The following terms and conditions (“Terms”) govern your use of wireless telecommunications equipment and accessories loaned to you by Fido Solutions (“Fido”).
Subject to these Terms, Fido will loan certain wireless telecommunications equipment and accessories, as listed on the Fido Repair Request (“Loaned Equipment”), to you for the time required to carry out the Repair on your own wireless telecommunication equipment (“Device”).
You acknowledge and agree that: any information or programming stored or inputted by you in the Device is not secure and will be erased during the repair process; SIM cards and SD cards are not secure and will be discarded during the repair process; neither Fido nor its authorized dealers/agents shall be responsible for a Device not claimed within 90 days from the date of Repair, and after such time, Fido or its authorized dealer/agent may deal with such Device in its sole discretion.
You agree: to use, protect and safeguard the Loaned Equipment with care and not to tamper, alter or repair the Loaned Equipment; that in the event of any malfunction, accident or damage to the Loaned Equipment, to immediately return the Loaned Equipment to Fido or its authorized dealer/agent.
You further acknowledge and agree that: a $50 deposit may be required while you are using the Loaned Equipment; Deposit tender is to be chosen at discretion of Fido or its authorized dealer/agent; in the event of loss, theft, destruction, damage of the Loaned Equipment or failure to return the Loaned Equipment, you shall forfeit the deposit; Fido has the right to keep the $50 deposit if you fail to return the Loaned Equipment within 14 calendar days from the date you are first notified that Device is ready for pick-up; the Fido Terms and Conditions and Acceptable Use Policy continue to apply to your use of Fido services with the Loaned Equipment; title to the Loaned Equipment shall at all times remain with Fido (unless and until Loaned Equipment becomes your property after paying the full replacement cost of the Loaned Equipment in accordance with these Terms).
To the maximum extent permitted by applicable law, Fido, and its directors, officers, employees, contractors, dealers or agents will not be liable to you or anyone else for any damages, costs, claims, loss, personal injury or loss of life directly or indirectly caused by, arising from or related to the Loaned Equipment or the use thereof (including, without limitation, defects, malfunctions or complete breakdowns in any device; electrical shocks, burns, fires, or explosions caused by any device; loss of profit, loss of earnings, financial loss or loss of business opportunities). This limit applies to any act or omission of Fido or its directors, officers, employees, contractors, dealers or agents, including, without limitation, any act or omission which would otherwise be a cause of action in contract, tort or any other doctrine of law.
You may not loan or otherwise share or transfer any Loaned Equipment to any other person or entity without the prior written consent of Fido. Fido may amend these Terms at any time, upon notice to you, and request immediate return of the Loaned Equipment, at any time. There are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, regarding these Terms or the Loaned Equipment other than as expressly set forth herein. The parties have expressly required that these Terms and all documents or notices relating thereto be drafted in the English language. Les présentes modalités et tous les documents ou avis qui s’y rattachent ont été rédigés en anglais à la demande expresse des parties.