CEVA LOGISTICS

TERMS & CONDITIONS CEVA LOGISTICS TRADE-IN PROGRAM

THIS TRADE IN PROGRAM (“PROGRAM”) IS OPERATED BY CEVA LOGISTICS (NZ) LTD (“CEVA LOGISTICS”). CEVA LOGISTICS IS NOT IN ANY WAY AFFILIATED WITH TWO DEGREES MOBILE LIMITED.

THE TRADE IN PROGRAMME IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH HEREIN. PLEASE READ THESE TERMS AND CONDITIONS TO CAREFULLY UNDERSTAND YOUR RIGHTS AND OBLIGATIONS UNDER THIS PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO DO SO ON THE TERMS AND CONDITIONS OUTLINED BELOW, WHICH WILL FORM THE AGREEMENT BETWEEN CEVA LOGISTICS AND YOU, THE SELLER OF THE DEVICE. UNDER THIS AGREEMENT CEVA LOGISTICS IS BUYING YOUR PHONE AND TWO DEGREES MOBILE LIMITED IS ASSISTING YOU AND CEVA LOGISTICS TO FACILITATE THIS PROCESS.

To be eligible to participate in this Program, the following conditions must be met:

a. You must be 18 years of age or older and be legally capable of entering into a binding contract;

b. You are the legal and rightful owner of the device being traded and no other third party has the right to claim interest, right or ownership of the device. The device must be free from any liens, security interest or claims by third parties;

c. The device was obtained by legal means and you are not trading in lost or stolen device. In the circumstances that it is shown that the device was stolen or was not obtained by legal means, CEVA Logistics NZ reserves the right to deliver the device and your personal details to the authorities.

a. Your device will be assessed by CEVA Logistics staff (at CEVA Logistics facility) based on CEVA Logistics’s acceptability criteria for your device.

b. If your device meets the acceptability criteria, CEVA Logistics may offer to purchase your device at the quoted device trade in value ("Quoted Value"), which is determined by CEVA Logistics at the point of trade in based on the make, model, condition and operational nature of your device.

c. You acknowledge that the acceptability criteria for the trade in are subject to change and CEVA Logistics may amend the acceptability criteria at its discretion from time to time. You will be informed of the acceptability criteria applicable to your device at the point of trade in.

d. CEVA Logistics reserves the right to decline any device that is damaged and/or does not meet CEVA Logistics’s acceptability criteria.

e. Upon the sale of the device to CEVA Logistics NZ pursuant to the trade in programme, CEVA Logistics NZ will not be able to return the device.

a. If you choose to accept CEVA Logistics’s offer, the Quoted Value will be loaded as an Account credit against your eligible account related to the 2degrees mobile number provided within 15 working days of accepting this quote.

b. The Quoted Value for your device applied in the manner above is paid by CEVA Logistics to you. By accepting the offer and in consideration of the Quoted Value, you agree to sell the device to CEVA Logistics and transfer full ownership and rights over the device to CEVA Logistics.

c. If CEVA Logistics or TWO DEGREES MOBILE finds that the trade in device has been reported lost or stolen, CEVA Logistics and TWO DEGREES MOBILE will assist the police to locate the device and return it to its rightful owner and your personal details will be delivered to the police. In such instance, you agree that the Quoted Value paid by CEVA Logistics for the lost or stolen device will be refunded in full and you authorise CEVA Logistics and TWO DEGREES MOBILE to recover the payment applied for the lost or stolen device from you.

a. You are responsible for removing the memory card, SIM card or any accessories in or on your device and erasing all the personal and confidential information and data, including, but not limited to applications, contacts and personal data, confidential and/or personal information, photos, notes, videos, messages and/or passwords from the device (“Personal Information”). It is also your responsibility to ensure that Personal Information in the device is appropriately backed up before handing over your device to CEVA Logistics.

b. If any Personal Information has not been deleted or removed from your device, you authorise CEVA Logistics to remove and destroy any SIM card or memory card left in the sold device and perform a factory reset and forensic data wipe on the said device.

c. Under no circumstances will CEVA Logistics or TWO DEGREES MOBILE be responsible or liable for any direct or indirect loss or damage or loss of use of any Personal Information remaining in the device which you failed to remove, or which arises as a result of CEVA Logistics or its contractor destroying or removing the Personal Information.

a. CEVA Logistics is required by law to verify your identity and obtain certain information from you including proof of identity (which may include photograph), full name, residential address, date of birth and contact details. CEVA Logistics reserves the right to require you to provide further information required by law or the authorities.

d. You acknowledge that as part of CEVA Logistics’s licensing obligation, your personal information along with the device serial number may be submitted to the police data system for verification purposes and to assist with checks for lost or stolen property.

e. The personal information that you provide to CEVA Logistics under this Program will be dealt with and used in accordance with CEVA Logistics’s Privacy Policy and for purposes of running the Program, issuance of trade in payment to you and compliance with CEVA Logistics’s legal and regulatory obligations (including second-hand dealers licence and legal obligations in relation to second-hand goods).

Please read our Privacy Policy (http://nz.ingrammicro.com/c/privacypolicy.aspx) for further information.

f. You may contact CEVA Logistics’s Privacy Officer if you have any questions or concerns about the personal information that CEVA Logistics holds about you or the way we handle that personal information.

a. If you have an Apple Device, you must disable the Activation Lock before trading it in. To disable the Activation Lock open settings on your device, select the iCloud section, and scroll to the “Find my iPhone” toggle and switch this to ‘off’. You can also access these options through www.icloud.com.

b. Your device will not meet the eligibility criteria if the Activation Lock on the device is not disabled and CEVA Logistics’s right in such instance will include a refund of the trade in credit, in which case CEVA Logistics AND TWO DEGREES MOBILE will reverse the trade in payment previously applied to your account.

a. If you have an Android Device, you must remove your Google Account before trading it in.

b. Your device will not meet the eligibility criteria if your Google Account has not been removed and CEVA Logistics’s right in such instance will include a refund of the trade in credit, in which case CEVA Logistics and TWO DEGREES MOBILE will reverse the trade in payment previously applied to your account.

a. You acknowledge that if you breach any of these terms, CEVA Logistics or its affiliate may suffer or incur losses and damages arising from your breach. As such you agree to defend, indemnify, and hold harmless CEVA Logistics and its affiliates from and against any and all claims, liabilities, losses, damages, costs or expenses of any kind (including reasonable attorneys’ fees and disbursements) suffered or incurred by CEVA Logistics and its affiliates as a result of or arising out of any breach of these terms by you.

b. CEVA Logistics will not be liable for failure or delay in performing its obligations for reasons outside CEVA Logistics’s reasonable control or as a result of its compliance with law.

c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CEVA LOGISTICS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, OR LOSS OF OPPORTUNITY, PROFIT OR BUSINESS, EVEN IF CEVA LOGISTICS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THIS AGREEMENT FAILS IN ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CEVA Logistics’S CUMULATIVE LIABILITY TO YOU (IN TORT (INCLUDING NEGLIGENCE), CONTRACT, WARRANTY, INFRINGEMENT, UNDER STATUTE OR OTHERWISE) EXCEED THE TRADEIN VALUE PAID BY CEVA Logistics FOR YOUR DEVICE. THIS SECTION IS NOT INTENDED TO EXCLUDE OR LIMIT CEVA LOGISTICS’S LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. THIS SECTION IS ALSO NOT INTENDED TO EXCLUDE OR LIMIT ANY RIGHTS YOU MAY HAVE UNDER LAW.

a. The trade in contract is made between you and CEVA Logistics and no other third party shall have the right to enforce any terms here.

b. CEVA Logistics may change these Terms and Conditions from time to time. The terms and conditions in force at the time of your device trade in will form the contract between you and CEVA Logistics.

c. Any provision of these Terms which is invalid or unenforceable by a court is to be read down or severed to the extent of the invalidity or unenforceability, and shall not affect the validity or enforceability of that provision in another jurisdiction or of the remaining provisions.

d. CEVA Logistics’s delay or failure to exercise or enforce its right under these Terms is not a waiver of its rights under this agreement. A waiver by CEVA Logistics of a provision or a right under these Terms is only valid if we agree to the same in writing.

e. These Terms and Conditions are governed by the laws of New Zealand though second-hand goods will be dealt with in accordance with local laws and regulations in each jurisdiction. Disputes arising out of these terms or this arrangement will be settled by the courts of Auckland, New Zealand.