Note: These Terms & Conditions (“Conditions”) govern the Phoenix Cellular website, which is located at https://www.gr8mobile.co.uk/ and https://www.gr8mobile.us  (together with all sub-domains thereto, collectively the “Website”) where you can sell us certain mobile equipment.

Please read these Conditions carefully before you start to use the Website or offer to sell your mobile equipment to Gr8 Mobile (as defined below).

IMPORTANT NOTICE: THESE CONDITIONSCONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE WEBSITE AND THESE CONDITIONS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE GOVERNING LAW/JURISDICTION AND MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS SECTION BELOW. PLEASE READ CAREFULLY.

By using the Website or by clicking to accept or agree to these Conditions when this option is made available to you, you accept to be bound and to abide by these Conditions, our Privacy Notice, and our Cookie Policy. Please note, however, that no Contract for sale is established until the process in clause 2.6 below has occurred. If you do not agree to be bound by the Conditions, you must not access or use the Website or send any Equipment to Gr8 Mobile.

If you have questions about these Conditions or the Contract please contact us by sending an email to info@gr8mobile.us. 

This sets out your legal rights and responsibilities and our legal rights and responsibilities. These Conditions only apply to consumers.

1. DEFINITIONS AND INTERPRETATION
   1. In these Conditions the following definitions apply:

1. Condition Criteria: means our condition criteria for the purpose of providing quotations for Equipment as set out on the Website, which can be found at https://www.gr8mobile.us/device-criteria;
2. Conditions: means Gr8 Mobile’s terms and conditions set out in this document;
3. consumer: means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession;
4. Contract: means the agreement between you and Gr8 Mobile for the sale and purchase of Equipment incorporating these Conditions;
5. Equipment: means the equipment that you enter details of into the Website and to be supplied by you to Gr8 Mobile in accordance with the Contract;
6. Gr8 Mobile: means Phoenix Cellular USA Inc., a Delaware corporation, or a subsidiary or affiliate thereof;
7. Price: has the meaning given in clause 3.1;

1. 2. In these Conditions, unless the context requires otherwise:

1. a reference to “we”, “us” or “our” means Gr8 Mobile; and
2. a reference to “you” or “your” means the person (being an individual) using the Website, returning Equipment to us subject to these Conditions, or agreeing to sell Equipment to us under a Contract.

2. APPLICATION OF THESE CONDITIONS
   1. These Conditions apply to and form part of the Contract between you and Gr8 Mobile for the exchange of mobile phones and other equipment. They supersede any previously issued terms and conditions of purchase.
   2. Persons selling Equipment on the Website agree as a condition of use that they are persons acting in their induvial, non-business capacity and are 18 years of age or older. You may not use the Website if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Website. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, equipment, technology, and services. If any applicable law, rule, or regulation prohibits you from accessing the Website, you may not access it.
   3. Our privacy policy is available at https://www.gr8mobile.co.uk/privacy-policy Such policy is incorporated into these Conditions but where there are conflicting provisions the terms of these Conditions shall take priority. 
   4. We are under no obligation to provide a quotation or accept your Equipment, which shall be entirely at our discretion. We only accept Equipment from individuals (and not businesses) and each individual may send a maximum of five pieces of Equipment to us in any six-month period.
3. CONDITIONS OF PURCHASE
   1. When you enter the details of the Equipment on the Website, we shall provide a quotation to purchase such Equipment from you, based on the Condition Criteria you select. A quotation shall be an offer for purchase. If you agree the quotation, you shall confirm this to us as per our instructions, and we will send you the means to post your Equipment to us. You can then send the Equipment to us. Quotations shall be valid for 14 days, and, accordingly, we must receive the Equipment prior to the end of such 14-day period.
   2. When we receive the Equipment, we will check the condition of such equipment in accordance with our Condition Criteria, shall be based in our sole discretion on the condition of the Equipment as it is when received by us and not as it was when sent by you). If there is a lock on any device, we will contact you to ask for such details. If you do not respond within 5 business days or we are otherwise unable to unlock the device, we shall return the Equipment to you, at your sole cost and expense. Additionally, we may need to physically open the Equipment to assess the condition of the Equipment against the Condition Criteria. If we are unable to safely open the Equipment without causing damage, we will contact you to ask if you authorise us to do so. If you do not respond within 5 business days or we are otherwise unable to open the Equipment, we shall return the Equipment to you, at your sole cost and expense.
   3. We may then, in our sole discretion. (i) confirm the original quotation for our purchase of the Equipment given as per clause 3.1; (ii) provide an updated quotation for the Equipment in accordance with clause 3.4 below; or (iii) refuse the Equipment and return your Equipment to you, at your sole cost and expense. We shall communicate our decision to you within 7 business days of our receipt of the Equipment.
   4. If we receive Equipment or items that are not the same as the Equipment you provided us details of initially or in a condition with different from the condition of the Equipment you originally input, we may provide an updated quotation for the actual Equipment we received. Should you not accept any updated quotation for the Equipment, you shall communicate this to us in accordance with our instructions within three days of the updated quotation being made. Unless you communicate to us that you do not accept the updated quotation within the three-day period, your non-response shall be deemed an acceptance of our updated quotation. If you communicate to us that you do not accept the updated quotation within such three-day period, we shall return your Equipment to you, at your sole cost and expense, and shall despatch such Equipment to you within seven business days.
   5. You may withdraw or amend an offer to sell the Equipment to us at any time before acceptance by us. If you withdraw an offer, you may request an updated quotation or the return of the Equipment to you, at your sole cost and expense.
   6. Acceptance of an offer by us for purchase of the Equipment shall occur when we accept your offer, which acceptance shall be entirely at our discretion.
   7. All quotations we deliver to you shall include the cost of all applicable taxes.
4. PAYMENT
   1. We shall aim to process payment to you within seven business days of our acceptance of your as set forth in Section 2. Time for payment is not of the essence.
   2. Payment shall be made to the account details that you provided when you entered details on the Website. We shall not be liable for any losses you incur by entering incorrect details on the Website.
5. DELIVERY
   1. You shall be responsible for delivering your Equipment to us, in accordance with the delivery instructions we provide when we issue a quotation. We shall provide the means to return Equipment to us for free, but the cost of more secure or faster delivery shall be borne by you (and we shall not be liable to reimburse you for such sums if you withdraw an offer or cancel the Contract, or if we refuse the Equipment or do not accept your offer).
   2. You shall be responsible for ensuring that any Equipment is able to be sent safely within U.S. Postal Service terms (including with regard to lithium batteries). If this is not possible, please contact us for further assistance.
   3. If you do not accept a quotation or withdraw an offer, we shall return the Equipment to you at your cost.
   4. Delivery (whether to us or a return to you) shall be deemed complete when the Equipment arrives at our address or your address (as applicable).
   5. We shall aim to despatch returned Equipment to you within seven days, but time shall not be of the essence. If delivery fails twice then a third delivery may incur an additional cost to you.
6. TITLE AND RISK
   1. Risk in the Equipment shall pass to us on completion of delivery to us. Equipment that is damaged in transit to us shall not be our responsibility and may result in a lower quotation or our refusal of your Equipment.
   2. Risk in the Equipment shall pass back to you on completion of delivery when we return Equipment to you. While we provide the means of returning Equipment to us at no cost to yourself, which shall include limited insurance cover up to the standard U.S. postal service tracked parcel service, we do recommend that you return Equipment that carries significant value to us using special delivery with cover up to the value of the Equipment. We do not accept liability if Equipment is lost or damaged by third party delivery providers. If Equipment is damaged using the delivery means that we provide, you will need to make a claim against the third party delivery provider. We are unable to claim on your behalf as we are not the legal owner of the Equipment.
   3. Title to the Equipment shall pass to us when we process payment.
   4. The passing of title shall not prejudice any other rights and remedies we may have.
   5. You warrant and represent to us that:

1. you have at the time you send Equipment to us, clear and unencumbered title to the Equipment, and the full, clear and unencumbered right to sell and deliver it to us; and
2. hold such title and right to enable you to ensure that we shall acquire a valid, unqualified title to the Equipment and shall enjoy quiet possession of it.

7. WARRANTIES; DISCLAIMER
   1. You warrant and represent that:

1. you are authorised to sell the Equipment;
2. you are over 18 years of age and are resident in the United States; and
3. you are a legal person acting on behalf of yourself (and not a business or acting on behalf of a business).

1. 2. You warrant and represent that any Equipment you send to us is not stolen and acknowledge that selling such Equipment may be a criminal offence.
   3. We will check all Equipment against lost and stolen property databases (at our discretion) and will notify you if we find any record of such Equipment that indicate it is lost or stolen. In this scenario, we will suspend the process set out in clause 2 for 30 days. You will be required to contact the database in question to resolve such matter and otherwise prove to us that you are the legal owner of the Equipment.
   4. If any ownership query cannot be resolved, we are required by law to retain the Equipment, pass it over to relevant law enforcement agencies or destroy it. By sending your Equipment to us and agreeing to be contractually bound by these Conditions, you agree to us doing this. We will not pay you any amounts for the Equipment in such scenario. If we have sent you any payment for the Equipment, you shall return such payment to us within three days of us requesting in writing.
   5. You expressly agree that we may pass your details to relevant law enforcement agencies or other relevant third parties (including mobile network providers and insurers). You will cooperate fully with us in any such circumstances. The purpose of passing such data to third parties is the prevention of crime.
   6. We strive to provide great services, but there are certain things that we can't guarantee. WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW,THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. GR8 MOBILE AND ITS THIRD-PARTY LICENSORS OR PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   7. GR8 MOBILE AND THIRD-PARTY LICENSORS OR PROVIDERS MAKE NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF THE WEBSITE. THE WEBSITE MAY BE INCOMPLETE OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE WEBSITE.
   8. The Website may provide links to other websites. Because we have no control over such sites, you acknowledge and agree that we are not responsible for the availability of such external sites and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or products available on or through any such linked site. You should follow the link to the terms of use on the appropriate page for such sites to determine which company's terms of use governs such sites.

8. YOUR RESPONSIBILITIES
   1. You may only use the Website for lawful purposes and in accordance with these Conditions. All commercial and/or unauthorized use of the Website is strictly prohibited. You confirm that it is your responsibility to:

1. remove all data from the Equipment and wipe the Equipment of any data prior to sending it to us;
2. remove any SIM cards from the Equipment prior to sending it to us;
3. cancel any airtime contracts prior to sending it to us.

1. 2. If you do not perform your responsibilities in accordance with clause 8.1, we shall not be responsible for any loss of data when we wipe the Equipment or for any charges you incur from third parties (including airtime). You acknowledge that we may wipe any device as soon as we receive it (even if a Contract for sale has not been formed).
   3. While we shall attempt to wipe all Equipment of all data, we are not responsible for any data that is unable to be removed. It is your sole responsibility to ensure that the Equipment is returned to us with no data (including personal data) remaining.
   4. You agree to indemnify and hold Gr8 Mobile and its officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands, or costs of any kind, including reasonable attorneys' fees and costs of arbitration/litigation, arising from your violation of these Conditions.
   5. You can submit to us via the Website or otherwise questions, comments, suggestions, and ideas ("Feedback"). Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, Gr8 Mobile shall be free to use such information on an unrestricted basis.

9. LIMITATION OF LIABILITY
   1. The extent of the parties’ liability under or in connection with these Conditions (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 9.
   2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE VALUE OF THE EQUIPMENT.
   3. GR8 MOBILE NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR IN CONNECTION WITH THESE CONDITIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. GR8 MOBILE SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF ANY MATERIAL LINKED THROUGH THE WEBSITE.
   4. Subject to clause 9.5, we shall not be liable for any of the following (whether direct or indirect):

1. loss of data;  
2. loss of use;
3. loss of savings, discount or rebate (whether actual or anticipated); and
4. harm to reputation.

1. 5. Notwithstanding any other provision of these Conditions, the liability of the parties shall not be limited in any way in respect of any losses that cannot be excluded or limited by all applicable law.

10. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Gr8 Mobile responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act and other applicable copyright laws and regulations and works to ensure that content on the Website does not infringe upon copyrights of third parties. If you believe that your copyrights have been infringed, please notify our DMCA designated agent as follows:

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner that is allegedly infringed;
• A description of the work that you claim has been infringed and a description of the infringing activity;
• A description of where the material that you claim is infringing is located, such as the URL where it is posted;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Gr8 Mobile’s copyright agent for notice of claims of copyright infringement can be reached as follows. Gr8 Mobile

DMCA Designated Agent

Email: info@gr8mobile.us

FORCE MAJEURE

11. 1. We shall not be liable if delayed in or prevented from performing our obligations due to events outside our reasonable control or due to compliance with legislation or regulations, provided that we:

1. promptly notify you of such event and its expected duration; and
2. use our best endeavours to minimise the effects of that event.

1. 2. If, due to events set out in clause 11.1, we:

1. are or shall be unable to perform a material obligation; or
2. are delayed in or prevented from performing our obligations for 14 days,

you may terminate the Contract on immediate notice.

12. TIME

Unless stated otherwise, time is not of the essence of any date or period specified in these Conditions or the Contract in relation to our obligations.

13. ASSIGNMENT; MODIFICATIONS
    1. We may assign, subcontract, or encumber any right or obligation under these Conditions or the Contract, in whole or in part, without your prior written consent.
    2. We retain the right, at our sole discretion, to modify these Conditions at any time. Whenever we modify these Conditions in substance, the label “updated” will be displayed next to the link "Terms and Conditions" in the footer to the Website, which link leads to these Conditions. The “updated” [M24] label will be removed after thirty (30) days or when you visit the updated Conditions to read them, whichever comes sooner. Please make sure you read the updated Conditions before using the Website.
    3. If any portion of these Conditions are unacceptable to you or will cause you to no longer be in compliance with these Conditions, you should discontinue use the Website. Your use of the Website now or following changes in these Conditions means that you have accepted and are bound by the changes. It is therefore important that you check the current version available from time to time and ensure you are updated as to any changes.
14. GOVERNING LAW/JURISDICTION AND MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS

PLEASE READ THE FOLLOWING PARAGRAPHCAREFULLY BECAUSE IT REQUIRES YOU LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROMUS.

1. 1. These Conditions and any dispute or claim arising out of, or in connection with, them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Delaware, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act (UCITA). Any cause of action or claim you might have with respect to these Conditions must be commenced within one (1) year after such claim or cause of action arises or shall be deemed waived.
   2. Any controversy or claim arising out of or relating to these Conditions, or the breach thereof, shall bedetermined by final and binding arbitrationadministered by the American Arbitration Association(“AAA”) under its Commercial ArbitrationRules and Mediation Procedures (“Commercial Rules”). There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The seat or place of arbitration shall be Kent County, Delaware. The arbitration shall be conducted, and the award shall be rendered, in English. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. The arbitrator will have no authority to award punitive damages.

If any provision in these Conditions should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from these Conditions if no such modification is possible, and the other provisions of these Conditions shall remain in full force and effect.

1. 3. EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY AND ALL RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM ARISING OUT OF OR RELATING TO THESE CONDITIONS. ALL CLAIMS AND DISPUTES ARISING OUT OF THESE CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

15. ENTIRE AGREEMENT

These Conditions constitute the entire agreement between you and Gr8 Mobile with respect to the subject matter of these Conditions and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Conditions. Our past, present, and future affiliates and agents can invoke our rights under these Conditions in the event they become involved in a dispute with you. Otherwise, these Conditions do not give rights to any third parties.