Thank you for your participation in the FidoTRADE program which allows you to trade in a used Device (as defined below) in exchange for a Credit (as defined below) (collectively, a “Trade”). Please note that any reference to “trade in” simply indicates that Fido is facilitating the collection of your used Device (“Trade-in Device”) and receiving it on behalf of a third party company, Flipswap, Inc. Fido is not taking ownership of, or reselling, any Trade-in Device that it receives through a Trade. These FidoTRADE Terms & Conditions (the “T&Cs”) supplement the Fido Terms and Conditions available at fido.ca/terms, and form part of our agreement with you for the purposes of this Trade. Unless otherwise defined herein, capitalized terms have the meaning given to them in the Fido Terms and Conditions. By participating in the Trade, you acknowledge that you understand and agree to these T&Cs, as outlined below.

1. Eligibility. Trade available at participating stores to new or existing Fido customers, except for employees of Fido and Rogers Communications Inc. or any of their subsidiaries or dealers. Certain wireless phones and Internet sticks, as determined by Fido from time to time (each a “Device”), will be eligible to be traded in. Please enquire about eligibility at a participating store. New Fido monthly plan customers: Trade only available with new activation and purchase of a new Fido Device with a Fido Agreement, or with purchase of a new Fido Device at full retail price on a month-to-month plan. Existing Fido monthly plan customers: Trade only available with purchase of a new Fido Device and a Fido Agreement renewal, or with purchase of a new Fido Device at full retail price on a month-to-month plan. Fido Prepaid customers: Trade only available with purchase of a new Fido Device at full retail price with a new or existing Fido Prepaid account.
2. Credit. Trade-in Device must be surrendered at the time of trade-in and will not be returned to you under any circumstances. In exchange for trading in your Trade-in Device, you will receive a Fido credit (“Credit”), which will be applied after taxes, as follows:
   

   i) New Fido monthly plan customers and Prepaid customers: Credit will be applied in-store to the price of the new Fido Device purchased. If new Fido Device price is less than Credit amount, remaining Credit must be applied towards concurrent purchase of accessories and/or another new Fido Device for the same account, or you will lose the remaining Credit.

   ii) Existing Fido monthly plan customers: Credit will be applied to your Fido account for the new Fido Device purchased, and will appear on one of your next two invoices. You acknowledge that under no circumstances will you be reimbursed for any Credit remaining on your Fido account, even in the event that you cancel your Fido service.

   ONCE THE TRADE-IN IS COMPLETE, UNDER NO CIRCUMSTANCES WILL YOUR TRADE-IN DEVICE BE RETURNED TO YOU OR YOU BE COMPENSATED FOR THE AMOUNT OF THE CREDIT. WITHOUT LIMITNG THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT IF, AFTER YOUR TRADE-IN, YOU DECIDE TO RETURN YOUR NEW FIDO DEVICE, YOU WILL BE REIMBURSED THE PRICE YOU PAID FOR YOUR NEW FIDO DEVICE, BUT YOU WILL LOSE THE VALUE OF THE CREDIT, AND THE TRADE-IN DEVICE WILL NOT BE RETURNED TO YOU.

3. Trade-in Value.The trade-in value of the Trade-in Device is determined using a third-party tool. Fido makes no representation that the trade-in value assigned to a Trade-in Device is equivalent to the fair market value. The trade-in value varies depending on the date of trade-in, Trade-in Device model and condition and other factors, and may be zero. Trade-in value is final and non-negotiable. Under no circumstances will the trade-in value be provided to you in cash form, or in any form other than the Credit described in section 2.
4. Your Personal Information and Our Privacy Policy. You agree to provide accurate and current personal information as requested by us, including but not limited to your name, Fido account number and Fido wireless phone number. You agree that we may disclose such personal information to our third-party agents and service providers in connection with the operation of the Trade. Fido respects the privacy of our customers. Our collection, use and disclosure of personal information in connection with the Trade are governed by our Privacy Policy located at Privacy Policy. Personal information collected in connection with the Trade may be stored and processed in or outside Canada and may be accessed by the courts, law enforcement and national security authorities of that jurisdiction.
5. Your Representations.You represent that you are the sole and rightful owner of the Trade-in Device, that the Trade-in Device is free from any liens or claims by any third parties, and that the condition, specifications and other representations you provide regarding the Trade-in Device are accurate.
6. Your Responsabilities. IT IS YOUR RESPONSIBILITY TO REMOVE YOUR SIM AND MEMORY CARD AND ANY ACCESSORIES, IF APPLICABLE, AND DELETE ALL PERSONAL/SENSITIVE DATA FROM THE TRADE-IN DEVICE BEFORE YOU TRADE IT IN. FIDO IS NOT RESPONSIBLE FOR REMOVING DATA FROM THE TRADE-IN DEVICE AND CANNOT GUARANTEE THAT ANY DATA LEFT ON THE DEVICE WILL BE DELETED.
7. Limitation of Liability FIDO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMOUNT OTHER THAN THE TRADE-IN VALUE ASSIGNED TO THE TRADE-IN DEVICE THROUGH THE TRADE, AND ONLY IN ACCORDANCE WITH THE CONDITIONS HEREIN. EXCEPT TOWARDS RESIDENTS OF QUÉBEC FOR DAMAGES RESULTING FROM AN ACT OF FIDO, IN NO EVENT WILL FIDO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR RELATING DIRECTLY OR INDIRECTLY FROM OR TO THE TRADE OR ANY TRADE-IN (INCLUDING BUT NOT LIMITED TO ANY DAMAGES YOU MAY SUFFER IF DATA LEFT ON THE TRADE-IN DEVICE IS ACCESSED, OR ALTERNATIVELY, IS UNRECOVERABLE).

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