Trade-in Program Terms & Condition

Trade-in Program Terms & Conditions

STRAIGHT TALK WIRELESS

A. This Trade-In Program is a service provided to You by Hyla Inc. (“Hyla”), as part of a contracted service that Hyla provides to Straight Talk Wireless, Inc. (“Straight Talk”) and its affiliates and subsidiaries. Straight Talk Wireless, Inc brands may provide customer service for the Trade-In Program, but You understand the Trade-In Program and these Terms and Conditions are between you and Hyla only.

B. Definitions:

• “Address” means a physical street address in the United States (no P.O. boxes or foreign addresses accepted) that You submit on the Website for shipments relating to Your Device under the Trade-In Program.

• “Customer” or “You” means you, the Device owner, or a person having legal authority to make decisions about the Device, and who has accepted these Terms and Conditions.

• “Initial Trade-In Quote” means the initial Device trade-in quote that will be provided to You, based on information you submit on the Website.

• “Final Trade-In Quote” means the final trade-in value that You may receive for Your Device, assessed by Hyla after physical receipt and inspection of Your Device (which may be lower than the Initial Trade-In Quote).

• “Device” means Your Device that qualifies for the Trade-In Program.

• “Trade-In Credit” means the method by which You will receive the Device Final Trade-In Quote if your Device qualifies for it, through gift card credit, or store or service credit for use on the Website, or any other credit or combination of the foregoing, as specified in Section D.6 below.

• “Trade-In Period” means 30 calendar days from the date You accept the Initial Trade-In Quote through the Website.

• “Trade-In Program” means the service provided to You by Hyla through the Website, where You may exchange your Device in return for a Trade-In Credit, subject to these Terms and Conditions.

• “Website” means straighttalk.com.

C. YOU CONFIRM THAT:

1. You are at least 18 years old and of legal capacity to participate in this Trade-In Program.

2. You are the only owner of Your Device and no other third party holds any rights of any kind in Your Device (including installment or leasing programs).

3. All information You submitted on the Websites as part of this Trade-In Program (personal information and Device-related information, including Device type and condition) is true and accurate.

D. YOU ACKNOWLEDGE, WARRANT, AND AGREE THAT:

1. The Initial Trade-In Quote is an estimate only, and that the Trade-In Credit You receive, if any, will be based only on the Final Trade-In Quote determined by Hyla. For example, if after inspection, Your Device is not in the condition You represented on the Website, or Your Device is not one of the Devices accepted by the Trade-In Program, the Final Trade-In Quote may be minimal or zero.

2. The Initial Trade-In Quote expires at the end of the Trade-in Period. If Your Device is not shipped to and received by Hyla within the Trade-In Period, only the Final Trade-In Quote will be effective.

3. Straight Talk is  not responsible for data loss, data recovery, or any related damages under this Trade-In Program. It is Your responsibility to remove all personal data from Your Device before shipping it to Hyla. In addition, you must do the following: 

a. Factory-reset Your Device, unlock Your Device (including removing Your Device from any services that prevent it from being activated), and remove all SIM and memory cards from Your Device;

b. Disconnect Your Device from your existing wireless service plan; and

c. Ship Your Device to Hyla using the shipping materials and guidelines that Hyla provides. Straight Talk and Hyla will not be liable for any loss or damage to Your Device while in transit.

4. If Hyla cannot process or make future use of Your Device by accessing the Device or confirming Device data removal, You may not receive Trade-In Credit for the Device, and You waive all rights and claims with respect to such Device and any data stored on the Device. 

5. Once shipped to Hyla, Your Devices and any accessories will not be returned to You and any personal data stored on the Device will be destroyed.

6. You may receive the Trade-In Credit (if any) in the following form:

a. a gift card credit;

b. a store or service credit for usage on the Website;

c. any combination of the above methods;

based on the Trade-in Program requirements. In addition, each form of Trade-In Credit may be subject to its own terms and conditions.

E. DISCLAIMERS & WAIVERS:

1. You acknowledge that Hyla is solely responsible for execution of the Trade-In Program. You waive all rights and claims against Straight Talk and its respective directors, employees, and agents for any loss or damages (direct or consequential) of every kind, whether known or unknown, arising out of, or relating to, Your use of the Trade-In Program.

2. Hyla and Straight Talk are not responsible for any damage, loss, or costs incurred by You in relation to this Trade-In Program, resulting from any of the following:

a. Your act, omission, or misrepresentation in violation of the law or these Terms and Conditions. You additionally agree to indemnify Straight Talk and Hyla from and against any claims brought against either of them arising from Your breach of applicable law or these Terms and Conditions.

b. Disclosure of Your personal information to law enforcement agencies if Your Device is found to be stolen or if required by law.

3. You additionally agree that Hyla’s total liability to You will not exceed the Final Trade-In Quote.

4. Hyla may change these Terms and Conditions to, for example, reflect changes to the law or changes to the Trade-In Program. Hyla will post notice of changes to these Terms and Conditions on this page.

F. GOVERNING LAW & DISPUTE RESOLUTION:

THESE TERMS AND CONDITIONS WILL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, AND THE SELLER WAIVES ANY RIGHT TO A TRIAL BY JURY RELATING TO ANY DISPUTE UNDER THESE TERMS AND CONDITIONS.

The Seller agrees that any litigation relating to these Terms and Conditions or the Program shall be subject to the exclusive jurisdiction of the state or federal courts located in Dallas County in the State of Texas. All notices provided by Hyla to the Seller under the Program will be provided via e-mail to the e-mail address provided by the Seller when registering for the Program. The failure of Hyla to require performance by the Seller of any provision hereof will not affect Hyla’s right to require such performance at any time thereafter; nor will the waiver by Hyla of a breach by Seller of these Terms and Conditions be taken or held to be a waiver of any other breach. If any provision of these Terms and Conditions is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms and Conditions.

G. MISCELLANEOUS:

1. Force Majeure. Neither Hyla nor Straight Talk will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

2. No Agency. These Terms and Conditions do not create any agency, partnership, or joint venture between the parties.

3. Entire Agreement. To the extent permitted by applicable law, these Terms and Conditions state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.

4. Severability. If any term (or part of a term) of these Terms and Conditions is invalid, illegal, or unenforceable, the rest of these Terms and Conditions will remain in effect.