LAST UPDATE TO THE TERMS OF USE: 20 April 2015
Thank you for selecting www.GoTooky.com (referred to as “Site”, “GoTooky.com”, “GoTooky”, "we", "our", or "us"). Please read these Terms of Use ("Terms") carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated services (the “Agreement”).
By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
These Terms govern your use of the Site and its associated and services including submitting your device to us for sale, selling your device to us, advertising, all communications, content, updates and new releases, (collectively, the "Services"). It includes by reference the Site’s Privacy Policy. All of the Site and Services are within the scope of this Agreement. “Devices” means mobile devices including phones and tablets as shown on the Site from time to time.
You must be 13 years or older to use the Site and you must be 18 years or older to submit a device to us or use our Services. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
You agree that we are not liable for content that is provided by others. We have no duty to screen content supplied by others, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.
We may discontinue or change any GoTooky content, Service, function or feature at any time with or without notice.
If you wish to register for a GoTooky account through the Site you will need to use a name. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Site. GoTooky reserves the right to reject or remove any username.
8.1 NO Lost or Stolen Devices: Selling a mobile phone or device which you do not own may amount to a criminal offence. GoTooky.com does NOT purchase devices that are stolen.
8.2 Use of CheckMEND: We will check the IMEI/serial number of all mobile phones and devices received on the CheckMEND (www.checkmend.com) database of lost and stolen property records to ensure no lost or stolen items are purchased. If a mobile phone or device is found to have a record that indicates it has been lost or stolen or we become aware of any other issue relating to its ownership, we will notify the seller by email and “isolate” the mobile phone or device for an initial period of 28 days ("the Isolation Period"). Payment processing for the device will be withheld by us until the CheckMEND record does not show the mobile phone or device as lost or stolen. In such circumstances the customer will be required to contact CheckMEND to prove that you are the rightful owner of the device and have the lost or stolen records associated with it cleared within the (solation Period) and/or resolve any other issue relating to its ownership. If during the Quarantine Period the mobile phone or device is cleared on the CheckMEND database and any other issue relating to ownership of the same is resolved, your sale will be processed and paid for as normal.
8.3 Isolation Period: During the “Isolation Period” if the device is cleared on the CheckMEND database and any other issue relating to ownership of the same is resolved, the sale will be processed and paid for as normal. However, where the device is not cleared on CheckMEND within the Isolation Period, we will be required by law to hold onto the mobile phone or device, pass it to the police or other law enforcement or dispose of it, and by entering into this agreement, you expressly agree to this action. You will not receive any payment if such steps are taken.
8.4 No Payment for Lost or Stolen Devices: We will not under any circumstances return or pay for a mobile phone or device which is lost or stolen or recorded as such. If you have received payment from us for a mobile phone or device which we subsequently become aware of an issue relating to ownership, you agree to immediately reimburse us in full, within 3 business days following a written request by us, for any such payment pending an investigation by us or any law enforcement body into ownership of the device or mobile phone. If we at any time become aware of any issues relating to the ownership of the mobile phone or device, you agree to co-operate with us fully with a view to resolving the issues.
8.5 Disclosure to Law Enforcement: You may also be contacted by the Police and/or other law enforcement authorities. We may disclose seller details to the Police or other authorized bodies (such as, but not limited to, network operators and insurance companies) for the purpose of investigating or preventing a crime. By entering into this agreement you agree to us supplying data to the police or other authorized bodies for the purpose of the prevention and detection of crime, arrest and prosecution of offenders or for the recovery of stolen property.
9.1 You Must Only Submit a Device You Own: You must be the legal owner of any device you submit to GoTooky.
9.2 Transfer of Ownership: Ownership of the device transfers from you to us when:
9.3 Condition of Devices: Each device must match the make and model in the sell order and meet the following conditions:
9.4 Apple Devices and iCloud: Apple iPhones and Apple devices must not be “activation locked”. Apple phones/devices must be unregistered (removed) from any iCloud account.
9.5 Removal of SIM Cards: You should remove your SIM card before sending us your device/phone. If we receive devices with the SIM cards still intact, we are required to destroy them in order to protect your privacy. We are not liable if a SIM card is sent to us and charges are then incurred. Rather, you will continue to be responsible for any such charges. Any SIM cards received by us are non-returnable. Please remember that by sending your device to us, you agree to release us from all and any claims, losses or damages with respect to:
GoTooky are not responsible for the security, protection, confidentiality or use of such data and it is your responsibility to ensure that such data is removed from the device prior to you sending it to GoTooky.
9.6 Accessories (including chargers): GoTooky does accept device battery chargers and other accessories. However, such inclusions will not increase the value of your sale. We may not be able to return accessories or original your packaging (box) if you request your device be returned to you.
9.7 Cancellation of Device Service Contract: You should promptly cancel any contracts for coverage for your device with your service provider. You are responsible for cancelling any contract linked to your device. GoTooky are not responsible for any call costs arising before, or after, receipt of your device, or arising from any other circumstances whatsoever.
9.8 Consumers (Individuals): By submitting your device to GoTooky, you confirm that:
If you deal with GoTooky as a consumer, any provision of this Agreement that is of no effect to a consumer shall not apply. Your statutory rights are not affected by this Agreement.
9.9 Businesses: By submitting your device to GoTooky, you confirm that:
9.10 Non-compliant Devices: If your device fails to meet our terms and conditions we will propose an adjusted price by email.
If you decide to decline our new offer, we will gladly to return your device free of charge. We have the final decision on all device prices and sales in our sole discretion.
Devices must be packaged in accordance with the GoTooky packaging instructions to ensure safe and successful delivery to us. GoTooky provides free shipping within the Continental United States, through our partnership with the USPS, on transactions of at least $3. You may only use another shipping provider at your own expense.
11.1 Payments: GoTooky payments will be made to you via PayPal or by check. You will be required to select a payment option when placing each online sell order. Your selected payment option cannot be changed once your sale order is placed. When we receive your sale items, we will check that the device is as described and that it meets our terms and conditions. Providing your device complies, we will post/make payment to within 24 hours of receipt (Monday to Friday, excluding public holidays).
11.2 Payment via PayPal: GoTooky payments to you via PayPal are subject to PayPal’s Terms and Conditions.
11.3 Payment by Check: Check payments can only be made to the name and address given when you register your GoTooky account. If you have damaged your check you can have it reissued, free of charge, by posting us a written request and including the damaged check to the following address: GoTooky Mobile Accounts [insert address]. If the damaged check is not received by us, a cancelation fee applies and is deducted from the re-issued check value. If you have lost your check, you can request for it to be cancelled and re-issued. A cancellation fee applies and deducted from the re-issued check.
11.4 Offer Expirations and Price Changes: The prices offered on the GoTooky Site are subject to change at any time without notice. When your sale order has been placed, the prices quoted are guaranteed for 14 days from the “Order Approved” date. If your device is received by us later than 14 days from the “Order Approved” date, the up-dated, current Site price will apply. Site prices are adjusted every 30 days.
You may cancel your device sale to us at any time up to the time when you send us the device. You need not give us any reason for cancelling your sale but you must notify us in writing in order to cancel. Other than if the device does not meet our terms and conditions, the sale cannot be cancelled after you have sent your device(s) to us.
13.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold GoTooky liable for any disputes you may have with such third party supplier.
13.2 Links: This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting GoTooky.com.
Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.
You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.
15.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from GoTooky.
15.2 License to Host Your Content: In these Terms, "your content" means all works and materials (including but not limited to text, images, documents, comments, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
15.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.
You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not GoTooky that will be liable.
15.4 Copyright Infringing Content: A portion of the Site’s content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).
We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us at [insert email or Contact URL] with the following information:
You must not:
The GoTooky Privacy Policy is provided on this Site. You agree to our Privacy Policy, and to any changes published by us. You agree that we may use and maintain your data according to the GoTooky Privacy Policy, as part of the Services.
19.1 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way.
19.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
19.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
19.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
By submitting your device to GoTooky through this Site, you represent and warrant that your device complies with these terms. You further represent and warrant to us that:
You agree to indemnify and hold harmless GoTooky and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. GoTooky reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by GoTooky in the defence of any claims.
GoTooky reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
GoTooky will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
28.1 Entire Agreement: This Agreement incorporates by reference our Privacy Policy which collectively with this Agreement contain the entire understanding between the Parties and supersede all prior representations, agreements, statement and understandings, either verbal or in writing.
28.2 Governing Law: You agree that the laws of the state of Tennessee USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Tennessee, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS IN ENGLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
28.3 Assignment and Binding Agreement: This Agreement between you and GoTooky.com is binding on you and us and our respective successors and assigns. You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
28.4 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
28.5 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us at [insert email or Contact URL].
28.6 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
28.7 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
28.8 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
28.9 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
28.10 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
LAST UPDATE TO THE TERMS AND CONDITIONS: 20 April 2020