1. Insta360 TradeUp Program (“Program”) is offered by Arashi Vision Inc., a corporation organized under the laws of People’s Republic of China (for the purpose of this Agreement, the term “PRC” does not include Taiwan, Hong Kong and Macao, hereinafter the same), having its headquarter at 11th Floor, Building 2, Foresea Life Center, 1100 Xingye Road, Haiwang Community, Xin'an Street, Bao'an District, Shenzhen, Guangdong, China.
2. IN THIS TERMS AND CONDITIONS, Insta360 REFERRED TO AS "WE", "US"AND "OUR". AN ELIGIBLE PARTICIPANT IS REFERRED TO AS "CUSTOMER", "YOU", "YOUR" AND "YOURSELF". BY PARTICIPATING IN THIS PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO ABIDE BY THIS TERMS AND CONDITIONS. IF YOU REFUSE TO ACCPET THIS TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO TRADE IN ANY DEVICE WITH US VIA THIS PROGRAM.
3. This Program commences from December 22, 2021, and is only available for customers from U.S. and Japan (“Territory”) . IF YOU ARE A MINOR UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE, PLEASE READ CAREFULLY AND FULLY UNDERSTAND THIS TERMS AND CONDITIONS ACCOMPANIED BY YOUR LEGAL GUARDIAN, AND SUBMITTING ANY TRADEUP ORDER AFTER OBTAINING THE CONSENT OF THE LEGAL GUARDIAN.
4. Insta360 reserves the right to amend this Terms and Conditions and relevant appendix without prior notice. You are suggested to keep up to date with the latest version when submit an Order.
5. This Program is a reward plan for Insta360 Customers. According to this reward program, when you initiate an Order to purchase Insta360 products within the service scope of this Program, you can transfer the ownership of your original equipment to Insta360 in exchange for a certain amount of TradeUp reward program discount coupons (TradeUp Discount Coupon) used to deduct the price of the Order.
6. The amount of TradeUp Discount Coupon is determined by several factors, such as the brand, model and depreciation degree of the device you currently hold, and fluctuated subject to the Insta360 Camera you are Ordering. For the specific pricing method, please refer to "Insta360 TradeUp Program - TradeUp Now "(https://store.insta360.com/tradeup).
7. We will send you a confirmation email after confirming the receipt of your original device and verifying it. The shipment of your Order will be completed within 5 working days after the email is sent.
8. This Program only applies to cameras (“Original Device”) listed on the Program website, more details can be referred to Program Website (https://store.insta360.com/tradeup).
9. “Unacceptable Device”, for the purpose of this Terms and Conditions, shall include any Device which is made or sold under a brand name without Insta360’s authorization; or has been altered without Insta360’s consent; or is stolen or obtained by any unlawful means or improper methods. We do not accept any Unacceptable Device aforementioned and reserve the right to seek compensation from you for any loss and damages caused by Unacceptable Device.
TradeUp Discount Coupons and Usage
10. The amount of the TradeUp Discount Voucher ("Preliminarily Offer") will be preliminarily determined based on the Original Device details you submit. The estimated offer on the Program website shall not refer to the ultimate offer which shall be confirmed at Insta360’s sole discretion.
11. The Preliminarily Offer is valid for thirty (30) days from the date you submit your TradeUp Order. If you fail to deliver the equipment to us within thirty (30) days, we reserve the right to cancel the Preliminarily Offer or change the Preliminarily Offer. Insta360 has the right to update and determine the evaluation mechanism of equipment reimbursement value according to market conditions. Insta360 is not responsible for further notice, please check the latest news in time.
12. Under this Program, equipment with Preliminarily Offer valued zero (0) will not be reimbursed.
13. Once we receive your Original Device, we will verify the brand and model through your Order. Once confirmed, we will send you a notification email to confirm receipt of the original equipment and the amount of the TradeUp Discount Coupon after final confirmation.
14. If any of the device details stated in the TradeUp Order do not match our verification results, we will adjust the TradeUp Discount Coupon amount issued based on the TradeUp Order and notify you by email of the adjusted amount. You should: (a) confirm the adjusted TradeUp Discount Coupon amount by email, or (b) decline the adjustment by email. Based on your response, we will adjust the Order amount and ship the Order within five (5) business days of your acceptance, or contact you to return the device to you. We do not cover the freight of sending your Original Device back.
15. If we are unable to verify your Original Device for any reason, we will contact you by email for further solution. If we do not receive any response from you within the following 7 days, the Original Device will be returned to you. We do not cover the freight of sending your Original Device back.
16. TradeUp Discount Coupons cannot be accumulated. Purchases of new Insta360 action cameras included in the TradeUp program can only be used with one discount. TradeUp Discount Coupons cannot be exchanged for cash, credit or other gifts.
17. The use of TradeUp Discount Coupons is subject to the policies and terms of the Insta360 Online Store (https://store.insta360.com/).
18. Ownership of the Original Device shall be transferred to Insta360 upon confirmation of receipt of the Order.
Represents and Warrants
19. By participating in this Program, you represent and warrant as bellow:
a) You are eligible for this Program under the conditions set in Art.3 and are legally capable to enter into these Terms and Conditions.
b) You own full right to the Original Device which are free from any third party right and are legally capable to sell or dispose the Original Device without any limitations and restrictions. Your submission of the Original Device by participating in this Program shall be deemed to have agreed to the legally transfer of the ownership of the submitting Device to Insta360.
c) The Original Device you submitted are eligible for this Program and not breach the requirement set in Art.6.
d) You are aware that all the personal data from your Original Device will be deleted after being processed under this Program. You shall remove the data on your own, Insta360 shall not be responsible for any damage or loss of personal data on your Original Device.
e) You confirm that all the information you provided to us, including but not limited to the type, brand, model of the Original Device (collectively “Device Particulars”) shall be true and accurate.
f) You release Insta360 of any liabilities or claims that may arise for your breaches to this Terms and Conditions; if any damages, costs and expenses are asserted against the Insta360 by any third party due to your breaches to this Terms and Conditions, you shall indemnify Insta360 for these third party claims, including Insta360’s reasonable and properly incurred costs of its legal defense, and offer Insta360 necessary assistance in its legal defence. You shall cooperate with Insta360 in good faith with such defence or settlement including permitting Insta360 to defend such claims at its option.
g) You defend, indemnify and hold harmless us from and against any claims, losses or damages of any type suffered by us in connection with this Program.
20. Logistics Service under this Program for U.S. residents is provided by our faithful partner, Fedex (Sgawa and Fedex are collectively referred to as the “Logistic Partners”). You can check the pre-paid shipping label via the email we send you to keep track of the real-time logistics information. Logistics Service under this Program for Janpanese residents is provided by our faithful partner, Sagawa. You can check the real-time logistics information by visiting Sagawa’s official website : https://www.sagawa-exp.co.jp/. Once you have shipped your old device to us, the TradeUp order can no longer be cancelled, and Insta360 cannot guarantee to stop the shipment or return the device to you if you changed your mind after the shipment.
21. Once you have successfully submitted your TradeUp Order, please pack your device and mail it to the specified address provided in the mail within thirty (30) days comply with the above time limits, the relevant order will be closed.
22. Please ensure that the Original Device is properly packaged and sealed, and does not contain any harmful objects that can damage the Original Device during transportation. We are not responsible for any loss or damage to Device during transportation due to improper packaging of the Original Device. You agree that we will not be liable for any other goods and/or accessories not stated in the TradeUp Order but delivered to us for any reasons.
Device Data and Personal Information
23. Before you deliver the Original Device to the Logistics Partner, you must make your own backup of the Original Device data and remove the SD card and/or data storage card from the Original Device.
24. You shall provide your accurate personal information for Logistics Service, including but not limited to name, home address, contact information. These Information will be only used for Order confirmation, Logistics Services, and contact as necessary.
25. All product and brand names appeared in this Program are used for identification purposes only. All trademarks or registered trademarks and any related intellectual property are solely owned by the respective owners.
26. This Terms and Conditions constitutes the entire agreement between you and us in relation to this Program and superseded all prior communications whether written or oral. All the right and obligation of this Terms and Conditions cannot be transferred to any third party.
27. We shall not be liable if any of our obligations under this Terms and Conditions are not fulfilled as a result of force majeure.
28. Nothing in this Program constitutes an offer by us to purchase your Device.
29. By participating in this Program, you expressly agree to abide by this Terms and Conditions. We reserve the right in our sole and absolute discretion to disqualify any participant who we reasonably believe that has breached any of this Terms and Conditions. We reserve all rights to claim for damages or other compensation toward such participant.
30. We shall not be liable for any indirect, special or consequential loss or damage you may suffer in connection with this Program or any matter that is provided under this Terms and Conditions.
32. If any provision of this Terms and Conditions is or becomes invalid, illegal or unenforceable, such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if this Terms and Conditions had been executed without the invalid illegal or unenforceable provision.
33. This Terms and Conditions shall be governed by and construed in accordance with the laws of People’s Republic of China without regard to its conflict of law principles.
34. Any disputes arising from this Terms and Conditions shall be settled by both Parties through friendly consultation on the principle of common development to the maximum extent. If no settlement can be reached through consultation within thirty (30) days, both parties agree that any party may submit the dispute to the Shenzhen Court of International Arbitration and request for rendering an arbitral award in Shenzhen, PRC China, in accordance with the terms of the settlement agreement pursuant to the Arbitration Rules. The arbitral award is final and binding upon both parties.
35. A person who is not a Party to this Terms and Conditions has no rights to enforce or to enjoy the benefit of any term of this Terms and Conditions.