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The Telcel Phone Store is ONLY A VENUE which acts as an online marketplace for you to find and transact with merchants of cell phones. Telcel is not a party to any transactions you may make with a merchant listed in the phone store. Telcel does not have any responsibility for, or liability related to any products or services bought through external vendors. You should direct any questions , complaints, or claims related to any product or service to the appropriate seller. Telcel does not endorse, warrant or guarantee the products or services of any seller.
TELCEL AMÉRICA TERMS AND CONDITIONS OF SERVICE
I. General Terms and Conditions for Telcel América Wireless Service
II. Additional Terms and Conditions for Telcel América Home Phone
III. Telcel América Limited Warranty
IV. Telcel América Unlocking Policy
I. GENERAL TERMS AND CONDITIONS FOR TELCEL AMÉRICA WIRELESS SERVICE
Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and Telcel América. Telcel América is a brand of TracFone Wireless, Inc.
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 15 BELOW.
By purchasing, activating, or using any Telcel América product (“Product”) or service (“Service”), you the customer (“You”) acknowledge and agree to these Terms and Conditions of Service. Telcel América reserves the right to change or modify these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at telcelamerica.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current version.
For assistance or more information, please contact Telcel América Customer Care at 1-800-220-9518.
1. ACTIVATING AND USING YOUR TELCEL AMÉRICA SERVICE
To use Telcel América Service, you must activate a Telcel América branded wireless phone or a Telcel América SIM card for use with your own compatible wireless phone. You may activate your Service by visiting the Telcel América website at telcelamerica.com or by calling Customer Care from a phone other than the phone you are activating. If you have purchased a Telcel América SIM card for use with your own compatible phone, follow the instructions that came with the SIM card.
When you activate your Service and establish an account (“Account”), you will have the option of registering with us and providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a Court order. Upon activation of your Telcel América branded phone, you should retain your activation card that includes the IMEI/MEID DEC for your phone and SIM number for the SIM card associated with your phone for future reference. You will need both your IMEI/MEID DEC and SIM card number in the event you need to reactivate your phone for any reason.
Telcel América Service can only be activated where Telcel América Service is offered and supported by Telcel América. Telcel América provides Service at its discretion. Some of the functions and features referenced in the Manufacturer’s manual provided with your phone may not be available with Telcel América Service or their functionality may be limited. Some Telcel América features are available only on Telcel América branded phones and may not be available if you bring your own wireless phone. All talk and standby times are quoted in Digital Mode and are approximate.
Telcel América may, at any time and without prior notice to you, modify, cancel and/or deactivate your Service and/or take other corrective action, for any reason in Telcel América’s sole discretion including, but not limited to, your violation of any one or more of these Terms and Conditions of Service. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation.
If you are using your own compatible phone with a Telcel América SIM card, it must be compatible with Telcel América Service and it must comply with all applicable laws, rules and regulations. Devices used exclusively for or capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your service without a refund. You are responsible for the purchase and maintenance of any additional hardware or software required to use the Service. Not all Service features and functionality are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.
The wireless telecommunications networks used to transmit calls for the Telcel América Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Telcel América. When you activate your Telcel América Service, you will be provided with telephone number or you may transfer or port-in your existing telephone number from another carrier. In certain instances, you may not be able to transfer or port-in your existing phone number. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service (including any number you may port-in from another carrier) and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice to you.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement (which will terminate the provision of Service) at any time. Any unused Service at the time of termination will not be refunded. Telcel América may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt or terminate your Service without notice for any conduct that we believe violates this Agreement including, without limitation, if you behave in an abusive, harassing, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Service for an unlawful purpose or in a way that may adversely affect our Service, or if you engage in any deceptive or unfair conduct with respect to your Telcel América phone and/or Service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Telcel América branded phones and SIM Cards.
3. TELCEL AMÉRICA SERVICE PLANS
Your Telcel América Service will only operate after you have purchased and redeemed a service plan (“Service Plan”) and so long as you have Service Days left on your plan cycle. Please visit our website at telcelamerica.com for the latest information regarding our Service Plans.
Telcel América Service Plans provide unlimited nationwide calling and text messaging, international long distance calling to Mexico, Claro Guatemala customers, and other select destinations, and if applicable, a fixed amount of high speed data at 4G** speeds for each plan cycle depending on which you Service Plan you select. After your high speed data threshold is reached, your data speed will be reduced to as low as 64 kbps for the remainder of your plan cycle. Your high speed data will be restored once your next plan cycle begins unless you purchase a new Service Plan prior to the start of your next plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. For more information regarding international long distance calling please see section 6 below.
**4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speed may vary.
Data transmitted over Wi-Fi does not count against your data usage. To preserve your access to data, you may sign into Wi-Fi whenever possible, but recognize that some Wi-Fi locations may not be secure. You may use certain mobile apps to help find open networks and to keep track of your data usage. Actual availability, coverage, and data speeds of Wi-Fi networks may vary.
Refilling Your Account Before Service End Date : Your Service End Date is the last day of your Service Plan cycle. Each Telcel América Service Plan comes with a specified amount of Service Days as disclosed at the time of purchase. Service Days have no cash value and do not accumulate. Service begins on the day you redeem a Service Plan or, if a Service Plan is placed in your Reserve, on your Service End Date. When you redeem a new Service Plan, you will lose any unused voice, text, and data balances (including any remaining Service days) and your Service End Date will be reset based on the number of Service Days of your plan cycle. If you fail to purchase and redeem a Service Plan prior to your Service End Date, your Telcel América Service will be deactivated on the Service End Date, you will lose all unused voice, text, or data services, and you may lose your telephone number. To prevent this from occurring, please keep your Telcel América Service active by redeeming a Service Plan before your Service End Date.
Some Telcel América branded phones may not display your Service End Date. You can find your Service End Date by visiting telcelamerica.com/checkbalance. If you change your phone number or redeem a Service Plan prior to your Service End Date, you will lose any unused Service balances. If you notify us that your phone is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred.
If your Service is deactivated for failure to redeem a Service Plan before your Service End Date, you will need to provide Customer Care your phone’s IMEI/MEID DEC number in order to reactivate your service. If you have a phone with a prepaid engine, you can add an airtime card from this prepaid area. The prepaid engine is accessible from your phone display. Select the menu option and a selection titled “Prepaid” will display. You may add an airtime pin by selecting “Add Airtime” and following the prompts. This feature may not be available in all phone models.
No refunds or discounts will be given for (1) unused Service balances when you refill your account and your Services balance is reset with your Service Plan refill; (2) unused Service balances that expire by your Service End Date; (3) unused Service balances if your phone is lost or stolen; or (4) Services purchased that are not compatible or supported by your Telcel América phone. Customers whose phones are not data-enabled or that cannot use Mobile Web Access will not receive a discount or refund for the unused service. You may refill your Telcel América Service as follows:
Telcel América Reserve: With Telcel América Reserve, you may purchase and add one or more Service Plans to your Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your Reserve at any time through “My Account.” All Service Plans you redeem are automatically added to your Reserve to be applied at your Service End Date. If you are an Auto-Refill customer and add a Service Plan to your Telcel América Reserve, the Service Plan in your Reserve will take precedence over Auto Refill and it will be applied to your Account before an Auto-Refill purchase is processed.
Telcel América Auto-Refill: You may enroll in Auto-Refill to purchase a new Service Plan by registering your credit or debit card online at telcelamerica.com/autorefill and selecting a Service Plan. With Auto-Refill, a new Service Plan will be automatically purchased and added to your Account each month on your Service End Date and your credit or debit card will automatically incur a monthly charge for the cost of the Service Plan you elect to purchase on a recurring basis. Please note that your Auto-Refill is determined by the last Service Plan you have added to your Telcel América phone. To change this, you must call Customer Service and speak with one of our Customer Care representatives. If you have any Service Plans in your Reserve, those Service Plans will be applied first before an Auto-Refill purchase is processed. Once you have used all Service Plans in your Reserve, the Auto-Refill purchases will resume.
4. INTERNATIONAL LONG DISTANCE CALLING
Telcel América Service Plans include international long distance calling (“ILD Service”) to Mexico, Claro Guatemala customers, and other select destinations for the number of service days stated in the plan. Some Service Plans may include unlimited international long distance calling to select landline destinations as well as text messaging to select destinations. For the latest information regarding our Service Plans please visit our website.
Service Plans that provide ILD Service are subject to certain limitations. Each mobile phone will be allowed to call up to 15 unique destination numbers per 30-day period. These unique destination numbers automatically reset when the Account is renewed each service period. All phone models also allow international text messaging to Mexico, as well as to other destinations. The service will not allow you to place calls to all destinations or to all countries. The service excludes calls to higher cost cellular, non-geographic and premium numbers. The destinations which are available may change without notice at any time. The International Plans are not a substitute for regular international calling services. The International Plans exclude certain call types such as calls to non-geographic and premium numbers. In order to determine if your destination of choice is available on the service, you may check our website at telcelamerica.com/unlimitedinternational.
IMPORTANT NOTICE REGARDING INTERNATIONAL PLANS: Each Plan comes with a certain amount of minutes that will allow you to make calls to cellular phones in Mexico or to Claro Guatemala customers. These minutes are limited according to the Plan you purchase and activate. Calls to Guatemala can only be completed if the destination number is a Claro Guatemala number. For questions please call Customer Care at 1-800-220-9518.
EXTENDED NATION SERVICE PLANS: Include a fixed amount of high speed data per 7 or 30 day cycle as set forth in the Plan descriptions available online. If you reach the high speed data threshold, your data speed will be reduced for the remainder of the 7 or 30 day cycle. High speed data is restored once a new service plan is redeemed. Plans include Unlimited Talk and Text in the U.S and Mexico (landlines or cellular), Unlimited data starting at 2 GB up to 10 GB (depending on the plan selected) roaming in the US and Mexico, and international voice calls to selected cellular and landlines.
In addition to the benefits identified above, Telcel America’s Extended Nation Service Plans include international roaming in Mexico at no additional charge. These International Plans allow you to use data and make calls to Mexico, the US and other international destinations while roaming in Mexico subject to certain limitations. Please visit our website for more information about the amount of minutes and data provided under these plans while roaming in Mexico. Data used while roaming in Mexico counts towards your allotment of high speed data in the US. Available destinations are subject to change without prior notice. Plans that offer international roaming are only available on GSM handsets supported by Telcel America on the T-Mobile network.
Destinations you may call using your International Plans: You can verify that the international destination you want to call is covered using the destination lookup found at telcelamerica.com/unlimitedinternational or text the COUNTRY CODE + CITY CODE + PHONE NUMBER TO 70257 (STANDARD TEXT MESSAGE RATES APPLY).
In order to place an international call, you need to dial the access number: 415-655-0992. For most countries enter 011 + Country Code + City Code + Phone Number. For calls to Canada or the Caribbean, enter 1 + Area Code + Phone Number. If you attempt to dial direct to place an international call, your service will be deactivated.
If you want to call a destination or telephone number not covered under Telcel América’s International Plans, you may purchase a prepaid international $10 Global calling card by visiting our website. The mobile phone number you provide when purchasing the $10 Global Card will be the service line that is permitted to dial internationally. You are responsible for preventing the unauthorized use of your account and the Service, and you are responsible for any reduction in value of your account arising out of either authorized or unauthorized use. The airtime on your $10 Global Card will expire after 180 days of non-use or after 30 days of inactive Telcel América Service.
If you are using a $10 Global Card, the rates to specific countries, regions or cities are available at telcelamerica.com/unlimitedinternational. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Minutes will be deducted from your airtime balance for every minute the call connects to the international calling system regardless of whether or not the call is successfully completed abroad. Minutes will be deducted for dropped calls, misdialed numbers and busy destination numbers from the moment the call is attempted (when you press the “Send” button on your phone). Telcel América will not credit airtime minutes that are deducted as a result of unsuccessful attempts to call international destinations. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call. There are no additional fees or surcharges associated with this service.
Service may be provided by other carriers, many of whom Telcel América may not have a direct contractual relationship with, or service level agreement. Service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
International Plans are intended for live dialogue between two individuals for personal use. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. The service is not for commercial use or resale. Loaning or renting your phone or SIM Card with the International Plans to other persons for their use or calling, hosting, establishing or maintaining a Chat Line is not considered personal use.
We will presume certain usage, dialing, or calling patterns to indicate that you are not using the International Plans for your personal use or that you are otherwise using the International Plans in violation of these Terms and we reserve the right to suspend, terminate or restrict your services with no prior notice. If we suspend your service for violating these Terms and you believe that we are in error, you may contact Customer Service and depending on the circumstances, we may reactivate your Service. If, however, you continue usage, dialing or calling patterns that we deem non-personal use in violation of these terms and conditions, we reserve the right to permanently suspend, terminate or restrict your Services with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
You agree not to use the Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with Our ability to provide the Service to You or to other customers; or (2) violates applicable law or these Terms; or (3) avoids Your obligation to pay for the Service; or (4) is not for consumer use. You agree not to resell the Service (whether for profit or otherwise) or to use the Service for any unlawful or abusive purpose or in such a way as to create damage or risk to Our business, reputation, employees, facilities, third parties or to the public generally.
Refund and Credit Policy : Telcel América is committed to delivering high quality service to our customers every day. However, circumstances beyond our control may result in occasional disruptions in service. Telcel América will not issue refunds or credit for any disruption in service. Telcel América will not credit or refund services as a result of unsuccessful attempts to call international destinations. Telcel America will not be responsible for any costs incurred by the Consumer, including cell phone provider charges, in the event the Consumer incorrectly uses the Service or uses the Service for any unlawful purpose.
5. TEXT MESSAGING
Telcel América does not participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than Telcel América. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is a Telcel América authorized campaign. Any charges you may incur as a result of an attempt to participate in Premium PSMS services or campaigns (not authorized by Telcel América) are not refundable.
6. MOBILE WEB SERVICES
With certain Telcel América phone models, you can access Mobile Web Services and purchase ringtones, graphics and applications from the Telcel América Mobile Web Shop and from other third party websites (purchased ringtones, graphics and applications are collectively referred to as “Web Content”).
Data transmitted over Wi-Fi does not count against your data usage. To preserve your high speed data, you can sign into Wi-Fi whenever possible including at home, in the office, or free public locations such as coffee shops, restaurants, grocery stores, and universities – but recognize that public Wi-Fi locations may not be secure. Apps like Wi-Fi Finder, available from the Google Play Store, can help you find open networks. Additionally, Apps such as My Data Manager can help you keep track of your Wi-Fi and cellular data usage.
Accessing Mobile Web Services and Purchasing Web Content : Any Web Content you buy and download may only be used or viewed on the Telcel América phone for which the Web Content was purchased and cannot be transferred to any other device, including a new or replacement Telcel América phone. Web Content purchases are non-refundable and non-transferable.
Availability, Interruptions and Discontinuation of Mobile Web Service : Telcel América does not guarantee the availability of Mobile Web Service in your network coverage area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Mobile Web Service, or portions thereof, without notice. Mobile Web Service is not available outside of your coverage area. Telcel América is not responsible and will not be liable for any modifications, interruptions or discontinuation of Mobile Web Service or for your failure to receive any purchased Web Content. If Mobile Web Service, or any part thereof, is modified, interrupted, discontinued or cancelled, Telcel América will NOT issue any refunds or reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a web download, subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, Mobile Web Access usage may nevertheless be deducted. If the Telcel América Mobile Web Services are unavailable and you have opened your browser, you will be deducted usage even though you will not be able to view or utilize the Mobile Web Service.
Telcel América Mobile Web Service is provided on an “AS IS” and “AS AVAILABLE” basis. Telcel América does not warrant that the Mobile Web Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Mobile Web Service. You expressly agree and acknowledge that the use of the Mobile Web Service is at your sole risk and that you may be exposed to content from various sources that may be harmful or malicious.
Information on Phones : Your Phone may contain sensitive or personal information. Telcel América is not responsible for any information on your phone, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data and photographs when your phone is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your phone. By submitting your phone to us, you agree that our employees, contractors or vendors may access all of the information on your phone.
Non-Rated Content : Telcel América strives to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. Telcel América data content is NOT rated or filtered. and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Telcel América liable for any offensive or objectionable content.
Telcel América Mobile Web Service is for individual use only and may not be offered for resale. Telcel América reserves the right to take measures to protect the Carriers’ networks and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using the Telcel América Service and/or Mobile Web Services in a manner that adversely impacts the Carriers’ networks. We may monitor compliance with these Terms and Conditions.
Telcel América Service is not intended for use by children. In the event that you, as a legal guardian allow your child to use the Services, you acknowledge that your child has the permission to access the Telcel América Mobile Web Service, including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the Telcel América Mobile Web Service is appropriate for your child. Availability and reliability of Telcel América Mobile Web Services is subject to transmission limitations, and your actual device speed may vary from time to time. Not all websites will be available. Access to certain websites may be blocked or unavailable due to network carrier or other restrictions.
7. UNLIMITED PLANS INTENDED USE
Telcel América Unlimited Plans may only be used for the following purposes: (a) person to person voice calls (b) text and picture messaging and (c) internet browsing and ordinary content downloads. Unlimited Plans may not be used for certain unauthorized uses that adversely impact our Service. Examples of unauthorized uses include, without limitation, the following: (i) continuous uninterrupted mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) tethering other devices to your Telcel América phone and/or the continuous uploading, downloading or streaming of uninterrupted continuous video (iv) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. A person engaged in any unauthorized use may have his/her service throttled and/or terminated. Customers will be provided notice and an opportunity to take corrective action with respect to unauthorized uses before their service is terminated.
Unlimited voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls. Telcel América reserves the right to cancel or deactivate service, and/or reduce data throughput in order to protect the Carriers’ network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of Telcel América service. Telcel América reserves the right to limit or reduce data throughput speeds or the amount of data transferred, and to deny or terminate Service to anyone Telcel América believes is using the Service in an unauthorized manner or whose usage, in Telcel América’s sole discretion, adversely impacts the Carrier’s network or customer service levels. Telcel América will presume you are engaging in an unauthorized use in violation of these Terms if in Telcel América’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or Mobile Web usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, at our sole discretion, that you are using the Service in violation of these Terms, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, terminate or reduce the speed of data connection throughput, Mobile Web Access or terminate your service, decline to renew your service, or offer you a different service plan with no unlimited usage component.
Telcel América may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of Telcel América: (1) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Telcel América customers or (2) may be harmful, disruptive, or interfere with the Carrier’s network, Telcel América’s service or the Carrier’s ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to Telcel América’s right to terminate your Service under these circumstances.
Telcel América may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
TELCEL AMÉRICA UNLIMITED PLANS CANNOT BE USED FOR: (1) access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all Hotspot applications), (2) any applications that tether your phone to a laptop or personal computer other than for the use of Wireless Sync, or (3) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers.
8. SERVICE AREA MAPS
You will find Service Area Maps on our website. These maps are for general informational purposes only and depict the general coverage area of Telcel América. Telcel América does not guarantee coverage or Service availability and the Service Area Maps are not a guarantee of coverage. Coverage is not available everywhere. The Service Area Maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower Mobile Web Service and data speeds or no Mobile Web Service or data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Telcel América coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the Telcel América plan you select. Telcel América is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Roaming occurs when a subscriber of one wireless service provider uses the network facilities of another wireless service provider. Roaming usually occurs when a subscriber places or receives a call while outside of the network coverage area of their wireless service provider.
Service on the CDMA Network . If your Telcel América Service is on the CDM A network, your Telcel América phone will not roam when you are outside of the Telcel América CDMA network coverage area.
Service on the GSM Network . If your Telcel América Service is on the GSM network, your Telcel América Wireless phone may roam when you are outside of the Telcel América GSM network coverage area. When your Telcel América GSM phone is roaming, Voice and SMS messaging will continue to be available to you at no additional charge. Mobile Web Services access will not be available while you are roaming outside of the Telcel América GSM Network coverage area. When your GSM Telcel América Phone is roaming, an indicator light on your handset may display the word “Roam” or “RM” on the screen while the phone is not in use.
International Roaming Is Strictly Prohibited . Telcel América does not offer international roaming unless you purchase a plan that allows for international roaming in Mexico only. Without international roaming, you will not be able to make or receive calls on your Telcel América phone if you are traveling outside of the United States. Any attempt to place or receive a call on your Telcel América phone while traveling outside of the United States could result is service deactivation and account termination without a refund for unused service.
10. EMERGENCY CALLS
If you are in an area where your Telcel América phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Telcel América phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
11. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Telcel América’s control. Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. Mobile Web Services are available only while the subscriber is in the Telcel América CDMA coverage area (if on the CDMA network) or the GSM network coverage area (if on the GSM network). Telcel América reserves the right to substitute and/or replace any Telcel América equipment (including phones) with other Telcel América equipment including phones of comparable quality. Some functions and features referenced in the Manufacturer’s manual for a particular phone model may not be available on your Telcel América phone. Telcel América does not warrant or guarantee availability of the network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither Telcel América, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your Telcel América phone outside during a lightning storm. You should also unplug the power cord and charger when not in use and/or during a lightning storm in order to avoid electrical shock and/or fire.
12. UNAUTHORIZED USAGE OR RESALE
Telcel América Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Telcel América Product constitutes a violation of your agreement with Telcel América and will invalidate the Limited Warranty associated with your Product. You agree not to unlock, reflash, tamper with or alter your Telcel América Product in a manner which conflicts with Telcel América’s Unlocking Policy referenced in Section IV below. You also agree not to enter unauthorized Service Plan PINs or engage in any other unauthorized or illegal use of your Telcel América Product or the Service, or assist others in such acts, or to sell and/or export Telcel América Products outside of the United States. Improper, illegal or unauthorized use of your Telcel América Product may result in immediate termination of your Service without notice and legal action. Telcel América will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law.
If your Telcel América Product has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. Any violation of the restrictions on the use of your SIM card that are contained in this section may result in the immediate termination of your service without notice. The Carriers, TracFone Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card.
In the event of termination for any other unauthorized usage, You will forfeit unused airtime and service and you will not be entitled to receive a refund for your Telcel América Product or for any unused airtime and service.
13. LIMITATION OF LIABILITY
Telcel América is not liable to you, other users of your Telcel América Service, or any third party for any failure to post, receive, process or credit a payment for your Service including, without limitation, any failure to add or credit any airtime or due date information to your Telcel América phone or for any other claim arising out of or in any way related to your Service.
Telcel América will not be liable to you for any actual, direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services or by reason of any interruption in service. Telcel América will not be liable for any act or omission of any other person or company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. In the event a Telcel América phone is returned to Telcel América for replacement or repair under warranty or returned for any other reason, Telcel América is not liable nor responsible for any unauthorized use and/or loss of voice mail, personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content on the Telcel América phone.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages you may suffer or incur resulting from: (a) anything done or not done by another person; (b) providing or failing to provide Mobile Web Services, including, but not limited to, deficiencies or problems with a phone or network coverage (for example, dropped, blocked, interrupted service, etc.); (c) traffic or other accidents, or any health-related claims relating to our service; (d) data content or information accessed while using our service; (e) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services, (g) information or communication that is blocked by a spam filter, (h) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone and to back-up your information and data stored on your phone.
IN NO EVENT SHALL TELCEL AMÉRICA, ITS EMPLOYEES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE ANY FEATURE OR FUNCTIONALITY OF TELCEL AMERICA SERVICE, EVEN IF TELCEL AMÉRICA, OR ITS RESPECTIVE LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, TELCEL AMÉRICA, ITS EMPLOYEES, LICENSORS AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree to indemnify and hold harmless Telcel América and TracFone Wireless, Inc. from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a Telcel América phone and Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
15. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-800-220-9518. Before taking any formal action, You agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, You agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, FL 33178.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF TRACFONE’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
This provision is intended to encompass all disputes or claims arising out of Your relationship with TracFone, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and TracFone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to TracFone by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TracFone’s Legal Department as set out above. You and TracFone agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and TracFone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and TracFone agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), TracFone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and TracFone in accordance with AAA Rules. Additionally, TracFone hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where Your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If TracFone made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds in Your favor in any respect with an award that is greater than the last written offer made to You by TracFone, TracFone will pay You the amount of the award or a minimum of $5,000, whichever is greater. Additionally, TracFone will pay Your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that Your attorney reasonably incurs for investigating, preparing, and pursuing Your claim. If TracFone opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $5,000 if the arbitrator finds in Your favor and that TracFone will reimburse Your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and TracFone agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless You and Tracfone agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of Your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless You and TracFone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and TracFone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor TracFone shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
In the event that any claim proceeds in a court of law rather than through arbitration, You and TracFone agree that there will not be a jury trial. You and TracFone unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and TracFone further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY CALLING US AT 1-800-220-9518 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: LEGAL DEPARTMENT-CONSUMER CLAIMS, 9700 NW 112 AVENUE, MIAMI, FL 33178 . ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
17. CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
18. ENTIRE AGREEMENT
II. ADDITIONAL TERMS AND CONDITIONS FOR TELCEL AMERICA HOME PHONE
(a) Telcel América offers home phone service for use indoors with a landline or cordless phone. You must connect your Telcel América Home Phone (“Home Phone”) to a corded or cordless phone within your home in order to use Telcel América’s Home Phone Service (“Service”).
(b) IMPORTANT 911 EMERGENCY RESPONSE INFORMATION: Your Home Phone is designed to operate indoors only. The GPS chip in your Home Phone will work best if you place it near a window or other opening to the exterior of the premises. In the event you place an emergency call to 911, you must be prepared to provide your address and exact location inside the premises. Do not rely solely on your Telcel América Home Phone in an emergency situation. Locate the nearest landline phone and call for help.
(c) If your Telcel América Home Phone is connected to a phone inside your house that requires external electric power to operate, your Service, including, but not limited to your ability to make and receive 911 calls will not be available during a power outage. Telcel América shall be liable for any service outages and/or your inability to access 911 emergency service personnel for any reason.
(d) You are responsible for assessing whether the coverage available where you place your Home Phone indoors is acceptable to you in connection with your use of the Service. Your Home Phone requires at least moderate coverage throughout the indoor premises where you are using it in order to successfully use the Service. Regardless of the coverage available, your Telcel América Home Phone is not equivalent to a traditional landline phone.
(e) Your Home Phone is not designed to operate independently through a direct connection between the Home Phone and a landline telephone wall jack. The Equipment must be connected to a landline or cordless telephone in order to operate. Do not connect any USB-based device into the USB port of your Home Phone under any circumstances. Doing so may damage the Home Phone and void the warranty. The USB port is designed for diagnostic purposes only and is not intended for customer use.
(f) You must purchase a monthly service plan (“Service Plan”) in order to activate your Service. Before you can use your Service, you must register and activate your Home Phone by visiting our website at telcelamericahomephone.com or by calling Customer Care at 1-800-220-9518 from another phone. During the activation process, you will have an opportunity to register your account. If you do not register, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or court order.
(g) HOME PHONE SERVICE PLANS: Telcel América offers an Unlimited Nationwide Calling Plan for your Home Phone that includes unlimited nationwide long distance calling and unlimited international calling to Mexico and certain select destinations. The Unlimited Nationwide Calling Plan also comes with a certain number of minutes that will allow you to make calls to cellular phones in Mexico or to Claro Guatemala customers. For more information regarding our Service Plan, including a list of available international destinations, please visit our website.
(h) Data service is not available with Telcel América’s Home Phone. Telcel América’s Home Phone is not compatible with home security systems, fax machines, DVR services, credit card machines, medical alert services or High Speed or DSL Internet services.
(i) Home Phone Service cannot be used to place certain types of calls such as collect calls, operator assisted calls and dial around calls. The Service is not available to place 500, 700, 900 or 976 calls and may not be available for certain other calls.
(j) REFILLING YOUR HOME PHONE SERVICE: Your Home Phone will only operate when your Service is active and when you have minutes and Service Days in your account. With each refill you will lose any unused minutes and Service Days in your account and your balance will reset. Minutes and Service Days have no cash value, do not accumulate, and are not refundable. No refunds or discounts will be given for unused Service balances (i) when you refill your Service; (ii) that expire by your Service End Date; or (iii) if your Home Phone is lost or stolen.
You may refill your Service as follows:
(1) Auto-Refill: You may enroll in Auto-Refill by registering your credit or accepted debit card (with Visa or MC logo) online and you will receive a recurring charge to your credit or accepted debit card on your Service End Date each month which will automatically refill your Service. If you have any Service Plans in Reserve, those Plans will be applied first, before an Auto-Refill purchase is processed. Once you have used all the Service Plans in your Reserve, the Auto-Refill purchases will resume.
(2) Service Plans: Service Plans are available at select stores and online. Service begins on the day you redeem your Service Plan and add it to your Account or, if you place a Service Plan in your Reserve, on your Service End Date. Service Plan cards do not expire except as specifically permitted by law.
(3) Telcel América Reserve: With Telcel América Reserve, you may purchase and add a Service Plan to your Reserve to be automatically applied on your Service End Date. You may access your Reserve at any time through “My Account.” All Service Plans you redeem are automatically applied on your Service End Date. If you are an Auto-Refill customer and have added a Service Plan to your Reserve, the Service Plan in your Reserve will take precedence over Auto-Refill and will be applied before an Auto Refill purchase is processed.
(k) You are responsible for all activities undertaken by anyone using your Home Phone and your Service. You agree not use or permit others to use the Service in a manner or for a purpose contrary to this Agreement.
III. TELCEL AMÉRICA LIMITED WARRANTY
A new or reconditioned Telcel América Phone is covered by a one year limited warranty administered by Telcel América as set forth below.
Telcel América accessories have a ninety (90) day limited warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from Telcel América.
A phone registered with Telcel América under the “Bring Your Own Device” program is not covered by Telcel América.
How To Obtain Warranty Service . To obtain warranty service from Telcel América on a new or reconditioned Telcel América phone or accessory purchased from Telcel América, please contact Customer Care at 1-800-220-9518. If your problem cannot be resolved over the phone, our Telcel América technicians will provide you with a Return Authorization Number, which you will use to send your phone and/or accessories to the designated Service Center for repair or replacement, at Telcel América’s option.
Terms of Limited Warranty . Telcel América warrants that your Telcel América phone or accessory (“Product”) is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:
1. The limited warranty for a new or reconditioned Telcel América Phone extends for one (1) year beginning on the date of the purchase of your new or reconditioned Telcel América Phone. The limited warranty on a Telcel América accessory extends for ninety (90) days beginning on the date of the purchase of your Telcel América accessory.
2. The limited warranty offered by Telcel América extends only to the original purchaser (“Consumer”) of the Product and is not assignable or transferable to any subsequent purchaser/end-user. The limited warranty extends only to Consumers who purchase the Product in its original packaging from an authorized dealer. Upon request from Telcel América, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
3. During the limited warranty period, Telcel América will replace or repair, at Telcel América’s sole option, any defective Products or parts (except as excluded below), or any Products or parts that will not properly operate for their intended use (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Telcel América’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Consumer returns the Product to Telcel América for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Telcel América shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
4. The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Telcel América, including damage caused by shipping.
(b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection to other products not recommended for interconnection by Telcel América.
(c) Telcel América was not advised in writing of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.
(d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.
(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.
(f) The Product is outside of the one (1) year Limited Warranty period.
5. Telcel América does not warrant uninterrupted or error-free operation of the Product or service. Telcel América cannot and does not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. If a problem develops during the limited warranty period, the Consumer shall contact Telcel América Customer Care for repair or replacement processing of the Product. Telcel América shall, at its discretion, provide a replacement product that may consist of a refurbished phone of the same model if available, or of a comparable model.
6. You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications.
7. TELCEL AMÉRICA EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE LIMITED WARRANTY SET FORTH HEREIN IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TELCEL AMÉRICA SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, SAVINGS OR REVENUE, LOSS OF DATA OR USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL OR SUBSTITUTE EQUIPMENT OR FACILITIES, INJURTY TO PROPERTY DOWNTIME, OR THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT AND/OR SERVICE OR ARISING FROM BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF TELCEL AMÉRICA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. TELCEL AMÉRICA SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES AND OTHER CONTENT.
8. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from state to state.
9. Telcel América neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.
10. This is the entire warranty between Telcel América and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
This limited warranty allocates the risk of failure of the Product between the Consumer and Telcel América. The allocation is recognized by the Consumer and is reflected in the purchase price.
IV. TELCEL AMÉRICA UNLOCKING POLICY
For Customers with Telcel América Handsets Capable of Being Unlocked : Telcel América will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(a) Customers must request handset unlocking. Telcel América will unlock handsets of current and former Telcel América customers without charge. Non-former customers may request unlocking, but Telcel América may charge a reasonable fee.
(b) The Telcel América Handset must have been activated on Telcel América Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.
(c) Customers must possess a Telcel América Handset that is not reported stolen, lost, or associated with fraudulent activity.
(d) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Telcel América will honor that customer’s unlocking request.
Telcel América may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Telcel América or its customers. Telcel América’s Unlocking Policy is subject to change at any time without advance notice.
For Customers with Telcel América Handsets not Capable of Being Unlocked : Beginning September 1, 2015, Telcel América will provide customers with a partial refund or credit against the purchase of a new Telcel América Handset if they meet the following conditions:
(a) Customers must request handset unlocking.
(b) Customers must have had their locked device activated on Telcel América Service for no fewer than 12 months, redeemed air time cards in no fewer than 12 months, and not have had their telephone number recycled or ported.
(c) Customers must request this interim unlocking solution while their Telcel América Service is active or within 60 days after their Service expires. This 60-day grace period applies even if the customer’s telephone number was recycled or ported.
(d) Customers must currently own a Telcel América Handset model launched on Telcel América’s Service after February 11, 2014 or activated with Telcel América’s Service after February 11, 2015.
(e) Customers must possess a Telcel América Handset that is in working condition.
(f) Customers must possess a Telcel América Handset that is not reported stolen, lost, or associated with fraudulent activity.
(g) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Telcel América will honor that customer’s unlocking request by sending a refund for the trade-in value of the used, locked phone returned by the customer without regard to the 12 months of service activation and Service Plan redemption eligibility requirements. However, all other eligibility criteria apply to Telcel América’s customers who are deployed military personnel.
(h) Customers are eligible for this program only once every twelve (12) months.
After an eligible customer contacts Telcel América to request the trade-in value of his or her handset, Telcel América will provide a prepaid mailer for the customer to return the used, locked handset. Upon receipt of the device, Telcel América will send the customer a check for the trade-in value of the handset. The trade-in value is determined by a formula reached through agreement with the FCC. Next year, after handsets capable of being unlocked have been launched by Telcel América, an eligible customer may elect to have the trade-in value of their handset applied to the cost of a new Telcel América Handset that is capable of being unlocked.
Customers who would like to check if they are eligible or submit an unlocking request can do so through an online portal at the Telcel América website or by calling 1-888-442-5102.
© 2015 TracFone Wireless, Inc.