SAMSUNG CARE+ TERMS AND CONDITIONS (UPFRONT

20220215_SCPUE

SAMSUNG CARE+ TERMS AND CONDITIONS (UPFRONT ENROLMENT)

1. TERMS, ACCEPTANCE AND INTERPRETATION

1.1 These terms and conditions (Terms) set out the agreement between you and

Samsung (the Agreement) in relation to your purchase and use of Samsung Care+

(the Program).

1.2 You acknowledge that you have read and fully understood these Terms. Your use

of the Program, upon the Start Date, constitutes unconditional acceptance to be

bound by these Terms as may be amended from time to time.

1.3 Words and phrases which appear in bold are defined in the context which they

appear or in the definition clause 13 below.

1.4 A reference to “you” and “your” means the customer who seeks to enrol or has

enrolled for the Program.

1.5 Australian Consumer Law and Consumer Guarantees - Our goods and services,

including Samsung Care+, come with statutory Consumer Guarantees that cannot

be excluded under the Australian Consumer Law. If your Registered Device

(which includes a Like Mobile Device received under a Swap) suffers a defect or

failure which is covered by a Consumer Guarantee, you are entitled to a repair,

replacement or refund (at Samsung’s discretion) for a minor failure or a refund or

compensation for a major failure. When you request a Swap under Samsung

Care+, we will ask you to provide information about your Registered Device to

determine if there is a defect or failure that is covered under a Consumer

Guarantee. Any remedy under the Australian Consumer Law will not be

considered a Swap under this Agreement and a Swap Fee will not be payable.

2. PROGRAM OVERVIEW

Subject to these Terms, Samsung Care+ permits you to swap your Registered

Device for a Like Mobile Device twice in 24 months from the Start Date. You

must return your Registered Device to complete the swap.

3. ENROLMENT

3.1 Eligibility Criteria – In order to apply for enrolment for the Program for an Eligible

Device you must:

3.1.1 provide your full name and email address; and

3.1.2 pay the upfront Enrolment Fee.

3.2 Time of application – You must make your application either:

3.2.1 at the time you purchase your Eligible Device; or

3.2.2 up to 30 days after you purchase your Eligible Device (Post Purchase

Application) subject to successfully completing the Post Purchase

Declaration via the Samsung Care+ Portal including the following:

(a) uploading proof of purchase of your Eligible Device;

(b) confirmation that your Eligible Device is in your possession and in

good working order by:

(i) uploading an image of back of your Device and an image of the

front of your Device with the IMEI displayed on screen; and

(ii) completing a declaration about the condition of your Device.

3.3 Acceptance and rejection -

3.3.1 If your application to enrol in the Program is unsuccessful, Samsung will

inform you of this (by email, telephone or SMS) within:

(a) 7 days of your application date where you made your application at

the same time you purchased your Eligible Device; or

(b) 30 days of your application date where you made a Post Purchase

Application.

Otherwise, the Start Date of your Subscription to the Program is the date

upon which you receive your Eligible Device, which has been registered

under the Program.

3.3.2 Your application may be unsuccessful:

(a) if you have previously been rejected or terminated from the Program

or service similar to the Program; or

(b) if you make a Post Purchase Application and:

(i) fail to comply with the requirements in clauses 3.2.2(a) and

3.2.2(b); or

(ii) the images you upload of your Device indicate that your

Device is not in good working order, as reasonably determined

by us.

3.3.3 Your application for enrolment in the Program may be rejected or your

Subscription to the Program may be terminated within 30 days of your

application date if any of the eligibility criteria in clause 3.1 are not met.

3.3.4 Upon enrolment into the Program, your Eligible Device will become your

Registered Device.

3.4 Enrolment conditions – You may enrol multiple Eligible Devices (each with a

separate IMEI and MDN) under separate Subscriptions. You will be charged an

Enrolment Fee for each enrolled Eligible Device and each Subscription will have

separate Swap entitlements.

4. FEES

4.1 Enrolment Fee – You will pay the applicable fee provided to you immediately

prior to your application for enrolment (Enrolment Fee):

4.2 Swap Fee – For each Swap Request for a Swap under these Terms you will pay

the applicable fee provided to you immediately prior to your Swap (Swap Fee).

The Swap Fee must be paid at the time of your Swap Request using the Samsung

Care+ Portal or any other payment method that Samsung may choose to make

available.

4.3 Device Non-Return Fee (Registered Device) – You must return your Registered

Device (using the reply-paid envelope) to Samsung within 14 days of receipt of

the Like Mobile Device or you will be charged a Device Non-Return Fee. You will

be advised of the amount of the Device Non-Return Fee when you make a Swap

Request. You authorise Samsung to charge your Credit Card for the Device Non-

Return Fee.

4.4 Device Non-Return Fee (Like Mobile Device) – If you are supplied a defective Like

Mobile Device pursuant to a Swap and you are sent a second Like Mobile Device

as a substitute, you must return the first Like Mobile Device to Samsung within

14 days of its receipt, using the reply-paid envelope. If you do not, you will be

charged a Device Non-Return Fee. You will be advised of the amount of the

Device Non-Return Fee when we agree to issue a second Like Mobile Device.

You authorise Samsung to charge your Credit Card for the Device Non-Return

Fee.

4.5 Incorrect Device – If the Device you return pursuant to a Swap does not

correspond to the Registered Device (model & IMEI), then you must return the

correct Registered Device (at your own cost) within 7 days of receipt of a notice

from Samsung to do so. If you fail to do so, Samsung will charge you a Device

Non-Return Fee. The notice from Samsung will specify the amount of the

applicable Device Non-Return Fee. You authorise Samsung to charge your Credit

Card for the Device Non-Return Fee. You may request Samsung to return the

incorrect Device to you at your cost.

4.6 Inoperable Device – If you return a Registered Device as part of a Swap and it is:

4.6.1 disabled or locked (including IMEI blocked) and Samsung is not able to

remedy this; and/or

4.6.2 has missing, customised or non-original parts,

(either, an Inoperable Device), your Swap Request will be cancelled. If a Like

Mobile Device has already been dispatched to you, Samsung will take reasonable

steps to contact you and request that you, within 14 days:

4.6.3 unlock or enable the Inoperable Device or take other steps to make the

Inoperable Device operable; or

4.6.4 return the Like Mobile Device.

4.7 If you do not comply with either clause 4.6.3 or 4.6.4 (as the case may be),

Samsung will charge you an Inoperable Device Fee. You authorise Samsung to

charge your Credit Card for the Inoperable Device Fee. Samsung will return the

Inoperable Device to you and charge you for the delivery fees. You authorise

Samsung to charge your Credit Card for the delivery fees.

4.8 Modified Devices – If the Device you return pursuant to a Swap has been subject

to Modification, then Samsung will:

4.8.1 reject the Swap Request at the time the Registered Device is received

and your Swap Request will be considered cancelled. Samsung will refund

the Swap Fee by the original method of payment;

4.8.2 upon your request, return the Registered Device to you at your cost. You

authorise Samsung to charge your Credit Card for the delivery fees.

4.9 GST – All fees set out in this clause 4 and throughout these Terms are inclusive of

GST. In the event of a change to the rate of GST, Samsung reserves its right to

adjust the Fees and prices accordingly.

5. SWAP REQUEST

5.1 You may file up to two Swap Requests in the 24-month period from the Start

Date (Limit).

5.2 You may make a Swap Request by using the Samsung Care+ Portal.

5.3 Your Swap Request will only be accepted if:

5.3.1 you are successfully enrolled in the Program;

5.3.2 the IMEI of the Registered Device, subscriber’s name and mobile phone

number correspond with the information given to Samsung by you at

enrolment or pursuant to any change in accordance with clause 9;

5.3.3 you provide any additional information reasonably requested by

Samsung, including in the form of a signed confirmation or

acknowledgment;

5.3.4 you are within the Limit as set out in clause 5.1 above;

5.3.5 Samsung has no reasonable belief that you have transferred, retailed,

sold, or hired your Registered Device to another person;

5.3.6 the Swap Request is not for a Device Accessory;

5.3.7 the Registered Device has not been the subject of Modification; and

5.3.8 Samsung reasonably believes that you are not using the Program in a

manner which is, or is reasonably believed to be, (i) fraudulent, illegal or

related to any criminal activity, or (ii) intended to make a commercial

gain.

5.4 Information – When you make a Swap Request, you are not required to establish

that your Registered Device is broken or damaged.

6. SWAP

6.1 Preparation – You must turn off any personal lock security feature before

returning your Registered Device via the pre-paid envelope provided.

6.2 Title and rights – Title in and any rights to the Registered Device shall be

transferred to Samsung on the Acceptance Date of your Swap Request relating

to that Registered Device. You hereby assign to Samsung all associated rights and

benefits of any Samsung warranty. You shall not transfer, sell, hire or otherwise

deal with the Registered Device in a manner that is not consistent with the

ownership rights of Samsung.

6.3 Samsung actions – Samsung, as the owner of the previous Registered Device,

may take any other action consistent with ownership of the previous Registered

Device that it deems necessary including informing the police and any other

relevant law enforcement authorities to assist in recovery of the previous

Registered Device.

6.4 Data left on Device and transfer – You shall be solely responsible for all data

stored in your Registered Device and you shall delete all data from the

Registered Device before providing it to Samsung. Samsung is not responsible for

data you leave on the Registered Device and will not transfer any such data or

information between the Registered Device and the Like Mobile Device.

6.5 No representation or warranty – Samsung makes no representation or warranty

that any Like Mobile Device will be identical, of the same colour or offer the

same functionalities as your Registered Device.

7. DELIVERY

7.1 Address – Except in relation to international delivery pursuant to clause 7.5, the

delivery must be to your registered or billing address. Samsung will not deliver a

Like Mobile Device to any public place.

7.2 Timings – A Like Mobile Device will be dispatched to you on the same Business

Day that you submit a Swap Request, provided that we receive and approve your

Swap Request by 3pm AEST/AEDT on a Business Day, and a Like Mobile Device is

available in stock.

7.3 Backorders – If a Like Mobile Device is not available in stock at the time you

make a Swap Request, we will place a priority backorder request for a Like

Mobile Device.

7.4 Costs – Deliveries to an address in Australia will be made at no charge to you.

7.5 International delivery -

7.5.1 If you make a Swap Request for delivery to a location outside of Australia,

a Like Mobile Device will be delivered to you by Courier at your cost. You

must pay the delivery costs by Credit Card at the time of your Swap

Request.

7.5.2 You must return (at your cost) your Registered Device to Samsung within

21 days of receipt of your Like Mobile Device or a Device Non-Return Fee

will be charged. You will be advised of the amount of the Device Non-

Return Fee when you make a Swap Request. You authorise Samsung to

charge your Credit Card for the Device Non-Return Fee.

7.6 The Like Mobile Device will not be delivered in original packaging.

7.7 Acknowledgement – You acknowledge that:

7.7.1 the Program is not intended to be used for commercial gain;

7.7.2 Samsung will delete all data on the previous Registered Device without

reference to you;

7.7.3 upon acceptance of the Swap Request, title in the Registered Device is

transferred to Samsung in accordance with clause 6.2; and

7.7.4 where your Registered Device is replaced under a warranty claim or

pursuant to any statutory Consumer Guarantee, you must contact

Samsung through the Samsung Care+ Portal to advise us of the

replacement IMEI number.

8. TERM AND TERMINATION

8.1 Samsung will supply the Program to you from the Start Date until it is terminated

in accordance with this clause.

8.2 Termination by you – You can terminate your Subscription to the Program in the

following circumstances:

8.2.1 if you are entitled to reject the Device under the Australian Consumer

Law (for example, because of a major failure) and you elect to return the

Device for a refund; or

8.2.2 your Device is subject to a recall and is returned.

If you elect to terminate your Subscription in accordance with clause 8.2.1 or

8.2.2, Samsung will discuss with you any available refund options in relation to

your Subscription.

8.3 Termination by Samsung – Samsung may immediately terminate your

Subscription to the Program and the Agreement at any time if Samsung

reasonably believes that:

8.3.1 you are using the Program (whether intentionally or not) in a way that

may adversely impact the reputation of Samsung;

8.3.2 you are using the Program in a manner which is, or is reasonably believed

to be:

(a) fraudulent, illegal or related to any criminal activity; or

(b) intended to make a commercial gain;

8.3.3 you have breached, or are likely to breach, these Terms;

8.3.4 you are or may become bankrupt or unable to pay your debts as they fall

due;

8.3.5 you have provided Samsung with incorrect, false or incomplete

information;

8.3.6 you have not paid any amounts due to Samsung under these Terms for a

period exceeding 30 days from its due date; or

8.3.7 you are likely to create imminent harm or harass or are abusive to any

personnel of Samsung and its service providers, sub-contractors and

agents.

8.4 Automatic – Your Subscription to the Program and the Agreement will terminate

immediately if Samsung discovers that you have transferred, sold, displayed for

sale, or let on hire your Registered Device. Your Subscription cannot be

transferred to another person, and any person who acquires your Registered

Device will not have any benefit under these Terms.

8.5 Consequences of termination -

8.5.1 No reactivation – If your subscription to the Program has been

terminated in relation to a Registered Device, your subscription to the

Program cannot be reactivated for that Registered Device.

8.5.2 Swap Requests – If you have made a Swap Request which is not fulfilled

as at the time of the termination, the Swap Request may be cancelled.

9. CHANGE OF REGISTERED DEVICE

Your Registered Device may not change except for:

9.1 the change made pursuant to a Swap; or

9.2 the exchange of your Registered Device under a warranty scheme or statutory

Consumer Guarantee; or

9.3 If there is at least 10 full months remaining of your Subscription, you may

transfer your Subscription to a new upgraded Eligible Device. The new Eligible

Device must be in the same Device Category as your Registered Device. If

applicable, you will be advised of the associated transfer fee immediately prior to

the Subscription transfer.

9.4 You must inform Samsung through the Samsung Care+ Portal of any change

under clause 9.2 or 9.3 and provide proof of the exchange where necessary in

order for Samsung to update its records with the IMEI of the new Device, from

which time the new Device will become the Registered Device.

10. DATA PRIVACY

10.1 Device Program – The Samsung Personal Data Protection Policy which may be

found at https://www.samsung.com/au/info/privacy/ or such other link as may

be notified by Samsung from time to time (PDP Policy), which applies to the

Program.

10.2 Consent – You also agree that by:

10.2.1 making an application to enrol for or continuing to use the Program, you

are giving consent to Samsung and its service provider, Asurion, to

collect, use and/or disclose your Personal Information in accordance with

the Data Privacy Laws and the PDP Policy for the purposes of:

(a) assessing your eligibility to enrol, and continuing to be enrolled in the

Program or using the Program;

(b) providing you with the Program;

Program;

(d) managing commercial risks, and preventing, detecting, and

investigating suspected illegal activity, fraud, or disputes (collectively

the Purposes);

(e) complying with any relevant governmental and/or regulatory

authorities where legally required;

10.2.2 using the Program, you consent to Samsung ’s service provider, Asurion,

storing or hosting data with Asurion’s affiliates, partners and subsidiaries,

or with Asurion’s unaffiliated third parties including third-party service

providers, whether in Australia or other countries, for the purpose of

providing you with the Program or for any other purpose specified in the

PDP Policy.

11. MISCELLANEOUS

11.1 Changes – The features and services of the Program, these Terms and the Fees

are subject to change. Samsung will notify you of any changes that are likely to

be of material detriment to you through the Website. The latest version of these

Terms will be made available on the Website.

11.2 Service providers, contractors and third parties – Samsung has appointed Asurion

to provide services in respect of the operation of the Program, including dealing

with all customers, the provision of Like Devices and processing payments on

Samsung’s behalf. Samsung may also use other third parties in respect of the

Program. Actions taken by any party appointed by Samsung are taken to be

actions of Samsung and your sole recourse will be against Samsung and not

Asurion or any other third party.

11.3 Governing law – The Agreement will be governed by and construed in

accordance with the laws of New South Wales.

11.4 Entire agreement – This Agreement represents the parties' entire agreement in

relation to Samsung Care+ and supersedes all prior representations,

communications, agreements, statements and understandings, whether oral or in

writing.

11.5 Promotions – Samsung may from time to time offer promotions relating to all or

any of the Program. Any such promotions shall be governed by the terms and

conditions of the applicable promotion, and by these Terms to the extent that

the promotion’s terms and conditions are silent. In the event of any conflicts

between a promotion’s terms and conditions and these Terms, the promotion’s

terms and conditions shall prevail.

12. ENQUIRIES

If you have any queries, complaints, claims or feedback regarding the Program, please

contact Samsung by using the Samsung Care+ Portal.

13. DEFINITIONS

13.1 Acceptance Date means the date when Samsung accepts your Swap

Request.

13.2 Asurion means Asurion Australia Pty Ltd (ABN 18 155 388 275).

13.3 Business Day means any day except Saturday and Sunday and any public

holiday recognised in the State of New South Wales.

13.4 Courier means a third-party logistics agent appointed by Samsung to make

deliveries in relation to the Program.

13.5 Credit Card includes: VISA and MasterCard credit cards or any other credit

card advised to you at the time of payment.

13.6 Customised Mobile Device means a Device that has been customised or

made to order for a particular end user (e.g. an exclusive colour variant of a

Device that is only offered for sale on Samsung’s Website and requires

special production).

13.7 Data Privacy Laws means Commonwealth, State and/or Territory legislation

in relation to the collection, use, storage, transfer, security or disclosure of

any personal information, including (without limitation) the Privacy Act

1988 (Cth).

13.8 Device means an Australian variant of a Samsung mobile wireless device

that:

(a) has a display screen;

(b) supports one or more wireless network connectivity options; and

It does not include any Device Accessories.

13.9 Device Accessory means anything that is either:

(a) provided by Samsung, as the original manufacturer, in the box with a

Device; or;

(b) sold separately to be used in conjunction with a Device. It includes:

(i) SIM cards;

(ii) memory cards;

(iii) chargers;

(iv) ear buds;

(v) boxes;

(vi) cases;

(vii) cables;

(viii) mounts; and

(ix) docking stations.

13.10 Device Category means the tier outlined for your Registered Device as

advised in your Agreement and the supported Device list on the Website at

the time of your enrolment.

13.11 Device Non-Return Fee is the fair market value cost to replace your original

Registered Device or, if the model of your original Registered Device is no

longer available, a similar device in the same Device Category, and includes

any administration fee applied in connection with the failure to return.

13.12 Eligible Device means a Device supplied to you:

(a) as new by Samsung or any of its approved Retail Partners and is

eligible to be registered in the Program at the time of purchase or

transfer; or

(b) as a Like Mobile Device, pursuant to the Program;

which (including the IMEI) you have reported to Samsung through

the Samsung Care+ Portal.

13.13 Enrolment Fee has the meaning given to that term in clause 4.1.

13.14 Fees means the fees set out in clause 4 and clause 7.

13.15 IMEI means the international mobile equipment identity number of a

Device.

13.16 Inoperable Device Fee is a reimbursement fee equal to the fair market

value of the Like Mobile Device sent to you pursuant to a Swap.

13.17 Hardware Modification means any modification made to a Device’s

hardware not undertaken or authorised by Samsung.

13.18 Like Mobile Device means a Device, compared to the Registered Device,

that:

(a) may be new or refurbished;

(b) is of similar kind, quality and functionality;

(d) has a different IMEI;

(e) does not include any Device Accessories; and

(f) is not a Customised Mobile Device.

13.19 Limit has the meaning given to that term in clause 5.1.

13.20 Modification means Software Modification or Hardware Modification or

both.

13.21 Personal Information means information or an opinion about an identified

individual or an individual who is reasonable identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or

not.

13.22 Post Purchase Declaration means a web form completed by you regarding

the condition of your Eligible Device.

13.23 Registered Device means an Eligible Device that Samsung has registered

with reference to its IMEI for the Program in accordance with these Terms.

13.24 Retail Partner means an agent, appointed by Samsung to sell Subscriptions

to the Program.

13.25 Retail Store means any Samsung store or any retail store in Australia

approved by Samsung to sell the Program.

13.26 Samsung means Samsung Electronics Australia Pty Ltd (ABN 63 002 915

648)

13.27 Samsung Care+ Portal means an on-line web portal, which may be accessed

via the Website, and which Subscribers will use to lodge Swap Requests

and carry out other administrative tasks in relation to the Program.

13.28 Samsung Store means a retail store branded as “Samsung” in Australia

operated by or on behalf of Samsung.

13.29 Software Modification means modification made to a Device’s operating

system not undertaken or authorised by Samsung and includes software

modification known as ‘jail-breaking’ and ‘rooting’.

13.30 Start Date has the meaning given to that term in clause 3.3.

13.31 Subscriber means a subscriber to the Program, who has complied with all

eligibility criteria and has been accepted into the Program.

13.32 Subscription means your subscription to the Program, pursuant to these

Terms and your Agreement with Samsung.

13.33 Swap means the exchange of a Subscriber’s Registered Device for a Like

Mobile Device permitted under these Terms.

13.34 Swap Fee means the fee set out in clause 4.2.

13.35 Swap Request means a request for a Swap permitted under these Terms.

13.36 Website means the Samsung website.