Samsung Access Program Terms for Mobile Devices
Eligible Smartphones with Premium Care and Third Party Service
The Samsung Access Program (the “Program”) allows you the flexibility to upgrade or return an eligible Samsung smartphone (“Program Device”) at any time, while enjoying the protection of Samsung Premium Care service (“Premium Care”), the convenience of financing through the Samsung Financing Program, and subscriptions to certain Third Party Services (described below in Section 6).
By enrolling or participating in the Program, you accept and agree to the following terms (the “Program Terms”).
Eligible Program participants have the option to request a credit to their Financing Account (“Samsung Access Credit”) to upgrade to a new eligible Samsung smartphone (“Upgrade Device”) any time. You can upgrade after owning a Program Device for nine (9) months for no additional fee or upgrade earlier for a one-time fee of $100 (the “Upgrade Fee”). Program participants can also request Samsung Access Credit if they choose to cancel participation in the Program and stop making monthly payments by following the steps in Section 3 below. If you choose to cancel in the first three (3) months from the shipment date, you will be subject to a one-time fee of $100 (the “Program Cancellation Fee”). If you choose to cancel anytime afterwards, you will not be subject to any additional cancellation fees. Returns during the first fifteen (15) days (the “Return Window”) are also not assessed any cancellation fee.
If you choose to cancel participation in the Program after three months of the shipment date, you may be subject to additional conditions if you decide to re-enroll in the Program to purchase a second Program Device. For example, if you decide to re-enroll at any point before the nine month period following the shipment date of your original Program Device, you will be subject to a fee of $100 (the “Re-enrollment Fee”), which will be applied to your Financing Account (defined below in Section 1.b.). The Re-enrollment Fee will be waived if the new Program Device you purchase is the same model as the original Program Device.
To receive Samsung Access Credit, whether by upgrade or cancellation, the Program Device must be returned to Samsung in Satisfactory Condition (defined below in Section 3.c.).
1. Enrolling in the Program
To enroll in the Program you must:
a. Opt-in to the Program at www.samsung.com (the “Website”) or by using the Shop Samsung App (the “App”).
b. Be approved for and use a Samsung Financing Program Account to finance the purchase of a Program Device. The Samsung Financing account (the "Financing Account") is a revolving credit account offered and issued by TD Bank, N.A. (“TD Bank”), which is governed by a separate agreement with TD Bank (the “Samsung Financing Program Account Agreement”). The Financing Account provides you with access to promotional offers to finance the purchase of a Program Device (the “Financed Amount”), and to pay any applicable Program fees, taxes and shipping charges. If you have a current Financing Account, you may use that account to participate in the Program, subject to the available credit line.
c. Purchase Premium Care using your Financing Account. When you purchase a Program Device, you will also be purchasing Premium Care. The cost of Premium Care, accessories, taxes, shipping charges, and any additional fees will be payable according to the terms of the Samsung Financing Program Account Agreement with TD Bank.
d. Have a Samsung Account. You must create a new Samsung Account or log-in to your existing Samsung Account on the Website or the App. For information, see https://www.samsung.com/us/account/signin/. NOTE: Your Samsung Account is different from the Financing Account issued by TD Bank.
2. Eligibility To Request Samsung Access Credit
To request Samsung Access Credit in tandem with an upgrade or cancellation, you must meet the following requirements:
a. Your Financing Account must be open and in good standing. Your Financing Account must be open, available for use, current (meaning no past due amounts), and have sufficient available credit to purchase an Upgrade Device in the case of an upgrade. Additional requirements may be contained in your Financing Account Agreement.
b. Payment of a Program Cancellation Fee, an Upgrade Fee, or Re-enrollment Fee may be required based on when you request Samsung Access Credit.
(i) If you elect to upgrade within nine (9) months from the date of shipment of your Program Device (“Shipment Date”), in addition to returning your Program Device to Samsung, payment of an Upgrade Fee will be required. If you upgrade your Program Device after nine (9) months, you will not be charged an Upgrade Fee.
(ii) If you choose to cancel within three (3) months from the Shipment Date, in addition to returning your Program Device to Samsung, you will be required to pay a Program Cancellation Fee. If you cancel after three (3) months, you will not be charged a Program Cancellation Fee
(iii) If you decide to re-enroll at any point after the third month but before the nine month period following the shipment date of your original Program Device, you will be charged the Re-enrollment Fee. This fee may be waived if your new Program Device is the same model as the original Program Device.
(iv) Any required Upgrade Fee, Program Cancellation Fee, or Re-enrollment Fee will be applied to your Financing Account and will be payable according to the terms of the Samsung Financing Program Account Agreement. This amount will be payable on the next monthly invoice issued in connection with your Financing Account.
3. How to Request Samsung Access Credit
If you are eligible to request Samsung Access Credit, you must complete the following steps:
a. Prepare Your Program Device for Return to Samsung. All data, including all confidential and personal data, must be removed from your Program Device before returning it to Samsung. Refer to the user manual or support page on Samsung’s website for how to do a factory reset on your Program Device. Before returning your Program Device to Samsung, you are responsible for disabling Reactivation Lock, Google Factory Reset Protection, or any other anti-theft locking software as required in Section 3.c.(v). In addition, make sure that you remove all accessories, covers, cases, locks, SIM cards and memory cards before sending the device to Samsung. No items sent with your Program Device will be returned to you under any circumstances.
b. Return your Program Device to Samsung. If you are returning your Program Device in connection with an upgrade, you must return your Program Device within fourteen (14) days after you receive your Upgrade Device. If you are returning your Program Device in connection with a cancellation, you must return your Program Device within fourteen (14) days after you have requested Samsung Access Credit. You must follow the instructions for the return of your Program Device, including using a trackable shipment method provided by Samsung. Samsung will consider your Program Device returned as of the date you deliver it to Samsung’s authorized shipping provider with the prepaid return label Samsung sent you. By initiating the return of your Program Device, you disclaim any further right, title or interest in and to the returned Program Device, including the right to sell, dispose or otherwise collect or realize the value of the returned Program Device.
c. Your Program Device must be received in Satisfactory Condition. To receive Samsung Access Credit, Samsung's authorized business partner must determine, in its sole judgment, that your Program Device is in "Satisfactory Condition," meaning all of the following are met:
i. Your Program Device must power on, hold a charge and not power off unexpectedly;
ii. Your Program Device must power on, hold a charge and not power off unexpectedly;
iii. Your Program Device cameras must capture clear photos;
iv. Your Program Device must have a functioning display without delamination and free from problems, such as dark spots, screen burn, flickering, dead pixels, pixilation, ghosting or other visual issues;
v. Your Program Device must have no breaks or cracks, or other defects that go beyond normal wear and tear, including but not limited to: multiple scratches, dents, or dings; evidence of water damage based on the condition of the Liquid Damage Indicator; or corroded charging port, SIM, or battery terminal contacts;
vi. Your Program Device must not be blacklisted or otherwise reported as stolen or compromised;
vii. Your Program Device must recognize and connect to networks, installed SIM and SD storage cards, GPS and other network services through Wi-Fi and Bluetooth;
viii. Reactivation Lock, Google Factory Reset Protection, or any other anti-theft locking software has been disabled; and
xi. All personal information (as described in Section 3.a. above) has been removed and a factory reset performed before shipping your Program Device to Samsung.
If you believe your Program Device may not be in Satisfactory Condition due to a defect covered by Samsung's Standard Limited Warranty (posted at http://www.samsung.com/us/Legal/Phone-HSGuide ("Limited Warranty")) see Section 3.d. below.
d. Limited Warranty Rights. If you are considering sending your Program Device to Samsung's authorized business partner within twelve (12) months of the date of purchase and you believe your Program Device may not be in Satisfactory Condition, before requesting Samsung Access Credit, please contact Samsung to determine whether your Program Device is eligible for repair or replacement under the Limited Warranty posted at http://www.samsung.com/us/Legal/Phone-HSGuide . If it is, and your Program Device is repaired or replaced under the Limited Warranty, you may then request Samsung Access Credit. If you send your Program Device to Samsung's authorized business partner without determining first whether it is eligible for repair or replacement under the Limited Warranty, and Samsung's authorized business partner determines that your Program Device is not in Satisfactory Condition, then you will not receive Samsung Access Credit.
e. Exercise of Premium Care Service Rights. If you have maintained Premium Care coverage on your Program Device and you believe your Program Device may not be in Satisfactory Condition, before returning it to Samsung to request Samsung Access Credit, you should consider exercising your service rights set forth in the Samsung Premium Care Terms of Service posted at https://www.samsung.com/us/support/premium-care/terms-and-conditions/ (“Service Contract”), including paying any applicable service fee required. After your Program Device is repaired or replaced under your Service Contract you may return it to Samsung and request Samsung Access Credit. If you have already exhausted your service rights under your Service Contract, or if the necessary repair or replacement is not covered by Samsung Premium Care, then your Program Device will not be eligible for Samsung Access Credit.
f. Using the Samsung Access Credit to Upgrade. To use your Samsung Access Credit to upgrade you must also purchase an Upgrade Device including Premium Care under the Program using the Financing Account via the Website or the App.
4. Samsung Access Credit Applied To Your Financing Account
If you are eligible to request and receive Samsung Access Credit, Samsung will issue a credit to your Financing Account subject to the following limitations:
a. Samsung Access Credit. If you have made only the minimum required payments towards your Program Device, then the maximum amount of Samsung Access Credit you may receive will equal the remaining amount that you owe towards the Program Device. If you have made more than the minimum required payments, then the Samsung Access Credit you may receive will equal the remaining amount that you owe towards the Program Device plus the additional payments you have made. The unpaid balance and amount of the Samsung Access Credit will be determined as of the date you request Samsung Access Credit via the Website or the App.
b. Continuation of Required Payments. Pending receipt of your Samsung Access Credit, you must continue to make all minimum payments as required by the Financing Account terms. This includes the outstanding Financed Amount from your returned Program Device and your Upgrade Device. This also includes any additional amounts such as (i) Upgrade Fees (if required) associated with the purchase of an Upgrade Device, in the case of an upgrade; (ii) Re-enrollment Fees; and (iii) Program Cancellation Fees. If the Samsung Access 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.
5. Further Upgrades
Each time you upgrade subject to this Program, the Upgrade Device you purchase will be considered your Program Device under these Program Terms for purposes of determining (i) whether you are eligible to participate in the Program and (ii) whether any Samsung Access Credit may be applied to your Financing Account in connection with a further upgrade.
6. Third Party Services
If you opt in to the Program, Samsung will also provide you a code to obtain cloud storage, content, or other digital services from third parties (“Third Party Services”) within thirty (30) days following the purchase of your Program Device and Premium Care. Samsung will determine in its sole discretion the type and value of Third Party Services offered to participants in the Program, which Samsung may change from time to time without notice to you. The Third Party Services may be subject to recurring subscription charges (such as a monthly subscription charge) or usage based charges and the promotional code Samsung provides may only cover a limited period of time or a limited amount of usage. You are responsible to pay charges for Third Party Services that exceed the time period, amount of usage, or other limitations applicable to the code Samsung provides. To use Third Party Services you may be required to register or enroll with the provider of the Third Party Services in a manner determined by the provider and pay associated fees for such Third Party Services. Your use of the Third Party Services is subject to terms and conditions (including privacy policies) determined solely by the provider. Samsung makes no warranty of any kind with respect to any Third Party Services and will not be responsible for any actions or omissions of any provider of Third Party Services.
7. Returns during the Return Window
You can return your Program Device or Upgrade Device after your purchase during the Return Window (not in tandem with the Program) only in accordance with Samsung's then-applicable returns and refunds policy, posted on the Website at https://www.samsung.com/us/support/order-faqs/#RETURNS. Following such return, Samsung will (a) issue a credit for the applicable amount, if any, to your Financing Account; (b) cancel Premium Care coverage applicable to the returned device; and (c) cancel any Third Party Services. This paragraph does not apply to returns or replacements under the terms of Samsung’s standard limited warranty.
8. Other Important Terms
· The Program is offered and administered by Samsung Electronics America, Inc. and is separate from the Financing Program offered and administered by TD Bank.
· Although you may be able to use your Financing Account to purchase accessories or other add-ons when you purchase your Program Device, such products will not be eligible for participation in the Program and will not be included in the calculation of your Samsung Access Credit.
· The Program is only available to consumers who acquire their Program Device solely for personal, household, family, or bona fide business end use, by accessing the Website or the App and finance the Program Device through a Financing Account. Program Devices available under the Program are not for resale. Samsung reserves the right to limit the number of Program Devices sold to a consumer under this Program. By participating in the Program, you (i) represent that you are not purchasing devices under the Program with the intention of reselling such devices and (ii) represent that you are not acting on behalf of any person or entity that intends to resell devices you purchase. If Samsung determines, in its sole discretion, that you are in the business of reselling devices purchased in connection with the 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 Program), you will be charged and agree to pay the full amount of any Samsung Access Credit or other promotional value that Samsung provided to you in your Finance 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 Program.
· The 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 Program 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 Program Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
· You should retain a copy of these Program Terms and any sales receipt or other materials relevant to the purchase of your Program Device and Upgrade Device. You may also review the most recent version of these Program Terms by visiting https://www.samsung.com/us/shop/access/mobile/terms-and-conditions.
· Samsung reserves the right to substitute, change, cancel or add to any part of these Program Terms at any time, including terminating the Program or modifying these Program Terms. In the event the 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 Program. We will also use reasonable efforts to provide advance notice before we make changes to the Program that, in our discretion, could significantly restrict your rights or add significant new obligations relating to your participation in the Program.
· We reserve the right to decline your enrollment or cancel your participation in the Program, with or without advance notice, if we believe that you have not complied with these Program Terms or that your participation is enabling a fraudulent or illegal purpose.
· The 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.
· Program eligibility and the Financing Account are not transferrable.
· These terms and conditions shall be deemed governed by the laws of the State of New York.
· For questions about your Financing Account or your application, please contact TD Bank at 1-800-434-0050.
9. Dispute Resolution
This Section 9, Dispute Resolution, applies to disputes you may have with Samsung regarding the Program and does not apply to any disputes you may have with (i) TD Bank relating to your Financing Account, (ii) the provider of Premium Care relating to your Premium Care coverage or the Service Contract, or (iii) the provider of any Third Party Services. Refer to the Billing Rights Notice in your TD Financing Cardholder Agreement for information on your rights under the Fair Credit Billing Act with TD Bank, to your Service Contract for information on how to resolve disputes with the providers of Premium Care, and the terms and conditions applicable to any Third Party Services you may use for information on how to resolve disputes with the provider of such services. Any dispute you may have with Samsung arising out of or relating to the Program or these Program 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 Program Device. 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 Program 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 Program, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.