1. Summary of One Upgrade (and your other rights)
1.1 One Upgrade is a monthly add-on which allows customers on eligible plans to upgrade their existing phones to a new eligible phone, in accordance with these terms and conditions. The General Customer Terms, Mobile Terms, and Interest Free Payment Terms also apply to One Upgrade.
1.2 You can cancel One Upgrade within five working days of receiving these terms, or where we fail to provide you with these terms, by contacting us in store or by phone at 0800 800 021. If you cancel within that timeframe, any amount you have paid for One Upgrade will be refunded.
1.3 One Upgrade does not affect other rights you may have under the Consumer Guarantees Act 1993 (CGA) in relation to a defect affecting your phone (summarised in the comparison table below). If you’re using our services in trade, you agree that the CGA does not apply.
|Commencement||Your rights under the One Upgrade add-on commence when you sign up to One Upgrade on these terms and conditions.||The CGA rights apply from the date you acquire the right to possess the phone. The guarantee of acceptable quality starts when you receive the phone.|
|Term||One Upgrade continues to apply until it is cancelled or terminated (see clause 5 below).||The CGA applies for a “reasonable” period after the phone has been supplied to you, taking into account (amongst other things) the price and nature of the phone, the way it is used and any statements or representations we make about the phone.|
|Summary of your rights||One Upgrade enables you to upgrade your phone to a new phone, subject to these terms and conditions (including the requirement for phone condition assessment; see clause 4 below).||Under the CGA, goods must be of acceptable quality, fit for any particular purpose that you made known to us, and match the description we give to you (among other things) and must also comply with any manufacturer’s guarantees. See consumerprotection.govt.nz for more details about the CGA.|
|Defective phones||One Upgrade enables you to upgrade your phone, even where it is defective, but if the phone is not in good working order, a higher fee applies (see clause 5 below).||If a CGA breach can be remedied, you may require us to remedy it within a reasonable time, or if we fail to do so, to have it remedied elsewhere at our cost (or you can reject the phone and receive a full refund or a replacement). If the breach cannot be remedied or is of a substantial character, you may reject the phone and receive a full refund or a replacement of the same or similar phone, or seek compensation from us for any reduction in value of the phone below the price paid.|
2. Which plans and phones are eligible?
2.1 One Upgrade is available to One NZ customers who:
- (a) purchase an eligible instock phone on a 12, 24 or 36 month interest free plan in a One NZ retail store (Interest Free Plan); and
- (b) for that phone, sign up to any Pay Monthly mobile plan (an Eligible Mobile Plan); and
- (c) select One Upgrade at the time of purchasing the phone on an Interest Free Plan and Eligible Mobile Plan.
2.2 One Upgrade is not available:
- (a) where you purchase a phone outright (without an Interest Free Plan and an Eligible Mobile Plan);
- (b) in combination with any other One NZ promotions, discounts, or offers (unless otherwise specified by us);
- (c) for channel specific plans (e.g. mass channel plans such as Harvey Norman); or
- (d) if, based on a credit assessment, we decline in our sole discretion to offer or renew One Upgrade.
2.3 You cannot upgrade during the first 30 days after signing up to One Upgrade.
2.4 One Upgrade cannot be transferred between connections, accounts, or plans.
3. How to upgrade.
3.1 Before you deliver your existing phone to us, you must:
- (a) remove all accessories, covers, cases, SIM cards, and memory cards;
- (b) remove any personal or confidential data and perform a factory data reset; and
- (c) unlock your phone and ensure that any activation locking features (such as Apple iCloud and Google Cloud) are disabled and all password-protected security features (e.g., Find My iPhone) are turned off.
3.2 By delivering your phone to us, you warrant and agree that:
- (a) you own, have full rights and unencumbered title to the phone;
- (b) One NZ does not accept any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from your existing phone prior to return;
- (c) on leaving your phone with us, all rights, title and ownership of it will pass to One NZ and you will have no further rights or interest in that existing phone; and
- (d) you will do all things reasonably required in order to allow your identity and the ownership of your phone to be verified, including where we are required to check your identity by law.
3.3 In order to upgrade your existing phone:
- (a) you must visit a One NZ retail store. Only the account holder (or their authorised representative) for the relevant Interest Free Plan can upgrade;
- (b) you must have no outstanding charges due and payable on your One NZ account;
- (c) you must complete a phone condition assessment of your existing phone (see clause 4);
- (d) your existing phone must not be “jailbroken” (i.e. free from the limitations imposed on it by the manufacturer) and there must be no reasonable grounds for us to suspect that you have engaged in any fraudulent or criminal activity in relation to your phone or One Upgrade;
- (e) your phone IMEI number (unique identifier) must match the one we have on record for your One Upgrade and must not be blacklisted;
- (f) you must pay the applicable Upgrade Fee (see clause 4); and
- (g) you must provide us with any supporting documentation reasonably requested, such as proof of ownership of the existing phone, your identity (or, if you are the authorised representative of the account holder, reasonable evidence of this authority).
3.4 After you upgrade, we will cancel your associated Interest Free Plan (and you will not be required to make any remaining phone repayments under that Interest Free Plan, other than any charges already due and payable). Your existing Eligible Mobile Plan will continue in relation to the new phone, which will be subject to a new Interest Free Plan. You cannot upgrade your phone unless you sign up to a new Interest Free Plan.
4. Phone Condition Assessment.
4.1 Before you can upgrade your existing phone, you must complete a phone condition assessment which requires you to take your phone in to a One NZ branded retail store and have it physically examined by one of our staff. The assessment result is valid only for that visit. If you visit a One NZ store on a separate occasion you will be required to redo the assessment.
4.2 The assessed condition and applicable upgrade fee is subject always to our final decision (acting reasonably).
4.3 A phone is undamaged and in “Good Working Order” for the purposes of these terms if it is fully functional and not physically damaged as reasonably determined by us. For example, a phone will be in Good Working Order if the phone:
- (a) powers on, holds a charge for a reasonable period and the battery health is above 85%;
- (b) has a correctly functioning display, buttons, cameras, Wi-Fi, Bluetooth, and face ID (where applicable) and is able to make and receive calls without issue;
- (c) is free of cosmetic damage, including chips on the screen or casing, heavy or deep scratching on the casing or screen or cracks on the casing or screen (or screen issues such as green lines, pink screen, dead pixels/light spots, touch screen issues, screen burn or display defects); and
- (d) does not have any missing, disassembled, customised or non-genuine parts (other than parts used for repair under a manufacturer's warranty or under the Consumer Guarantees Act 1993 or Fair Trading Act 1986).
5. Our Fees.
5.1 You agree to pay:
- (a) a “Monthly Fee” for your One Upgrade subscription, of $10 per month for each Interest Free Plan (payable on your usual payment cycle date); and
- (b) an “Upgrade Fee” payable whenever you upgrade your phone. Upgrade Fees are calculated as follows:
- (i) if your phone is in Good Working Condition, the Upgrade Fee is $99 (although, if you upgrade in the last 12 months of a 24 month or 36 month Interest Free Plan, or in the last 6 months of a 12 month Interest Free Plan, we will waive this Upgrade Fee); and
- (ii) if your phone is not in Good Working Condition, the Upgrade Fee is $299 (although, if you upgrade in the last 6 months of a 12 month Interest Free Plan, or in the last 12 months of a 24 or 36 month Interest Free Plan, the fee is $99).
5.2 No up-front deposit: As a One upgrade customer, if you upgrade your phone and sign up to a new Interest Free Plan, the value of the applicable deposit will be applied over the term of your Interest Free Payment term, not as an upfront payment.
6. Termination, Suspension and Cancellation.
6.1 You may cancel your One Upgrade at any time by notifying us at a One NZ retail store or by calling us.
6.2 We may cancel, or temporarily suspend, your One Upgrade add-on if:
- (a) you fail to pay the Upgrade Fee and/or any amounts under your associated Interest Free Plan when due; or
- (b) we reasonably suspect that you, or someone else, has engaged in fraudulent or criminal activity.
6.3 If your One Upgrade add-on is suspended by us or by you, during any suspension period you will not be able to upgrade your phone.
6.4 Your One Upgrade add-on will automatically terminate if the term of your associated Interest Free Plan or Eligible Mobile Plan, or your One NZ account, expires or is terminated.
6.5 If you cancel your One Upgrade add-on, you will receive a pro-rata refund of any Monthly Fees paid in advance (for the remainder of any payment cycle) on your next invoice.
Take a closer look at our One Upgrade Add-On.