Device Trade-In 
(Consumer and Business)
TERMS AND CONDITIONS
1. GENERAL
- The Telstra (Consumer and Business) Trade-In program (“Program”) is operated by Assurant Services Australia Pty Limited ABN 18 613 632 367 (“Assurant”).
- Telstra Limited ABN 64 086 174 781, its staff, employees and dealers (collectively “Telstra”), may provide elements of the Program as agents of Assurant.
- Assurant is a registered Second-Hand Dealer (Registration No. 2PS20872 in New South Wales)
- These Terms and Conditions form part of the agreement between you, the owner of the Device being sold and Assurant, the purchaser of the Device. Please read these Terms and Conditions carefully. Your participation in the Program is subject to your compliance with these Terms and Conditions.
2. DEFINITIONS
“Device” means the electronic equipment you wish to exchange for consideration as part of this Program.
“Eligible Device” means a Device that qualifies for the Program by being listed in the Trade-In Application and has an indicative trade-in value provided.
“IMEI” means International Mobile Equipment Identity.
“Secondhand Dealers Act” means the and Pawnbroker Second-hand Dealers Act 1996, NSW.
"Trade-In Application” means a digital tool allowing you to assess and exchange your Device for a credit on your Telstra account, accessed via QR codes, web flows or downloadable from the Google Play or Apple App store.
“Authorised Identification” means a current Australian or international passport or driver’s license.
“you” or “your” means the legal owner and seller of the Device.
“we”, “us” or “our” means Assurant.
3. ELIGIBILITY
3.1 To be eligible to participate in the Program you must be, either
an individual who is a resident of Australia, at least 18 years old; or
a small business with an ABN or ACN,
and have an active post-paid mobile service with Telstra with an existing and active 13 digit Telstra account number.
3.2 To be eligible to participate in the Program you must attest to and/or will do the following:
You meet the eligibility criteria as set out in clause 3.1;
You are legally capable to enter into a binding contract;
You are the rightful owner of a Device that qualifies for the Program and are legally entitled to sell that Device;
Your Device has no debts owing and no other individual or organisation has any rights to claim any interest, right or ownership of your Device. Without limitation, you must not trade-in a Device on a Mobile Lease Plan with Telstra, or if the Device is subject to any other encumbrance.
Your Device is not lost or stolen, and has not been IMEI locked/blocked [and is working normally];
Before you surrender your Device, you will ensure that it has been factory reset, with all data and SIM
cards removed, and all screen locks, pin code, activation locks and device tracking features disabled or removed from your Device;
Your contact details and information regarding your Device is true and correct; and
You have provided Telstra with valid proof of identification to comply with the Secondhand Dealers Act as an individual or as an authorised representative of a business, as applicable.
4. TRADE-IN DEVICE REQUIREMENTS, PROCESS AND PAYMENTS
4.1 To participate in the Program you will be directed to the Trade-In Application to commence the trade-in process of your Device. When using the Trade-In Application, you will be required to assess the Device you are offering to sell to us using a self-assessment online tool.
4.2 The trade-in device self-assessment on the Trade-In Application will require you to:
Validate your Telstra Mobile Number
Input the IMEI or Serial Number of your Device.
Confirm the make and model of your Device you would like to trade-in;
Carry out a series of diagnostic tests and respond to questions in relation to your Device functionality and cosmetic condition.
4.3 As part of applying for trade-in, you must fully complete Assurant’s Trade-In Application assessment to receive an offer as the trade-in value of your Device. After your Device is received and assessed by Assurant in NSW, if the condition of the Device matches your online assessment, this is the value that Telstra on behalf of Assurant will issue to you by way of a credit being applied to your Telstra account as payment to you for the Device.
4.4 Telstra and Assurant make no representations about the market value of the Device or the price that you might be able to obtain elsewhere.
4.5 The model and condition of the Device received by Assurant needs to match that of your application, otherwise it may be declined by Assurant, returned to the shipping address as provided by you to Telstra, and no trade-in credit will be applied.
4.6 The personal details provided must be for you as the Telstra account holder. If you are a business and your authorised representative is trading in a Device in return for a credit to be applied to your Telstra account, they warrant that they are doing so on your behalf, and have the authority to do so.
4.7 Subject to you meeting the Program requirements, Telstra on behalf of Assurant will typically apply the credit to your Telstra bill within 2 billing cycles.
4.8 Once you surrender your Device to Australia Post or the Telstra Retail Store in accordance with Program requirements, ownership in your Device shall immediately pass to Assurant upon Assurant completing an assessment of your Device and accepting the Device for trade-in under this Program.
4.9 Assurant reserves the right to decline any Device that is damaged and/or does not meet trade-in eligibility and acceptability criteria.
4.10 Please note that our trade-in offer and the Telstra credit are both inclusive of GST.
4.11 If you are currently paying off your Device with Telstra (such as on a Device Payment Contract), after trading in your Device you'll need to continue paying your Device payments until you have paid out your Device in full.
4.12 You are responsible for checking whether there are any service add-ons linked to your Device being traded-in and cancelling them before trading-in your Device, as otherwise you may continue to be charged these fees by Telstra after trading in your Device.
5. LOST OR STOLEN DEVICES
5.1 Assurant will not accept devices for trade-in which we determine to be lost, stolen or blocked. It is a criminal offence if you knowingly sell a Device which you do not own.
5.2 Assurant may be required by law to submit the serial number of all traded-in Devices to a Police database that checks to see if the Device is lost or stolen, or IMEI blocked. If Assurant determines that the trade-in Device has been reported lost or stolen, or there is a deliberate attempt to commit fraud, we are required by law to inform the Police and hand in the Device to them. Your personal details will be provided to the Police.
5.3 If you have already received a credit from Telstra for a Device which we later become aware you did not have the right to sell, you agree for Telstra to charge the amount previously credited to your Telstra mobile account, as applicable, to you.
6. EXCLUSION FROM TRADE-IN PROGRAM
6.1 Assurant, or Telstra acting as the agent of Assurant in connection with the Program, may preclude you from participating in the Program, if at any time Assurant or Telstra reasonably believe that you:
are using the Program, whether intentionally or not, in a way that may adversely impact the reputation of Assurant or the Assurant brand, or of Telstra or the Telstra brand;
are using the Program in a manner which is, or is reasonably believed to be fraudulent, illegal, or related to any criminal activity;
have breached any of these Terms and Conditions; or
have provided us with incorrect, false or incomplete information.
6.2 If Assurant is notified or suspects that the Device is lost or stolen, Assurant may request further proof of ownership, such as receipts, tax invoices or carrier receipts. Assurant may also request that you provide any additional documents or information required by law. In the event that there is (in Assurant’s opinion) insufficient proof of ownership, the Device shall be dealt with in accordance with the relevant law which may include, the Device being returned to you, or the Device being provided to the relevant authorities and in these circumstances Telstra reserves its right charge to reverse any trade-in credit previous applied to your Telstra mobile account.
7. TRANSFER OF TITLE
7.1 By entering into this agreement you agree that full legal title (ownership) of your Device will transfer from you to Assurant when you surrender your Device to Telstra either via the Telstra Retail Store or through Australia Post, and when the trade-in eligibility requirements have been complied with.
7.2 Until you surrender your Device to Assurant either via the Telstra Retail Store or through Australia Post, you still own the Device. Title will transfer from you to Assurant upon receipt by us of your Device in New South Wales.
7.3 Once you have surrendered your Device, you cannot cancel the trade-in transaction, and your Device cannot be returned to you unless Assurant is required to do so by law in accordance with the Pawnbrokers and Second-hand Dealers Act 1996 (NSW).
8. REMOVAL OF PERSONAL INFORMATION AND DATA FROM DEVICE
8.1 Before sending your Device to Assurant you are responsible for:
backing up all personal and confidential information and data which you have stored on your Device on to another device;
removing the SIM card or any accessories in or on your Device. Any SIM cards or accessories received by us will not be returned to you and will be securely destroyed; deleting all personal and confidential information and data on your Device;
ensuring that all accounts have been deactivated and restored the Device to factory settings; and
disabling all activation or device locking features (eg Find My, Google, Android, DEP or iCloud) or any other lock which prevents the Device from being fully restored. Failure to unlock the Device may result in the Device being ineligible for trade-in and charge back of the payment associated with your trade-in Device.
8.2 If any personal and confidential information and data and/or SIM card have not been deleted or removed from your Device, you authorise Assurant to delete all personal and confidential information and data, and remove and destroy any SIM card left in the traded-in Device, and perform a factory reset and data wipe on the Device.
8.3 Assurant accepts no responsibility or liability in relation to the security, protection, confidentiality or use of any personal information or data which is stored on the Device and/or SIM card that you have traded in.
8.4 Assurant accepts no responsibility or liability to you or any other person for any direct or indirect loss or damage of any kind, caused by, connected to, or arising in any way from the loss or deletion of any personal and confidential information and data remaining on the Device which you failed to remove under the Program, or which arises as a result of Assurant destroying or removing the personal and confidential information and data from the Device.
9. IDENTIFICATION
9.1 Assurant is a licensed second-hand dealer. To comply with our obligations under the Secondhand Dealers Act, we are required to obtain proof of identity by obtaining authorised identification from every person that sells Devices to us. If you are unable to meet the authorised identification requirements, you cannot participate in the Program. Your personal information will only be used for complying with the Secondhand Dealers Act or other legislative requirements.
9.2 Assurant reserves the right to contact you or, if you are a business, your authorised representative and ask for further proof of identity, for example if the copy of the proof of identity received by Assurant is not legible.
9.3 If you are a business participating in the Program, your authorised representative may be required to supply documentary evidence issued by the government or statutory authority of a state, territory or the commonwealth of your ABN.
10. PRIVACY
10.1 Assurant respects your right to privacy and does not jeopardise in any way personal information that is given to us. By participating in the Program, you consent to Assurant collecting, dealing, using, storing and / or disclosing your Personal Information in accordance with our privacy policy and our obligations under the Privacy Act 2020. A copy of our privacy policy is available at Privacy Policy.
10.2 Any information collected by Telstra will be used and disclosed on the terms and for the purposes (including marketing) set out in the Telstra’s Privacy Statement available by calling 1800 039 059, or by visiting www.telstra.com.au/privacy/privacy_statement.html . Telstra and Assurant may exchange information for the purpose of Assurant providing the Program to you.
10.3 You acknowledge that all personal information you provide to Assurant under this Program including but not limited to your name, contact details, email address, contact phone number, the IMEI number of the Device and identification documents (required under the Secondhand Dealers Act) will be used by Assurant solely for the purposes of completing your trade-in and complying with applicable laws including second-hand dealer laws and police checks. You further acknowledge that your personal information, along with details of the Device, may be submitted to the Police data system for verification purposes and to assist with checks for lost or stolen property.
11. GENERAL
11.1 Assurant may amend these Terms and Conditions from time to time by posting a new version on the Trade-In Application. You should review these Terms and Conditions every time you participate in the Program to confirm if there are any new or different terms compared to the last version you have reviewed. The Terms and Conditions in force at the time for your Device trade-in will form the agreement between you and Assurant.
11.2 You may not assign or attempt to assign any of your rights or obligations hereunder.
11.3 If a provision of these Terms and Conditions is invalid or unenforceable, it may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions continue in force.
11.4 No party to these Terms and Conditions will be in default or breach of these Terms and Conditions to the extent they are prevented or otherwise are unable to perform its obligations under these Terms and Conditions as a result of the effects of any force majeure event, including, without limitation, an act of God, fire, natural disaster, accident, riots, terrorism, threats of terrorism, act of government, or any other cause beyond the reasonable control of such party.
11.5 If you have any queries, complaints, or feedback in respect of this Program, please contact our Customer Service Team at consumer.tradein@assurant.com .
12. GOVERNING LAW
12.1 These Terms and Conditions will be governed by and construed by the laws of the State of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of New South Wales.