Samsung Galaxy Forever Program: Terms and Conditions

1. Introduction

1.1

The Samsung Galaxy Forever Program (“Program”) is coordinated by Samsung Malaysia Electronics (SME) Sdn Bhd [Company No. 200301026766(629186-D)] (“Samsung”). The terms and conditions herein and the Privacy Policy as mentioned below (“Terms and Conditions”) will be construed as the terms and conditions of this Program in which Samsung offers you (“Customer”) to and use of this site for the purposes of this Program.

1.2

The sales transaction in the Program is between the Participating Stores (as defined below) and Customer. Samsung only provides the recommended retail price (“RRP”) and/or guidance on this site.

1.3

Customer agrees to comply with all of the above when accessing or using this site. The scope of these Terms and Conditions is limited to Samsung’s role of hosting this site and coordinating the Program only. For actual fulfilment i.e. trade-in/upgrade transaction, the relevant terms and conditions of Remobie Technologies Sdn Bhd or any other fulfilment party appointed by Samsung (“Fulfilment Party”) will apply.

2. Program Period

2.1

The Program will run from 31 July 2024, 12.00 a.m. to 31 December 2025, 11.59 p.m. (“Program Period”).

2.2

Samsung reserves the right to shorten, extend or cancel the Program Period at its sole discretion without prior notice.

3. Eligibility

3.1

The Program is open to all Malaysian citizens and residents of Malaysia of 18 years and above (as of 31 July 2024).

3.2

Eligible Customers are as defined hereinunder in relation to the Program.

3.3

The trade-in/upgrade transaction under the Program can only be done at participating Samsung Experience Stores (“Device Upgrade Participating Stores”). Please visit https://www.samsung.com/my/offer/galaxyforever for a list of Device Upgrade Participating Stores and coverage area.

4. Participating Stores

4.1

Customer who buy eligible models from the following participating stores (“Dealer”) are eligible to enrol/register for the Galaxy Forever Program:

5. Program Mechanism

5.1

Customer who purchased eligible device(s) as set out in section 4 of the appendix (“Participating Models”) from the Dealer during the sign-up period in section 2 of the appendix (“Sign-Up Period”) and fit/comply with the special condition(s) set out in section 3 of the appendix (if any) (“Special Condition”) are eligible to enrol/register for the Program.

5.2 Steps to enrol/register for the Program:

5.3

Eligible Customers who successfully enrolled/registered for the Program are eligible to get guaranteed residual value as set out in section 5 of the appendix (“Guaranteed Residual Value”) when eligible Customers upgrade their Existing Device per the upgrade journey in paragraph 5.4 below:

5.4 Upgrade Journey:

The Guaranteed Residual Value shall be utilised for the purpose of purchasing the Next Galaxy Device.

Note:
[1] Personal device locks (PIN, passcode, fingerprint, facial) and accounts must be deleted before the handover.
[2] The trade-in/sale of the Existing Device to the Fulfilment Party including the crediting of the Guaranteed Residual Value are strictly between the eligible Customer and Fulfilment Party and subject to the Fulfilment Party’s terms and conditions.

5.5 Minimum Device Condition

During the upgrade journey, the Existing Device shall be assessed (including functional and physical assessments). The Existing Device that do not meet the Minimum Device Conditions details below will not eligible for the Program:

5.6

By providing your personal information including name, contact numbers, email address and other information to Samsung, Samsung can use and/or disclose to Fulfilment Party for the purposes of fulfilment under this Program.

5.7

Samsung will not be responsible for the fulfilment/trade-in transaction between the Fulfilment Party and Customer. The trade-in subject to the Fulfilment Party’s terms and conditions which the Customer shall adhere to. Samsung is merely acting as the coordinator for the trade-in transaction.

5.8

Official replacement devices (e.g. warranty claim) with official documentation are eligible for the Program.

5.9

Eligible Customers shall ensure that all customer data backup is completed and their SIM card is removed from the Existing Device prior to the handover to the Fulfilment Party through the Device Upgrade Participating Stores. Upon such handover, the data in the Existing Device shall be deemed as deleted/lost and cannot be recovered/restored. Samsung, the Device Upgrade Participating Stores and the Fulfilment Party shall not be held liable for any loss including personal data arising from the Program.

5.10

The final payment for the Next Galaxy Device to be made by the Customer will depend on the Next Galaxy Device purchased and the Existing Device traded-in.

5.11

Actual promotion availability is subject to the respective Device Upgrade Participating Stores. Customer is advised to check with point of sales to confirm the promotion type and/or availability of the Program.

5.12

Samsung reserves the right to suspend, terminate, cancel, vary and revise the Program at its soles discretion anytime without any prior notice.

6. Payment

6.1

Customer acknowledges, understands and agrees that all transactions are between Customer and the Device Upgrade Participating Stores and/or Fulfilment Partner only. Samsung only acts as the coordinating party and is not involved or a party of any monetary/sale and purchase of this order transaction.

6.2

Customer is not allowed to cancel the order, change the selected device colour or model, or the selected outlet once Customer has successfully completed and confirmed the transaction.

7. Customer's Covenants

7.1

In connection to this Program, Customer will not use the site:

• To submit fraudulent order, false, inaccurate, misleading, defamatory, or libelous information;
• To distribute viruses or any other technologies that may harm Samsung, or the interests or property of other users;
• To export the unit purchased except in compliance with the export control laws of relevant jurisdictions and in accordance with posted rules and restrictions;

7.4

In the event if Samsung suspects or discovers that the Customer is abusing this Program and/or Samsung in any of the ways mentioned above or otherwise, Samsung may, at our sole discretion, take necessary steps to prevent and mitigate such abuse such as limiting, suspending, or terminating the Customer's user account(s) and access to the site, delaying or removing hosted content, removing any special status associated with Customer account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent Customer from using this site.

8. Limitation of Liability

8.1

Samsung uses its reasonable effort to keep its site safe, secure, and functioning properly, but Samsung does not guarantee the continuous operation of or access to this site.

8.2

Customer agrees that he/she is making use of this site at his/her own risk, and that it is being provided to Consumer on an "AS IS" and "AS AVAILABLE" basis.

8.3

To the extent permitted by applicable law, Samsung excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.4

Customer shall assume full responsibility in case of any accident, damage or claim resulting from participating in this Program.

8.5

Customer shall be deemed to be able to perform legally binding contract upon his/her submission of the order and there shall not be any refund or costs whatsoever arising from his/her violation of the minimum age stated herein.

8.6

Warranty of the Promotional Product is subject to standard product warranty coverage as per terms and conditions stated in the official corporate website at http://www.samsung.com/my/support/warranty. Customer is advised to check the website from time to time and stay informed for any changes on the terms and conditions of the warranty.

9. General

9.1

In the event Customer has queries with regard to this Program; please call Samsung Consumer Service at 1-800-88-9999.

9.2

By participating in this Program, Customer fully and unconditionally agrees to and accepts the Terms and Conditions stated herein and the decisions of Samsung on every aspect of this Program shall be final and binding.

9.3

Unless otherwise stated, this Program is not valid in conjunction with other promotions, vouchers or discounts.

9.4

All pictures and/or images found in any advertising and marketing materials of this Promotions are for illustration purposes only and actual item or colour may vary.

9.5

The indicated price is Recommended Retail Price (RRP). Both RRP and promo RRP (if any) are subject to change without prior notice.

9.6

Product display sets purchases, B2B purchases, staff purchases, EPP purchases, Customer Retention Program (CRP) purchase are not eligible for this Program.

9.7

Samsung reserves the right to amend these Terms and Conditions without prior notice to the extent permitted by law. Changes to the Terms and Conditions shall become effective as soon as they are displayed in Samsung's website.

9.8

In the event of any electronic, computer, operational and/or technical error affecting the details or pricing or quantity of the product or any promotion on the website, Samsung or Dealer reserves the absolute rights to rectify such error and/or cancel any transaction which has been entered into in reliance of the said error.

9.9

Samsung shall not be liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Program.

9.10

By participating in this Program, Customer agrees to release and hold Samsung and its employees, officers, directors, shareholders, agents, representatives, parent companies, affiliates, subsidiaries, licensees, advertising, promotion, and fulfilment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Program including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

9.11

In case of any dispute, Samsung reserves the right to make the final decision. Samsung’s decision is final and no further correspondence or appeal will be entertained.

9.12

During the Program Period, Samsung may collect consumers information including personal information in the form of, among others, survey forms, (whether on our own or by appointed service provided) taken during the Program. By participating in the Program, you agree that the collection of such information will be processed, handled and use in accordance with the Samsung Privacy Policy at http://www.samsung.com/my/info/privacy.html.

9.13

In the event of inconsistencies between the Terms and Conditions found elsewhere with regard to this Program (if any) and the Terms and Conditions herein, the latter shall prevail.

9.14

The Terms and Conditions of the Program shall be governed by and interpreted in accordance with Malaysian law and the parties submit to the exclusive jurisdiction of the Malaysian courts.

Appendix 1

Table 1:

¹ Appendix 1 shall be read together with the terms and conditions of the Samsung Galaxy Forever Program at https://www.samsung.com/my/offer/galaxy-forever/.

Appendix 2

Table 1:

² Appendix 2 shall be read together with the terms and conditions of the Samsung Galaxy Forever Program at https://www.samsung.com/my/offer/galaxy-forever/.

Appendix 3

Table 1

³ Appendix 3 shall be read together with the terms and conditions of the Samsung Galaxy Forever Program at https://www.samsung.com/my/offer/galaxy-forever/.