Gazelle Kiosk Terms and Conditions

last updated: May 4, 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SELLING YOUR DEVICE TO US AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE BASIS UPON WHICH WE BUY YOUR DEVICE FROM YOU. UNLESS WE HAVE DONE SOMETHING WRONG, YOU ACKNOWLEDGE THAT ONCE YOU HAVE COMPLETED THE SALE OF YOUR DEVICE INTO THE KIOSK TRAY, YOU WILL NO LONGER BE ABLE TO CANCEL THE TRANSACTION AND WE WILL NOT HAVE ANY OBLIGATION TO YOU TO RETURN ANY DEVICE YOU HAVE DEPOSITED INTO THE KIOSK.

BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.

1. About Us and our Services

These Terms and Conditions (“Agreement”) govern the relationship between ecoATM International Limited. (“ecoATM,” “we,” or “us”) and you with respect to your use of our Gazelle branded kiosks (the “Kiosk”) to sell your mobile phone (a “Device”) to us (the “Services”).

Our Kiosks are operated by us, ecoATM International Limited.  We are registered in England and Wales. Our VAT number is 304 4284 31. If you have any questions or comments about the Services, please contact us at ecoATMlegal@ecoatm.com.

2. How to sell your Device to us and how our contract is formed

To sell your Device to us, you will be asked to do the following:

 

You acknowledge that if we discover that you have provided us with inaccurate User Data, we will have the rights set out in section 5.

UNLESS SECTION 5 APPLIES, YOU ACKNOWLEDGE THAT ONCE YOU HAVE DEPOSITED YOUR DEVICE INTO THE TEST COMPARTMENT, YOU WILL NO LONGER BE ABLE TO CANCEL THE TRANSACTION AND WE WILL NOT HAVE ANY OBLIGATION TO YOU TO RETURN ANY DEVICE YOU HAVE DEPOSITED INTO THE KIOSK.

3. Statements you will be required to make if you want to sell your Device to us

By selling your Device to us using the Kiosk, you will be asked to confirm that:

In the event that any Device you sell to us 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, ecoATM has the right to recover from you the value we paid you for the Device and may also seek other remedies depending on the nature of the issue.

Please note that we may be entitled to offset future transaction amounts in order to cover such losses.

4. Removal of Data and Files

You agree to remove all Device Data before providing your Device to us. You agree to compensate ecoATM for any losses suffered as a result of the accessing or use of the Device by another person.

It is your responsibility to make sure that all Device Data is removed from your Device before using the Service.  You acknowledge that Your failure to remove Device Data is a breach of this Agreement.

5. Your responsibility for loss or damage we suffer

You agree to reimburse us for any loss or damage we suffer as a result of:

In addition, you will also be responsible to us for any failure to meet the conditions and requirements described in section 3 or where you have otherwise provided us with inaccurate User Data.

You agree to compensate ecoATM for any losses suffered as a result of the accessing or use of the Device by another person

6. Our responsibility to you and what happens if your payment is not processed properly

We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable.  

To the extent permissible by law, ecoATM shall not be responsible or have any liability for any losses suffered by you as a result of any Device Data that is accessible from a Device.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

You agree not to use our Kiosks for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If by connecting to our Kiosks, your Device or any digital content belonging to you is damaged, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.  However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions.

If you do not receive payment or only receive partial payment for a Device sold to us,, please contact our Customer Service 0800 088 5773.

7. Our intellectual property

We are the owner or the licensee of all intellectual property rights in and relating to the Services, and in the material published on it, including all content on and in the Services. Those works are protected by copyright, trademark laws and treaties around the world. All such rights are reserved.

8. How we can make changes to the Agreement and the Services

We may make changes to the Services or any part of them or to this Agreement at any time to reflect changes to our services, our users’ needs and our business priorities or for any other reason.

If we make changes to our Services and/or this Agreement, we will post notices of changes on the Kiosk and on our website and once posted, these changes to the Agreement become effective immediately.

9. Other important terms

We may transfer our rights and obligations under this Agreement to another organisation.

You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. 

Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

This Agreement, its subject matter and their formation, are governed by English law and you can bring legal proceedings in the English courts.  If you live in Scotland you can bring legal proceedings in either the Scottish or English courts.  If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts. 

10. Contact Us

For additional information, please email inquiries to ecoatmlegal@ecoatm.com or call our Customer Service at 0800 088 5773.

11. Last edited date of these Terms of Use

These Terms of Use are effective as of May 4, 2019