Yearly Upgrade Programme: Terms and Conditions
Yearly Upgrade Benefit
- Eligible Customers who make a Qualifying Purchase (a “Participant” or “you” or “your”) will have the opportunity, within the last 12 months of their minimum period, to trade in their Eligible Device, upgrade to a new Refresh contract and have the outstanding balance (“Outstanding Balance”) on the Qualifying Purchase Device Plan to be cleared by O2 (“Yearly Upgrade Programme”).
- One eligibility for the Yearly Upgrade Programme per Qualifying Purchase only. The opportunity to participate in the Yearly Upgrade Programme will continue until Participant’s Pay Monthly Mobile Agreement or airtime tariff reaches the end of the minimum period, is upgraded, changed or otherwise ends or until Yearly Upgrade Programme is withdrawn, whichever happens first.
- O2 reserves the right to amend or withdraw the Yearly Upgrade Programme at any time, including but not limited to the substitution of a suitable alternative.
Eligibility & Participation
- The Yearly Upgrade Programme is available to O2 customers who purchase an Eligible Handset with and Eligible Tariff in the same transaction, on O2 Refresh (a “Qualifying Purchase”). For the avoidance of doubt, customers who purchase an Eligible Handset and transfer to an Eligible Tariff at a later date, do not qualify.
- “Eligible Handsets” and “Eligible Tariffs” are designated as such in O2’s sole discretion. O2 shall identify Eligible Handsets in selected promotional material. Handsets and Tariffs may only be eligible for this Offer at certain times, so please check marketing material.
- To participate the Yearly Upgrade Programme, participants must:
a. have no more than 12 months outstanding on the O2 Refresh Device Plan related to their Qualifying Purchase; and
b. have made at least 12 repayments on that O2 Refresh Device Plan; and
c. not be in arrears in relation to that O2 Refresh Device Plan and / or their linked 24-month Airtime Plan; and
d. trade in their Eligible Handset through the O2 Recycle scheme, subject to O2 Recycle terms; and
e. upgrade to a new O2 Refresh contract with the same or higher tariff, directly through O2. To remain on the Yearly Upgrade Programme, customer should upgrade to a new O2 Refresh contract with a then currently Eligible Handset and Eligible Tariff, if available.
- Where the customer has no more than 12 months outstanding on their O2 Refresh minimum period, but has not made 12 repayments at the point they wish to participate, customer must make an ad hoc payment before they can participate.
- In the event the participant is in breach of these terms and conditions then O2 reserves its rights to claims damages and/or may immediately terminate your right to participate in the Yearly Upgrade Programme.
- For the avoidance of doubt, upgrades made through third party distributors do not qualify.
- In order to trade in your Eligible Device, the Eligible Device must meet the minimum condition requirements set out in the Your Device section of the terms and conditions at O2recycle.co.uk without any reduction for damage i.e. the 100% criteria to be eligible for trade in. iPhones must be unlocked from your iTunes account and factory settings restored.
- Where the value of the Eligible Device traded in is worth more than the outstanding balance cleared by O2, O2 will not be obliged to pay you the difference between the outstanding balance and the O2 Recycle value. Therefore, customers with an Eligible Device that has an O2 Recycle value that is higher than the outstanding balance may benefit more from not participating in the Yearly Upgrade Programme and, instead, to trade in their Eligible Device through O2 Recycle independently, wait to receive the cash payment into their bank account and pay off their Outstanding Balance themselves.
- Where any upfront payment is required as part of the upgrade then this will be payable by participants as per the terms and conditions applicable to such upgrade.
- These terms and conditions will only apply to the Qualifying Purchase O2 Refresh Agreement and any subsequent upgrade where the device is an Eligible Device purchased on an Eligible Tariff. Where you upgrade to a device or tariff which is not eligible at the time for the Yearly Upgrade Programme then these terms will not apply.
- Subsequent upgrades will be subject to the terms and conditions in place at the time of the upgrade.
Other important terms
- These terms and conditions together with the Device Plan Agreement and Pay Monthly Mobile Agreement govern your participation in the Yearly Upgrade Programme.
- O2 reserves the right to amend or withdraw this Offer at any time and will notify you of such changes by placing a notice at the top of these terms. O2 does not guarantee that the Yearly Upgrade Programme will always be made available and reserves the right to end the Yearly Upgrade Progamme at any time.
- Where a Participant wishes to cancel their Qualifying Purchase, (including O2 Refresh Device Plan and associated Airtime Plan if applicable) within the 14 day Change-Your-Mind period then they are no longer eligible to participate in the Yearly Upgrade Programme.
- No applications from organised groups, third parties, or agents, will be allowed. Incomplete applications or applications that are not in accordance with the application instructions will be rejected.
- The Yearly Upgrade Programme is personal to the Participant and cannot be transferred, unless otherwise permitted by the Promoter. There is no cash alternative.
- Responsibility is not accepted for applications damaged, lost, or delayed as a result of any computer hardware, network or software failure of any kind.
- Applicants should retain a copy of their receipt or online order confirmation as proof of purchase.
- In the event of a dispute the decision of the Promoter is final. No correspondence will be entered into.
- By participating in the promotion, all applicants will be deemed to have accepted and be bound by the rules and consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this promotion and any other purposes to which the entrant has consented.
- These terms and conditions shall be governed by English law and the English courts shall have exclusive jurisdiction.
Promoter and data controller: Telefonica UK Limited 260 BATH ROAD, SLOUGH, BERKSHIRE, SL1 4DX
Publication and effective date: 23 May 2017. Terms and conditions for the Yearly Upgrade Programme prior to the effective date can be found in our Archive section.