Terms of Service

By using this site and our services, you're agreeing to these Terms of Service herein, and you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site and services.

You may not use our digital offerings, website, products and services (the "Service") for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code, including but not limited to any program, image, file, or anything else of a destructive nature.

You must not have malicious intent in your business with Us.

A significant or intentional breach or violation of any of the Terms will result in an immediate termination of your Services and if necessary, your local IP will be noted for proper authorities' investigation and may include being blocked from this website and other legal remedies.

Interactions / Physical Service Terms

You expressly consent and agree that your interactions with us and our mailing hub partners, including, but not limited to on the phone, text, chat, verbally & physically on-site at your requested location, in our shops and/or hubs (if applicable) or any other location requested to conduct repairs or support related follow up, in addition to your engagement with this website, will remain respectful and may be recorded without further consent unto you, by either video and/or audio or other means within legal necessity, to provide the best customer experience and for our mutual protection. You further consent to the storage of this data and internal access thereof, with such data placed in your personal file/profile with Fix Factory Canada, with such data limited to access, and can be deleted upon owner request upon lawful grounds. Some data may be retained, even during deletion requests, as permitted by law and our privacy policy.

Payment

Important Notice - Quit Claim

IMPORTANT: You agree to quit-claim your device and/or our parts installed, to our possession until all invoiced totals have been cleared and paid in full. Should payment not be paid in a timely fashion (generally immediately post-repair) or no payment has been made at all, we may attempt to recover our parts installed (invoicing for additional labor to do so). In some cases, and on a case-by-case basis, We may not return the device until full payment is made based on the work authorized, completed and invoiced, whether originally agreed to or otherwise modified due to extra diagnostics, or for work performed and its corresponding technician time used in pre-diagnostics or level 5 diagnostics. We do NOT have a 'no fix, no pay' policy. Cost of Work completed will never exceed your originally invoiced or quoted total amount unless otherwise prior consented and agreed to. If pre-payment is made, the final invoiced total will be deducted from the pre-payment, and the difference will either be refunded or additional payment requested, depending on the final invoiced amount.

For example if there's motherboard work to be done, in addition to or in place of some components such as a display replacement request, when a display FPC Connector is required instead of a screen repair to make the device display correctly, we will contact you to give an updated estimated total and gain your consent to continue, otherwise we will continue with the originally invoiced amount/work order. Please note, diagnostics at the board level/level 5 may be additional and may not be included with pre-post repair diagnostics, your tech will advise you once they receive and pre-diagnose the device for repair. Technicians reserve the right to change repair order requests and invoiced amounts based on the work diagnosed, up-to and including the originally invoice total, if the result requested are the same. Should more work be required, or exceeds the originally invoiced/quoted amount, you (the client) will be contacted for consent and more information.

We reserve the right to refuse service to anyone for any reason at any time - be respectful.

You understand that your content (not including credit card information), may be transferred unencrypted (although it is typically encrypted at all times when transferring through SSL Certificates) and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Sensitive and Personally Identifiable Information, such as credit card information, is always encrypted and masked during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website(s), App(s), Service(s), use of the Service(s), or access to the Service(s) or any contact on the website(s)/App(s) through which the service(s) is provided, without express written permission by Us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Although we do make every effort and intention to provide complete, current and accurate content, We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting alternative primary or secondary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk, and is without warranty or guarantee for same.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products and services are subject to change without notice or if more information is gathered that changes quotes or dynamic prices of parts required. The markets are dynamic and we use just-in-time inventory control methods which are subject to market conditions.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will maintain our guarantee for a lifetime warranty so as long the company survives.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product(s) and/or Service(s).

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy and Terms of Service and Warranty/Guarantee Information.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate or that the pictures displayed reflect current market product image(s), although we regularly review our content and images for completeness, accuracy and timeliness in posting.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Specifically, we do not sell or market services or products for software diagnostics nor do We guarantee any optional and voluntary advice or information relayed by us for software or app diagnostics.

We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do provide free, warranty and guarantee, for products sold on all our sales channels. You may find this information and details here: https://www.fixfactory.ca/legal/lifetime-guarantee-warranty/

We reserve the right to refuse any order you place with us. A reason may or may not be provided. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made with Us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

See these links for more detail regarding guarantees, returns and extended warranty, and please review our returns policy.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Google Adsense and Google Ads

Please review Google, Google Adsense and Google Ads Privacy Policy and Terms of Service

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We may capture guest customer data before forms are submitted e.g. during checkout (not completed checkout). For more information on how we process, store and access your personal data, please refer to our privacy policy.

Your submission of personal information through the store is governed by our Privacy Policy. You may also learn how we handle your data in our Data Protection & Confidentiality Policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, images, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Further you MUST be of your age of majority or have guardian consent and knowledge to transact on any website that is managed by Fix Factory Canada, including but not limited to any websites owned by Fix Factory Canada or its Parent Company.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable, although we make every effort to ensure same.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service (except as expressly stated by us) are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied or written warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fix Factory Canada, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces/states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces/states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Fix Factory Canada and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, contactors and subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Alberta, Canada.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

If Your Covered Refreshed Product has two (2) service repairs completed for the same problem and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Covered Product will be replaced with a comparable product or a cash settlement will be provided. The cost of the replacement will not exceed Your Product’s original purchase price.

You agree that UNLESS OTHERWISE APPROVED, ON A CASE-BY-CASE BASIS, and REGARDLESS OF PAYMENT METHODS USED, appointments changed or cancelled by you, the customer, within 24 hours of the scheduled date and time will incur a $25 no show/cancellation/change/administration fee. In the event payment method negotiated was not credit card, a technician may still show up to collect the no-show/cancellation fee from your stated payment method in the future or at your preferred repair time (if already on route) or the $25+tax fee will be applied to any attempt orders to conduct business in the future. In rare occasions, and on a case by case basis by emailing, submitting a ticket or calling Us, where there are emergencies in which documentation may be requested, no show fees may be waived. You may stop a technician from arrival, if within 24-hours you have no-showed, cancelled or changed your preferred time, date or address, by simply paying the $25+tax fee for changes/cancellations/no-shows via email transfer to [email protected] or calling in with credit card information to process the fee.

If a technician is required from out of the local service area of Metro-Calgary, or your booked address is outside of the metro service area of Calgary, there will be an additional $25 added for a total cancellation / no-show administration fee imposed of $50 + applicable tax(es). This will be clear whether a technician is local or coming-out to from a neighboring area upon booking and payment pre-authorization.

No Show/Cancellation/Change Fees can be used towards your new order request within 7 days from the time of the cancellation/change/no-show, should you choose to create another order with us (at market rates, not previously discussed or agreed to costs).

If you have chosen Mail-In Order, once your order is in processing and a tracking number has been attached (for mailing out to us), the order will incur a $75 cancellation fee + the costs of shipping, any unrecoverable credit card processing fees and taxes on these fees, if cancelled and/or not shipped. If your order has already shipped to us, and a technician is scheduled there are additional fees for cancellation, if an altered repair is diagnosed and not accepted by you (the client). For example, if you book your fix and send us the wrong model of device, we have to have a tech diagnose, quote and update the fix order, and gain additional consent to change the order and move forward with the fix. If the updated quote and fix is rejected, the client is responsible for additional fees including, but not limited to:

Any Diagnostics or Services the Technician Required for an Updated Quote: $40

Administrative Tasks / Services to Process Cancellation/Return Part(s): $40

Returning EMT Fee Recovery / Credit Card Processing Fees: Subjective

Parts Holding / Return Fee (Mailed-In OOT): $25 - $75

No-Show // Cancellation // Change Fee: $25

Shipping Fees: $30

Your device may be withheld, pending invoiced payments if scheduled work was completed and cancellation occurred after the fact, and/or payment is withheld.

You agree that UNLESS OTHERWISE APPROVED, ON A CASE-BY-CASE BASIS, and REGARDLESS OF PAYMENT METHODS USED, appointments cancelled by the customer AFTER AN EXPRESSLY ORDERED & REQUESTED PART HAS SHIPPED from the VENDOR, whether it is in our core product range on backordered status or custom requested, may incur a $25 + tax administrative service fee, in addition to a restocking/holding stock fee equal to the part(s) requested cost(s), to cancel (usually between $25-50). Changes can be made of your preferred repair date while the parts are still in transit with no fees, however, if the part(s) have arrived and your order is confirmed, there will be a $25+tax fee to change the original preferred date and time. If you cancel completely, and we are unable to sell to another customer (in that same day received) or return for full credit/refund to that vendor, you will be liable for the entire cost of the part(s) + administration fees of $25 + tax. Generally, once your order is in processing, cancellations/changes are not accepted without these fees for these types of order requests and we may require a credit card on file to order custom/non-core/special/backordered core part(s).

In the event payment method negotiated was not credit card, a technician may still show up to collect the no-show/cancellation fee from your stated payment method in the future or at your preferred repair time (if already on route) or the $25+tax fee will be applied to any attempt orders to conduct business in the future. Your device may be withheld, pending payments if scheduled work was completed and cancellation occurred after the fact. In rare occasions, and on a case by case basis by emailing, submitting a ticket or calling Us, where there are emergencies in which documentation may be requested, no show fees may be waived. You may stop a technician from arrival, if within 24-hours you have no-showed, cancelled or changed your preferred time, date or address, by simply paying the $50+tax fee for changes/cancellations/no-shows via email transfer to [email protected] or calling in with credit card information to process the fee.

If you have chosen Mail-In Order, once your order is in processing and a tracking number has been attached (for mailing out to us), the order will incur a $75 cancellation fee + the costs of shipping, any unrecoverable credit card processing fees and taxes on these fees, if cancelled and/or not shipped. If your order has already shipped to us, and a technician is scheduled there are additional fees for cancellation, if an altered repair is diagnosed and not accepted by you (the client). For example, if you book your fix and send us the wrong model of device, we have to have a tech diagnose, quote and update the fix order, and gain additional consent to change the order and move forward with the fix. If the updated quote and fix is rejected, the client is responsible for additional fees including, but not limited to:

Any Diagnostics or Services the Technician Required for an Updated Quote: $40

Administrative Tasks / Services to Process Cancellation/Return Part(s): $40

Returning EMT Fee Recovery / Credit Card Processing Fees: Subjective

Parts Holding / Return Fee (Mailed-In OOT): $25 - $75

No-Show // Cancellation // Change Fee: $25

Shipping Fees: $30

Your device may be withheld, pending invoiced payments if scheduled work was completed and cancellation occurred after the fact, and/or payment is withheld.

Specific Policy Surrounding Covid-19 and General Epidemics/Pandemics

Customer Consent:

In exchange for being permitted to enter the premises of Fix Factory Canada (the "Business") or any such other premises agreed to in writing or in the terms of the repair contract/services (the "Premise(s)") to Drop-Off or Pick-Up Eligible Device(s) for Repair including ‘on-site’ (the "Activity"), You agree to the following as described in this contract.

Customer Agrees to Instructions and Requirements

You will follow all the instructions of the Business while on the Premises or in conducting business herein, including, but not limited to: https://www.fixfactory.ca/covid-19-response/

You agree not to enter the Premises or conducting business herein if You are experiencing symptoms of COVID-19 such as cough, shortness of breath, or fever, have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having COVID-19.

Customer Assumes the Risk

You are aware of the highly contagious nature of COVID-19 and the risk that You may be exposed to or contract COVID-19 by being on the Premise(s) or in conducting business herein and engaging in the Activity.

You acknowledge that You are voluntarily entering the Premise(s) or in conducting business to engage in the Activity with knowledge of the danger involved. You hereby agree to accept and assume all risks of personal injury, illness, disability, or death related to COVID-19, arising from your being on the Premises or engaging in the Activity, whether caused by negligence of the Business or otherwise.

Customer Releases Seller from Liability

You hereby expressly waive and release any and all claims, now known or hereafter known, against the Business and its owners, employees, affiliates, and officers, on account of injury, illness, disability, or death arising out of or attributable to my being on the Premises or engaging in the Activity and being exposed to or contracting COVID-19, whether arising out of the negligence of the Business, its owners, employees, affiliates, officers, or otherwise.

All trademarks are property of their respective holders. Fix Factory Canada does not own or make claim to those trademarks used on this website in which it is not the holder.

Questions about the Terms of Service should be sent to us at [email protected]

Coupons are subject to their individual terms (most have the terms in an email or the system automatically enforces each coupons terms) ; some may double or increase points when used, some may be multiple usage, some may be both of these benefits. When you use a coupon emailed to you at checkout, or use any of the coupons attached to the checkout area, you're accepting the terms of service and coupons terms of service herein. To participate in the Referral Program, Referrers should visit www.fixfactory.ca/referrals and follow the on-screen instructions to refer Friend and/or Family Members or Colleagues to the program by entering their contact information in the relevant fields. Learn more about the Fix Factory Referral + Coupon Program!

Vendors & Affiliates

Vendors and/or affiliates are bound by our Terms of Service, Privacy Policy, Return/Refund Policy, LFG - Lowest-Priced Fix Guarantee, Lifetime Warranty + Guarantee, including our Coupon, Referral Program & Affiliate Terms and Data Protection and Confidentiality Policies. Failure to comply with these policies and overall applicable laws in Canada will result in immediate deactivation and possible legal action(s).

Our Policy

Unfortunately, Fix Factory does not accept returns for products purchased elsewhere, or used devices, nor do we keep unpaid invoiced devices; these items will be denied and recycled after 30-days unless requested otherwise ([email protected]). We also do not buy used or broken devices from the public at this time.