Terms and Conditions

Tech Genius service terms

This is an agreement between you and Tech Genius Burlington Inc, hereon Referred to as “Tech Genius”, “we”, “us”. It sets out the terms and conditions (the “Service Terms”) that apply to your use of Tech Genius products and services, including customer assistance, customer services provided by Tech Genius teams, repairs to smartphones and electronic tablets (“Device”), warranties and guarantees provided by Tech Genius, sales of your Device to Tech Genius and purchases of certified pre-owned Devices or accessories (collectively, the “Products and Services”). The Service Terms, together with these User Terms, and Tech Genius’s Privacy Commitment form the agreement between you and Tech Genius for the Products and Services (the “Agreement”).

By using the Products and Services you are agreeing to the terms of the Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE PRODUCTS AND SERVICES. For the purposes of these Service Terms, “you” refers to the Tech Genius customer.

Tech Genius reserves the right to amend any term of the Agreement, including rates and additional charges, at any time by giving 30 days’ notice. Tech Genius will notify you of amendments to the Agreement by posting notice of the amendment at www.techgenius.ca (the “Website”). Your continued use of the Products and Services following any amendment shall be deemed to be your acceptance of the amended Agreement, your waiver of any additional notice requirements and your agreement to pay for the Products and Services in accordance with the amended Agreement.

1. What Tech Genius Provides
2. a) Repair Services and Quotes

Tech Genius will make all reasonable efforts to repair your Device with utmost care and skill. Prior to any repair being provided, Tech Genius will provide you with a quote for an estimated cost to repair your Device based on the information provided by you. After you have accepted the quote, Tech Genius will proceed with the repair of your Device. In the event that the actual cost to repair your Device is higher than the cost quoted to you, Tech Genius will obtain your consent before proceeding with the repair. Any time estimate given for the completion of a repair is an estimate only and does not form any obligation under these Service Terms.

All quotes provided for a repair exclude applicable taxes. Any quote provided is only valid for the day on which it is provided, as prices may fluctuate.

When your Device is repaired and available for collection, Tech Genius will notify you through your preferred contact method.

1. b) Repair and Device Financing

Repair and Device financing is not available at the moment.

1. c) Guarantees and Warranties

The following guarantees and warranties are provided by Tech Genius.

1. i) Repair Services Guarantees

What is Covered

Unless otherwise stated, repair services provided by Tech Genius, for repairs not covered by an OEM warranty or under an extended warranty program, have a limited lifetime guarantee in accordance with these Service Terms.

Repairs made with OEM parts will be guaranteed for a period of sixty (60) days from the date of repair.

Replacement batteries are guaranteed for sixty (60) days from the date of installation.

What is Not Covered

Repairs made under an OEM warranty program or through an extended warranty program are not covered by this guarantee.

If the Device develops an additional fault unrelated to the original repair, or is damaged after the repair services, this guarantee is null and void. This guarantee does not cover screen replacements that are required due to damage caused by liquid, and/or physical damage to the surface of a Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

Claims Procedure

If your Device fails during the guarantee period, you may take your Device to Tech Genius location for diagnostics. If the reason for your Device failure falls within the scope of this guarantee, Tech Genius will repair your Device at no additional cost. If your Device was initially repaired through our mail-in repair service, you may opt to mail-in your Device for diagnostics under the terms of this guarantee. Tech Genius will cover the shipping fees for mail-in diagnostics if your repair was initially completed through our mail-in service.

Limitation

This guarantee will not apply if any of the following conditions occur:

• The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible;
• The defect was cause by the deterioration of the Device due to excessive wear and tear;
• The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Tech Genius (including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;
• The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
• The defect was caused by a defective function of the cellular network or other system;
• The Device software needs to be upgraded due to changes in cellular network parameters; or
• The defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by Tech Genius or used in other than its intended use and where it can be shown by Tech Genius that such defect is not the fault of the Device itself.

Transferability

This guarantee is included in the price paid as a benefit to you, and therefore is non-transferable.

1. ii) Device Warranties

What is Covered

For Certified Pre-Owned Devices (“CPO Devices”) Tech Genius offers a 12-month limited warranty that the Device shall be free of defects in materials and workmanship, subject to the conditions below.

What is Not Covered

This warranty applies only to the hardware components of CPO Devices, and does not apply to any software or any accessories or peripheral equipment.

This warranty does not cover damage caused by liquid, and/or physical damage to the surface of a CPO Device, including but not limited to cracks or scratches on the LCD screen or camera lens.

Claims Procedure

If your Device fails during the warranty period, you may take your Device and original purchase receipt to Tech Genius location for diagnostics. If you purchased your Device via techgenius.ca and are not close to a Tech Genius location, you may opt to have your Device repaired via our mail-in repair service under the terms of this warranty. If the reason for your Device failure falls within the scope of this warranty, Tech Genius will repair your Device at no additional cost. If Tech Genius is unable to repair your Device, Tech Genius will replace your Device with another functional equivalent Device.

Limitation

This warranty will not apply if any of the following conditions occur:

• The Device serial number, accessory date code, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible;
  The defect was cause by the deterioration of the Device due to excessive wear and tear;
• The defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Tech Genius (including but not limited to deficiencies in consumable parts such as buttons) unless the defect was caused directly by defects in materials or workmanship;
• The defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
• The defect was caused by a defective function of the cellular network or other system;
• The Device software needs to be upgraded due to changes in cellular network parameters; or
• The defect was caused by the fact that the Device was used with or connected to a faulty accessory not approved or provided by Tech Genius or used in other than its intended use and where it can be shown by Tech Genius that such defect is not the fault of the Device itself.

Transferability

This warranty is given only to the original purchaser of the CPO Device, and is non-transferable.

iii) General Terms

The Products and Services are provided on an “as is” and “as available” basis. Your use of any of the Products and Services is at your sole risk. To the fullest extent permitted by applicable law, unless otherwise specified in these Service Terms, Tech Genius disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Products and Services, including any warranty of fitness for any particular use or purpose you intend for the Products and Services, even if you have communicated such intention to Tech Genius.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, GUARANTEES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, TECH GENIUS SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL, OR FITNESS FOR A PARTICULAR PURPOSE.

2. Online Purchases
3. a) Ordering Process

In order to make a purchase on the Tech Genius Website, you must be a registered account holder or check out as a guest. In either case, you must be the age of majority in your province or territory of residence, and you will need to provide Tech Genius with certain personal information so that your order can be processed. You are responsible to ensure the continued accuracy of this information.

1. b) Price

All prices are listed in Canadian currency and all charges will be processed in Canadian currency. Prices which may be displayed or advertised on the Website or through any other electronic communications from Tech Genius are subject to confirmation, do not include shipping fees and applicable sales tax, and are subject to change without notice at Tech Genius’s sole discretion. Shipping and taxes will be displayed at checkout prior to your final order submission.

1. c) Availability and Description of Products

The purchase of products on the Website is subject to availability. Tech Genius reserves the right to limit the quantities of certain products which you can purchase through the Website and some items viewed on the Website may be unavailable for purchase online. Merchandise in your “shopping cart” is not reserved.

While Tech Genius attempts to be accurate in its product descriptions, we do not represent or warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with Tech Genius’s return policy.

1. d) Rejection or Cancellation of Orders

Tech Genius may cancel orders and refund customers’ payment because of pricing errors, unavailability of inventory or for any other reason. In the event that Tech Genius rejects your order, Tech Genius will have no obligation to fulfill your order and you will have no obligation to pay Tech Genius for the order.

1. e) Payment

You may pay for your purchase using VISA, Mastercard, American Express, or PayPal (if available) and you authorize Tech Genius to charge the applicable card or payment service for the purchase price. You represent and warrant that you are the account holder of the applicable account used for purchase. If your card is rejected by the card issuer, your order will not be shipped, and Tech Genius has no obligation to fulfill your order. All billing and registration information provided by you to Tech Genius must be truthful and accurate.

1. f) Shipment

Your order will be shipped by one of Tech Genius’s third-party carriers. Once your order has shipped, you will receive a shipping confirmation email and your credit card or payment service will be charged. Orders will ship from various fulfillment centres across Canada. Orders cannot be shipped to addresses outside Canada or freight forwarding addresses. Shipping windows are estimates and delivery times are not guaranteed as orders may experience unexpected delays. Tech Genius is not responsible for any delays in delivery via third-party carriers.

1. g) Returns & Exchanges

At Tech Genius, we want to make sure you’re happy with your purchase. If you’re not satisfied, you can return your purchase for an exchange or refund provided that you meet the following criteria:

1. i) Proof of Purchase

You have the original sales receipt or order email.

1. ii) Product in its original condition & packaging

For an exchange or refund, your purchase must be returned with its original packaging and in the same condition as when it was purchased.

The following products are not eligible for return:

• Accessories, including earpieces or earbuds
• SIM cards

iii) Returned within 15 days of purchase

In the case of CPO Devices, if we determine that your Device is defective in the first 15 days following your purchase, Tech Genius will replace the Device free of charge.

All retail store and online purchases must be returned within 15 days of the purchase date. Please email us at info@techgenius.ca or visit our location to initiate your return. Please include your sales order number, which can be found on your email receipt.

Online orders must be returned to a Tech Genius store or shipped back to Tech Genius at the purchaser’s expense.

1. iv) Holiday Return Policy

CPOs purchased online between December 1, 2023 and December 31, 2024, may be returned through January 31, 2025. Please note that all other terms and conditions provided in the Tech Genius online store and Refunds Policy are still applicable with respect to such items purchased. All purchases made online after December 31, 2024 are subject to the Standard Return Policy.

1. v) Device passwords, personal data and locks removed

Please remove all personal data from any returned items (e.g. phonebook data, memory cards and passwords). Once the product is returned, it cannot be traced to recover personal data. Tech Genius is not responsible for any unauthorized use of personal data left on returned items.

1. vi) Payment on Refunds

All refunds will be refunded in the original form of payment. To protect our customers from fraudulent activity, we reserve the right to request valid photo ID for the purposes of validating customer information when processing a return or exchange.

vii.) Gift with Purchase

If the purchase included a free gift or bonus item (i.e. free accessory, gift card, etc.) this item must also be returned, or the current retail value of that item will be deducted from the amount eligible for exchange or refund.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, GUARANTEES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, TECH GENIUS SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

CAN I CANCEL THIS LIMITED WARRANTY? No. This Limited Warranty cannot be cancelled or refunded after registration because it was given to You at no charge. We may only cancel this Agreement for the following reasons: fraud or material misrepresentation. If We cancel this Agreement, we will provide You with written notice of cancellation listing the reason for such cancellation not later than 15 days before the effective date of termination.

4. Your Responsibilities
5. a) Passcodes

Tech Genius requires the passcode of your Device under some circumstances in order to provide repair services. If you do not want to share your passcode, Tech Genius can proceed with diagnostics, but will be unable to perform a full functional check until you are present at a Tech Genius store, which may delay your repair. If you are mailing your Device in, you will be liable for any extra postage costs incurred if Tech Genius is unable to perform a full functional check due to Tech Genius’s inability to unlock your Device.

1. b) Device Abandonment

Tech Genius will notify you through the contact methods you have provided when your Device has been repaired and is available for collection.

If we are unable to contact you initially, we will continue to make a reasonable effort to notify you that your Device is ready for pick up. However, Tech Genius is not responsible for any Devices not claimed within 60 days from the date you are first notified that the Device is ready for pick-up. After such time, Tech Genius may dispose of the Device at its sole discretion.

1. c) Data Back-up

It is your responsibility to backup all data, software, and programs on your Device prior to submitting your Device for a repair. We accept no liability for loss or corruption of any and all data, information, software, or programs stored on your Device.

5. Privacy

You agree that the Tech Genius Privacy Commitment, available for inspection at https://techgenius.ca/privacy-policy/ as it may be updated from time to time (the “Tech Genius Privacy Commitment”), shall apply to your use of the Products and Services. You hereby consent to the collection, use and disclosure by Tech Genius and its agents of your personal information collected in connection with provision and/or use of the Products and Services, for the purposes identified in the Tech Genius Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other Tech Genius Affiliates, for the purpose of offering additional services or products that you may be interested in.

Tech Genius also sells third party products and services. These third party products and services are governed by their own terms, conditions and privacy policies.

6. General Terms
7. a) Limitation of Liability

To the fullest extent permitted by applicable law, neither Tech Genius nor its Affiliates, nor their respective directors, officers, employees, or agents (collectively, the “Tech Genius Entities”) shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Products and Services (including, but not limited to: defects, malfunctions, or complete breakdowns of 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), regardless of the cause of action, including negligence, and even if one or more of the Tech Genius Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses.

If for any reason a Tech Genius Entity becomes liable to you or a third party arising out of or in any way connected with the Products and Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the Tech Genius Entities to you or such third party is limited to the greater of $20 and the fees paid by you to Tech Genius for the particular Products and Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.

Tech Genius is not responsible for any cosmetic issues that do not affect the functionality of the Device, such as scratches or scuffs that may occur during repair services.

Tech Genius does not take any responsibility for any progression in damage for Devices that have been damaged by liquid. Although unlikely, opening the Device could initiate further damage and in some cases may be very serious and/or irreparable. We ask our customer to monitor their Device post liquid damage repair as unknown issues can arise soon after treatment for liquid damage which are beyond our control. If issues arise, please contact us and we can reassess the damage. In cases where further repair is needed there may be additional costs incurred.

Tech Genius is not responsible for any loss of function of the Touch ID fingerprint sensor in the case of an Apple iPhone ‘Home Button’ repair.

1. b) Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold Tech Genius, and its Affiliates, subcontractors, suppliers, vendors and licensors, and any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified parties arising in any way from the Products and Services (a “third party action”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the indemnified parties) incurred by, assessed or found against, or made by any of the indemnified parties relating to or arising from any such third party action (“third party related losses”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the indemnified parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton, or intentional misconduct of any of the indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.

1. c) Termination

You may terminate the Agreement at any time by notifying Tech Genius of the date you want the cancellation to be effective.

Tech Genius may suspend the Products and Services if you contravene any provision of these Service Terms, including your obligation to pay for the Products and Services as charges become due. Tech Genius may terminate the Products and Services (i) immediately and without notice, where Tech Genius determines that the action is necessary to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from Tech Genius, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you.

1. d) Arbitration

If you use the Products and Services in the operation of a business, any claim, other than the collection of amounts owing to Tech Genius, relating to (i) your Agreement, (ii) use of the Products or Services or any equipment used with the Products or Services; (iii) sales materials or advertising relating to the Products or Services or any equipment used with the Products or Services; or (iv) relationships with third parties arising through use of the Products or Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to Tech Genius, 796 Brant Street, Burlington, Ontario, L7R2J2. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against Tech Genius or its Affiliates and you agree to opt out of any class proceeding against Tech Genius or its Affiliates.

1. e) Miscellaneous

The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern the Agreement. You may not assign or transfer the Agreement without Tech Genius’s prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of Tech Genius to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon Tech Genius.

Tech Genius website user terms and conditions

By accessing this Tech Genius web site (“Site”) you agree to be bound by the following terms (“User Terms”). This Site is operated by Tech Genius Burlington Inc. (“Tech Genius”). “You” and “your” refer to users of the Site. The Site is the property of Tech Genius and its licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE. Tech Genius reserves the right, at its sole discretion to change, add or remove portions of these User Terms, at any time. It is your responsibility to check these User Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Providing that you comply with these User Terms, Tech Genius grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Site.

1) No warranty or representation

While Tech Genius uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Tech Genius, its suppliers, or affiliates. Neither Tech Genius, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if Tech Genius has been advised of or foresees the possibility of any damages occurring.

Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the content of this Site may occur without notice.

2) Use of information

The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Tech Genius, its suppliers, or affiliates.

You may not:

(a) post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the Site: constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (iv) which solicits passwords, personal information, funds, goods and/or services or otherwise solicits information for commercial or unlawful purposes (v) that contains advertising;b) engage in any conduct that impersonates any person, licensed professional, business or entity, including Tech Genius and our employees and agents;(c) otherwise use this Site in a way that is contrary to law or which could adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components. Tech Genius reserves the right (but not the obligation) at our sole discretion to refuse or delete any User Content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these User Terms or for any other reason.

3) Links

This Site may contain links to other web sites that are not under the control of Tech Genius. Tech Genius is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. Tech Genius provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation, or verification by Tech Genius of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.

4) Content

All text, comments, messages information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site is proprietary and is owned, controlled or licensed by or to Tech Genius, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws.

Except as permitted by these User Terms or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted, or distributed in any form or by any means or stored in any retrieval system of any nature in any way without Tech Genius’s consent.

You may use information on Tech Genius products and services from the Site provided that: (i) you do not remove any proprietary notices, (ii) such is use is for personal, non-commercial purposes, (iii) you do not share or make accessible such information on any networked computer or broadcast of any sort, (iv) you make no modification to such information and (v) you do not make any claims, representations or warranties with respect to such information.

5) User content

By posting or uploading to the Site any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively “User Content”), you warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter “clearances”) with respect to your User Content and that neither you nor any third party will object to the use of your User Content by Tech Genius in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Site as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; (iii) acknowledge and agree that Tech Genius is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (iv) acknowledge and agree that any User Content that you provide for display on the Site will be considered non-confidential.

Tech Genius may edit or remove any or all User Content whether or not it is in violation of the provisions of these User Terms. Tech Genius is not responsible for User Content in any way. You hereby grant to Tech Genius a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to Tech Genius and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favor of Tech Genius.

If you post User Content to any part of the Site, you understand and agree that anyone with access to the Site will be able to access, use and/or disclose any information that you include in any such content (including, without limitation, any personal information such as your name, e-mail address, etc.). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Site. You understand and agree that Tech Genius shall not be liable for any access to, use of or disclosure of any information you include in any such User Content.

6) Monitoring

Tech Genius is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without Tech Genius’s consent. However, you agree that Tech Genius has the right to, without notice or liability, monitor use of the Site and monitor, review and retain such content, material or information; and/or disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if Tech Genius believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these User Terms or other Tech Genius user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. Tech Genius reserves the right in its sole discretion to issue any response it considers appropriate if Tech Genius becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights.

7) Product descriptions

Tech Genius attempts to be as accurate as possible. However, Tech Genius does not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current, or error-free. If a product offered by Tech Genius is not as described, your sole remedy is to return it in accordance with the Tech Genius Service Terms posted on this Site or any other applicable return policy. Price and availability information is subject to change without notice.

8) Site policies

You are responsible for maintaining the confidentiality of any Tech Genius account that you may hold, including all login usernames and passwords that you may use to access any part of the Site. You are similarly responsible for all uses of your Tech Genius account through the Site whether or not such uses are actually authorized by you. Please also review our other policies such as our Privacy Commitment and Service Terms on this Site. These policies also govern your visit to this Site and are incorporated into and considered part of these User Terms.

9) Consent

You acknowledge that you have read the Tech Genius Privacy Commitment (as it may be updated from time to time) (the “Tech Genius Privacy Commitment”) and hereby consent to the collection, use and disclosure by Tech Genius and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Tech Genius Privacy Commitment. Tech Genius’s use of customer information is also subject to applicable terms and conditions including those contained in Tech Genius’s Terms of Service (as amended from time to time), copies of which are available at www.techgenius.ca.

10) Cookies Notice

At Tech Genius, we are committed to respecting your privacy, and an important part of that is being transparent about how we handle your personal information. Accordingly, we developed this Cookies Notice to inform you about our use of cookies across our websites and apps. We want you to understand what cookies are, how Tech Genius uses cookies and what your choices are.

Tech Genius uses cookies to understand how you interact with our websites, apps, and selected third-party websites primarily with the aim of improving your user experience. Tech Genius does not store sensitive information such as login credentials or bank information within cookies.

The following is a summary of how Tech Genius uses cookies:

Essential.

Tech Genius uses cookies that are essential for navigating and enabling certain functioning of Tech Genius websites. For example, these types of cookies assist Tech Genius in authenticating you and your device or allows Tech Genius to administer secure websites. If you choose to disable these cookies, specific features of the Tech Genius websites, such as accessing your account or making a purchase, may not be available.

Performance.

Tech Genius uses cookies to understand how customers use Tech Genius websites and services in order to improve their performance. Performance cookies generate aggregated, de-identified information which provide insights into trends and usage patterns that may be used for business analysis, website, and service improvements, and for determining performance metrics. For example, these types of cookies help track the number of visitors to our websites.

Selections.

Tech Genius uses cookies to remember your selections while visiting a Tech Genius website. These types of cookies allow Tech Genius to recognize your device so that you do not have to provide the same information repeatedly. For example, we may use cookies to remember your language preferences or province selected.

Personalization.

Tech Genius uses cookies to personalize your experience while visiting a Tech Genius website. These cookies may be used to deliver Tech Genius content to you that is customized to your interests based on an inference from your browsing patterns on our websites or from your customer relationship with us. For example, a relevant offer about a product or service may be displayed to you based on the existing products and services you currently have with Tech Genius.

Advertising and third-party cookies.

Tech Genius uses cookies to deliver tailored Tech Genius advertising to you. We may work with advertising agencies to place cookies to help deliver ads on third-party websites where we purchase advertising. These types of third-party cookies enable us to understand what Tech Genius ads you see and interact with, both on our website and on third-party websites. This helps us to measure the success of our advertising campaigns. For example, when you click on a Tech Genius ad on a third-party website, cookies are used to track the effectiveness of the advertising campaign. As part of this process, we do not disclose your personal information to the third-party website.

Other similar technologies.

In addition to cookies, Tech Genius also uses pixel tags which are small transparent images embedded in a web page or an email. We use pixel tags in connection with cookies to help operate our website and emails. For example, Tech Genius may include pixel tags in email messages or newsletters in order to determine whether or not they are opened or acted on. Third parties may also use pixel tags to help compile aggregated statistics and determine the effectiveness of Tech Genius promotional campaigns.

11) Virus

Tech Genius assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.

12) Right of indemnification

You agree to defend, indemnify, and hold Tech Genius, its suppliers, alliance partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these User Terms by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.

13) Limitation of liability

Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall Tech Genius, its alliance partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet.

These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither Tech Genius nor its alliance partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants, and agents shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.

14) Non-waiver

Tech Genius’s failure or delay in insisting upon or enforce strict performance of any provision of these User Terms shall not be construed as a waiver of any provision or rights.

15) Governing laws

By visiting the Site, you agree that these User Terms shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

16) Prices

All prices are quoted in Canadian dollars and do not include applicable taxes or shipping and handling.

17) Territory

The Site originates in Canada. Tech Genius’s products and services are offered in Tech Genius’s operating territory. Some products and services referred to on the Site may not be available in parts of Tech Genius’s operating territory or may not be compatible with party line services.

18) Miscellaneous

These User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between Tech Genius and you with respect to your use of this Site. If any part of the User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these User Terms and all related documents be drawn up in English.