INGRAM MICRO (NZ) LTD

TERMS & CONDITIONS INGRAM MICRO TRADE-IN PROGRAM

THIS TRADE IN PROGRAM (“PROGRAM”) IS OPERATED BY INGRAM MICRO (NZ) LTD (“INGRAM MICRO”). INGRAM MICRO 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 INGRAM MICRO AND YOU, THE SELLER OF THE DEVICE. UNDER THIS AGREEMENT INGRAM IS BUYING YOUR PHONE AND TWO DEGREES MOBILE LIMITED IS ASSISTING YOU AND INGRAM TO FACILITATE THIS PROCESS.

• Trade-in Boost availability subject to these terms and conditions and to Ingram Micro (NZ) Limited’s (“Ingram Micro”) terms and conditions – see (https://www.2degrees.nz/NZ/2degrees/Account/Terms_Conditions).

• For details of how to redeem the Trade-in Boost, please visit https://www.2degrees.nz/NZ/2degrees.

• Under Ingram Micro’s existing terms and conditions, eligible customers can trade in an eligible device for a set payment. Under the Trade-in Boost offer (“Trade-in Boost”), Samsung Electronics New Zealand Limited will add an additional sum of $200 to Ingram Micro’s set payment when you purchase a Galaxy S21 Series device (each “Purchase Device”).

• Once Ingram Micro has confirmed that the relevant customer is eligible for the Trade-in Boost. Ingram Micro will make one payment to the eligible customer for a trade-in of that customer’s eligible device.

• The acceptability of the trade-in device and the value of the trade-in will be determined by Ingram Micro.

• To be eligible for the Trade-in Boost, customers must:

• Customers should redeem their trade-in in-store or online at the time of purchase.

• If a customer is unable to provide the IMEI number of their Purchased Device when they register for the Trade-in Boost (due to, for example, their Purchased Device not having been delivered to them at the time of registration), they may still register for the Trade-in Boost provided that the IMEI number is given to Ingram Micro before midnight on 11.59pm on Sunday 7th March 2021 either by email or in the manner specified by Ingram Micro.

• Employees of 2degrees, Samsung, Ingram Micro and any agency involved with the Trade-in Boost promotion, and their immediate families are not eligible for the Trade-in Boost promotion.

• Individuals who purchase their Purchased Device via the Enhanced Partnership Programme are not entitled to the Trade-in Boost, but are still entitled to participate in Ingram Micro’s trade-in programme for the Purchased Device.

• Trade-In Boost is only available to personal customers and business customers are not entitled to the Trade-in Boost, but are still entitled to participate in Ingram Micro’s trade-in programme for the Purchased Device.

• Customers may trade in only one device per Purchased Device.

• Customers are entitled to the Trade-in Boost for only one qualifying trade-in device per Purchased Device.

• All devices purchased directly from Samsung or other Multi Brand Retailers are not entitled to participate in the Trade-in Boost offer.

• 2degrees Mobile Limited reserves the right to update the Terms and Conditions and/or extend, cancel or amend this Promotion at any time.

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, Ingram Micro NZ reserves the right to deliver the device and your personal details to the authorities.

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

b. If your device meets the acceptability criteria, Ingram Micro may offer to purchase your device at the quoted device trade in value ("Quoted Value"), which is determined by Ingram Micro 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 Ingram Micro 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 on line.

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

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

a. If you choose to accept Ingram Micro’s offer, the Quoted Value will be deducted off the new eligible device value being purchased on 2degrees Mobile Interest Free Finance terms.

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

c. If Ingram Micro or TWO DEGREES MOBILE find that the trade in device has been reported lost or stolen, Ingram Micro 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 Ingram Micro for the lost or stolen device will be refunded in full and you authorise Ingram Micro 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 Ingram Micro.

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

c. Under no circumstances will Ingram Micro 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 Ingram Micro or its contractor destroying or removing the Personal Information.

a. Ingram Micro 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. Ingram Micro reserves the right to require you to provide further information required by law or the authorities.

d. You acknowledge that as part of Ingram Micro’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 Ingram Micro under this Program will be dealt with and used in accordance with Ingram Micro’s Privacy Policy and for purposes of running the Program, issuance of trade in payment to you and compliance with Ingram Micro’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 Ingram Micro’s Privacy Officer if you have any questions or concerns about the personal information that Ingram Micro 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 Ingram Micro’s right in such instance will include a refund of the trade in credit, in which case Ingram Micro 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 Ingram Micro’s right in such instance will include a refund of the trade in credit, in which case Ingram Micro 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, Ingram Micro or its affiliate may suffer or incur losses and damages arising from your breach. As such you agree to defend, indemnify, and hold harmless Ingram Micro 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 Ingram Micro and its affiliates as a result of or arising out of any breach of these terms by you.

b. Ingram Micro will not be liable for failure or delay in performing its obligations for reasons outside Ingram Micro’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 INGRAM MICRO BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, OR LOSS OF OPPORTUNITY, PROFIT OR BUSINESS, EVEN IF INGRAM MICRO 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 INGRAM MICRO’S CUMULATIVE LIABILITY TO YOU (IN TORT (INCLUDING NEGLIGENCE), CONTRACT, WARRANTY, INFRINGEMENT, UNDER STATUTE OR OTHERWISE) EXCEED THE TRADEIN VALUE PAID BY INGRAM MICRO FOR YOUR DEVICE. THIS SECTION IS NOT INTENDED TO EXCLUDE OR LIMIT INGRAM MICRO’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 Ingram Micro and no other third party shall have the right to enforce any terms here.

b. Ingram Micro 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 Ingram Micro.

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. Ingram Micro’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 Ingram Micro 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.