Legal

The BlackBerry Accessories Store provides you the opportunity to purchase certain products of Research in Motion Limited (RIM).

Unless otherwise noted, the products and services listed on the BlackBerry Accessories Store are offered and sold to you by GlobalWare Solutions (GWS), and as such, are provided in accordance with terms and conditions that GWS has established.

By ordering products or services through the BlackBerry Accessories Store, you are indicating your agreement to be bound by this Store Policy, including the Legal Terms and Conditions set forth below. Please read this page carefully.

Orders.
Orders are subject to acceptance by GWS.

When ordering from the BlackBerry Accessories Store, you will enter a part of the Web Site protected by SSL encryption technology. The Web Site employs Thawte technology, an industry standard encryption technology, to help ensure that your information does not get into the wrong hands. Whenever GWS transmits credit card information, we use a secure transmission method that helps ensure the security of your information. In order to protect your information and help ensure a safe shopping experience.

Payment.
The BlackBerry Accessories Store only accepts credit cards from the following companies:
American Express, Discover, MasterCard and Visa.

Return policy.
Returns are subject to the terms of the RIM Accessory Limited Warranty located on the BlackBerry Accessories Store.

Shipping Charges.
Shipping options and pricing will be listed on your Order form.

Privacy.
GWS may ask you for certain information (such as your credit card number and expiration date) when you order products from the BlackBerry Accessories Store. GWS may use this information for processing your order and may share this information with credit card processing companies, RIM, and any other third party that may need the information in order for your order to be processed. These organizations have their own privacy and data collection practices. GWS has no responsibility for these independent policies. Please see GWS's Privacy Policy for further details regarding GWS's use of information you supply.
 

LEGAL TERMS & CONDITIONS

Webstore.
This page states the terms and conditions under which you may use the BlackBerry Accessories Store. Please read this page carefully. If you do not accept these terms and conditions, do not order products or services through the BlackBerry Accessories Store. By ordering products or services through the BlackBerry Accessories Store, you are indicating your acceptance to be bound by these terms and conditions and the GWS Terms of Use. GWS may revise these terms and conditions at any time by posting an update to this page. The terms "you" and "user" as used herein refer to all individuals and/or entities ordering products or services through the BlackBerry Accessories Store for any reason.

Third Party Links.
The BlackBerry Accessories Store contains links to third-party web sites. These links are not an endorsement by GWS of the content of such third-party web sites. GWS is not responsible for the content of the third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access third-party web sites, you do so at you own risk.

GWS cannot ensure that you will be satisfied with any products or services that you purchase from the BlackBerry Accessories Store. GWS does not endorse any of these products, nor has GWS taken any steps to confirm the accuracy or reliability of any of the information contained on the third-party sites. GWS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby waive any claim against GWS with respect to such sites. GWS strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

Errors.
Pictures are shown for convenience only. GWS will not be responsible for typographical or other errors or omissions regarding prices or other information.

Prices & Availability.
Prices are in Great British pound's. Promotional offers and prices are for a limited time. Prices and configurations are subject to change without notice and do not include shipping and handling charges or applicable taxes and duties.

Credit Card Information.
If you choose to purchase a product online using a credit card, you accept all risks associated with doing so, including the risk that your credit card number or other information could be intercepted in transit. You understand that GWS will not be liable for any charges which may be made on your credit card as a result of interception, or any other misuse of your credit card or information transmitted or mis-transmitted to GWS.

Shipping Charges, Taxes, and Duties.
Separate charges for shipping and handling apply. You are responsible for sales and all other taxes and duties associated with the order, however designated, except for our excise taxes and taxes on our net income. If applicable, a separate charge for taxes and duties will be shown on the invoice.

Warranties.

Warranties, if any, for products are solely those offered by RIM. GWS PROVIDES THE BlackBerry Accessories Store AND THE PRODUCTS OFFERED THEREIN ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GWS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXTENSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIAL LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Software.
Any software is provided subject to the license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken. GWS does not warrant any software under this Store Policy. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

Products.
GWS and RIM may revise or discontinue products at any time.

Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL GWS BE LIABLE IN ANY WAY TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR RELIANCE DAMAGES IN CONNECTION WITH THE SALE OF PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF USE OF HARDWARE PRODUCTS OR ANY ASSOCIATED PERIPHERALS, DOWN-TIME, CHARGES FOR YOUR TIME AND EFFORT WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT OR NEGLIGENCE, EVEN IF GWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In-Warranty Accessories

1. Accessory Limited Warranty

The accessory provided to YOU and intended for use in conjunction with YOUR specific model of BlackBerry Handheld (the "Accessory"), will be free from defects in workmanship and materials for a period that is the shorter of: (a) one (1) year from the date that the Accessory was first purchased by YOU as an original end-user ("YOU") and (b) the period ending upon: (1) YOUR breach or termination of the BlackBerry End-User/Software License Agreement (the "License Agreement") entered into between YOU and Research In Motion Limited and/or its affiliated group of companies ("RIM"), or (2) YOUR breach of: (i) this Limited Warranty, (ii) the Limited Warranty provided with the BlackBerry Handheld, (iii) any limited warranty provided with any BlackBerry accessories or external batteries, or (iv) the safety information provided with the Accessory and/or the BlackBerry Handheld (the "Warranty Period"). This Limited Warranty is not transferable. During the Warranty Period, the Accessory will be repaired or replaced at RIM's option, without charge to YOU for either parts or labor. If the Accessory is repaired or replaced during the Warranty Period, the Warranty Period will expire, upon the later of the 91st day after repair or replacement or one year from the date of original purchase. Based on an agreement between RIM and the reseller or distributor through whom YOU purchased the Accessory and/or the BlackBerry Solution (the "RIM Solution Provider"), this Limited Warranty for the Warranty Period shall be honored by either RIM or the RIM Solution Provider. This Limited Warranty does not apply to normal wear and tear or if the Accessory or any component thereof is opened or repaired by someone not authorized by RIM, and does not cover repair or replacement of any Accessory damaged by: misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect, misapplication, or defects due to repairs or modifications made by anyone other than RIM. This Limited Warranty does not cover physical damage to the surface of the Accessory. This Limited Warranty does not apply to any equipment other than the Accessory. This Limited Warranty also does not apply if the malfunction results from the use of the Accessory in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by RIM, and where it is determined by RIM that such malfunction is not the fault of the Accessory itself. Additionally, if malfunction results from the failure of the user to abide by the Safety Information provided with the Accessory or provided with any component of the BlackBerry Solution, which comprises the BlackBerry Handheld, any BlackBerry accessories, including external batteries and SIM cards, the BlackBerry Desktop Software, and the associated wireless data service and documentation (the "BlackBerry Solution"), the Limited Warranty may be void, and if it is not void, it shall not apply. Please consult the documentation provided with the Accessory for instructions on how to obtain customer support for YOUR Accessory.

Any repair or replacement pursuant to this limited warranty could be requested by You from the RIM Solution Provider.

REPAIR OR REPLACEMENT OF THE ACCESSORY AS PROVIDED HEREIN IS THE EXCLUSIVE REMEDY PROVIDED TO YOU. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND EXCEPT AS SET OUT HEREIN ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. NEITHER RIM NOR ANY RIM SOLUTION PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE AND PERSONAL INJURY OR WRONGFUL DEATH DAMAGES) ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ACCESSORY, EVEN IF RIM OR A RIM SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT (INCLUDING NEGLIGENCE) OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. IN NO EVENT SHALL RIM'S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE ACCESSORY YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE ACCESSORY, WHICHEVER IS GREATER.

Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any other default.

If YOU reside in Canada this Limited Warranty is to be construed under the laws of the Province of Ontario. Otherwise, this Limited Warranty is to be construed under the laws of the State of New York, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration to be conducted in Ontario, Canada by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. No dispute between the parties, or involving any person but YOU, may be joined or combined together, without the prior written consent of RIM.

If a provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Limited Warranty, but rather (unless a failure of consideration would result therefrom) the Limited Warranty shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of each party shall be construed and enforced accordingly.

It is the express will of the parties that this Limited Warranty and any and all related documents be drawn up in English.

If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the Accessory, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.

WARNING: This Accessory is meant for use ONLY in conjunction with the appropriate BlackBerry Handheld. Please consult YOUR Installation and Getting Started Guide or Getting Started Guide, as applicable, to determine whether this Accessory is compatible with YOUR BlackBerry Handheld. Any other use will void this Accessory Limited Warranty, and RIM shall not in any way be liable to YOU or to any third party for any damages YOU or any third party may suffer as a result of use of this Accessory in conjunction with any device or accessory other than the appropriate BlackBerry Handheld.

2. Battery Limited Warranty

The external battery provided to YOU and intended for use in conjunction with YOUR specific model of BlackBerry Handheld (the "Battery"), will be free from defects in workmanship and materials for a period that is the shorter of: (a) one (1) year from the date that the Battery was first purchased by YOU as an original end-user ("YOU") and (b) the period ending upon: (1) YOUR breach or termination of the BlackBerry End-User/Software License Agreement (the "License Agreement") entered into between YOU and Research In Motion Limited and/or its affiliated group of companies ("RIM"), (2) breach of: (i) this Limited Warranty, (ii) breach of any limited warranty provided with the BlackBerry Handheld or any BlackBerry accessories, or (iii) breach of the safety information provided with the Battery (the "Warranty Period"). This Limited Warranty is not transferable. During the Warranty Period, if the Battery is defective in workmanship and materials (subject to the limitations herein), the Battery will be replaced without charge to YOU for either parts or labor. If the Battery is replaced during the Warranty Period, the Warranty Period will expire, upon the later of the 91st day after replacement or one (1) year from the date of original purchase. Based on an agreement between RIM and the reseller or distributor through whom YOU purchased the Accessory and/or the BlackBerry Solution (the "RIM Solution Provider"), this Limited Warranty for the Warranty Period shall be honored by either RIM or the RIM Solution Provider. This Limited Warranty does not apply to normal wear and tear, normal degradation of the Battery, or if the Battery or any component thereof is opened or repaired by someone not authorized by RIM, and does not cover replacement of any Battery damaged by: misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect, misapplication, or defects due to repairs or modifications made by anyone other than RIM. This Limited Warranty does not cover physical damage to the surface of the Battery. This Limited Warranty does not apply to any equipment other than the Battery. This Limited Warranty also does not apply if the malfunction results from the use of the Battery in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by RIM, and where it is determined by RIM that such malfunction is not the fault of the Battery itself. Additionally, if malfunction results from the failure of the user to abide by the Safety Information provided with the Battery or provided with any component of the BlackBerry Solution, which comprises the BlackBerry Handheld, any BlackBerry accessories, including SIM cards, the BlackBerry Desktop Software, and the associated wireless data service and documentation, the Limited Warranty may be void, and if it is not void, it shall not apply.

Any repair or replacement pursuant to this limited warranty could be requested by You from the RIM Solution Provider.

REPLACEMENT OF THE BATTERY AS PROVIDED HEREIN IS THE EXCLUSIVE REMEDY PROVIDED TO YOU. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND EXCEPT AS SET OUT HEREIN ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND/OR QUALITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE AND/OR ANY IMPLIED WARRANTY OR CONDITION OF NON-INFRINGEMENT. NEITHER RIM NOR ANY RIM SOLUTION PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE AND PERSONAL INJURY OR WRONGFUL DEATH DAMAGES) ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE BATTERY, EVEN IF RIM OR A RIM SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT (INCLUDING NEGLIGENCE) OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. IN NO EVENT SHALL RIM'S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE BATTERY YOU PURCHASED OR THE COST OF REPLACING THE BATTERY, WHICHEVER IS GREATER.

Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any other default.

If YOU reside in Canada this Limited Warranty is to be construed under the laws of the Province of Ontario. Otherwise, this Limited Warranty is to be construed under the laws of the State of New York, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration to be conducted in Ontario, Canada by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. No dispute between the parties, or involving any person but YOU, may be joined or combined together, without the prior written consent of RIM.

If a provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Limited Warranty, but rather (unless a failure of consideration would result therefrom) the Limited Warranty shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of each party shall be construed and enforced accordingly.

It is the express will of the parties that this Limited Warranty and any and all related documents be drawn up in English.

If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the Battery, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.

WARNING: This Battery is meant for use ONLY in conjunction with the appropriate BlackBerry Handheld. Please consult YOUR Installation and Getting Started Guide or Getting Started Guide, as applicable, to determine whether this Battery is compatible with YOUR BlackBerry Handheld. Any other use will void this Battery Limited Warranty, and RIM shall not in any way be liable to YOU or to any third party for any damages YOU or any third party may suffer as a result of use of this Battery in conjunction with any device or accessory other than the appropriate BlackBerry Handheld.

© 2002 Research In Motion Limited. All rights reserved. The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties of Research In Motion Limited. RIM, Research In Motion, 'Always On, Always Connected', the "envelope in motion" symbol and the BlackBerry logo are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other brands, product names, company names, trademarks and service marks are the properties of their respective owners. The handheld and/or associated software are protected by copyright, international treaties and various patents, including one or more of the following U.S. patents: 6,278,442; 6,271,605; 6,219,694; 6,075,470; 6,073,318; D,445,428; D,433,460; D,416,256. Other patents are registered or pending in various countries around the world. Please visit www.rim.net/patents.shtml for a current listing of applicable patents.