PCS Wireless Limited

Trade-In Terms and Conditions

This device trade-in program (“Trade-In Program”) is a service provided by PCS Wireless Limited (“PCS “we”, “us”, “our”) as part of a contracted service that PCS provides to Apple Saudi Arabia LLC (“Apple”). These Terms and Conditions (“Terms”) are considered the contract (“Contract”) between You, as the seller, and PCS, as the buyer, and shall govern and apply to the trade-in of Your Eligible Device (defined below) via the Apple Online Store. Apple will provide customer service for the Trade-In Program, including determining if your device is eligible for trade-in; taking possession of your device; and inspecting Your device; but You understand the Trade-In Program, the sale of Your device, and these Terms and Conditions are between You and PCS only.

Please read these Terms carefully and make sure that You understand them before trading-in any Eligible Device. You must agree to these Terms. If You refuse to accept these Terms, You will not be able to trade-in any Eligible Device to us.

If we receive any of Your personal information, we only use it in accordance with our Privacy Policy and relevant Data Protection Laws. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

You understand, acknowledge and agree the Trade-In Program is a service provided by PCS and not Apple.  Apple has no liability to you in respect of the Trade-In Program and you agree not to hold Apple responsible in respect of the Trade-In Program services You receive from PCS.

Definitions

“Trade in Service” means the Trade-in of the Eligible Device and the purchase by us of the Eligible Device in consideration of providing You a credit against your purchase of a new Apple Product.

“You”, “Your” means the person selling PCS their Eligible Device through this Trade in Service and agreeing to these Terms and Contract with PCS.

“Eligible Device” means any device that is eligible for this Trade in Service as determined by us in our sole discretion.

Warranties

You represent and warrant that:

• You are the sole owner of the Eligible Device;
• There are no liens, encumbrances or security interests in or attached to the Eligible Device and that no other party has a legal interest in it;
• Any items you submit through the Trade in Service shall not infringe on any third-party intellectual property right (including copyright, trademarks, patent, trade secrets or other proprietary right);
• You are not an Apple reseller;
• the Eligible Device is not counterfeit, stolen or fraudulent;
• You are at least 18 years old;
• You are a resident of the Kingdom of Saudi Arabia; and
• You are legally capable of entering into a binding contract.

Ownership Transfer to PCS

Ownership and title in Your Eligible Device will transfer from You to PCS the moment all of the following occur: (i) Apple receives and inspects Your Eligible Device; (ii) You accept the price we offer to pay for Your Eligible Device; and (iii) completion of the payment of credit to You for the Eligible Device. Upon the transfer of ownership to us, You disclaim any further right, title or interest in and to the Eligible Device or any items contained therein.

Risk of Loss

The risk of loss in Your Eligible Device will transfer to us upon the later of: (i) Apple’s receipt of Your Eligible Device; and (ii) completion of the payment of credit to You for the Eligible Device. Notwithstanding, we will not be liable or responsible for any risk related to You sending us a device that has any battery damage.

Consideration for Eligible Device

You agree that the value You receive from Apple on PCS’ behalf for Your Eligible Device will be in the form of credit which will be used towards the purchase of a new Apple Product or a Gift Card. Please note it may take several days for You to receive the Apple Gift Card. There is no cash alternative and the credit cannot be used for any purpose or purchases other than those stated above. The provision of the credit will be in full satisfaction of any payment obligation for the purchase of the Eligible Device by PCS.

No consideration will be paid, nor any credit given for any additional accessories or items that You send to us with Your device. Such items cannot be returned to you.

Data Stored on the Eligible Device

It is Your responsibility to:

• Remove Your sim card (the “SIM”) and any memory card before trading in your Eligible Device. The SIM and memory card can contain private information and may enable unauthorized use of your network airtime or your personal information. If You fail to remove the SIM or memory card, You agree to release us from all claims, losses or damages with respect to the use of the SIM or memory card arising before, or after receipt of Your Eligible Device. Any SIMs or memory cards received by us are non-returnable and shall be discarded;
• Delete and remove all personal files and data, whether in the form of personal details, SMS, photos, games, songs or other data (collectively the “Data”) from the Eligible Device and perform a factory reset.

• Switch off ‘Find My’ or its equivalent on Your Eligible Device.

If we receive Your Eligible Device and you failed to perform the above and/or Data nevertheless remains on the device, we may reject the Eligible Device and cancel the Contract, or in our absolute discretion accept the Device and reset the Device to the factory settings. Therefore, please ensure You remove all Data and reset the Eligible Device to the factory settings before sending it in for trade-in.

By sending Your Eligible Device to us, You agree to release us from all claims, losses or damages with respect to the SIM, the Data or Eligible Device. We accept no responsibility in relation to the security, protection, confidentiality or use of such Data or the SIM.

It will not be possible for You to obtain any Data or other content from the Eligible Device, whether stored on the Eligible Device or memory card, once it has been sent to us. Since every Device will be factory reset, you waive your right to any access to such deleted Data once it has been sent to us.

You agree that You have the sole responsibility to keep a separate backup copy of any Data before sending your Eligible Device to us; and that you have taken all reasonable steps to eliminate and delete Data that is deemed personal or confidential. Neither PCS nor Apple accept any responsibility or liability for any lost Data.

In cases where we receive an Eligible Device which, when the Eligible Device is turned on, it appears to not have been reset to the factory settings and Data is immediately obvious from the screen, then You authorize us to take reasonable actions to wipe or remove any stored Data from the Eligible Device by resetting the Eligible Device to the factory settings in accordance with Apple’s or the applicable manufacturer’s recommended guidelines and utilizing the reset functions on the Eligible Device to do so. PCS shall have no further obligations in respect of wiping or removing the Data. PCS accepts no responsibility for failure to maintain the integrity or confidentiality of any Data, and does not warrant or guarantee that resetting the Eligible Device to the factory settings will permanently delete any Data or personal information.

Product Eligible Device Trade-In Process

Apple will guide You through the steps you need to take to trade-in Eligible Device with us. The trade-in process allows You to check and amend any errors before submitting Your sale offer to us.

For Trade-In via the Apple Online Store. If You wish to sell an Eligible Device under the Trade-In Program via the Apple Online Store, You must submit an offer to PCS by answering the Trade-In questions on the Apple Online Store.

If Your device is an Eligible Device and you accept these Terms, Apple will provide you with the Estimated Trade-In Value PCS is willing to pay to You (in the form of a credit as detailed above) for the device you are offering to sell. However, please note that this does not mean that Your offer has been accepted or that a contract has been formed. The Estimated Trade-In Value offered is subject to your strict compliance with these Terms and remains subject to the receipt and inspection that Apple will perform after it receives your device. By completing the Trade-In questions and submitting Your responses, You are making a binding offer to enter into a contract with us.

You can revoke Your offer until the device is shipped by simply not sending us your Trade-In Device. After the device has been received by the shipping service provider, you agree that it is no longer possible to cancel Your trade-in offer, except in those instances where a Revised Value is offered as set forth below.

To receive the Estimated Trade-In Value or Revised Value (defined below), as may be applicable, Your device must be received by Apple within fourteen (14) days from the date of the original quote. To send Your device to Apple, You must strictly follow the instructions provided to You by Apple. If You fail to send Your device within this time, You may receive less than the Estimated Trade-In Value quoted to You.

Upon receipt of Your device, Apple will carry out an inspection to determine if Your device corresponds with the description that You provided on the Apple Online Store. Any incorrect or inaccurate device descriptions may result in the reevaluation the Estimated Trade-In Value quoted and result in a revised value.

The inspection will focus on, among other things, the model and condition of the device. If the model and/or condition are different from the description You provided on the Apple Online Store, the Estimated Trade-In Value will be adjusted. You will receive an email from Apple following receipt of Your device that will either (1) confirm the Estimated Trade-In Value offered, or (2) submit a counteroffer to You that will require Your acceptance to complete the transaction.

If Apple determines in its sole and absolute discretion upon inspection that Your Trade-In Device corresponds to the specifications given by You in the offer by answering the Trade-In questions and matches the Estimated Trade-In Value Apple will issue You the credit as set forth in the section entitled “Consideration for Eligible Device” above.

If Apple determines in its sole and absolute discretion upon inspection that the condition of Your device does not correspond to the specifications given by You in the offer by answering the Trade-In questions and does not match the Estimated Trade-In Value, PCS will reject your offer and Apple, on PCS’s behalf, will submit a counteroffer to you with a revised value for Your device (the “Revised Value”). If you accept the counteroffer for the Revised Value, You must follow the instructions provided in order for a contract to be formed. The counteroffer will be based on our requirements and the actual condition of Your device. You can accept the counteroffer within five (5) business days from the day the e-mail with the counteroffer is sent.

PCS and Apple are not liable for non-delivery of emails due to spam emails or junk filters.

If You accept the counteroffer, the contract with PCS is formed for the Revised Value and Apple will issue You the credit as set forth in the section entitled “Consideration for Eligible Device” above. Please note it may take several days for You to receive the Apple Gift Card. If You reject the offer, or if we do not receive Your acceptance within five (5) business days, Apple will send the device back to your address free of shipping costs. Please allow for up to 10 working days to receive Your returned device. If for any reason we cannot send You back Your device then we will be obliged to make payment of the sum equal to the Estimated Trade-In Value.

Eligible Devices cannot be returned under any circumstance once You have received the credit for Your Eligible Device from Apple on PCS’ behalf.

How the Contract is formed between you and us

Nothing herein constitutes an offer by us to sell or purchase any goods or services.

Sending an Eligible Device to us shall constitute an offer by You to sell such Eligible Device to us in return for credit toward the purchase of a new Apple product (“Your Offer”). However, please note that this does not mean that Your Offer has been accepted.

No Contract will be formed until we accept Your Offer, and by you receiving the credit.

Any Credit will be provided within 3 working days after receipt and Inspection (save where the offer is revised in accordance with these Terms).

Lost or Stolen Devices

You acknowledge that, Your personal information along with the Eligible Device serial number may be submitted to any law enforcement data system for verification purposes and to assist with checks for lost or stolen property. If the Eligible Device is registered as lost or stolen, PCS will retain the device in accordance with local laws and guidance. The Eligible Device will NOT be returned to You nor will there be any credit be given to You unless You are able to prove the legitimate ownership of the Eligible Device within 28 days. It is Your responsibility to inform Apple and PCS that You are contesting this decision. If You are unable to prove the legitimate ownership of the Eligible Device, it will be treated in accordance with local law and guidance.

No payments or credits will be made to You for Eligible Devices received which are Blocked, stolen or Fake.

PCS reserves the right to decline or cancel Your participation in the Trade-In Program, with or without advance notice, if we believe that Your participation is enabling a fraudulent or illegal purpose.

Right to Change your Mind

By agreeing to sell us Your Eligible Device and accepting payment You expressly agree to waive any right You may have to change your mind and terminate the transaction with us.

General Terms and Conditions

This Trade in Service is provided for lawful purposes only, and You agree to indemnify Apple and PCS and any of their directors, officers, employees, affiliates, subsidiaries or agents from and against any claims brought against any of them arising from performing this Trade in Service on Your behalf or for any breach of these Terms by You.

Except as set out in these terms, Eligible Devices cannot be returned under any circumstance once You have received the credit for your Eligible Device from Apple on PCS’ behalf.

You understand and agree that PCS may not return Your Eligible Device to you if to do so would violate any law, statute, regulation, regulatory policy, guideline, or industry code, or rule, regulation, instrument, official directive, or guideline of any governmental, intergovernmental, or supranational body

By participating in the Trade-In Program, You understand and agree that it may be necessary for PCS, its affiliates, partners and agents, to collect, process, transmit, maintain, share, and use certain of your personal information, such as your name, address, and information related to your method of payment, to perform the service and support obligations under the Trade-In Program. At all times, PCS will treat your information in accordance with the PCS Privacy Policy set forth below.

We are responsible for loss or damage You suffer that is a foreseeable result of our breach of any contract with You or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if they were contemplated by You and us at the time we accept Your offer of sale. You additionally agree that PCS’ total liability to you will not exceed the amount offered for Your Eligible Device. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.

Subject to the above clause, neither PCS nor Apple will under any circumstances be liable whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: a) loss of profit, sales or business or revenue; or b) loss or corruption of Data or information; or c) loss of opportunity; or d) any special, indirect, incidental or consequential damages resulting from this Trade in Service.

PCS and their affiliates’ entire liability, if any, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, with respect to this Trade in Service shall not exceed 100% of the value of the credit for the Eligible Device.

The Contract is between You and PCS. No other person or entity shall have any rights to enforce any of its terms.

We may transfer our rights under any contract with You to another organization, provided that Your rights and experience in using the services are not affected by that transfer. We will tell You in writing if this happens. You must not transfer any of your rights and obligations under any contract unless we agree.

If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.

If we do not insist that you perform any of Your obligations under these Terms, or where we do not enforce, or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by You, we will only do so in writing, and that will not mean that we will automatically waive any later default by You.

Neither of us will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (including but not limited to war, strikes, fire, pandemic, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).

If either of us are unable to perform our obligations as a result of any event outside their control, the affected party will contact the other party as soon as reasonably possible and shall take steps to minimize the effect of any delay. Provided they do this, the obligations of that party shall be suspended for the duration of the event outside of their control and they will not be liable for any delay caused by the event.

These Terms will be governed and interpreted under the laws of the Kingdom of Saudi Arabia, without regard to conflict of laws principles or provisions, and the courts of Saudi Arabia shall have exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms.

Communications between us

You may contact the Apple Online Store with any questions concerning the Trade-In Program.

Resale of your Eligible Device

You hereby agree that PCS may resell or transfer Your Eligible Device to a third party having first reset the Eligible Device (where necessary) to the factory Settings.

PCS WIRELESS LIMITED

PRIVACY POLICY

PCS Wireless Limited (“PCS” “we”, “us”, “our”) is committed to protecting and respecting your privacy.

This Privacy Policy (“Policy”) sets out the basis on which any personal data that we may collect from you or that you provide directly to us within the Trade-In Program via the Apple Online Store (“Trade-In Program”) will be processed by us to the extent Apple Saudi Arabia LLC ( “Apple”) provide us with your personal data that they collect from you for us in furtherance of the Trade-In Program. Otherwise, all personal data provided to Apple shall be governed by Apple’s privacy policy.

Please read the following sections carefully to understand the procedures we follow in handling your Personal Information.

This Policy does not apply to the websites of our business partners or any third parties, even if their websites are linked to our Trade-In Program.

1. Personal Data

“Personal data” is any data as defined by applicable data protection laws, e.g. your name, your telephone number, your e-mail address, your IP address (“Internet Protocol” address) or your location data.

2. Personal Data we may collect from you

We may collect the following data from you:

2.1 Data you provide to us

• You may provide us with data about yourself by using our Trade-In Program or by communicating with us by phone, email or otherwise in the context of our Trade-In Program via our business partner Apple. This includes personal data you provide to us in your offer (i.e. the Trade-In questions) as well as any personal data provided to us when sending us your offered device (“Trade-In Device”). We may also process personal data that might be on your Trade-In Device in accordance with the Terms & Conditions of our Trade-In Program. The information you share with us may include your name, address, email address, phone number and financial and credit card information.

2.2 Data we receive from other sources.

• We may obtain data about you from third-party sources, such as public databases, our business partners and other third parties.

3. Use and storage of your personal data

We may use and store your personal data as follows:

3.1 Data you provide to us:

We may use and store the personal data you provided to us in order to fulfil our obligations arising from contracts entered into between you and us through our Trade-In Program and to provide you with the necessary information for the execution of the contract. We may also process personal data that you might provide to us via e-mail or phone in the course of the execution of the contract. Your personal data will not be used for promotional purposes and not be shared with any third parties.

3.2 Data we receive from other sources:

We may use and store the data provided by other sources (section 3.2) to verify whether a mobile device has been reported lost or stolen or to search the IMEI database and to prevent and combat fraud. In that case, we will notify you when we have collected that information. We may combine this data with data that you provide to us as set forth in section 3.1. We may use and store this data and the combined data for the purpose outlined above and/or any purpose under applicable laws (depending on the type of data we receive).

4. Legal basis for the processing of your personal data

Our legal basis for processing your personal data as described in this Policy depends on the personal data concerned and the specific context in which it is processed by us. As a general rule, your personal data is processed by us according to one or more of the legal bases set forth in applicable data protection legislation.

5. Transmission of data

PCS may transfer your personal data to other PCS Group companies for processing to the extent necessary for the purposes described in this Policy. In doing so, your personal data may be transferred to PCS Wireless LLC headquarters in the United States. The United States may have different data protection standards than your home country. In order to provide adequate protection for your personal information when it is transferred, we have contractual arrangements (where necessary) with our subsidiaries, affiliates and business partners regarding such transfers. We take all reasonable technical and organizational measures to protect the personal data we transfer. You hereby consent to the transfer of your personal data for the purpose of carrying out the Trade-In Program.

6. How long will we process your personal data?

We will only store your personal data for as long as is necessary to fulfil the purposes we have collected it for, including to comply with any legal, accounting or reporting obligations.

Data provided by you will generally not be retained for longer than the retention period of six years required by commercial and tax law.

7. Changes to our Privacy Policy

Changes we make to our Privacy Policy in the future will be posted on this page and, if appropriate, communicated to you by email. Please check back periodically for updates or changes to our Privacy Policy.