Mobile Freedom Service Program
Terms & Conditions
- Terms, Acceptance and Interpretation
- These Terms set out the agreement between You and Us in relation to Your enrolment in the Service Program.
- You acknowledge that You have read and fully understood these Terms. Your enrolment in the Service Program, upon the Start Date, constitutes acceptance by You to be bound by these Terms as may be amended from time to time in accordance with these Terms.
- Words and phrases which appear in bold, or which are otherwise capitalised, are defined in the context in which they appear or in the definitions clause 15
- Australian Consumer Law and Consumer Guarantees –
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For Major Failures with the service, you are entitled:
- to cancel your service contract with Us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for Major Failures with goods. If a failure with the goods or service does not amount to a Major Failure, You are entitled to have the failure rectified in a reasonable time. If this is not done You are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- These Terms are in relation to Your rights under the Service Program, which are in addition to Your existing rights under the Australian Consumer Law. Nothing in these Terms restricts or modifies Your rights under the Australian Consumer Law. When You raise a Service Request, 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 use of Your entitlements under the Service Program and You will not be required to pay any Service Request Fees. For more information about Your rights under the Australian Consumer Law, visit accc.gov.au.
- The Service Program is not an insurance plan, nor are We insurers. The Service Program is a service plan supplied by Us in respect of Your Registered Device. The Service Program does not offer You any rights, remedies or services in respect of a latent defect in Your Registered Device existing at the time of sale of Your Registered Device to You.
- Service Program overview
- Subject to these Terms, the Service Program permits You to access the following during Your Subscription Term:
| Subscription Term | Entitlements |
| 12 months | a) an unlimited number of Mobile Refresh Services for Your Registered Device (provided You have not already exercised Your Upgrade entitlement pursuant to clause 8); b) one Swap of Your Registered Device for a Like Mobile Device (provided You have not already exercised Your Upgrade entitlement pursuant to clause 8); and/or c) one Upgrade of Your Registered Device if Your Upgrade Device is, or becomes, available for sale in the Australian market during Your Subscription Term. |
| 24 months | a) an unlimited number of Mobile Refresh Services for Your Registered Device (provided You have not already exercised Your Upgrade entitlement pursuant to clause 8); b) three Swaps of Your Registered Device for a Like Mobile Device (provided You have not already exercised Your Upgrade entitlement pursuant to clause 8); and/or c) one Upgrade of Your Registered Device if Your Upgrade Device is, or becomes, available for sale in the Australian market during Your Subscription Term. |
- Enrolment
- Eligibility criteria – In order to apply for enrolment in the Service Program in respect of an Eligible Device, You must:
- be at least 18 years old;
- provide Us with the following details:
(a) Your full name (first & last name);
(b) Your mobile number;
(c) Your email address; and
(d) Your residential address; and
- pay the upfront Enrolment Fee.
- Time of application – You must make Your application to enrol in the Service Program at the time You purchase Your Eligible Device from Us.
- Acceptance and rejection –
- If Your application to enrol in the Service Program is unsuccessful, We will inform You of this (by email, telephone or SMS) within seven (7) days of Your application date and will refund to You any upfront Enrolment Fee already paid by You. If Your application to enrol in the Service Program is successful, Your Subscription will commence on the Start Date.
- Your application will be unsuccessful if:
- You have previously been rejected or terminated from the Service Program or a service similar to the Service Program; or
- We, acting reasonably, determine that Your application should be unsuccessful.
- Your application for enrolment in the Service Program may be rejected or Your Subscription to the Service Program may be terminated within thirty (30) days of Your application date if any one or more of the eligibility criteria in clause 1 are not met.
- Upon enrolment into the Service Program, Your Eligible Device will become Your Registered Device.
- Enrolment conditions –
You may enrol multiple Eligible Devices (each with a separate IMEI) under separate Subscriptions. You will be charged an Enrolment Fee for each enrolled Eligible Device and each Subscription will have separate Service Program entitlements.
- MOBILE FREEDOM PORTAL
- We will provide You with unique details to access the Mobile Freedom Portal when Your application for enrolment in the Service Program is successful.
- You must use the Mobile Freedom Portal to lodge any Service Requests.
- INFORMATION ABOUT Fees
- Enrolment Fee – You must pay the applicable Enrolment Fee to Us when You apply for enrolment in the Service Program.
- Mobile Refresh Service Fee – For each Mobile Refresh Service Request You make, You must pay to Us the Mobile Refresh Service Fee. We direct and authorise You to pay each Mobile Refresh Service Fee to Asurion through the Mobile Freedom Portal, in accordance with and as required by clause 2.
- Swap Fee – If You make a Swap Request for Your Registered Device, You must pay to Us the Swap Fee. We direct and authorise You to pay the Swap Fee to Asurion through the Mobile Freedom Portal, in accordance with and as required by clause 2.
- Upgrade Fee – If You make an Upgrade Request, You must pay to Us the Upgrade Fee. We direct and authorise You to pay the Upgrade Fee to Asurion through the Mobile Freedom Portal, in accordance with and as required by clause 3.
- Device Non-Return Fee for failure to return Your Registered Device – If You have made a Swap Request, You must send Your Registered Device to Asurion within fourteen (14) days of receiving the Like Mobile Device. You will be provided with email instructions and a prepaid return label so You can send Your Registered Device to Asurion. If You fail to return Your Registered Device within the fourteen (14) days, You will be charged a Device Non-Return Fee. You authorise Asurion to charge Your Credit Card for the Device Non-Return Fee. You will be advised of the amount of the Device Non-Return Fee at the time you make your Swap Request.
- Device Non-Return Fee for sending an Incorrect Device – If the Device You return pursuant to a Swap or Upgrade does not correspond to Your Registered Device (model & IMEI) (Incorrect Device), then You must return Your Registered Device to Asurion (at Your own cost) within seven (7) days of receipt of a notice to do so. If You fail to do so within seven (7) days after Our notice to You, You will be charged a Device Non-Return Fee. You will be advised of the amount of the applicable Device Non-Return Fee at the time You make Your Service Request. The Incorrect Device will be returned to You at Your cost. You authorise Asurion to charge your Credit Card for the Device Non-Return Fee and for any additional delivery fees incurred to return the Incorrect Device to You.
- Inoperable Device Fee –
- If You send in Your Registered Device as part of a Swap or Upgrade and it is security locked (e.g. Find My is still enabled) (Inoperable Device), We will take reasonable steps to contact You and request that You, within seven (7) days, unlock or disable all security features on the Inoperable Device or take other steps to make the Inoperable Device If You do not or cannot comply with the request, You will be charged an Inoperable Device Fee and You authorise Asurion to charge Your Credit Card for the Inoperable Device Fee. If an Inoperable Device Fee has been successfully charged, We will return the Inoperable Device to You at Your cost and You authorise Asurion to charge Your Credit Card for any additional delivery fees incurred to return the Inoperable Device to You.
- If you send in Your Registered Device as part of a Swap or Upgrade and it is AMTA locked (Inoperable Device), You will be charged an Inoperable Device Fee and You authorise Asurion to charge Your Credit Card for the Inoperable Device Fee. Inoperable Devices are usually AMTA locked when they have been reported as lost or stolen. Your Inoperable Device will not be returned to You where Asurion is required by law to provide the Inoperable Device to the relevant authorities.
- Modified Devices – We will ask You at the time You make a Service Request whether Your Registered Device has been Modified. If the Device You return pursuant to a Swap or Upgrade has been Modified, You will be charged a Device Non-Return Fee. You authorise Asurion to charge Your Credit Card for the Device Non-Return Fee. If a Device Non-Return Fee has been successfully charged, We will return the Modified Device to You at Your cost and You authorise Asurion to charge Your Credit Card for any additional delivery fees incurred to return the Modified Device to You.
- Additional delivery fees for sending an Incorrect Device, locked Device or Modified Device as part of a Mobile Refresh Service Request – If You post to Us a Device as part of a Mobile Refresh Service Request and it:
(a) is an Incorrect Device; or
(b) is locked and We are not able to remedy this; or
(c) has been Modified,
Your Mobile Refresh Service Request will be cancelled, Your Mobile Refresh Service Fee will be refunded to You and Your Device will be returned to You. You authorise Asurion to charge your Credit Card for any additional delivery fees incurred to return the Device to You. You will be advised of the amount of the additional delivery fees at the time You make Your Mobile Refresh Service Request.
- If Your Service Request is cancelled or rejected and You have paid the applicable Service Request Fee to Asurion through the Mobile Freedom Portal, the full Service Request Fee will be refunded back to Your original Credit Card if:
- in respect of a Mobile Refresh Service Request, Asurion has not commenced any one or more of the Mobile Refresh Services;
- in respect of a Swap Request,
- Asurion has not already shipped the Like Mobile Device to you; or
- You return the Like Mobile Device to Asurion within seven (7) days of receiving the Like Mobile Device and the packaging of the Like Mobile Device has not been opened; and
- You have not sent Your Registered Device to Asurion in accordance with clause 7.5.
- in respect of an Upgrade Request, You have not yet redeemed Your unique Coupon and handed in Your Registered Device to Us in accordance with clause 8.
- If You are entitled to a refund of a Service Request Fee in accordance with clause 5.10 and You have been charged an additional fee in connection with that Service Request (including any Device Non-Return Fee or any Inoperable Device Fee), the full Service Request Fee and any additional fees will be refunded back to Your original Credit Card.
- GST – All Fees set out in this clause 5 and throughout these Terms are inclusive of GST.
- Mobile Refresh SERVICE RequestS
- You may file an unlimited number of Mobile Refresh Service Requests during Your Subscription Term for any reason. A Mobile Refresh Service Request is not available if You have not already exercised Your Upgrade entitlement pursuant to clause 8, as Your Subscription Term ends when You exercise Your Upgrade entitlement. For the avoidance of doubt, Your right to file a Mobile Refresh Service Request during the Subscription Term, and Our obligation (subject to these Terms) to provide Mobile Refresh Services to You, is:
- not dependent on any event occurring beyond Your or Our control (such as accidental damage caused to Your screen from an event beyond Your control); and
- not in respect of, or connected with, a latent defect in Your Registered Device existing at the time of sale of Your Registered Device to You.
- If You make a Mobile Refresh Service Request, You must pay the Mobile Refresh Service Fee through the Mobile Freedom Portal.
- When making a Mobile Refresh Service Request, You will be asked to confirm:
- that your Registered Device is in Good Working Order; and
- the address for delivery of Your Mobile Refreshed Device. We do not deliver outside of Australia, to public places or to PO Boxes.
- Your Mobile Refresh Service Request will only be accepted if:
- You pay the Mobile Refresh Service Fee;
- You confirm that Your Registered Device is in Good Working Order;
- You confirm to Us that You have:
- disabled all security features and personal locks on your Registered Device;
- backed up or transferred any and all data on Your Registered Device;
- erased all content on Your Registered Device;
- completed a factory reset; and
- removed Your SIM card and any SD memory card;
- the IMEI of Your Registered Device, and Your name and mobile phone number correspond with the information You gave Us when You applied to participate in the Service Program or pursuant to any change in accordance with clause 11;
- there are no outstanding Fees owed to Us in relation to any prior Service Request You have made;
- You provide any additional information reasonably requested by Us, including confirmation of address for delivery of Your Registered Device after the relevant Mobile Refresh Services have been completed;
- We have no reasonable belief that You have transferred, retailed, sold, or hired out Your Registered Device to another person (except in accordance with clause 11);
- Your Registered Device has not been the subject of Modification;
- We reasonably believe that You are not using the Service 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; and
- You have not already exercised Your Upgrade entitlement pursuant to clause 8, as Your Subscription Term will have ended if You have exercised Your Upgrade Refer to clause 8.2.3 below.
- Once We have accepted Your Mobile Refresh Service Request, You must send Us Your Registered Device within fourteen (14) days and We will provide the Mobile Refresh Services to You in respect of Your Registered Device (subject to the exception listed in clause 8.3 below) and will return Your Registered Device to You. If You do not send Us Your Registered Device within fourteen (14) days We will cancel your Mobile Refresh Service Request and refund the Mobile Refresh Service Fee to You.
- Preparation – Before mailing in Your Registered Device:
- User Generated Data - Back up or transfer any important data on Your Registered Device. We are not responsible for data You leave on Your Registered Device. Your Registered Device will undergo a data wipe as part of the Mobile Refresh Services and your data will be lost from that Registered Device;
- Unlock Your Registered Device, disable all passwords and turn off any personal lock security features (for example, if You have an Apple device You must turn off the Find My security feature);
- Erase all content on Your Registered Device and complete a factory reset;
- Remove Your SIM card, any SD memory card, and if the battery is removable, You must remove this also. You do not need to return any accessories (covers, chargers, power cables, headphones, etc.). If You send us Your accessories, We may not be able to return them to You. We will not return SIM cards or SD memory cards that are left in Your Registered Device.
- Mail in –
- Following acceptance of Your Mobile Refresh Service Request, We will send You a prepaid return label via email.
- Please bring this return label with You to Your nearest Australia Post Office.
- When You present Your return label at your local Australia Post Office, You will be provided with secure packaging (at no additional cost to You).
- Put Your Registered Device into the secure packaging at Your nearest Australia Post Office.
- Request an Australia Post lodgement receipt and keep a copy as confirmation.
- Completion of Your Mobile Refresh Service Request –
- Once We receive Your Registered Device, We will conduct a physical inspection of Your Registered Device to confirm that We are able to complete the Mobile Refresh Services.
- We will aim to:
- complete the Mobile Refresh Services within two (2) Business Days; and
- deliver Your Registered Device to You as soon as practicable thereafter, subject to delivery times to complete delivery to Your location (as provided by You in the Mobile Freedom Portal).
- We may not be able to complete the Mobile Refresh Services if Your Registered Device is not in Good Working Order. In these circumstances, We will cancel Your Mobile Refresh Service Request, return Your Registered Device to You at the cost of Asurion, and Your Mobile Refresh Service Fee will be refunded.
- Restore the content on Your Registered Device –
- Once We have completed the Mobile Refresh Services, We will send Your Mobile Refreshed Device to the address You provided during Your Mobile Refresh Service Request at no additional cost to You.
- Upon receipt of Your Mobile Refreshed Device, restore content from Your most recent back-up of Your Registered Device (for example, from Your iCloud back-up).
- Parts Availability – If a Device part is not available at the time You make a Mobile Refresh Service Request, this may impact the timings stated in clause 8.2. We will inform You of the delay and the estimated timings to complete Your Mobile Refresh Service.
- Our replacement screens and replacement accessories come with guarantees that cannot be excluded under the Australian Consumer Law. If You notice an issue after receiving Your Mobile Refreshed Device, You should contact Us as soon as possible through the Mobile Freedom Portal.
- For the avoidance of doubt, if You have exercised Your Upgrade entitlement pursuant to clause 8, Your Subscription Term will end and You will not be able to later make a Mobile Refresh Service Request under these Terms.
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- SWAP RequestS
- You are entitled to make a Swap Request during Your Subscription Term for any reason. A Swap Request is not available if You have not already exercised Your Upgrade entitlement pursuant to clause 8, as Your Subscription Term ends when You exercise Your Upgrade entitlement. The number of Swap Requests that You are entitled to make depends on the duration of Your Subscription Term. For the avoidance of doubt, Your right to make a Swap Request during the Subscription Term, and Our obligation (subject to these Terms) to provide You with a Like Mobile Device pursuant to the Swap Request, is:
- not dependent on any event occurring beyond Your or Our control (such as accidental damage to your Registered Device caused by an event beyond Your control); and
- not in respect of, or connected with, a latent defect in Your Registered Device existing at the time of sale of Your Registered Device to You.
- You must make a Swap Request and pay the Swap Fee through the Mobile Freedom Portal.
- Acceptance - Your Swap Request will only be accepted if:
- You pay the Swap Fee;
- You have satisfied the Swap Condition through the Mobile Freedom Portal;
- the IMEI of Your Registered Device, Subscriber’s name and mobile phone number correspond with the information given to Us at the time of enrolment or pursuant to any change in accordance with clause 11;
- there are no outstanding Fees owed to Us in relation to any prior Service Request You have made;
- You provide any additional information reasonably requested by Us or Asurion, including confirmation of address for delivery of the Like Mobile Device, proof of ownership, identification, or a statutory declaration to verify any information reasonably requested by Us;
- We have no reasonable belief that You have transferred, retailed, sold, or hired Your Registered Device to another person (except in accordance with clause 11);
- the Swap Request is not for a Device Accessory;
- You confirm through the Mobile Freedom Portal that Your Registered Device has not been the subject of Modification;
- We reasonably believe 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; and
- You have not already exercised Your Upgrade entitlement pursuant to clause 8 (as Your Subscription Term will have ended if You have exercised Your Upgrade Refer to clause 8.2.3 below).
- Once Your Swap Request has been accepted, a Like Mobile Device will be shipped to Your nominated delivery address. If the Swap Request is accepted before 3.00pm AEST/AEDT on a Business Day then the device will be shipped to You the same Business Day, otherwise it will be shipped the next Business Day (subject to clause 7.7). Delivery times will vary depending on Your location.
- Once You have received Your Like Mobile Device, You must send Your Registered Device to Asurion within fourteen (14) days in accordance with the email instructions sent to You. You will be provided with a prepaid return label that You can present at your nearest Australia Post office and You will be supplied with secure packaging (at no additional cost to You) to send in Your Registered Device to Asurion.
- Data and security – You must turn off any personal lock security features before sending in Your Registered Device in the secure packaging provided to You. You shall be solely responsible for all data stored on Your Registered Device and You shall remove Your SIM or SD memory card and delete all data from Your Registered Device before sending it to Asurion. Neither We nor Asurion are responsible for any data that You leave on Your Registered Device and any such data or information left on Your Registered Device will not be transferred to the Like Mobile Device.
- Stock availability – If a Like Mobile Device is not available in stock at the time You make a Swap Request, We will inform You of the delay and of the estimated timing for delivery.
- Our Swap Devices may be refurbished or new and come with guarantees that cannot be excluded under the Australian Consumer Law. If You notice a defect or issue after receiving Your Like Mobile Device, You should contact us as soon as possible through the Mobile Freedom Portal. If You are supplied a defective Like Mobile Device and You are sent a second Like Mobile Device as a substitute, You must return the first Like Mobile Device to Us within fourteen (14) days of You receiving the second Like Mobile Device, using the prepaid return label provided to You via email. 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 Asurion to charge Your Credit Card for the Device Non-Return Fee.
- For the avoidance of doubt, if You have exercised Your Upgrade entitlement pursuant to clause 8, Your Subscription Term will end and You will not be able to later make a Swap Request under these Terms.
- UPGRADE REQUEST
- You are entitled to make one Upgrade Request during the Subscription Term for any reason. For the avoidance of doubt, Your right to make an Upgrade Request during the Subscription Term, and Our obligation (subject to these Terms) to provide You with an Upgrade Device pursuant to the Upgrade Request, is:
- not dependent on any event occurring beyond Your or Our control (such as accidental damage to Your Registered Device caused by an event beyond Your control); and
- not in respect of, or connected with, a latent defect in Your Registered Device existing at the time of sale of Your Registered Device to You.
- An Upgrade Request is similar to a Swap Request except:
- You will receive Your Upgrade Device instead of a Like Mobile Device; and
- You can only access the Upgrade entitlement after the first 30 days of Your Subscription Term and if Your Upgrade Device is available for sale in the Australian market during Your Subscription Term; and
- Your Subscription will immediately terminate when You redeem the unique Coupon to complete Your Upgrade Request.
- You must make the Upgrade Request and pay the Upgrade Fee by using the Mobile Freedom Portal.
- Acceptance - Your Upgrade Request will only be accepted if:
- Your Upgrade Device is available for sale in the Australian market during Your Subscription Term;
- You pay the Upgrade Fee;
- You have satisfied the Upgrade Condition through the Mobile Freedom Portal;
- the IMEI of Your Registered Device, Subscriber’s name and mobile phone number correspond with the information given to Us at enrolment or pursuant to any change in accordance with clause 11;
- there are no outstanding Fees owed to Us in relation to any prior Service Request that You have made;
- We have no reasonable belief that You have transferred, retailed, sold, or hired Your Registered Device to another person (except in accordance with clause 11);
- You confirm through the Mobile Freedom Portal that Your Registered Device has not been the subject of Modification;
- You provide any additional information reasonably requested by Us or Asurion including proof of ownership, identification, or a statutory declaration to verify any information reasonably requested by Us;
- We reasonably believe 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.
- Upon acceptance of Your Upgrade Request, You will be issued with a unique Coupon by email which You will need to present to Us in store within seven (7) days from the date of the email, along with Your Registered Device. If You do not present Us with Your Coupon in store within seven (7) days of the date of the email, We will cancel Your Upgrade Request and refund the Upgrade Fee to You.
- Once in store, the Device You present will be inspected to confirm that it is Your Registered Device and not an Ineligible Device. If Your Registered Device is Inoperable, You will be asked to unlock or enable Your Registered Device. Once We have verified Your Coupon We will take custody of Your Registered Device and will send Your Registered Device to Asurion on Your behalf. You will be issued with the Upgrade Device.
- Data and security – You must disable any personal lock security features and remove all personal data and the SIM or SD memory card before handing in Your Registered Device in store. You shall be solely responsible for all data stored on Your Registered Device and You shall delete all data from Your Registered Device before handing it in. Neither We nor Asurion are responsible for data You leave on Your Registered Device.
- Stock availability – If We accept Your Upgrade Request, You will need to check the availability of stock of an Upgrade Device. If the Upgrade Device is not available in store, You can request to be placed on backorder until the stock becomes available. If stock of Your Upgrade Device will not be available within a reasonable time, then You will be notified of alternative Device
- End of life or discontinued models – In the event that: (a) your Registered Device is discontinued by the OEM during Your Subscription Term; (b) there is no Upgrade Device available; and (c) You wish to make an Upgrade Request during the Subscription Term, We will give You the option of an alternative model Device that We have reasonably assessed as having upgraded specifications compared to Your Registered Device.
- Release delays – If:
- the release of Your Upgrade Device in the Australian market has been delayed by the OEM by up to 30 days from its Expected Release Date; and
- You are within the final month of Your Subscription Term; and
- You wish to make an Upgrade Request,
then Your Subscription Term will be extended by a period of 30 days (the Extension Period).
- For the avoidance of doubt:
- the Extension Period is solely to enable You to exercise your Upgrade entitlement during the Extension Period;
- You will not be able to exercise any unused Mobile Refresh or Swap entitlements during the Extension Period.
- If an Upgrade is not available during the Extension Period You will not be able to receive an Upgrade after the end of the Extension Period.
- Acknowledgement
- You acknowledge and agree that:
- the Service Program is not intended to be used for commercial gain;
- all data will be deleted from Your Registered Device without further consultation with You when You mail in or hand in Your Registered Device as part of any Service Request;
- where Your Registered Device is replaced under a warranty claim or pursuant to any statutory Consumer Guarantee, You must contact Us through the Mobile Freedom Portal to advise Us of the replacement IMEI number; and
- if You transfer Your Subscription to a Permitted Transferee, You must obtain the consent of the Permitted Transferee to contact Us through the Mobile Freedom Portal to advise Us of the full name (first & last name), mobile number and email address of the Permitted Transferee.
- Term, Termination AND SUSPENSION
- You are entitled to receive the benefits of the Service Program from the Start Date until the End Date, unless:
- You have made an Upgrade Request, in which case Your Subscription will terminate immediately upon the redemption of Your unique Coupon; or
- Your Subscription is sooner terminated in accordance with this clause 10.
- Termination by You: You can terminate Your Subscription to the Service Program in the following circumstances:
- 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
- Your Device is subject to a recall and is returned.
If You elect to terminate Your Subscription in accordance with clause 10.2.1 or 10.2.2, We will refund You the Enrolment Fee provided that You have not made any Service Requests.
- Termination by Us – We may immediately terminate Your Subscription to the Service Program and the Agreement at any time if:
- You are using the Service Program (whether intentionally or not) in a way that may adversely impact Our reputation or the reputation of any one or more of the Harvey Norman®, Domayne® and Joyce Mayne® brands;
- You are using the Service Program in a manner which is fraudulent;
- You have breached these Terms and You fail to remedy the breach within fourteen (14) days after We notify You of the breach and require You to remedy such breach;
- You have provided Us with incorrect, false or incomplete information;
- You create imminent harm or harass or are abusive to any of Our personnel, service providers or sub-contractors.
If Your Subscription has been terminated under clause 10.3, You will not be entitled to any refund of the Enrolment Fee.
- Suspension by Us - We may at Our sole discretion suspend Your Subscription to the Service Program if there are any Fees outstanding that have not been paid to Us within sixty (60) days of the due date for payment until the Fees outstanding have been paid in full provided that We have first given You at least fourteen (14) days' notice of Our intention to suspend Your Subscription to the Service Program.
- No transfer – Your Subscription to the Service Program and the Agreement will terminate immediately if We discover that You have transferred, sold, displayed for sale, or let on hire Your Registered Device other than in accordance with clause 11.
- Consequences of termination -
- No reactivation – If Your Subscription has been terminated in relation to a Registered Device, it cannot be reactivated for that Registered Device.
- Open Service Requests – If You have made a Service Request during Your Subscription Term and have paid the applicable Service Request Fee and We have accepted the Service Request in accordance with these Terms, We will fulfil the Service Request, even if it is fulfilled after the expiration or termination of Your Subscription Term.
- Change of registered device OR TRANSFER OF SUBSCRIPTION
- You may not change Your Registered Device under the Service Program unless:
- You have received a Swap Device pursuant to a successful Swap Request. In these circumstances, the details of your Registered Device will be automatically updated; or
- Your Registered Device has been replaced under a warranty scheme or statutory Consumer Guarantee, in which case You may substitute Your Registered Device with the replaced Device under the Service Program. If this occurs, We recommend that You retain adequate records of the replacement.
Subscription can only be transferred to a Permitted Transferee.
Any other person who acquires Your Registered Device will not have any benefit under these Terms.
- Data privacy
- Privacy Policy. A copy of Our privacy policy is available at Our store. Our privacy policy, as amended from time to time, applies to the Service Program.
- You also agree that by:
- making an application to enrol in or continuing to use the Service Program, You are giving consent to Us and Our service providers, including Asurion, to collect, use and disclose Your Personal Information in accordance with the Data Privacy Laws and Our privacy policy for the purposes of:
- assessing Your eligibility to enrol, and continuing to be enrolled in the Service Program or using the Service Program;
- providing You with the services under the Service Program;
- allowing direct and indirect contact with You in connection with the Service Program, including by email or SMS;
- managing commercial risks, and preventing, detecting, and investigating suspected illegal activity, fraud or disputes;
- complying with the law; and
- complying with any relevant governmental or regulatory authorities (or both) where legally required.
- using the Service Program, You consent to Our service providers, including Asurion, storing and hosting data with the affiliates, partners and subsidiaries of Asurion, or with unaffiliated third parties including third-party service providers, whether in Australia or overseas, for the purpose of providing the Service Program, and the services under the Service Program, to You or for any other purpose specified in the Our privacy policy.
- Miscellaneous
- No representations – We make no representation that any Like Mobile Device will be identical, of the same colour or offer exactly the same functionalities as Your Registered Device.
- Service providers, contractors and third parties – We may subcontract, in whole or in part, to any third party or parties, including Asurion, any one or more of Our obligations under, or in connection with, the Service Program without notice to You. Actions taken by any party appointed by Us are taken to be actions of Us and Your sole recourse will be against Us and not Asurion or any other third party.
- Changes to the Service Program – The features and services of the Service Program may be subject to change from time to time. We will not however vary the Terms that apply between You and Us with respect to a Registered Device once You have successfully enrolled in the Service Program in respect of that Registered Device. If you wish to enrol in the Service Program for a different Device, You should review the latest version of the terms that apply to the Service Program at that time.
- Governing law – The Agreement will be governed by and construed in accordance with the laws of New South Wales.
- Promotions – We may from time to time offer promotions on Devices or in relation to any part of the Service Program. Any such promotions shall be governed by the terms and conditions of the applicable promotion and by these Terms to the extent that: (a) these Terms apply; and (b) the terms and conditions of the promotion are silent. In the event of any conflict between the terms and conditions of a promotion and these Terms, the terms and conditions of the promotion shall prevail to the extent of the conflict.
- ENQUIRIES
If You have any queries, complaints, claims or feedback regarding the Service Program, please contact Us by using the Mobile Freedom Portal.
- DEFINITIONS
- Agreement means the agreement between You and Us which is governed by these Terms.
- AMTA means Australian Mobile Telecommunications Association.
- Asurion means Asurion Australia Pty Ltd (ABN 18 155 388 275).
- Asurion Sale Terms means the terms and conditions of sale between You and Asurion for the sale of Your Registered Device to Asurion, as set out on the Mobile Freedom Portal, a copy of which is annexed to these Terms.
- Australian Consumer Law means the law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- Business Day means any day except Saturday and Sunday and any public holiday recognised in the State of New South Wales, Australia.
- Credit Card means Your VISA or MasterCard credit card, or any other accepted credit card advised to You at the time of payment.
- Consumer Guarantee means a consumer guarantee contained in the Australian Consumer Law and Consumer Guarantees mean any two or more of them.
- Coupon means a token, barcode, QR code, card or instrument, in whatever form or media, issued to a You by Asurion by which Asurion: (a) confirms that Your Upgrade Request has been accepted; and (b) specifies the make, model and memory of the Upgrade Device that You are entitled to under these Terms.
- 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), that applies to Us.
- Device means a mobile wireless device that:
- has a display screen;
- supports one or more wireless network connectivity options; and
- is operated using voice, touch or a miniature keyboard.
- Device Accessory means anything that is either:
- provided by the OEM, in the box with a Device; or;
- sold separately to be used in conjunction with a Device. It includes:
- SIM cards;
- memory cards;
- chargers;
- ear buds;
- boxes;
- cases;
- cables;
- mounts; and
- docking stations.
- Device Non-Return Fee means the fair market value cost to replace your previous Registered Device or, if the model of your previous Registered Device is no longer available, a similar device in the same Device Tier.
- Device Tier means the tier of a Device based on original RRP grouped into the following three tiers: Low tier = ≤$799 AUD; Mid tier = $800 - $1499; High tier = ≥$1500.
- Eligible Device means a Device supplied to You:
- as new by Us and eligible to be registered in the Service Program at the time of purchase, as described in the original purchase receipt or Tax Invoice; or
- by Us or the OEM under warranty or as a remedy provided pursuant to a Consumer Guarantee, the details of which (including the IMEI) You have reported to Us through the Mobile Freedom Portal pursuant to clause 1.3.
End Date means the date which is 12 months or 24 months (as applicable, depending on the subscription term You choose) from the Start Date. Enrolment Fee means: - For a 12-month Subscription Term: either AU $129.00, $249.00 or $299.00 (depending on the RRP of the Eligible Device).
- For a 24-month Subscription Term: either AU $219.00, $449.00 or $549.00 (depending on the RRP of the Eligible Device.
The applicable fee will be notified to You prior to Your enrolment in the Service Program and will be determined by the original RRP of the Device.
- Expected Release Date means the twelve-month anniversary of the date on which the OEM of Your Registered Device first made Your Registered Device available for sale in the Australian market.
- Fees means any of the fees listed in clause 5.
- Good Working Order means Your Registered Device is in good working order (based on a series of questions We ask to assess the condition of Your Registered Device) including (but not limited to) that Your Registered Device:
- is free from liquid damage;
- does not having physical damage other than a damaged Main Screen and/or scratches to the side and/or back;
- functions normally (i.e. can turn on, make calls and sound notifications work);
- is able to charge normally and the charging port is free from visible damage.
- Hardware Modification means any modification made to the hardware of a Device not undertaken or authorised by the OEM, including the use of non-genuine parts or the removal of parts.
- Incorrect Device means a Device that does not correspond with Your Registered Device (by model & IMEI), as set out in clause 6.
- Ineligible Device means a Device that:
- is not eligible for the Service Program because it is not on the list of supported devices as determined by Us and Asurion; or
- is an Incorrect Device; or
- is an Inoperable Device; or
- is a Device that has been subject to
- Inoperable Device has the meaning given in clause 7.
- Inoperable Device Fee has the same meaning as Device Non-Return Fee.
- IMEI means the international mobile equipment identity number of a Device.
- Like Mobile Device means a Device, compared to Your Registered Device, that:
- may be new or refurbished;
- is of similar kind, quality and functionality;
- may be a different model or colour;
- has a different IMEI;
- does not include any Device Accessories; and
- excludes special and limited-edition Devices.
- Main Screen means for:
- single screen devices – the sole screen on the Device;
- multi-screen devices – the foldable screen that makes up the Device’s main display. For the avoidance of doubt, the Main Screen does not include the small or single cover screen on the exterior of the Device.
- Major Failure has the meaning given to that term in the Australian Consumer Law.
- Mobile Refreshed Device means a Registered Device that has been the subject of Mobile Refresh Services.
- Mobile Freedom Portal means the online web portal, which may be accessed via https://mobilefreedom.asurion.com.au, and which Subscribers will use to make Service Requests and carry out other administrative tasks in relation to the Service Program.
- Mobile Refresh Service Request means a request for Mobile Refresh Services permitted under these Terms.
- Mobile Refresh Services means, in respect of a Registered Device, the following services to be provided by Us to You in respect of that Registered Device, after You have paid the Mobile Refresh Service Fee in respect of a Mobile Refresh Service Request for that Registered Device and We have accepted that Mobile Refresh Service Request:
- Main Screen replacement – replacement of the Main Screen and LCD module (if applicable) using genuine OEM parts;
- Provision of an accessories kit –wired or wireless headset and charge cable (not including electrical plug);
- Full diagnostic testing of the hardware of Your Registered Device; and
- Detailed cleaning of Your Registered Device’s exterior chassis and external ports.
- Mobile Refresh Service Fee means either AU $49 or $99. The applicable fee is dependent on the original RRP of the Device and will be notified to You prior to Your enrolment in the Service Program.
- Modified in respect of a Device, means the Device has been the subject of
- Modification means Software Modification or Hardware Modification or both.
- OEM means original equipment manufacturer.
- Permitted Transferee means a family member residing at the same residential address as You.
- Personal Information means information or an opinion about an identified individual or an individual who is reasonable identifiable:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.
-
- Registered Device means an Eligible Device that We have registered with reference to its IMEI for the Service Program in accordance with these Terms.
- RRP means recommended retail price provided by the OEM of the relevant Device.
- Service Program means the program for Mobile Refresh Services, Swap and Upgrade, as set out in these Terms.
- Service Request means a Mobile Refresh Service Request, Swap Request or Upgrade Request (as the context permits).
- Service Request Fee means (i) a Mobile Refresh Service Fee for a Mobile Fresh Service Request; (ii) a Swap Fee for a Swap Request; (iii) an Upgrade Fee for an Upgrade Request.
- Software Modification means modification made to the operating system of a Device not undertaken or authorised by the OEM and includes software modification known as ‘jail-breaking’ and ‘rooting’.
- Start Date means the later of the date upon which You receive written confirmation of Your Subscription, or the date that You receive Your Eligible Device, which has been registered under the Service Program.
- Subscriber means a subscriber to the Service Program, who has complied with all eligibility criteria and has been accepted into the Service Program.
- Subscription means Your subscription to the Service Program, pursuant to these Terms and your Agreement with Us.
- Subscription Term means the term of Your Subscription commencing on the Start Date and expiring on the End Date or sooner termination of this Agreement in accordance with these Terms.
- Swap means the exchange of a Subscriber’s Registered Device for a Like Mobile Device permitted under these Terms.
- Swap Condition is You agree to sell Your Registered Device to Asurion pursuant to the Asurion Sale Terms, by accepting the Asurion Sale Terms on the Mobile Freedom Portal.
- Swap Fee means either AU $79, $149 or $199. The applicable fee is dependent on the original RRP of the Device and will be notified to You prior to Your enrolment in the Service Program.
- Swap Request means a request for a Swap permitted under these Terms.
- Tax Invoice means an invoice in the format required by A New Tax System (Goods & Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
- Terms means these customer terms and conditions.
- Upgrade means an upgrade of your existing Registered Device to an Upgrade Device.
- Upgrade Condition is You agree to sell Your Registered Device to Asurion pursuant to the Asurion Sale Terms, by accepting the Asurion Sale Terms on the Mobile Freedom Portal.
- Upgrade Device means the next generation model of Your Registered Device that is released to the Australian market by the OEM of Your Registered Device during Your Subscription Term. For example, the next generation upgrade device of an iPhone 13 64GB is an iPhone 14 64GB, and the next generation upgrade device of a Samsung S22 128GB is a Samsung S23 128GB.
- Upgrade Fee means either AU$179, $249 or $299. The applicable fee is dependent on the original RRP of the Device and will be notified to You prior to Your enrolment in the Service Program.
- Upgrade Request means a request for an Upgrade Device permitted under these
- You, Your, Yourself means the person(s) or business named as the purchaser on the original purchase receipt or Tax Invoice in respect of Your Registered Device.
- We, Us, Our each refer to the Harvey Norman®, Domayne® or Joyce Mayne® retailer whose name and contact details appears on the original purchase receipt or Tax Invoice as the supplier of Your Registered Device to You.
| Effective from 3 July 2024 |
Annexure – Asurion Sale Terms
REGISTERED DEVICE SALE TERMS WITH ASURION (“SALE TERMS”)
- TERMS, ACCEPTANCE AND INTERPRETATION:
- You are entering into these Sale Terms with Asurion Australia Pty Ltd ABN 18 155 388 275 (“Asurion”, “Us”, “We”, “Our”).
- These Sale Terms set out the agreement between You (the seller of Your Registered Device) and Asurion (the buyer of Your Registered Device) in relation to the sale of Your Registered Device to Us in respect to a Swap Request or an Upgrade Request You have submitted via the Mobile Freedom Portal.
- You acknowledge that You have read and fully understood these Sale Terms.
- Capitalised terms in these Sale Terms are defined in the context in which they appear or in the definitions at clause 10
- SALE OF YOUR REGISTERED DEVICE:
- Subject to these Sale Terms, You agree to sell to Us Your Registered Device. In consideration for selling Us Your Registered Device, We will confirm to the Franchisee that You have satisfied the:
- Swap Condition in Your Service Program Terms and Conditions, where You have made a Swap Request; or
- Upgrade Condition in Your Service Program Terms and Conditions, where You have made an Upgrade Request.
- ELIGIBILITY:
- To be eligible to sell Your Registered Device to Us, You must:
- be enrolled in the Service Program;
- have made a Swap Request or Upgrade Request during the Subscription Term, pursuant to the Service Program Terms and Conditions;
- be the legal and rightful owner of the Registered Device with no third party having the right to claim any interest, right or ownership of Your Registered Device;
- confirm Your Registered Device is not, or has not been reported as, lost or stolen; and
- meet the identification requirements set out in clause 2 below.
- IDENTIFICATION REQUIREMENTS:
- We have obligations under relevant State and Territory second-hand dealing laws to verify the ownership of any second-hand goods received. We may also be required to verify the identity of the person that We receive second-hand goods from.
- When You make a Swap Request or Upgrade Request through the Mobile Freedom Portal, You must provide Us with a copy of a valid form of government issued identification bearing Your full name, Your date of birth, Your photograph, Your residential address and Your signature. The best form of identification that meets all these requirements is a driver's licence. You provide this to Us by uploading a copy to the Mobile Freedom Portal. If you are unable to provide a valid driver's licence, You can provide Alternative Identification Documentation that satisfies the identification requirements.
- We must receive a copy of a valid driver's licence or Alternative Identification Documentation from You in order to meet the Swap Condition or Upgrade Condition (whichever is applicable). We require this to enable Us to comply with Our legal obligations.
- You authorise Us to retain a copy of Your valid driver's licence or Your Alternative Identification Documentation for Our records.
- For the avoidance of any doubt, where You are unable to meet the identification requirements set out in this clause 4, We will not be able to proceed with Your Swap Request or Upgrade Request.
- TITLE AND RIGHTS TO YOUR REGISTERED DEVICE:
- When You accept these Sale Terms, You offer to transfer full ownership, rights and title of Your Registered Device to Us under these Sale Terms.
- When We receive Your Registered Device, We will verify that:
- it is the correct Registered Device, by reference to the model and IMEI;
- the Registered Device has not been reported as lost or stolen by checking the IMEI status of the Registered Device;
- the Registered Device has not been subject to Modification;
- the Registered Device is not AMTA locked; and
- You have disabled and removed all security features on the Registered Device.
- Once We have completed Our verification process described in clause 2 above to Our reasonable satisfaction:
- We will accept Your offer to sell the Registered Device to Us pursuant to these Sales Terms without further communication to You, at which point you enter into a contract with Us for the sale of Your Registered Device to Us; and
- ownership of Your Registered Device will immediately transfer to Us and You hereby assign to Us all associated rights and benefits of any remaining original equipment manufacturer warranty.
- YOUR RESPONSIBILITIES:
- Device Non-Return Fee for failure to return Your Registered Device – Pursuant to Your Service Program Terms and Conditions, if You have made a Swap Request:
- You must send Your Registered Device to Us within fourteen (14) days of receiving the Like Mobile Device. You will be provided with a prepaid return label and secure packaging so You can send Your Registered Device to Us;
- if You fail to return Your Registered Device within the fourteen (14) days, You will be charged a Device Non-Return Fee. You will be advised of the amount of the Device Non-Return Fee at the time You make Your Swap Request; and
- You authorise Asurion to charge Your Credit Card for the Device Non-Return Fee.
- Device Non-Return Fee for sending an Incorrect Device – Pursuant to Your Service Program Terms and Conditions, if the Device You return pursuant to a Swap or Upgrade does not correspond to Your Registered Device (model & IMEI) (Incorrect Device), then:
- You must return Your Registered Device to Us (at Your own cost) within seven (7) days of receipt of a notice to do so;
- if You fail to do so within seven (7) days after Our notice to You, You will be charged a Device Non-Return Fee. You will be advised of the amount of the applicable Device Non-Return Fee at the time You make Your Service Request;
- the Incorrect Device will be returned to You at Your cost; and
- You authorise Us to charge Your Credit Card for the Device Non-Return Fee and for any additional delivery fees incurred to return the Incorrect Device to You.
- Inoperable Device Fee – Pursuant to Your Service Program Terms and Conditions:
- before sending in or handing in Your Registered Device to Us, You must disable all security features (e.g, Find My, Android account locks) to allow Us to wipe and factory reset the Registered Device;
- if You return a Registered Device as part of a Swap or Upgrade and the security features are still enabled (Inoperable Device), We will take reasonable steps to contact You and request that You, within seven (7) days, unlock or disable the security features on the Inoperable Device or take other steps to make the Inoperable Device operable. If You do not or cannot comply with the request, You will be charged an Inoperable Device Fee. You authorise Us to charge Your Credit Card for the Inoperable Device Fee;
- if an Inoperable Device Fee has been successfully charged, We will return the Inoperable Device to You at Your cost and You authorise Us to charge Your Credit Card for any additional delivery fees incurred to return the Inoperable Device to You;
- if We charge You an Inoperable Device Fee, We will transfer title and rights in the Registered Device back to You;
- if you return a Registered Device as part of a Swap or Upgrade and it is AMTA locked, the Registered Device will automatically be considered to be an Inoperable Device and You will be charged an Inoperable Device Fee. You authorise Us to charge Your Credit Card for the Inoperable Device Fee. Inoperable Devices are usually AMTA locked when they have been reported as lost or stolen. Your Inoperable Device will not be returned to You where We are required by law to provide it to the relevant authorities.
- Modified Devices – Pursuant to Your Service Program Terms and Conditions:
- You will be asked at the time You make a Service Request whether Your Registered Device has been subject to a Modification;
- if the Device You return pursuant to a Swap or Upgrade has been subject to a Modification, You will be charged a Device Non-Return Fee;
- You authorise Us to charge Your Credit Card for the Device Non-Return Fee. If a Device Non-Return Fee has been successfully charged, We will return the Modified Device to You at Your cost, and You authorise Us to charge Your Credit Card for any additional delivery fees incurred to return the Modified Device to You;
- if We charge You a Device Non-Return Fee, We will transfer title and rights in the Registered Device back to You.
- PRIVACY:
By accepting these Sale Terms, You consent to Us collecting, handling, storing and/or disclosing Your Personal Information in accordance with Data Privacy Laws and Our privacy policy, a copy of which is available at https://corporate.asurion.com.au/eng/privacy-policy/
- LIABILITY
We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of Our obligations under these Sale Terms that is caused by events outside Our reasonable control or due to Our compliance with any applicable laws or regulations.
- MISCELLANEOUS
- You acknowledge and agree that no Franchisee is a party to the Sale Terms and has no obligation to You with respect to any matters set out in these Sale Terms.
- Severability. If part or all of any provision of these Sale Terms is invalid or unenforceable, it may be severed from these Sale Terms and will not affect the continued operation of the remaining provisions of these Sale Terms.
- Governing Law. These Sale Terms will be governed by and construed in accordance with the laws of New South Wales.
- DEFINITIONS:
- In these Sale Terms, the following words have the following meanings:
- Alternative Identification means:
- a card or other document that:
- bears Your photograph, and
- is issued by an Australian Authority, and
- includes Your name, date of birth, signature and residential address;
or
- a combination of cards or other documents that:
- (i) are issued by organisations or persons (other than You) and that include Your name, signature and residential address; and
- (ii) includes a card or document issued by an Australian Authority which shows Your date of birth;
or
- a card or other document, such as a foreign passport, issued by a Foreign Authority that:
- bears Your photograph, and
- includes Your name, signature, date of birth and residential address, which may be a permanent or temporary residential address in Australia;
or
- a combination of cards or other documents, such as a foreign passport, that includes:
- (i) a card or document issued by a Foreign Authority that bears Your photograph and includes Your name, signature, date of birth and residential address, which is not a permanent or temporary residential address in Australia; and
- (ii) a document, such as a letter from a landlord or owner of a hotel or similar premises, that includes Your permanent or temporary residential address in Australia.
- AMTA means Australian Mobile Telecommunications Association.
- Australian Authority means the government or a statutory authority of the Commonwealth, a State or a Territory of Australia.
- 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 the Privacy Act 1988 (Cth) that applies to Us.
- Device means a mobile wireless device that:
- has a display screen;
- supports one or more wireless network connectivity options; and
- is operated using voice, touch or a miniature keyboard.
- Device Non-Return Fee means the fair market value cost to Us to replace Your previous Registered Device or, if the model of Your previous Registered Device is no longer available, a similar device.
- Foreign Authority means the government or a government authority of a foreign country or a state or other part of a foreign country.
- Franchisee means a franchisee that operates a Harvey Norman®, Joyce Mayne ® or Domayne® retail business from the Store.
- Hardware Modification means any modification made to the hardware of a Device not undertaken or authorised by the OEM, including the use of non-genuine parts or the removal of parts.
- IMEI means international mobile equipment identity.
- Inoperable Device Fee has the same meaning as Device Non-Return Fee.
- Like Mobile Device means a Device, compared to Your Registered Device, that:
- (i) may be new or refurbished;
- (ii) is of similar kind, quality and functionality;
- (iii) may be a different model or colour;
- (iv) has a different IMEI; and
- (v) does not include any Device Accessories; and
- (vi) excludes special and limited-edition Devices.
- Mobile Freedom Portal means the online web portal, which may be accessed via https://mobilefreedom.asurion.com.au.
- Modification means Software Modification or Hardware Modification or both.
- Modified in respect of a Device, means the Device has been the subject of Modification.
- Personal Information means information or an opinion about an identified individual or an individual who is reasonably 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.
- OEM means original equipment manufacturer.
- Registered Device means a device that is registered to You under Your Service Program subscription.
- Service Program Terms and Conditions means the Mobile Freedom Service Program Terms and Conditions.
- Software Modification means modification made to the operating system of a Device not undertaken or authorised by the OEM and includes software modification known as ‘jail-breaking’ and ‘rooting’.
- Store means a retail store branded as “Harvey Norman®”, “Domayne®” or “Joyce Mayne®” and operated by a Franchisee.
- Swap has the same meaning given to this term in the Service Program Terms and Conditions.
- Swap Condition has the same meaning given to this term in the Service Program Terms and Conditions.
- Swap Device means the device You received pursuant to a Swap Request.
- Swap Request has the same meaning given to this term in the Service Program Terms and Conditions.
- Upgrade has the same meaning given this term in the Service Program Terms and Conditions.
- Upgrade Condition has the same meaning given to this term in the Service Program Terms and Conditions.
- Upgrade Request has the same meaning given to this term in the Service Program Terms and Conditions.
- You and Your means you, being an individual who meets the eligibility criteria in these Sale Terms.
I acknowledge and agree to the Sales Terms and confirm I am the owner of the Registered Device.
