iPhone Upgrade Program-0917
iPhone UPGRADE PROGRAM TERMS AND CONDITIONS
THE iPhone UPGRADE PROGRAM IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH HEREIN. CWORK SOLUTIONS, LP WITH
OFFICES AT 625 WILLOW SPRINGS LANE, YORK, PA 17406 (“CWORK”), IS ENTERING IN TO A BINDING AGREEMENT WITH “YOU”, THE
PARTICIPATING SUBSCRIBER. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND
OBLIGATIONS FOR PARTICIPATING IN THE iPhone UPGRADE PROGRAM. IF YOU PARTICIPATE IN THE iPhone UPGR ADE PROGRAM, YOU
AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW (THE “AGREEMENT”).
I. Program Description (Generally). The iPhone Upgrade Program is an
upgrade program for T-Mobile USA, Inc. (T-Mobile Puerto Rico LLC if
you are a Puerto Rico customer) (collectively “T-Mobile”) customers w ho
(i) have purchased a qualifying iPhone from T-Mobile authorized to be used
on T-Mobile’s network (“Eligible Apple Device”) with an Equipment
Installment Plan Agreement with T-Mobile or its assignee Creditor
(“Equipment Installment Plan (EIP) Agreement”); and (ii) purchase a new
qualifying iPhone, under an EIP Agreement from a participating T-Mobile
store (“T-Mobile Upgrade”). When You trade in Your Eligib le Apple
Device for a T-Mobile Upgrade, CWork will remit to T-Mobile or its
assignee Creditor, subject to this Agreement, an amount equal to the
current outstanding balance due on the EIP Agreement associated with the
Eligible Apple Device (“iPhone Upgrade Program”).
II. Representations. By enrolling in the iPhone Upgrade Program, You
represent and warrant that You:
a) are over the age of eighte en (18) (21 years old or legally emancipated
if you are a Puerto Rico customer) and are free to enter into this
Agreement;
b) lawfully own the Eligible Apple Device;
c) understand that when You trade in Your Eligible Apple Device for
the iPhone Upgrade benefit, You surrender ownership rights to the
Eligible Apple Device and CWork is under no obligation to retu rn
the Eligible Apple Device to You; and
d) agree to provide CWork with the information necessary to remit to
T-Mobile or its assignee Creditor the amount equal to the current
outstanding balance due on the EIP Agreement relevant to the
Eligible Apple Device.
III. Applicability. This Agreement is supplemental to, and separate from any
service agreement(s) or other terms and conditions You have with
T-Mobile including, but not limited to, Your wireless Services Agre ement,
T-Mobile Terms and Conditions, and the EIP Agreement (collective ly the
“T-Mobile Agreements”) and The Device Protection Terms and
Conditions (or Equipment Protection Program Terms and Conditions if
you are a Puerto Rico customer) (collectively “Device Protection Terms ”).
To the extent that these Terms and Conditions conflict with any other
provision of any other terms and conditions of the T-Mobile Agreements,
the provision(s) in the T-Mobile Agreements shall apply.
IV. In order to be eligible to receive benefits under the iPhone Upgrade
Program, You must satisfy the following el igibility requirements.
a) Program Eligibility. You must have an eligible wireless service
plan, have (i) purchased an Eligible Apple Device from T-Mobile
under an EIP Agreement during the Promotional Period, (ii) be
enrolled in the iPhone Upgrade Program, and (iii) be current and in
good standing with your T-Mobile Agreements.
b) Promotional Period. The Promotional Period runs from
September 15, 2017 to August 31, 2018.
c) Device Eligibility. The Eligible Apple Device must (i) match the
IMEI identified on the EIP Agreement, or at CWork’s discretion
any replacements provided by T-Mobile or by the manufacturer; and
(ii) power on and have its hardware and software operating in a
manner consistent with the original Manufacturer’s specifications,
and neither have a cracked screen nor water damage (“Good
Working Order”) as determined by CWo rk in its reasonable
discretion, and You must have also paid at least 50% of Your
Eligible Apple Device cost for Your Eligible Apple Devi ce .
V. Program Term. The benefits of the iPhone Upgrade Program expire
24-months after purchase of the Eligible Apple Device.
VI. Requesting Program Benefits. You may request Your iPhone Upgrade
benefits in a manner that T-Mobile makes available to you, which may
change from time to time. These may include: a) going to a participating
T-Mobile location; b) calling T-Mobile Care at 1-800-93 7-8997 and telling
the representative You wish to upgrade under the iPhone Upgrade
Program; or c) upgrading via the T-Mobile website at www.t-mobile.com.
Web upgrades are not available for Puerto Rico customers. You must then
trade-in Your Eligible Apple Device via one of the a vailable channels
pursuant to the process below.
VII. Trade-In and Evaluation Process. To trade in Your Eligible Apple
Device under the iPhone Upgrade Program, You must surrender the
Eligible Apple Device and its battery to CW ork via one of the available
channels, which may include In-Store, Self-Ship or other as identified by
T-Mobile from time to time. If In-Store or Self-Ship options are available,
You must surrender the Eligible Apple Device as fo llows:
In-Store: If You conduct Your T-Mobile Upgrade at a participating
T-Mobile store and an authorized T-Mobile representative determines that
Your Eligible Apple Device is in Good Working O rder, You will turn over
Your Eligible Apple Device to T-Mobile. CWork will then remit to
T-Mobile an amount equal to the outstanding balance due for the Eligibl e
Apple Device under the EIP Agreement at the time T-Mobile approves its
condition for credit to Your T-Mobile account.
Self-Ship: If You conduct Your T-Mobile Upgrade at a participating
T-Mobile Store and decide either to turn in Your Eligib le Apple Device at
a later time, or process Your trade-in over the phone, or process Your
trade-in online (the online trade-in option is not availabl e for Puerto Rico
customers), You must ship Your Eligible Apple Device to CWork per the
directions provided to You. Your Eligible Apple Device must be properly
shipped to avoid damage during transit; CWork may make adjustments to
the trade-in value based upon evaluation of quality and condition on
receipt. Subject to the terms in this Agreement, CWork will remit to
T-Mobile or its Assignee Creditor an amount equal to the outstanding
balance due under the EIP Agreement for Your Eligible Apple D evice at
the time it is received and approved by CWork. You will receive a T-Mobile
bill credit for the trade-in value within three (3) billing cycles.
If You ship a Device that matches the IMEI on Your EIP Agreement
directly to CWork for trade-in under the iPhone Upgrade Program, but
CWork finds that it is not in Good Working Order, the Device will not be
considered an Eligible Apple Device. THE DEVICE WILL NOT BE
RETURNED TO YOU.
If You ship a Device to CWork and the IMEI does not match the one
identified on Your EIP Agreement, it is not an Eligib le Apple Device,
shipping it to CWork will not entitle You to any iPhone Upgrade Program
benefits, and THE DEVICE WILL NOT BE RETURNED TO YOU.
Your shipment of such Device to CWork constitutes Your agreement to
T-Mobile’s Device Recovery Program (“DRP”) Terms and Conditions.
Please see the DRP Terms and Conditions at www.t-mobile.com for details.
VIII. Benefit Limit. You will be eligible for one (1) upgrade within 24 months
from purchase.
IX. Your Obligation to Protect Your Private and Personal Information. It
is Your sole responsibility to protect or secure any information on Your
Eligible Apple Device. You are responsible for removing data and personal
information, which includes, but is not limited to, SIM cards, memory
cards, passwords, contacts, emails, pictures or calendars. Consult Your
Users Guide to learn how to erase or remove such information. You ma y
keep Your removable memory card. You are also obligated to reset Your
Eligible Apple Device to factory settings and disable any passwords or
locking features such as Find My iPhone. If you fail to do so, it will not be
eligible for trade-in.
X. Transferability and Availability. This Agreement is non-transferable.
The iPhone Upgrade Program is available only in the U nited States and
Puerto Rico, excluding Guam.
XI. Cancellation. If You cancel Your wireless service with T-Mobile for any
reason, including nonpayment or if T-Mobile cancels Your wireless service,
this constitutes cancellation of Your participation in the iPhone Upgrade
Program.
CWork has the right to cancel Your iPhone Upgrade Program benefits for
cause, including, without limitation, in case of fraud or misrepresentatio n
in any way by You, substantial breach of duties by You, or failure to
maintain Your T-Mobile Agreements in good standing.
Your participation in the iPhone Upgrade Program is subject to our
business policies, practices, and procedures, which we can change without
notice. CWork reserves the right to modify this Agreement or to cancel
Your participation in the iPhone Upgrade Program at any time, at Our sole
discretion. If We materially change the iPhone Upgrade Program or a term
in this Agreement in a manner that is materially adverse to You, We will
provide You with at least 30 days’ written notice of the effective date of the
change. In the event the iPhone Upgrade Program is cancelled (other than
for cause) and You are currently eligible, You may receive one benefit under
the iPhone Upgrade Program prior to the effective date of the cancellation.
