Terms, Conditions and Warranty
OVERVIEW
This website is operated by PhoneAxiom Express Device Repair. Throughout the site, the terms “we”, “us” and “our” refer to PhoneAxiom Express Device Repair. PhoneAxiom Express Device Repair offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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.
You may not use our products 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 of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service 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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
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.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products or services are subject to change without notice.
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 shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
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.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the website.
We cannot guarantee that your computer monitor's display of any color will be accurate.
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 any time 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 at our website.
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.
SECTION 7 - OPTIONAL TOOLS
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.
SECTION 8 - THIRD-PARTY LINKS
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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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 are 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.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
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, 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.
SECTION 12 - PROHIBITED USES
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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.
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 are (except as expressly stated by us) 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 warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PhoneAxiom Express Device Repair, 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 states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PhoneAxiom Express Device Repair and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, 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.
SECTION 15 - SEVERABILITY
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.
SECTION 16 - TERMINATION
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).
SECTION 17 - ENTIRE AGREEMENT
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.
SECTION 18 - GOVERNING LAW
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 our country.
SECTION 19 - CHANGES TO TERMS OF SERVICE
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.
SECTION 20 - CONTACT INFORMATION
For questions about the Terms of Service, please contact us.
Terms of Service/Warranty/Return Policy
EACH PHONEAXIOM EXPRESS DEVICE REPAIR, INC CUSTOMER IS REQUIRED TO FILL OUT A WORK AUTHORIZATION, EITHER WRITTEN, DIGITAL OR VERBAL, PER REPAIR/VISIT, WHICH INCLUDES THE TERMS OF SERVICES SHOWN BELOW:
Condensed version: By leaving your device or initiating a repair at PhoneAxiom Express Device Repair, you understand that a minimum labor fee of $75 will be expected, regardless of if a repair is successful or not, for the time spent on your device. Please note that any device repair may affect liquid resistance as original seals will be removed and replaced, where applicable. All repairs come with a lifetime defect warranty on parts. Any glass damage or other abuse voids any such warranties. We attempt to quote accurate appointment and repair times, however we cannot predict traffic in the store, repair complications or shipping times for parts. Please be patient with us as we attempt to complete your repair as quickly as we can. If a device is left over thirty (30) days after pickup notification is sent, we will treat the device as abandoned property and reserve the right to recycle or sell the device. All device purchases come with a 90 day defect warranty and will be exchanged only (no refunds). Any canceled repair will result in a 15% cancellation fee, no exceptions. Devices and accessories returned within our 14 day return policy will have a 15% restocking fee.
Authorization of Work. I (hereinafter “Customer”) hereby grant permission to PhoneAxiom Express Device Repair, Inc. (the “Company”) and any agents thereof to perform any services deemed necessary by the Company to repair, replace, or otherwise modify my device (the “Service”). The scope of the work performed shall be negotiated between Customer and Company prior to the commencement of the Service. In the event that any negotiated term conflicts with an express term in this Agreement, this Agreement shall prevail.
Payment, Refund and Substitute Service. Payment is due in full at the time of Service unless otherwise agreed upon by the parties. All agreed upon fees shall be binding and due in full whether or not the Service is successful. If Customer is unsatisfied with the Service, the Company may, at their sole discretion, provide a refund or substitute performance acceptable to Customer. The Company is in no way obligated to issue a refund or provide substitute performance for any Service.
Warranty. Notwithstanding the provisions of §D of this Agreement, the Company warrants Services successfully performed for the lifetime of the device or the Customers ownership of the device, whichever comes first, of defective workmanship including replacement parts, unless otherwise stated. If Customer notifies Company of a warranty claim, Company shall use its best efforts to rectify any faulty Service. If Company determines, in its sole discretion, that a defect with the device is attributable to Customer’s misuse, abuse or negligent handling of the device; this provision shall be null and void.
Water-Resistant Devices. The Company cannot guarantee that water resistant devices will remain so after being repaired. We advise you to take the necessary precautions in relation to water resistant devices and you agree to release us from any loss or damage as a result of your device ceasing to be water resistant.
Right to Refuse. The Company, in its sole discretion, reserves the right to refuse work that it believes is beyond the scope of its ability or for any other cause.
Abandonment. If Customer does not pick up the device within thirty (30) days after Company notifies Customer that Service is complete, Company will treat the device as abandoned. Customer agrees to hold Company harmless for any damage or claim for the abandoned property. In the event of abandonment, Customer is still liable for charges incurred during the performance of Service.
Customer Warranties. Customer warrants that:
Customer is the owner of the device submitted for Service. In the event that Customer is discovered not be the true owner of the device, Customer nonetheless assumes all liability for any claim made as the result of the Service.
Customer acknowledges that Company is not an authorized Apple, Samsung or any other brand or manufacturer service dealer, and that technical support or repair services rendered Company may void manufacturer warranties. Company does not assume any liability or warranty in the event that manufacturer warranties are voided. Customer agrees to release, indemnify, and hold harmless Company from liability for any claims or damages of any kind or description that may arise from any Service performed on the device.
Customer has backed up all data stored on the device, which it wishes to preserve. Customer understands that the data on this device is not the responsibility of Company and that such data may be lost during or after the Service.
Customer acknowledges that Company will assume ownership of items not claimed within thirty (30) calendar days. Customer acknowledges that Company will pursue any remedies available by law to recover amounts due for unpaid services.
Customer must be forthcoming regarding any previous repairs completed on device either by The Company or other parties. In the event of damage occurring during repair due to faulty installation from previous repair The Company is not liable for such damage. A resolution will be presented and customer has the right to accept or decline.
Waiver of Liability and Limitation of Damages. The Company shall not be liable for any loss of data or component failures which may occur during or after the Service, any loss of profit or any direct, indirect, special, incidental, or consequential damage occurring during or after the Service, or any damage or failures resulting from third party software installed during or after the Service. It is Customer’s sole responsibility to back up any data contained on Customer’s device and this section shall be adequate notice to Customer of such duty. CUSTOMER EXPRESSLY WAIVES ALL CLAIMS FOR LIABILITY AND/OR LOSS INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY OCCUR AS A RESULT OF ANY SERVICE, OR FAILURE TO PERFORM SERVICE. In the event that Company acknowledges liability for any warranty or Service under this Agreement, Customer acknowledges that Company’s maximum liability shall be the amount payable for the Services negotiated between the parties.
Indemnification. Customer agrees to indemnify and hold harmless Company and its officers, directors, employees, agents, representatives and counsel from any and all claims, losses, liabilities, damages, reasonable costs or expenses (including attorney’s fees) whatsoever, as incurred, based on any claim that any content provided by Company or Customer infringes any copyright, trademark, trade secret, patent or any other property right of a third party.
Termination. Company may terminate this Agreement at any time, with or without cause, by giving written notice of termination to Customer. Upon receipt of such notice Company will return device to Customer and cease the performance of any Services. This Agreement will terminate automatically upon the receipt of all outstanding amounts payable by Customer for Services by Company.
Assignment. This Agreement is a unique contract and shall not be assigned by either party.
Entire Agreement; Severability. This Agreement constitutes the complete and entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes, merges, and voids all negotiations, prior discussions, and prior agreements and understandings, whether written or oral, relating to the subject matter hereof. This Agreement may not be altered or amended except by agreement between the parties. Should any clause or provision of this Agreement be held or deemed unenforceable or illegal by any court, the remaining provisions of this Agreement shall survive and be fully enforceable as if the unenforceable or illegal provision was never included herein.