Cellomat Israel Ltd.
Terms of Use
Terms of Use for the use of the automat for the purpose of sale and purchase of cellular phones - Kiosks
Cellomat (Israel) ltd. Is a company incorporated and registered in the state of Israel (“Cellomat”) offers you the use of its kiosks strictly under the following terms of use (“Agreement”). Please read this agreement carefully. By accessing or using our kiosks, you hereby represent that you have read , understood and agree to be bound by the terms of this agreement. You’re access to and use of our kiosks is conditioned on your acceptance of and compliance with this agreement. This agreement applies to all visitors, users and others who access or use our kiosks. This agreement may be amended or modified at cellomats sole descretion and it is your sole responsibility to review this agreement prior to any use of the kiosk. If you do not agree to all the terms of this agreement, you may not access or use our kiosks, and you shall have no claim and/or demand and/or suit against cellomat should you make any use of the kiosk.
1. About us
Cellomat is engaged in, inter alia, the development, manufacture, marketing and sales of self-service automated solution for sales and after-sales service of cellular phones, including automated mobile depot and dispenser console, and also software modules.
Cellomat uses sound business techniques and seeks to provide the user with a safe, secure and professional service.
2. Eligibility
You must be 18 or older to use our kiosks. You represent and warrant that you have full power and authority to enter into this Agreement and that, in doing so, you will not violate any other agreement to which you are a party.
3. Privacy Policy and Data
Our kiosks request certain information about you. In order to use our kiosks, you must provide certain information about yourself and the electronic device that you provide to Cellomat for sale (“Device”), including, and without limitation, your phone number, full name, IMEI, and you may also provide your Email address (“Personal Data”) and any other information requested by us. You agree to provide accurate, current and complete Personal Data. You acknowledge and agree that Cellomat will collect and store your Personal Data according to Cellomat’s Privacy Policy (defined below) and that it may be used and shared with law enforcement and others, to prevent fraud and help investigate crimes. You agree to, and release Cellomat from any liability in connection with, these activities.
Cellomat’s protection of data and process practices of data are reflected in Cellomat’s Privacy attached herein (“Privacy Policy”). You agree to Cellomat’s use of your Personal Data in accordance our Privacy Policy. It is hereby clarified that usage of the kiosk requires your consent to the Privacy Policy.
Without derogating from the above, Cellomat will do everything in its power to protect the user information provided to it. In cases where it is possible for a third party to gain access to the information you have provided to Cellomat, you hereby agree that you will not have any claim, argument or demand towards Cellomat.
It is clarified that Cellomat will not make use of the user’s details and / or any other personal data of the user in connection with the use of the kiosk, any use contrary to the purpose for which the user’s information was provided, and that such use will be in accordance with the Privacy Policy.
3. Privacy Policy and Data
Our kiosks request certain information about you. In order to use our kiosks, you must provide certain information about yourself and the electronic device that you provide to Cellomat for sale (“Device”), including, and without limitation, your phone number, full name, IMEI, and you may also provide your Email address (“Personal Data”) and any other information requested by us. You agree to provide accurate, current and complete Personal Data. You acknowledge and agree that Cellomat will collect and store your Personal Data according to Cellomat’s Privacy Policy (defined below) and that it may be used and shared with law enforcement and others, to prevent fraud and help investigate crimes. You agree to, and release Cellomat from any liability in connection with, these activities.
Cellomat’s protection of data and process practices of data are reflected in Cellomat’s Privacy attached herein (“Privacy Policy”). You agree to Cellomat’s use of your Personal Data in accordance our Privacy Policy. It is hereby clarified that usage of the kiosk requires your consent to the Privacy Policy.
Without derogating from the above, Cellomat will do everything in its power to protect the user information provided to it. In cases where it is possible for a third party to gain access to the information you have provided to Cellomat, you hereby agree that you will not have any claim, argument or demand towards Cellomat.
It is clarified that Cellomat will not make use of the user’s details and / or any other personal data of the user in connection with the use of the kiosk, any use contrary to the purpose for which the user’s information was provided, and that such use will be in accordance with the Privacy Policy.
4. Removal of Device Content
By depositing the Device (as specified below) sold at the kiosk, you are required to delete and remove from the Device sold any content and / or information that is in the device being sold, and which you do not want to be visible to any third parties.
Without derogating from the above, it is clarified that after the sale of the Device the Device will be data-wiped removing all the following content without limitation: Email contacts, Contact Lists, Text Messaging (SMS/MMS), Pictures on Device, Video on Device, Phone Numbers, Downloads, Call History, PIN to PIN conversations (“Device Content”) and you provide your full consent as to the deletion of the Device Content.
Notwithstanding the above, we do not guarantee or warrant that all the Device Content will be removed from your Device. You hereby release and hold Cellomat harmless from any access or use of any Device Content by Cellomat or any third parties that may subsequently acquire the Device. Cellomat shall not be responsible or have any liability for any losses suffered by you as a result of any Device Content that is accessible from the Device. YOU’RE PROVISION OF ANY DEVICE, INCLUDING ANY DEVICE CONTENT ACCESSIBLE THEREIN, TO CELLOMAT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CELLOMAT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO YOUR DEVICE OR ANY DEVICE CONTENT ACCESSIBLE THEREIN.
5. Sale of the Device
When you sell your Device through a Cellomat kiosk, you agree, acknowledge and understand that Cellomat has full and sole discretion whether to purchase your Device or not, and it is clarified that Cellomat is not under any obligation to do so at any case. All offers to purchase a Device are made solely on behalf of Cellomat and it is hereby clarified that only Cellomat shall evaluate the price for the Device through the kiosk.
After depositing the Device sold at the kiosk, a valuation of the device sold by Cellomat through the kiosk will be performed (hereinafter: “Valuation”). It is clarified that any Valuation is carried out at the sole discretion of Cellomat, whose determination in this matter will be final and decisive, and it will not be possible to appeal Cellomat’s determination in the matter of such valuation.
In the event a transaction is being made after you accept Cellomat’s offer according to Cellomat’s valuation of the Device, you will be entitled to the consideration for the sale of the Device. The consideration shall be displayed in the form of a gift card or a voucher . .
Sale of a Device through our kiosk is final, and there are no returns or refunds, except as required by law. Once a transaction as aforesaid has been completed, Cellomat will have no obligation to return any Device and/or any Device Content.
6. Unlocking the Device
In the event your Device, including any functions and applications in it, are locked and/or blocked in any way, you are obligated to unlock and/or unblock them entirely before you sell your Device to Cellomat (and for avoidance of doubt – before you enter the Device to the kiosk), and if such Device has a permanent code for unlocking the Device itself or any of its components you must provide the code to Cellomat through the kiosk.
7. Purchase of Refurbished Device
You also have the option to purchase an electronic device from Cellomat through a Cellomat kiosk (“Refurbished Device”). By doing so you agree, acknowledge and understand that the Refurbished Device that Cellomat offers you for purchase is a refurbished device which has been previously used and has been re-packaged for the purpose of re-sale.
You also agree, acknowledge and understand, that a purchase of a Refurbished Device, if executed, shall be at your sole discretion and at your own risk.
A transaction will be made after you accept Cellomat’s offer to purchase a Purchased Device displayed at a Cellomat kiosk, by payment to Cellomat the full consideration for the Purchased Device as specified in the aforesaid offer, and according to the payment terms specified therein. The consideration shall be displayed in NIS, and will be made by a credit card through Cellomat kiosk.
It is hereby clarified, that for the payment as aforesaid you shall have to provide Cellomat, through the Cellomat kiosk, credit card details as shall be required (“Credit Card Details”). The Credit Card Details are not stored by Cellomat in any case, and are required only for the performance of the aforementioned transaction. By providing the Credit Card Details and by your approval of this Agreement you agree for the use of the Credit Card Details by Cellomat for the purpose aforementioned, and you acknowledge that it shall be used by Cellomat trough a third-party supplier for the clearing of the required payment. Without derogating from the above, the Credit Card Details shall be considered as an integral part of the Personal Data definition above and therefore it also shall be subject to the provisions of our Privacy Policy.
Warranty for the Refurbished Device will be given for a period of 12 months, in accordance with what is stated in the warranty, and will apply to mechanical or electronic faults that originate from a manufacturing defect only. The warranty will not apply to breakages, moisture damage or fire damage caused to the Refurbished Device, nor to damages or malfunctions to Refurbished Devices, which originate in the following: use not in accordance with the manufacturer or company instructions, negligence on your part or on your behalf, including faults in the electricity or communication network. The warranty will also be revoked in the event that treatment, repair or change has been carried out by someone who is not authorized by Cellomat. Additional information about the validity of the warranty can be obtained at any time in one of the following ways: (1) by calling Cellomat customer service Contact the company’s website at: _________.
Completion of the purchase procedure of the Refurbished Device is conditional on the approval of the credit card company to carry out the transaction, as well as the fact that the requested product is in stock at the time of completion of the sale procedure. For the avoidance of doubt, the billing of the customer is not a confirmation of accepting his offer. In case the transaction is not approved by the credit company the order will be considered void. Entering credit card information at the time of sale is encrypted according to the PCI DSS standard. In cases beyond the control of Cellomat and / or arising from force majeure, Cellomat will not be liable for any damage of any kind, indirect or direct caused to the user or anyone on his behalf and / or if this information is lost or reaches a hostile party and / or used without permission.
Cancellation of the purchase of the Refurbished Device will be made within 14 days from the date of purchase, in accordance with the provisions of the Consumer Protection (Cancellation of Transaction) Regulations, 2010. This provision only applies if you return the goods without being damaged and without using them. In order to receive a refund, an invoice or other proof of the actual purchase, at the time it was made, must be presented. We will refund you the amount you paid, or cancel your charge, less a cancellation fee of 5% of the transaction price or NIS 100, or another amount to be determined by law, the lower of the two, as well as a credit card clearing fee for the canceled transaction, if the billing company charged us a billing fee. More information about returning products can be obtained at Cellomats website at: _________.
8. Warranty for the Purchased Device
9. Title and Risk Risk
of loss and damage regarding the Refurbished Device shall pass to you upon delivery of the Refurbished Device at the Cellomat Kiosk.
Title to the Refurbished Device, shall pass to you upon satisfaction of full payment. Prior to such payment, title of the Refurbished Deviceshall remain with Cellomat.
10. Your Representations and Warranties
As the owner, seller or purchaser of a Device, you represent and warrant that (a) You are 18 or older, you are the only legal owner of the Device and that you have the full right to transfer all right, title and interest in the Device to Cellomat, and nothing prevents you from selling the Device to Cellomat; (b) The Device, including any functions and applications in it, are not locked and/or blocked in any way and if it has permanent code for unlocking of the Device you shall provide it to Cellomat according to this Agreement; (c) The Device is the entire device and not part(s) of an electronic device; (d) The Device has not been stolen or was obtained by fraudulent means, or any other unlawful means; (e) The Device is not a fake, counterfeit, imitation, mock‐up, dummy or reproduction of any other device; (f) In the event that any Device you sell to Cellomat is determined to be stolen, is requested by law enforcement pursuant to an investigation and held as evidence, or is returned to the rightful owner upon a determination that the Device is or was stolen, Cellomat has the right to collect civil restitution from you to recover the value we paid you for the Device and may also seek other remedies; (g) If a prior transaction between you and Cellomat resulted in any monetary loss for Cellomat due to your breach of this Agreement or your failure to follow our instructions regarding the Device you offered for sale, we reserve the right to offset future transaction amounts in order to cover such losses; (h) The Device is free from all liens or encumbrances of any kind; (i) Once you sell your Device to Cellomat, you are transferring all rights, title and interest in and to the Device and any Device Content remaining on the Device to Cellomat; and (j) You will not restrict or inhibit any other potential customer from using the kiosk.
11. Third Party Content
We may provide third party content on the kiosks. We do not control, endorse or adopt any third party content and make no representations or warranties of any kind regarding such content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any third party content and undertake no responsibility to update or review such content. You access and use such content at your own risk.
12. Warranty Disclaimer
THE SERVICE PROVIDED UNDER THIS AGREEMENT IS PROVIDED BY CELLOMAT ON AN “AS-IS” BASIS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW CELLOMAT HEREBY EXCLUDES AND DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, THAT ARE NOT EXPLICITLY PROVIDED FOR IN THIS AGREEMENT WHETHER WRITTEN OR ORAL, STATUTORY, CUSTOMARY, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
YOU EXPRESSLY AGREE THAT CELLOMAT DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE KIOSKS WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE KIOSKS AND YOUR RELIANCE THEREON.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELLOMAT 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 KIOSKS, WITH THE DELAY OR INABILITY TO USE THE KIOSKS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KIOSKS, OR OTHERWISE ARISING OUT OF THE USE OF THE KIOSKS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CELLOMAT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/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 KIOSK, OR WITH ANY OF THESE TERMS OF THE AGREEMENT, YOU’RE SOLE AND EXCLUSIVE REMEDY IS NOT TO USE CELLOMAT’S KIOSK.
14. Indemnification
You agree to indemnify, defend and hold Cellomat harmless, its officers, directors, employees, agents and third parties, for any losses, costs, damages, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the kiosks, the Personal Data and Device Content you Provide, 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. Cellomat 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 event you will fully cooperate with Cellomat in asserting any available defenses.
15. Governing Law & Jurisdiction.
This Agreement is governed only by the laws of the State of Israel. When you use the kiosk, and in the event that any dispute arises, you hereby give your consent, that the above is under the exclusive jurisdiction of Israeli law, in the competent court in the Tel Aviv district. If and to the extent that a court (or other judicial tribunal) that a provision of these Terms of Use is illegal and / or invalid, then this will not invalidate the other provisions of the Terms of Use and / or the parts of the same provision that were revoked and / or reduced by the court.
16. Contact Us
For any questions regarding the Agreement please contact us at info@cellomat.com.
We hope you find the usage of the Kiosk to have been efficient and convenient.
Sincerely and Good Luck,
Cellomat.
Last update of Terms of Use: __________
