terms. You may, but may elect not to, register with Orchard using your Facebook account.
When you register with Orchard, you must:
You are responsible for safeguarding and maintaining the confidentiality of your Orchard account. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Orchard account, whether or not you have authorized such activities or actions. You agree to notify us of any unauthorized use of your account or any other breach of security immediately should such use become known to, or suspected by, you.
In using the Site, App, and Orchard you shall not:
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
We do not permit intellectual property-infringing activities and will move to remove any content and/or stem any activity we deem infringing on another's intellectual property rights. If you are an intellectual property rights holder or an agent thereof and believe your rights are being violated, you may contact us via email firstname.lastname@example.org
Orchard and the information and materials that it contains/displays, are the property of Orchard Labs Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, license to (a) use Orchard, and (b) download, install, and use one copy of the App on a mobile device that you legitimately own (the "License"). Orchard is licensed to you and not sold. Nothing in these Terms gives you a right to use Orchard's names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site. Any future release, update, or other addition to functionality of Orchard shall be subject to the terms of these Terms.
You acknowledge that the App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof. You must also comply with all applicable third party terms of service when using the App.
If you provide us with any suggestions, comments, or other feedback relating to any aspect of Orchard ("Feedback"), we may freely use such Feedback or in any other products or services without remuneration to you.
If you choose to have your mobile device sold on a consignment basis, the mobile device will remain your property until we ship the mobile device to the buyer. If your consigned mobile device does not sell within your selected time period, we assert the discretion to: (i) increase the consignment period and offer a higher return, or (ii) buy the mobile device at the originally quoted price, or (iii) return your mobile device.
As a buyer: you can rest assured that the vast majority of purchases on Orchard go smoothly, but even in the rare event that the mobile device you purchased on Orchard either does not arrive, is defective, or is not as described in its Listing, you will be protected by the Orchard "Money Back Guarantee" (the "Money Back Guarantee"). In the instance that you open a claim (the "Claim") for a mobile device that does not arrive, we will review the matter and, if we determine your Claim is valid, refund the full cost of your purchased mobile device and the original shipping charge and any applicable sales tax paid. In the instance that you open a Claim for a mobile device that is defective or not as described in its Listing, we will review the matter and, if we determine that your Claim is valid, pay to have the mobile device shipped back to us, and either repair or replace the mobile device, and send the mobile device back to you.
As a seller: You are responsible for properly representing your mobile device. In the instance that, upon receipt, we determine that the mobile device you shipped to us is defective or not as described, we will send you a revised quote for the mobile device, factoring in any expenses that we incur as a result of remedying this Claim. If you accept this revised offer, we will attempt to sell the mobile device within the originally-accepted time period, although this time period will re-start once the revised quote has been accepted. If you decide not to accept the revised quote, we will return your mobile device at your expense.
The Orchard "Money Back Guarantee" is a company policy, and it is not a product warranty.
Orchard is pleased to offer a 90-Day Warranty (the "90-Day Warranty").
Notwithstanding the foregoing, you expressly acknowledge and agree that any and all services and transactions relating to Orchard, including all listings, purchases, and sales, involving you and/or other users are conditional and entirely at Orchard's unilateral discretion. Orchard reserves the right to unilaterally refuse to process any listing, purchase, or sale, at its own discretion, within 5 business days, in which case amounts paid to Orchard in relation to the transaction at issue will be refunded immediately to the affected user, unless fraudulent or illegal activity is suspected.
THE SITE, APP, ORCHARD, AND ALL MATERIALS PROVIDED BY ORCHARD ARE PROVIDED "AS IS." WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ORCHARD IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY SITE, EVEN IF IT CAN BE REACHED FROM A LINK ON THE SITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE OR APP, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY, REGARDLESS OF WHETHER THAT PARTY IS AN ORCHARD USER. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR INFORMATION OR ANYTHING ELSE EXCHANGED BY MEANS OR VIRTUE OF ORCHARD.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS SITE, APP, OR ORCHARD, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF ORCHARD, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE OR ORCHARD, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ANY AMOUNT DUE UNDER THE ORCHARD "MONEY BACK GUARANTEE" POLICY UP TO THE PRICE OF THE ITEM SOLD TO YOU ON ORCHARD (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COST OR (B) FIFTY DOLLARS ($50) OR (C) AMOUNTS YOU PAID US IN THE PRECEDING 12 MONTHS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
YOU SHALL INDEMNIFY AND HOLD ORCHARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH ORCHARD OR THE SITE AND ANY VIOLATION BY YOU OF THESE TERMS.
Orchard may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or for other reasons. We may periodically add or update the information and materials on the Site or App without notice.
Orchard content may be placed by you or other users and otherwise become available through third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services, including without limitation, eBay, Facebook, Craigslist, and Kijji ("External Services").
Orchard does not have any control over External Services, and is not and cannot be responsible for their content, operation, or use, with regard to any Orchard content or any other content. Orchard does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer and mobile device that may relate to or stem from using or accessing any External Services.
Orchard disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Orchard with respect to the content or operation of any External Services.
Orchard may be sold, might sell or buy businesses or assets of businesses, or Orchard might merge with another business. Normally, in the instance of such transactions, user information is one of the transferred business assets. In the event that Orchard, a line of business of Orchard, or substantially all the assets of Orchard are transferred as part of such a transaction, your information may well be one of the transferred assets. Orchard will make reasonable effort to provide notice on Orchard and to notify you via email to the most recent email address that you have provided to Orchard of any such change in ownership or control of your Personal Information.
These Terms are governed by the laws of the Province of Ontario and we both consent to the exclusive jurisdiction of the courts of the Province of Ontario in relation to these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted and the other provisions shall remain in effect.
If you have any questions about these Terms or if you wish to make a comment or complaint regarding Orchard, please contact us at: email@example.com.
This policy applies to you and all users who download/use/view the app ("App"), services, website ("Site") and/or content (collectively referred to as "Orchard", for convenience, in this Policy) while using/accessing the Site, App, and/or any third party websites or services. Orchard may only be used by individuals who are at least 13 years old.
"Personal Information" is personally-identifiable information such as your name, address, e-mail address, and avatar/picture. We collect Personal Information from you via the Website and/or App when you register to use Orchard. You have the option of logging in using your Facebook account, in which case such Personal information, including your picture/avatar, will be "autofilled", though you will have the option of changing it, including your picture/avatar. The Personal Information we hold about you may therefore include, but is not limited to: your name, email address, city-level location (and GPS coordinates from the actual time of registration). We may also collect Personal Information from time to time through other communications with you, information downloads, product or service purchases, and user support.
As you use the Orchard App and/or navigate the Site, certain anonymous information may be passively collected (that is, gathered without you explicitly providing the information), including your device identifier, MAC address, Internet Protocol (IP) address, operating system, browser type, the address of a referring site and your activity on Orchard. We use Google Analytics, and your Internet browser may, for instance, using small files called "cookies," automatically transmit anonymous information to us, such as the date and time you access Orchard. We use such information to better understand how you interact with our services, while monitoring traffic to our services, with the aim of improving our services. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above. While you may be able to disable cookies with your browser, doing so may affect Orchard's functionality
We will not transfer your Personal Information to third parties without your permission, except we may transfer your Personal Information without your consent to the extent required to do so by law or in the good faith belief that such action is necessary to: (i) conform to the edicts of law or comply with legal process served on us; (ii) protect or defend our rights or property; (iii) act in urgent circumstances to protect the personal safety, property, or privacy of our employees, users, or members of the public; or (iv) affect a transaction, restructuring or proceeding that transfers to a third party the assets or line of business to which the information pertains. In addition, we may send your Personal Information to other companies or people under any of the following circumstances: when we have your consent to share the information; or we need to share your information to provide the product or service you have requested; or we need to send the information to companies who work on our behalf to provide a product or service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose).
You may review, update, correct, or delete Personal Information by contacting us. Please contact us should you desire a change, and we will strive to accommodate your request as quickly as possible if we do not have any legal obligation to retain the record. See below for privacy contact information.
Your Personal Information is protected for your privacy and security. We safeguard the security and confidentiality of your data using physical, technical, and managerial procedures. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. While we strive to protect your Personal Information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
Your information may be transferred to, and maintained on, computers located outside of your jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. Orchard may transfer Personal Information across the United States and/or Canada and process and/or store it there.
This Policy, in conjunction with our Terms of Service, constitutes the entire agreement between you and us relating to Orchard. If any part of this Policy is held to be unlawful, void, or unenforceable, that part shall be deemed severed and this shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under this Policy shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign any terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without our prior written consent.
Children under the age of 13 are not permitted to register for, or use, Orchard.
If you have any questions, comments or concerns please contact us electronically at firstname.lastname@example.org.
Orchard Labs Inc
213 Sterling Road, Unit 110
Last Updated: 21 January 2020
"We", "Us", and "Our" shall mean the obligor of this Protection Plan: Orchard Labs Inc. You
may reach Us at 1-800-276-2703.
"Administrator" shall mean Orchard Labs Inc., located at 1139 College St, Toronto, Ontario with the telephone number 1-800-276-2703.
"Protection Plan" shall mean the Orchard Care Protection Plan.
"You" and "Your" shall mean the individual or entity who purchased this Protection Plan. This Protection Plan is not transferable by You or anyone.
"Terms and Conditions" shall mean the terms and conditions covered by the Orchard Care Protection (the "Orchard Care Protection Plan Terms and Conditions").
"Date of Purchase" shall mean the date on which the Protection Plan was purchased from Us.
"Order Summary" shall mean the written account of your original Protection Plan purchase.
"Covered Product" shall mean the single device for which You have purchased the Protection Plan. No replacement device or component thereof shall qualify for any protection under this Protection Plan or by Administrator in any way whatsoever.
The following terms are used in both the Terms and Conditions and Your Order Summary:
This Protection Plan will cover a mechanical or electrical failure of the Covered Product during normal usage for the Term of this Protection Plan. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the product at Our sole option.
This Protection Plan provides coverage for parts and labor costs to repair or replace Your Covered Product where the problem is the result of a failure caused by:
Depending on the Covered Product and failure circumstances, We will either, at Our sole and absolute discretion:
This Protection Plan covers all shipping charges to authorized service centers during the Coverage Term, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.
We may cancel this Protection Plan at Our sole discretion on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Protection Plan, You will receive a pro rata refund. If We cancel this Protection Plan for nonpayment then We will provide notice at the time of cancelation.
You may also cancel this Protection Plan at Your discretion. If You cancel Your Protection Plan,
You will receive a pro rata refund. To cancel your plan, please make the request in a letter addressed to:
Orchard Labs Inc
213 Sterling Rd, Unit 110
Limit of Liability: The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to the Protection Plan, or for any other reason whatsoever, shall not exceedthe Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate are equalto the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal featuresand functionality, then We will have no further obligations under the Protection Plan. No replacement device or componentthereof shall qualify for any protection under this Protection Plan or by Administrator in any way whatsoever.
You may only resolve disputes related to this Protection Plan on an individual basis, and may not bring a claim against Us as a plaintiff or a class member in a class, consolidated, or representative action. You hereby waive any right to participate in a class arbitration, class action, private attorney general action, or consolidation with other actions or arbitrations in connection with the Protection Plan.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT.
This document and Your Order Summary set out the complete agreement between You and Us with respect to the Protection Plan. There are no other representations, warranties, or agreements between You and Us with respect to the Protection Plan.
We hate spammy services just as much as you do. Far too often, companies abuse our trust and violate the sanctity of our inbox and social media profiles.
At Orchard, we want to do our part to reverse this disturbing trend. That is why we pledge not to email you unless the email is directly related to your efforts to buy or sell a particular phone, or you have requested periodic updates. We also pledge never to post on your Facebook timeline, Twitter feed, Tumblr, or Google+ without your explicit permission.