Trade Up Terms and Conditions

Last updated: 19 March 2018

Trade Up allows you to upgrade to the latest handset provided you meet the eligibility criteria set out in these terms and conditions. 

  1. These terms and conditions apply in addition to our Pay Monthly Terms and Conditions, Business Terms and Conditions, and any other specific terms and conditions applying to your Plan or Account with 2degrees, including the Mobile Repayment Option Terms and Conditions.
  2. You can only add Trade Up when you purchase a new selected handset (Eligible Handset) on a 24 month interest free Mobile Repayment Option (MRO) together with an eligible Pay Monthly or Business Plan (Eligible Plan).
  3. Trade Up must be added by you at the time of purchasing your new Eligible Handset on MRO. You will not be able to add Trade Up to your existing handset or an existing MRO.
  4. You will be charged an additional $10 (incl. GST) per month for Trade Up. Your initial charge will not be pro-rated, regardless of the time of sign up. Unless you cancel Trade Up, the charge will recur monthly until you exercise the right to upgrade to the latest handset or the term of your MRO ends.
  5. With Trade Up, you will have the right to upgrade to the latest handset provided that:
    1. you have paid in full 12 consecutive monthly bills received by you in respect of your MRO and there are no current amounts outstanding to be paid on your 2degrees Account; and
    2. you return your current Eligible Handset (or a handset of the same make, model and capacity) in undamaged and in good working condition, and accompanied with any Trade Up documentation required by 2degrees within seven (7) days of exercising your right to upgrade; and
    3. the latest handset of your choosing is eligible for an upgrade exchange with your existing Eligible Handset; and
    4. you are on an Eligible Plan; and
    5. you sign up to a new 24 month MRO (for the full price of the new Eligible Handset) with the new 24 month period starting on the date you purchased the new Eligible Handset. 
  6. For the purpose of clause 6(b) a handset is undamaged and in good working condition if:
    1. it powers on and off;
    2. there is no physical damage to the handset except normal wear and tear (e.g., there is no cracks on the screen or casing, the handset has no liquid damage, there is no damage to any USB or power connector and the SIM reader is not faulty);
    3. the handset works normally and is fit for purpose (e.g. can make and receive calls and connect to the internet);
    4. it is accompanied by the phone battery;
    5. it has all locking features disabled (for example handset passwords or iCloud locking codes);
    6. the handset ‘s IMEI is not blocked or blacklisted by any New Zealand mobile network.
  7. You acknowledge and agree that once you return your current Eligible Handset all of your information and data stored on that Eligible Handset will be lost.
  8. Subject to clause 10 and 11, once you have upgraded to a new handset on a new 24 month MRO in accordance with clause 6, your previous MRO will be cancelled and you will not be required to pay any further charges in respect of your original Eligible Handset or early termination charges (if applicable). For the avoidance of doubt, any payments made on your original Eligible Handset are non-refundable.
  9. Where you have upgraded to a new handset but your returned original Eligible Handset does not comply with the conditions set out in clause 6(b), then you will be required to pay 2degrees a compensation fee. The compensation fee will be an amount determined by 2degrees which will not exceed 40% of the retail price of your original Eligible Handset advertised at the time you signed up to your original MRO (minus any upfront payment made by you for that handset).
  10. Where you have upgraded to a new handset but your original Eligible Handset is never returned, you will be required to pay 2degrees the full balance outstanding on that original Eligible Handset and any early termination charges that may apply in respect of the cancellation of your previous MRO. 
  11. Trade Up can be cancelled by you at any time. We may also cancel Trade Up on your MRO for reasons of non-payment of any charges due under your Account or where we terminate your agreement with us, your Account, or any connections to a Service in accordance with the Pay Monthly Account Terms and Conditions and Business Terms and Conditions.
  12. You will not receive a refund of any of the payments you have made in respect of Trade Up where you cancel Trade Up on your Eligible Plan. You will also not be able to add Trade Up to that plan again.
  13. When exercising an upgrade you will be able to add Trade Up again to your new handset at the time of sign up, provided your new handset is eligible for Trade Up and you are signing up to a new 24 month MRO at the same time. Note that Trade Up will not be automatically added to any new plan.
  14. Not all plans and handsets offered by 2degrees will be eligible for Trade Up. 2degrees reserves the right to change the plans and handsets eligible for Trade Up at any time at its discretion.