Terms & Conditions

Agreement between User & Fixpal.ca ("Fixpal Inc.")

The Fixpal.ca website (the "Site") is comprised of various web pages operated by Fixpal Inc. Fixpal.ca is offered on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Fixpal.ca constitutes your agreement to all such Terms. Please read these terms carefully.

By rendering our services, you certify that you are authorized to authorize the said repair, and you understand and agree to the following:

You accept ALL of the risks associated with the repair. This includes but is not limited to the failure or functionality of any and all hardware or software associated with your electronic device, cell phone, tablet, computer, or data storage device, including any failure that occurs while attempting the repair. You are aware of the importance of backing up your data and software. Fixpal is not responsible for any data loss. You agree NOT to hold Fixpal responsible for the loss or corruption or consequences of the failure to recover any data or software residing on your computer system or data storage device.

In-Store Electronic Signature Acknowledgment

By signing the intake signature, you agree that your electronic signature is legally the binding equivalent of your handwritten signature. Whenever you execute an electronic signature, it has the same validity and meaning as your handwritten signature. You will not, at any time in the future, repudiate the meaning of your electronic signature or claim that your electronic signature is not legally binding.

Accessing Data on Customer Devices During Pre & Post Repair Test

As part of our required diagnostic testing, certain applications containing customer data (such as front and rear camera, dial pad, and messaging applications), may need to be accessed to thoroughly test the device’s functionality. This process is essential to ensure we have done our due diligence in repairing your device to the best of our ability. This information is never intentionally exposed in any way and will not be mishandled or sold to third-party companies for any purpose. Fixpal will never transfer or copy data on a customer's device to any other equipment without the customer's express consent or unless the operation is required to complete the services requested by the customer.

Payment for Repair Service

Payment must be received in full before the device is returned to the customer. The device becomes the property and full ownership of Fixpal Inc if the device is not picked up within fourteen (14) days of completion. You understand and agree if your device is not picked up within fourteen (14) days of completion, Fixpal may, at its discretion, donate your device for recycling, to sell, or otherwise recover our parts and labor cost. A non-refundable repair deposit may be required for parts that require a special order to be placed.

Replacement Repair Parts

You recognize and agree that Fixpal Inc. is an independent, third-party repair company not affiliated with Samsung, Google, or Apple's original manufacturer. Like any repair provider outside the original manufacturer, Fixpal does not always have access to original equipment manufacturer (OEM) parts.You agree that after any service is performed, the damaged parts that are removed and replaced during the repair service become the property of Fixpal Inc. Upon payment for any repair or service, you forfeit any claim on the damaged parts that were replaced during the repair or their value.

Manufacturer Warranties

You recognize that Fixpal is a third-party independent repair company and we are not affiliated with any original manufacturer or insurance company and that having your device repaired or worked on by Fixpal may void any manufacturer warranty or ability to utilize insurance providers. Fixpal is not responsible for any warranty that is considered void after repair services by Fixpal.

Indemnification

You agree to indemnify, defend and hold harmless "Fixpal Inc.", its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or in-person services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. "Fixpal Inc." reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which the event you will fully cooperate with "Fixpal Inc." in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIXPAL INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FIXPAL INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIXPAL INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIXPAL INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIXPAL INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Changes to Terms

Fixpal Inc. reserves the right, in its sole discretion, to change the Terms under which Fixpal.ca is offered. The most current version of the Terms will supersede all previous versions. Fixpal Inc. encourages you to periodically review the Terms to stay informed of our updates.