Samsung Upgrade Program Terms
The Samsung Upgrade Program (the “Upgrade Program”) allows you to purchase an initial eligible Samsung smartphone under the Samsung Financing Program, with an option to upgrade to a new eligible Samsung smartphone at least twelve (12) months after the date on which Samsung ships your Initial Device (as defined below) to you. The Upgrade Program is described in the following terms (the “Upgrade Terms”). By enrolling or participating in the Upgrade Program, you accept and agree to these Upgrade Terms. 1. How To Participate To participate in the Upgrade Program, you must opt-in when you purchase your Initial Device on Samsung’s website at www.samsung.com (the “Website”) or using the Shop Samsung App (the “App”) and meet the initial requirements in Section 2 below. To upgrade after you have successfully opted into the Upgrade Program and met all initial requirements, you must meet the upgrade eligibility requirements in Section 3 below and follow the upgrade process in Section 4 below. 2. Initial Requirements You must meet each of the following requirements to participate in the Upgrade Program:
• Opt-in at the Website or using the App, as described in Section 1 above.
• Apply and be approved for a Samsung Financing Program Account. The Samsung Financing Account (the "Financing Account") is a credit card account and is subject to credit approval and issued by TD Bank, N.A. (“TD Bank”). For additional information on the Financing Account and the available financing offers, see the Samsung Financing Program Account Agreement with TD Bank and the promotional offers made to you when you make an eligible purchase. If you were approved for a Financing Account prior to opting in to the Upgrade Program, you may use it to participate, subject to the available credit line.
• Make an initial purchase on the Website or through the App of an eligible Samsung smartphone using the Financing Account. The purchase of your initial eligible Samsung smartphone (“Initial Device”) must be made using your Financing Account on the Website or through the App. The Initial Device purchase will be included in the currently available promotional financing offer. The total amount you must pay (including the price and any applicable taxes and shipping charges) to purchase your Initial Device is referred to in these Upgrade Terms as the “Financed Amount.” Samsung smartphones available for the Upgrade Program are identified on the Website and the App at the time of purchase together with an opportunity to opt-in.
• Have a Samsung Account. You must create a new Samsung Account or log-in to your existing Samsung Account. For information, see samsung.com/myaccount/. NOTE: Your Samsung Account is different than the Financing Account issued by TD Bank. 3. Eligibility To Upgrade To upgrade, you must meet the following requirements at the time of the upgrade:
• At least twelve (12) months must have passed since the date on which Samsung shipped your Initial Device to you. Samsung will determine this by counting three hundred sixty-five (365) days from the date of shipment.
• Your Financing Account must be open and in good standing. To be in good standing, your Financing Account must be open, available for use, current, and have sufficient available credit to make the upgrade purchase. Additional requirements may be contained in your Financing Account Agreement.
• If you purchased Premium Care service for your Initial Device, note that Samsung no longer requires you to maintain Premium Care coverage to be eligible to upgrade. However, if you cancel Premium Care, you will lose the protection it provides.
• You must return your Initial Device to Samsung using the upgrade process in Section 4 below. When returned, your Initial Device must be in good condition and must meet Samsung’s additional requirements for upgrade. Section 7 below describes how Samsung will determine whether your Initial Device is in good condition and states the additional requirements that will apply. 4. How To Upgrade If you meet the initial requirements in Section 2 and the upgrade requirements in Section 3, by doing the following you may upgrade your Initial Device and receive an Upgrade Credit from Samsung to be applied to the balance of the Financed Amount that remains outstanding on your Financing Account with respect to your Initial Device:
• Purchase a new, eligible Samsung smartphone (“Upgrade Device”) under the Upgrade Program using the Financing Account, under the then-available financing terms and conditions, at the Website or using the App. Eligible smartphones will be identified from time to time on the Website or the App..
• Return your Initial Device to Samsung. Within fourteen (14) days after the purchase date of your Upgrade Device under the Upgrade Program on the Financing Account, you must follow the instructions for the return of your Initial Device, including using any traceable shipment method provided by Samsung. As described in Section 7 below, your Initial Device must be in good condition and must meet Samsung’s additional requirements for upgrade. The purchase date of your Upgrade Device is the date Samsung shipped the Upgrade Device to you. Samsung will consider your Initial Device returned as of the date you give it to Samsung’s authorized shipping provider with the prepaid return label Samsung sent you. By returning your Initial Device, you transfer title and ownership to Samsung. You disclaim any further right, title or interest in and to the Initial Device, including the right to sell, dispose or otherwise collect or realize the value of the Initial Device. Once you return your Initial Device to Samsung, it cannot be returned to you for any reason. As provided in Section 6 below, Samsung and its representatives are not responsible for your personal data, so be sure to remove all personal data from your Initial Device before you return it to Samsung.
• If you do not return your Initial Device to Samsung as provided in this Section 4, then an Upgrade Credit will not be applied to your Financing Account. You will remain obligated to make the minimum monthly payments for the Financed Amount that remains outstanding on your Financing Account. 5. Upgrade Credit To Your Financing Account After you return your Initial Device to Samsung, Samsung will determine whether it is in good condition and whether it meets Samsung’s additional requirements for upgrade, as described in Section 7 below. Samsung will then authorize a credit (the "Upgrade Credit") to the Financing Account as follows:
• Maximum Credit. If your Initial Device is determined to be in good condition and to meet Samsung’s additional requirements for upgrade, then the amount of Upgrade Credit will equal the balance of the applicable Financed Amount that remains outstanding on your Financing Account, up to a maximum of fifty percent (50%) of the Financed Amount (“Maximum Credit”). The unpaid balance and amount of the Maximum Credit will be determined as of the date you are eligible for upgrade and submit a request to upgrade. The Maximum Credit will be disclosed to you as part of the upgrade process.
• Limited Credit. If your Initial Device is not in good condition or does not meet Samsung’s additional requirements for upgrade in Section 7 below, then the amount of the Upgrade Credit will equal the balance of the applicable Financed Amount that remains outstanding on your Financing Account up to a maximum of twenty-five dollars ($25.00) (“Limited Credit”). Your Initial Device will not be returned to You.
NOTE: Pending the application of your Upgrade Credit (whether the Maximum Credit or Limited Credit), you must continue to make all required minimum payments as required by the Financing Account terms. This includes any amounts for the new purchase of your Upgrade Device. If the Upgrade Credit is less than the outstanding Financed Amount, any remaining balance of the original Financed Amount will also remain subject to required minimum payments in accordance with the Financing Account terms.
Paying more than 50% of your applicable Financed Amount before you upgrade will reduce both the balance of the Financed Amount that remains outstanding on your Financing Account and the amount of Upgrade Credit you will receive. Your Upgrade Credit cannot exceed the unpaid balance of the Financed Amount for the Initial Device or 50% of the Financed Amount, whichever is less. Therefore, if you pay-off your balance or pay more than 50% of the Financed Amount before you upgrade, the amount of your Upgrade Credit may be zero or less than 50% of the cost of the Initial Device 6. Remove Your Data Before Returning Your Initial Device You must remove all data, including all confidential and personal data, from your Initial Device before returning it to Samsung. To do so, you should return the device to its factory settings within the settings menu of the device. It is your sole responsibility to back-up any files or data that you wish to retain prior to performing a factory data reset and before returning your Initial Device to Samsung. Samsung does not accept any responsibility or liability for any lost files or data or disclosure of private information that have not been removed from your Initial Device prior to return. Refer to the user manual or support page on Samsung’s website for how to do a factory reset on your Initial Device. In addition, make sure that you remove all accessories, covers, cases, locks, SIM cards and memory cards before sending the device to Samsung. Any such items sent with your Initial Device will not be returned to you. 7. Good Condition And Additional Requirements Samsung has the right to determine, or to have its authorized representatives determine, in their sole judgment whether your Initial Device is in good condition and meets the additional requirements below for the Upgrade Program. An Initial Device is in good condition for upgrade if:
• It powers on, holds a charge and does not power off unexpectedly;
• It has a functioning display,
• It has no breaks or cracks or other visible defects that go beyond normal wear and tear, including but not limited to: multiple scratches, dents, or dings; evidence of water damage; or corroded charging port, SIM, or battery terminal contacts.
Your Initial Device must also satisfy the following additional requirements:
• It must not be on a “black list” of any kind.
• Reactivation Lock, Google Factory Reset Protection, or any other anti-theft locking software must be disabled; and,
• You must perform a factory reset and remove all personal information from your Initial Device before returning it to Samsung. 8. Returns You can return your Initial Device after your initial purchase and before it is eligible for upgrade only in accordance with Samsung's then applicable returns and refunds policy. After exercising your upgrade option, you may return your Upgrade Device to Samsung only in accordance with Samsung’s then applicable returns and refunds policy or, if applicable, if it is eligible for a subsequent upgrade under the Upgrade Program or other offer Samsung may make available. If you return an Initial Device or Upgrade Device in accordance with Samsung’s then applicable returns and refunds policy, Samsung will issue a credit for the applicable amount, if any, to your Financing Account. This paragraph does not apply to returns or replacements under the terms of Samsung’s standard limited warranty. 9. Other Important Terms
• The Upgrade Program is offered and administered by Samsung.
• The Upgrade Program is only available to consumers who will use their Initial Device and Upgrade Device for personal, household, family, or bona fide business end use. Accordingly, you (i) acknowledge devices purchased in connection with the Upgrade Program are not intended for resale, (ii) represent that you are not purchasing devices under the Upgrade Program with the intention of reselling such devices, and (iii) represent that you are not acting on behalf of any person or entity that intends to resell devices you purchase. If Samsung determines that you are in the business of reselling devices purchase in connection with the Upgrade Program, then, in addition to any other remedies available (including Samsung’s right to refuse to ship to you and cancel your participation in the Upgrade Program), you will be charged for the full amount of any Upgrade Credit or other promotional value that Samsung provided to you. You agree to pay any such charges and authorize Samsung to make such charge to your Financing Account or other payment method you have used on the Website or through the App. If you do not have sufficient credit available, Samsung will notify you and you must provide an alternative payment method.
• You must be at least 18 years old to participate in the Upgrade Program.
• The Upgrade Program cannot be combined with any other promotions, discounts, or offers (“Offers”), unless specifically provided for in the applicable Offer’s terms and conditions.
• If any provision (or part of any provision) of these Upgrade Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Upgrade Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
• You should retain a copy of these Upgrade Terms and any sales receipt or other materials relevant to the purchase of your Initial Device and Upgrade Device. You may also review the most recent version of these Upgrade Terms by visiting http://www.samsung.com/us/explore/samsung-upgrade-program/#termsconditions.
• Samsung reserves the right to substitute, change, cancel or add to any part of these Upgrade Terms at any time, including terminating the Upgrade Program or modifying these Upgrade Terms. In the event the Upgrade Program is terminated, you will still be responsible for any outstanding balances due under the terms of your Samsung Financing Program Account Agreement. We will use reasonable efforts to provide you with advance notice before we terminate the Upgrade Program. We will also use reasonable efforts to provide advance notice before we make changes to the Upgrade Program that, in our discretion, could significantly restrict your rights or add significant new obligations relating to your participation in the Upgrade Program.
• We reserve the right to decline your enrollment or cancel your participation in the Upgrade Program, with or without advance notice, if we believe that you have not complied with these Upgrade Terms or that your participation is enabling a fraudulent or illegal purpose.
• The Upgrade Program is available only to customers residing in the fifty U.S. states and the District of Columbia and is not available in other locations.
• Upgrade Program eligibility and the Financing Account are not transferrable.
• For questions about your Financing Account or your application, please contact TD Bank at 1-800-434-0050. 10. Dispute Resolution This Section 10, Dispute Resolution, applies to disputes you may have with Samsung regarding the Upgrade Program but does not apply to any disputes you may have with TD Bank relating to your Financing Account. Please refer to your TD Bank Cardholder Agreement for information on how to resolve disputes with TD Bank. Any dispute you may have with Samsung arising out of or relating to the Upgrade Program or these Upgrade Terms shall be governed by the Arbitration Agreement (including its 30-day opt-out provision) included in the Samsung Terms and Conditions that apply to the Initial Device and Upgrade Device you purchased in connection with the Upgrade Program. For more information about your rights, obligations, opt-out opportunities and the full terms of the Arbitration Agreement, see www.samsung.com/us/Legal/Phone-HSGuide/, the printed materials enclosed in the box, or the Legal section of the settings menu of your Initial Device or Upgrade Device (typically in the “About Device” or “About Phone” section). As stated in such Arbitration Agreement, you agree that any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s claim related to the Trade-In Program, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.