TELCEL TERMS AND CONDITIONS OF SERVICE

I. Wireless Service

II. Telcel Home Phone

III. Return Policy

IV. Limited Warranty

V. Unlocking Policy

I. TELCEL 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. Telcel is a brand of TracFone Wireless, Inc. d/b/a Telcel.

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, and/or using any Telcel product (“Product”) or the wireless services provided by Telcel (the “Service”), you acknowledge and agree to these Terms and Conditions of Service. Telcel 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 us.telcel.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 Customer Care at 1-800-220-9518.

1. ACTIVATING YOUR SERVICE

To use TracFone Service, you must first purchase and activate a TracFone wireless phone or a Telcel SIM card (“SIM Card”) that can be used to activate a compatible wireless phone you already own under the .  To activate your phone, you must also purchase and redeem a TracFone wireless plan (Plan”).  For more information about our Plans visit our website.

You may activate your Service online by visiting our website at us.telcel.com. or by calling Customer Care from a phone other than the one you intend to activate. If you have purchased an Activation Kit to activate your own phone, follow the instructions that came with the Activation Kit to activate your Service.  When you activate your Service, you will be provided a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider.  In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control.  Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your Service 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 or liability to you.  

When you activate your Service, you will also have the option of registering with us and creating an account (“Account”) by 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.

TracFone Service can only be activated where TracFone Service is offered and supported by TracFone. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by TracFone are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not TracFone.  Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources.  Where the network is lightly loaded, a TracFone customer will notice little, if any, effect from having lower priority.  This will be the case in the vast majority of times and locations.  At times and at locations where the network is heavily loaded in relation to available capacity, however, a TracFone customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity.  When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.

If you are activating your own compatible phone under the Bring Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations.  You are also responsible for ensuring that your phone meets all federal laws and standards.  You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including,  phones activated under the Bring Your Own Phone program.  Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on Smartphones or on phones activated under the Bring Your Own Phone program.  Devices 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.

We 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 our sole discretion, including, your violation of these Terms and Conditions of Service.  Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.  
All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation.  All talk and standby times are quoted in digital mode and are approximate.

2. TERMINATION OF SERVICE

Either party may terminate this Agreement at any time.  Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so.  Each time you activate your Service or purchase a new Product you agree that you are consenting to the latest TracFone Terms and Conditions of Service.  Any Service which remains unused at the time of termination, including, promotional balances, cannot be refunded or transferred to another person.  

We may terminate this Agreement at any time without notice if we cease to provide Service in your area.  We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:

(i) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a TracFone representative, officer, employee, agent, or authorized retailer;

(ii) using your Service for any unlawful, fraudulent, or illegal purpose;

(iii) using your Service in any way that adversely affects our ability to manage the Service provided to other customers or the Carrier’s network;

(iv) violating any Term or Condition contained in this Agreement.

Any term or provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive, including, any limitation of liability, disclaimer of warranties, dispute resolution procedures, restrictions with respect to the use of a Product or Service and our Limited Warranty, Return Policy, and Privacy Policy.

3. TELCEL PLANS

Your Telcel Service will only operate after you have purchased and redeemed a 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 Plans.

Telcel Plans provide unlimited nationwide and long distance calling and text messaging.  For more information regarding international long distance calling please see section 4 below.  Some Plans may also include unlimited or a fixed amount of high speed data at 4G speeds for each Plan cycle depending on which you Plan you select. 4G/4G LTE networks are not available on all phones and in all locations. 4G/4G LTE networks require a compatible phone and SIM Card. Actual availability, coverage, and speeds may vary.  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 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.  Data transmitted over Wi-Fi does not count against your data usage.

Plans that come with high speed data also come automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”).  Data Optimizer manages the amount of high speed data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering.  You may disable the Data Optimizer feature at any time by contacting Customer Care. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution.

If you notify us that your phone is lost or stolen, your Service will be deactivated and any unused Service balance will be lost and will not be transferred. Further, we will not provide you with a refund or discount for (i) unused Service balances when you refill your Account; (ii) unused Service balances that expire by your Service End Date; or (iii) a Plan that you purchase which is  not compatible or supported by your phone. Customers whose phones are not data-enabled will not receive a discount or refund for the unused Service. You may refill your Telcel Service as follows:

Telcel Reserve: With Telcel Reserve, you may purchase and add one or more Plans to your Reserve to be automatically applied on your Service End Date. You may access the Plans in your Reserve at any time through “My Account.” All 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 Plan to your Telcel Reserve, the 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 Auto-Refill: You may enroll in Auto-Refill to purchase a new Plan by registering your credit or debit card online at telcelamerica.com/autorefill and selecting a Plan. With Auto-Refill, a new 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 Plan you have added to your Telcel phone. To change this, you must call Customer Service and speak with one of our Customer Care representatives. If you have any Plans in your Reserve, those Plans will be applied first before an Auto-Refill purchase is processed. Once you have used all Plans in your Reserve, the Auto-Refill purchases will resume.

Refilling Your Account Before Service End Date:  Your Service End Date is the last day of your Plan cycle.  Each Telcel 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 rollover.  Your Service begins on the day you redeem a Plan.  If you have a Plan is placed in your Reserve, your Plan will automatically be redeemed on your Service End Date.  When you redeem a new 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 Service will be deactivated on the Service End Date, you will lose any unused voice, text, or data services, and you may also lose your telephone number. To prevent this from occurring, please keep your Service active by redeeming a Plan before your Service End Date.  If you have a basic phone, you may be able to add a Plan from the prepaid area which is accessible from your phone display. Select the menu option and a selection titled “Prepaid” will display. You may add the PIN associated with the Plan you have purchased by selecting “Add Airtime” and following the prompts. This feature may not be available on all phone models.  Some Telcel phones may not display your Service End Date. You can find your Service End Date by visiting telcelamerica.com/checkbalance.  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..

4. TEXT MESSAGING

Telcel 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 . 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 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 ) are not refundable.

5. INTERNATIONAL LONG DISTANCE CALLING

Telcel Service Plans include unlimited long distance calling (“ILD Service”) to international landlines at select destinations and unlimited long distance calling to 15 unique mobile numbers in Mexico, Canada, China, and India, in each case for the number of service days in your plan cycle. The 15 unique destination numbers you elect to call during a given plan cycle automatically reset when you purchase and redeem a new Service Plan. For the latest information regarding our Service Plans please visit our website.  Telcel’s ILD Service will not allow you to place calls to all destinations or to all countries. Telcel’s ILD Service also 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.

In addition to the benefits identified above, Telcel Service Plans include international roaming in Mexico at no additional charge, meaning you can use data and make calls to Mexico, the US and other international destinations while roaming in Mexico subject to certain limitations. 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.

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 extras.telcel.com/en/international-calling 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’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 Service.

If you are using a $10 Global Card, the rates to specific countries, regions or cities are available at extras.telcel.com/en/international-calling. 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 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 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 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 will not issue refunds or credit for any disruption in service. Telcel 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.

6. DATA SERVICES

Some Telcel Plans also provide data services.  Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.

Some apps, content, programs, and software that you download or that come pre-loaded on your Phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network, and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high speed data provided by the Plan you purchased whenever your Phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not.  The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage.  Unless you are using Wi-Fi, any Data Usage on your Phone, will count against your data balance.

For content downloads from the internet or an app store, you may incur a charge for the content you download (a “Content Charge”) from the provider of the content you have purchased.  Unless Telcel is the provider of such content, You agree that Telcel is not responsible for the purchase, download, transfer, installation, use, transmission failure, interruption, or delay, or any web content, app store, or a app you access or purchase. Any support questions related to third-party downloads, including, but not limited to web content and apps should be directed to the third-party provider and not Telcel. When you use, download, or install web content and/or apps provided or sold by a third-party, you may be subject to separate terms and conditions, terms of use, privacy policies and other policies of the third-party. You agree that Telcel is not responsible nor liable to you for any third-party content, advertisements, websites, app stores, or apps you may download or access using your phone.

If you visit or use any third-party website, app store, or app, the third party may access, collect, use or disclose your personal information or require that the network carrier disclose your personal information, including, your location information (if applicable). If you access or use any third-party apps while using Telcel’s Data Services, you agree and authorize Telcel and the network Carrier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. You should refer to the third-party’s privacy policy for information regarding the use of information collected when you download, install, or use web content or applications from that third party.

Not all of the online content which is accessible to one using Telcel Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Telcel’s Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.

Availability, Interruptions, and Discontinuation to Data Services:  Telcel does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice. Telcel is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, Telcel will not provide you with a refund for any remaining used or unused Data Services.

7. UNAUTHORIZED USE OF SERVICE

Your Service (i.e., voice, text, or data services) and any phone using Telcel Service may only be used for the following purposes: (a) person to person voice calls, text, and picture messaging and (b) personal web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion.

Your Service and any phone using Telcel Service may not be used for any unauthorized uses that may adversely impact other customers using our Service or the Carriers’ networks.  Examples of some unauthorized uses include, but are not limited to, the following:

(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;

(ii) automated text or picture messaging;

(iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video;

(iv) as a server device or to 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 file sharing;

(v) as a substitute or backup for private lines or dedicated data connections;

(vi) to access the internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all hotspot applications),

(vii) tethering to a laptop or personal computer other than for the use of wireless sync,

(viii) as an internet access point or Wi-Fi for other devices and computers.

A customer engaged in any unauthorized use may have their Service suspended or terminated in our sole discretion.  We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect a Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service.  We further reserve the right to limit, deny, or terminate Service to anyone we believe is using it in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is abnormally high, or harmful, or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.

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 . Telcel 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 data speeds or no 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 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 plan you select. Telcel is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

9. ROAMING

Depending on the Carrier network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States.  Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider.  Although there are no additional charges for using the Service while roaming domestically, Telcel does not guarantee your ability to roam nor the availability and/or the quality of Service.  Domestic roaming may be discontinued or changed at any time without notice.  Due to Carrier restrictions, Telcel reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period.  International roaming is not offered by Telcel and is strictly prohibited.

10. WI-FI CALLING

Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier).  Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations.  If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security.  You can disable Wi-Fi Calling by toggling it off in your device settings menu.

Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection.  To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation.  If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-877-440-9758.  It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location.  As such, always be prepared to report your precise location to emergency responders.

Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.

11. EMERGENCY CALLS

If you are in an area where your Telcel 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 phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

12. DISCLAIMER OF WARRANTIES

TELCEL PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE.  TRACFONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY TELCEL PRODUCT OR SERVICE.

You acknowledge and agree that the use of any Telcel Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of our control.  Not all Products, 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, network prioritization, 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 network.  At any time, Telcel reserves the right to substitute and/or replace any Telcel equipment (including phones and SIM cards) with other Telcel equipment of comparable quality. Telcel does not warrant or guarantee the availability of your Service at any specific time or in any specific geographic location or that the Service will be provided without interruption. Neither Telcel, 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 phone outside during a lightning storm. You should also unplug the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL TRACFONE OR ITS VENDORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF YOUR TELCEL PRODUCT OR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY AND REGARDLESS IF TRACFONE OR ITS RESPECTIVE VENDORS, SUPPLIERS, OR LICENSORS WERE 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, ITS VENDORS, SUPPLIERS, OR LICENSORS’ LIABILITY SHALL BE LIMITED TO U.S. $50.

You agree that neither we nor our vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide any Service, including, but not limited to, deficiencies or problems with a Phone or network coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Service; (e) content or information accessed on your Phone while using our Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) 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 (j) 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, computer or equipment and to back-up your information stored on each.

14. UNAUTHORIZED USE OF PRODUCTS

Telcel Products and Service are sold exclusively for use by you, the end consumer.  The unauthorized unlocking or resale of your Telcel Product constitutes a violation of your agreement with Telcel and will invalidate the Limited Warranty associated with your Product.  You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Telcel Product in a manner which conflicts with the Unlocking Policy referenced in Section V below.  You also agree not to use unauthorized PINs associated with phone or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to sell and/or export Telcel Products outside of the United States. Any attempt to unlock your Telcel Product in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Telcel Product may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction.  Such use along with any other unauthorized use of your Telcel Product may result in the immediate suspension or termination of your Service without notice and legal action. TracFone will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law.

If your Telcel 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, 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 or to allow any other person to do so.  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 or your phone.

In the event of termination for any other unauthorized usage, you will forfeit your unused Service and you will not be entitled to receive a refund for your Telcel Product or for any unused Service.

15. INDEMNIFICATION

You agree to indemnify and hold harmless TracFone Wireless, Inc. d/b/a Telcel 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 Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action.

16. 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.

BINDING ARBITRATION

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. PRIVACY POLICY

To view our Privacy Policy, please refer to our website at us.telcel.com.

18. 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.

19. ENTIRE AGREEMENT

This Agreement, the Privacy Policy, the Limited Warranty, the Return Policy, the Unlocking Policy, and the additional terms and conditions below (to the extent applicable) constitute the entire Agreement between You and TracFone Wireless, Inc. with respect to any Telcel Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

II. TELCEL HOME PHONE

(a) Telcel offers home phone service for use indoors with a landline or cordless phone. You must connect your Telcel Home Phone (“Home Phone”) to a corded or cordless phone within your home in order to use  Telcel’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 Home Phone in an emergency situation. Locate the nearest landline phone and call for help.

(c) If your Telcel 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 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 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 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’s Home Phone.  Telcel’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 Reserve: With Telcel 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.     RETURN POLICY

To see the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase.  Telcel does not allow returns or provide refunds for any Activation Kits or Plans you may have purchased.

Store Purchases:  If you purchased a Telcel phone from a retailer or wireless dealer (and not from Telcel either by phone or online), your Phone purchase is subject to that store’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase.  TracFone will not process the return of any Telcel phone sold to you by a retailer or wireless dealer.

Online Purchases from Telcel:  If you purchased your Telcel phone from Telcel’s official website, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund.  To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us

To be eligible for a return you must meet the following requirements:

  • The phone you are returning must have been purchased from Telcel’s official website and the IMEI numbers must be verified.
  • You must return the phone in like new, working condition, returned in the original manufacturer’s packaging with all included accessories, including, device, battery, charger, and manual.  The phone must not have any liquid or physical damage.
  • You must pay for the cost to ship the phone back to us and include a copy of your receipt.

If anything is missing or device is not in like-new condition, your shipment may not be accepted.  If a device has physical or liquid damage it cannot be returned and a credit will not be issued.  Telcel will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.

If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the difference in price between the phone you are returning and the new phone you are seeking to purchase.  If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles.  Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone.

IV.    TELCEL LIMITED WARRANTY

All new Telcel Phones are covered by a one (1) year limited warranty administered by TracFone as set forth below.

All reconditioned or refurbished phones sold by Telcel (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Telcel.

To the extent available for purchase, certified pre-owned Phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase.

A Phone that you own which was not purchased from Telcel but that is registered with Telcel under the Bring Your Own Phone program is not covered by this limited warranty.

How To Obtain Warranty Service: To obtain warranty service for your Telcel Phone, please contact Customer Care at 1-877-440-9758. If your problem cannot be resolved over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your Phone and/or accessories (“Product”) to the designated Service Center for repair or replacement, at our option.

Terms of Limited Warranty:

1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage..

2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser.  The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer.  Upon request from Telcel, the Purchaser 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 will replace or repair, at Telcel’s sole option, any defective Products or parts (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.  Telcel may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available.  The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.

4. 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’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Purchaser returns the Product to Telcel for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. Telcel shall not be liable for any other losses or damages. These remedies are the Purchaser’s exclusive remedies for breach of warranty.

5. The Purchaser 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, 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.

(c) Telcel 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 limited warranty period.

6. Telcel shall not be liable for delay in rendering service under the limited warranty, loss of use of the service 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.

7. Telcel 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.

8. This is the entire warranty between Telcel and the Purchaser, 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.

9. This limited warranty allocates the risk of failure of the Product between the Purchaser and Telcel. The allocation is recognized by the Purchaser and is reflected in the purchase price. 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 Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights which vary from state to state.

V.    TELCEL UNLOCKING POLICY

For Customers with Telcel Phones Capable of Being Unlocked:  Telcel will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:

(a) Customers must request handset unlocking.  Telcel will unlock phones of current and former Telcel customers without charge.  Non-former customers may request unlocking, but Telcel may charge a reasonable fee.  

(b) The Telcel phone must have been activated on Telcel Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.  

(c) Customers must possess a Telcel phone that is not reported stolen, lost, or associated with fraudulent activity.  

(d) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, Telcel will honor that customer’s unlocking request.

For Customers with Telcel Phones not Capable of Being Unlocked:  Telcel will provide customers with a partial refund or credit against the purchase of a new Telcel phone if they meet the following conditions:

(a) Customers must request phone unlocking.

(b) Customers must have had their locked phone activated on Telcel 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 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 phone model launched on Telcel’s Service after February 11, 2014 or activated with Telcel’s Service after February 11, 2015.

(e) Customers must possess a Telcel phone that is in working condition.  

(f) Customers must possess a Telcel phone that is not reported stolen, lost, or associated with fraudulent activity.  

(g) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, Telcel 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.  

(h) Customers are eligible for this program only once every twelve (12) months.  

After an eligible customer contacts Telcel to request the trade-in value of his or her phone, Telcel will provide a prepaid mailer for the customer to return the used, locked phone.  Upon receipt of the device, Telcel will send the customer a check for the trade-in value of the phone.  The trade-in value is determined by a formula reached through agreement with the FCC.  Eligible customers may elect to have the trade-in value of their phone applied to the cost of a new Telcel phone 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 website or by calling 1-888-442-5102.

Telcel may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Telcel or its customers. Telcel’s Unlocking Policy is subject to change at any time without advance notice.

© 2017 TracFone Wireless, Inc.

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