Kick SIM Networks, Inc. TERMS AND CONDITIONS OF SERVICE
- Mobile Carrier Wireless Service
- Mobile Carrier Upgrade Plans
III. Return Policy
- Limited Warranty
- Unlocking Policy
- Kick SIM Networks 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 Mobile Carrier. Mobile Carrier is a brand of their respective owners.
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 16 BELOW.
By purchasing, activating, and/or using any Mobile Carrier product (“Product”) or the wireless service provided by Mobile Carrier (the “Service”) you acknowledge and agree to these Terms and Conditions of Service. Kick SIM Networks, Inc. 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 its respective website. 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 Kick SIM Networks, Inc Customer Care at https://kb.kicksim.com.
- ACTIVATING AND USING YOUR SERVICE
To use KickSIM mobile App Service, you must first purchase and activate a Mobile Carrier phone or a Mobile Carrier SIM Kit that can be used to activate a compatible phone. You must also purchase and redeem a Mobile Carrier wireless plan (a “Plan”) and have a positive service balance in your account (e.g., minutes, data and/or service days).
You may activate your Service by visiting our website at its respective website or by calling Customer Care from a phone other than the one you intend to activate. If you have purchased a SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your service. When you activate your Service, you will 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.
KickSIM Mobile App Service can only be activated where Service is offered and supported by Kick SIM Networks. Kick SIM Networks provides Service at its discretion. Some functions and features referenced in the manufacturer’s manual provided with your Mobile Carrier phone may not be available when using the Service. Kick SIM Networks 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 Kick SIM Network’s sole discretion including, but not limited to, your violation of these Terms and Conditions of Service.
Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. Some Mobile Carrier features are available only on some Mobile Carrier phones purchased from a specific Mobile Carrier and will not be available if you have purchased a different Mobile Carrier SIM card for use on a compatible wireless phone. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in Digital Mode and are approximate.
If you are using your own compatible phone with a Mobile Carrier SIM card, it must be compatible and not interfere with our services and it must comply with all applicable laws, rules and regulations. Unless you have purchased a Mobile Carrier Wireless Broadband Data Plan, devices capable of only using data service are strictly prohibited and your use of such a device in conjunction with a Mobile Carrier Plan is grounds for immediate deactivation and termination of your Service without a refund. You are responsible for ensuring that any phone that you use is compatible with Mobile Carrier and 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 Mobile Carrier Service. Not all Services are available with all phones or on all networks. We may remotely change your 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 telecommunication networks used to transmit all voice, text, and data services are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Mobile Carrier. When you activate your Mobile Carrier service, you will be provided with a telephone number or you may, in some circumstances, port-in a number from another Carrier. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Mobile Carrier service at any time without prior notice to you.
- 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. Any unused Service at the time of termination cannot be refunded or transferred. Kick SIM Networks 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, but not limited to, if: (i) you behave in an abusive, derogatory, harassing, or unreasonable manner with any of our representatives, (ii) we have reason to believe that you are using your Product or the Service for any unlawful purpose or in a way that may adversely affect our Service or the Carrier’s network, (iii) you engage in any fraudulent conduct with respect to your Mobile Carrier Product or Service; or (iv) you violate any term or provision contained within 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, but not limited to, any restrictions with respect to the use of a Product or Service. Any promotional or bonus minutes that are included with a Mobile Carrier phone or that are issued upon activation of your phone are not transferable or refundable. Promotional minutes and bonus minutes have no cash value.
- CARRIER MOBILE PLANS
Your Service will operate only after you have purchased and redeemed a Plan and so long as you have service days left on your Plan cycle. All Plans are on a 30-day cycle. Please visit our website at its respective website for the latest information regarding our Service Plans.
Mobile Carrier Plans provide unlimited nationwide and long distance calling and text messaging. For more information regarding international long distance calling please see Section 6 below. Some Plans also provide unlimited data or a fixed amount of high speed data at 4G speeds for each Plan cycle depending on which Plan you select. 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 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.
All Mobile Carrier Plans 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 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.
CARRIER MOBILE STASH : With Mobile Carrier Stash, you may purchase and add one or more Mobile Carrier Service Plans to your Mobile Carrier Stash and use them whenever you need. A Service Plan in your Mobile Carrier Stash will be automatically applied on your Service End Date, however, you may redeem a Service Plan in your Mobile Carrier Stash at any time by accessing your “My Account.” If you are an Auto Re-Up customer and add a Service Plan to your Mobile Carrier Stash, the Service Plan in your Mobile Carrier Stash will take precedence over Auto Re-Up and will be applied before your next Auto Re-Up purchase is processed.
CARRIER MOBILE AUTO RE-UP : You may enroll in Auto Re-Up to purchase your Service Plan by registering your credit or debit card online the Kick SIM Networks website and selecting the Service Plan you want to purchase on a recurring basis. With Auto Re-Up, 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 if you have a Service Plan in your Mobile Carrier Stash, this Service Plan will be applied first before an Auto Re-Up purchase is processed. Once you have used all of the Service Plans in your Mobile Carrier Stash, your Auto Re-Up purchases will resume.
CARRIER MOBILE WIRELESS BROADBAND PLANS : Kick SIM Networks don’t offers Wireless Broadband Plans that only offer Data Services. All Wireless Broadband Plans provide 30 days of access. Access is subject to network availability. For more information about these Wireless Broadband Plans please visit its respective website.
- UNAUTHORIZED USE OF PLANS WITH UNLIMITED SERVICES
Mobile Carrier Plans with unlimited services (i.e., voice, text, or data) may only be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, and (c) web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion.
Mobile Carrier Plans may not be used for certain unauthorized uses that adversely impact our Service to other customers or the Carrier’s network. Examples of some unauthorized uses include, but are not limited to, the following: (i) continuous uninterrupted voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uninterrupted and continuous uploading, downloading, or streaming of audio or 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; (v) as a substitute or backup for private lines or dedicated data connections; (vi) access to the internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all hotspot applications), (vii) tethering your phone to a laptop or personal computer other than for the use of wireless sync, or (viii) any applications that allow your phone to act 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 and/or terminated at Mobile Carrier’s sole discretion
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. Mobile Carrier reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of Mobile Carrier Service. Mobile Carrier reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone Kick SIM Networks believes is using their Service in an unauthorized manner or whose usage, in Kick SIM Networks’s sole discretion, adversely impacts a Carrier’s network or customer service levels. Kick SIM Networks will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in Kick SIM Networks’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, in our sole discretion, that you are using your Service in violation of the Kick SIM Networks Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Plan with no unlimited usage component.
Kick SIM Networks 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 Kick SIM Networks: (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 Kick SIM Networks customers or (2) may be harmful, disruptive, or interfere with the Carrier’s network, Kick SIM Networks’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to Kick SIM Networks’s right to terminate your Service under these circumstances.
- TEXT MESSAGING
Kick SIM Networks does not generally participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than Kick SIM Networks. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS services or campaigns other than those authorized by your Mobile Carrier. Any text message you send to a “short code” not authorized by your Mobile Carrier will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by your Mobile Carrier are not refundable.
- INTERNATIONAL LONG DISTANCE SERVICE FOR MOBILE CARRIER
Kick SIM Networks Plans provide international long distance service (“ILD Service”). Customers who want to add additional ILD Services may purchase a Mobile Carrier $10 Pay-As-You-Go International Calling Plan. Mobile Carrier’s ILD Service allows you to place calls to select international destinations. To determine if your destination of choice is available please check our website at https://kicksim.com. Please be advised that available destinations are subject to change without notice at any time. your Mobile Carrier ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. Thr mobile carrier ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
The mobile carrier Plans with Unlimited International Calling . If you have purchased a Mobile Carrier Plan that includes Unlimited International Calling, you will be allowed to call up to 15 unique international numbers during each Plan cycle. The 15 unique international numbers you may call will automatically reset once your next Plan cycle begins unless you purchase a new Plan prior to the start of your next Plan cycle. If you have purchased a Mobile Carrier Plan that includes Unlimited International Calling, your ILD Service will only work if you have Service Days left in your Plan cycle. If your Plan cycle has ended (i.e., your Service End Date has passed), you will need to purchase and redeem a new Plan that includes International Calling in order to have access to ILD Service. Please visit our website to learn more about the specific features and offerings of Mobile Carrier Plans that include International Calling.
The mobile carrier $10 Pay-As-You-Go International Calling Plan. If you want to dial an international number in a destination that is not available through Plan with Unlimited International Calling, you may purchase Mobile Carrier’s $10 Pay-As-You-Go International Calling Plan. Mobile Carrier also offers a $10 Pay-As-You-Go International Calling Plan that must be used with another Plan for it to work. You may add or refill your ILD Service balance in $10 increments by purchasing a $10 Pay-As-You-Go International Calling Plan from Mobile Carrier by calling Customer Care or visiting our website. Your ILD Service will only work when your Service is active and when you have a positive balance in your Account. If you have purchased a $10 Pay-As-You-Go International Calling Plan, you will not be limited in the number of destination numbers you may call. However, the Mobile Carrier phone number you provide when purchasing a $10 Pay-As-You-Go International Calling Plan will be the only number that is permitted to dial internationally. You will not be able to transfer your ILD Service to another phone number.
The applicable rates for specific countries, regions or cities for customers who have purchased a $10 Pay-As-You-Go International Calling Plan are available online at its respective website. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Mobile Carrier’s $10 Pay-As-You-Go International Calling Plan expires 180 days after last use or 30 days after your Mobile Carrier Service is suspended. 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 authorized and unauthorized use.
Mobile Carrier ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with Mobile Carrier. ILD 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.
Mobile Carrier ILD Service is intended for live dialogue between and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as a call originated or received by a Mobile Carrier customer to initiate the conversation between two individuals one of which is talking from a landline or wireless international destination. 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, auto-dialed 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 handset (mobile phone or cell phone) or service to other persons for their use or calling, hosting, establishing or maintaining a chat line is not considered personal use. We will presume a customer is engaged in non-personal use in violation of our terms and conditions if their international long distance calling usage exceeds three times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
Mobile Carrier will presume certain usage, dialing or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and we reserve the right to suspend, terminate or restrict your Mobile Carrier Service without prior notice. If you believe that we are in error, please contact Customer Care at 1-877-878-7908 and depending on the circumstances, we may reactivate your ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions, we reserve the right to suspend, terminate or restrict your Mobile Carrier Service 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 Mobile Carrier’s ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) is not for consumer use. You agree not to resell your Mobile Carrier ILD Service or to use your ILD 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.
Mobile Carrier ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
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.
You are responsible for safeguarding your ILD Service and Account information. Mobile Carrier is not responsible for and will not issue credit for unauthorized use.
- DATA SERVICES
Some Mobile Carrier Plans also provide data services. Your use of data services (“Data Usage”) begins when your phone or other approved device makes a data connection in order to transmit data and ends when your data connection terminates. 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 an internet browser or accessing a website, (ii) sending or receiving emails, documents, multi-media messages and other content, (iii) downloading and using applications; or (iv) if internet access is initiated in any other way or for any other purpose. Some applications, content, programs, and software that you download or that comes 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, applications 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. You will be billed for all data transport and usage when your device is connected to our network, including that which you affirmatively initiate or that which runs automatically in the background without your knowledge, and whether 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 or other approved wireless device. Data Usage may also depend on the size of the content and the actual time it takes to download or transmit the content or multi-media message. Unless you are using Wi-Fi, any Data Usage on your phone or approved wireless device will count against your data balance until you reach the maximum amount of data usage allowed within your Plan.
Downloadable Content and Apps. With certain Mobile Carrier phone models, you may also access the internet and other online content, including, but not limited to, ringtones, news, weather, and sports through Mobile Carrier’s mobile web portal (“Mobile Web Portal”). If you download content online whether, from Simple’s Mobile Web Portal, the internet, or an app store that’s unrelated to Mobile Carrier, you may incur a charge for each purchase (a “Content Charge”). Content Charges from Mobile Carrier’s Web Portal vary depending on the type of content you purchase and download. You will be advised of any Content Charges prior to finalizing any content you purchase. Any Content you purchase and download may only be used and/or viewed on the Mobile Carrier phone or approved wireless device used to purchase and download the Content and cannot be transferred to another phone or device, including a new or replacement Mobile Carrier phone. All Content Charges are non-refundable and non-transferable.
Content Not Rated. The content available or accessible through the Mobile Carrier’s Web Portal is not rated or filtered. Although Mobile Carrier strives to present and offer only generally acceptable content, it is impossible to prove all online content that may be available. Mobile Carrier Data Services may provide access to content that is offensive or objectionable to you or to others. You are solely responsible for the use of your Mobile Carrier Data Service and you assume all risk and liability in doing so. Mobile Carrier is not liable for any content that you and/or others may find offensive or objectionable. For more information on Data Services, please consult the material included in your Mobile Carrier Welcome Kit and/or User’s Guide. Additional information can also be found on your Mobile Carrier’s website.
Not all of the online content which is accessible to one using Mobile Carrier Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Mobile Carrier’s Data Services, you acknowledge that your child has the permission to use the Data Services available on your Mobile Carrier phone, 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. Mobile Carrier does not guarantee the availability of Data Services and reserves the right to modify, suspend, interrupt, discontinue, reduce the data throughput speed without notice. Mobile Carrier 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 purchased using Data Services. If your Data Services are modified, interrupted, discontinued or canceled, Mobile Carrier will not refund any remaining used or unused Data Services. If you cancel or attempt to cancel a download or a multi-media message in progress, or if the process is otherwise interrupted through no action on your part, you may incur a charge in accordance with these Terms and Conditions.
- COVERAGE MAPS
You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of Mobile Carrier. Mobile Carrier does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage 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 network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Mobile Carrier’s 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 on the Mobile Carrier plan you select. Mobile Carrier is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Domestic Roaming. 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 making or receiving calls while roaming domestically, Mobile Carrier does not guarantee your ability to roam nor the availability and/or quality of services. Domestic roaming may be discontinued or changed at any time without notice. Use of Data Services while roaming is strictly prohibited while roaming domestically. Please be advised that due to Carrier restrictions, Mobile Carrier reserves the right to terminate the Service of any Mobile Carrier customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period.
International Roaming. Unless you are in Mexico, international roaming is not offered by Mobile Carrier and is strictly prohibited. Subject to the foregoing exception, you will not be able to make or receive calls using your Service if you are traveling outside of the United States (including Puerto Rico). Any attempt to place or receive a call using your Service while traveling outside of the United States could result in service deactivation and account termination without a refund for unused service. Plans that feature roaming in Mexico allow you to use data and make calls to Mexico, the United States, and other international destinations while roaming in Mexico subject to certain limitations. Available destinations are subject to change without prior notice. Please visit our website for more information about the list of destinations and data provided under these plans while roaming in Mexico. Data used while roaming in Mexico counts towards your allotment of high-speed data.
- WI-FI CALLING
Wi-Fi Calling is available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM Card. 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 on 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 or by mobile carrier website contacting Customer Care at its respective contact center. 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.
- EMERGENCY CALLS
If you are in an area where your Mobile Carrier Service 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 Mobile Carrier Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
- DISCLAIMER OF WARRANTIES; LIMITATIONS OF PRODUCTS AND SERVICES
MOBILE CARRIER’S PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. Mobile Carrier does not warrant that any aspect of its Services will be uninterrupted or error or virus-free. Mobile Carrier makes no representations or warranties of any kind, either express or implied, regarding the title, merchantability, suitability, non-infringement, fitness for a particular purpose or otherwise in relation to any Product or Service. You acknowledge and agree that use of any 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 Mobile Carrier’s 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, 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. At any time, Mobile Carrier reserves the right to substitute and/or replace any Mobile Carrier Product (including Mobile Carrier phones and SIM cards) with other Mobile Carrier Products of comparable quality. Mobile Carrier does not warrant or guarantee the availability of network Services or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither Mobile Carrier 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 your phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality, and other product specifications are subject to change without notice or obligation.
- LIMITATION OF LIABILITY
Kick SIM Networks is not liable to you, other users of your Mobile Carrier Service, or any third party for any failure to post, receive, process or credit a payment for your Mobile Carrier Service including, without limitation, any failure to add or credit any airtime or due date information to your Mobile Carrier Service or for any other claim arising out of or in any way related to your Mobile Carrier Service.
Kick SIM Networks will not be liable to you for any actual, direct, 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 to you. Mobile Carrier will not be liable for any act or omission of any other 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. If you return your Mobile Carrier phone for any reason, Mobile Carrier is not responsible and shall not be liable to you or anyone else for any personal information, such as usernames, passwords, contacts, pictures, SMS, MMS and/or additional downloads, you may have stored on your Mobile Carrier phone or which may remain on your Mobile Carrier phone when it is returned.
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 Data 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) web 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, computer or equipment and to back-up your information stored on each.
IN NO EVENT SHALL MOBILE CARRIER, 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 MOBILE CARRIER SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, DATA SERVICES OR OTHER WEB CONTENT, EVEN IF MOBILE CARRIER, 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, MOBILE CARRIER, ITS EMPLOYEES, LICENSORS AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $50.
- UNAUTHORIZED USE OF PRODUCTS
Mobile Carrier Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Mobile Carrier Product constitutes a violation of your agreement with Mobile Carrier 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 Mobile Carrier Product in a manner which conflicts with Mobile Carrier’s Unlocking Policy referenced in Section V below. You also agree not to use unauthorized PINs associated with Mobile Carrier Plans or engage in any other unauthorized or illegal use of your Mobile Carrier Product or the Service, or assist others in such acts, or to sell and/or export Mobile Carrier Products outside of the United States. Any attempt to unlock your Mobile Carrier Product in an unauthorized matter or to root, re-flash, jailbreak, tamper with or alter the build state of your Mobile Carrier 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 Mobile Carrier Product may result in the immediate suspension or termination of your Mobile Carrier Service without notice and legal action. the carriers will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law.
If your Mobile Carrier 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 is contained in this Section may result in the immediate termination of your Service without notice. The Carriers, All Mobile Carriers 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 Mobile Carrier Product or for any unused airtime and service
You agree to indemnify and hold harmless All Mobile Carriers d/b/a Mobile Carrier 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 Mobile Carrier Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
- DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-877-878-7908. 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 All Mobile CarriersAttn: Legal Department-Consumer Claims, 9700 N.W. 112th Avenue, Miami, Florida 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 OR 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, NEITHER 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 the carriers, 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 the carriers 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 the carriers 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 the carriers’ Legal Department as set out above. You and the carriers 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 the carriers agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and the carriers 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), the carriers 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 the carriers in accordance with AAA Rules. Additionally, the carriers hereby waive 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 the carriers 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 the carriers, the carriers will pay you the amount of the award or a minimum of $5,000, whichever is greater. Additionally, the carriers will pay your attorney twice the reasonable expense of attorney’s fees as well as be reimbursing any expenses that your attorney reasonably incurs for investigating, preparing, and pursuing your claim. If the carriers 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 the carriers will reimburse your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and you and the carriers 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 the carriers 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 the carriers 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 reside.
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 the carriers 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 the carriers 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 the carriers agree that there will not be a jury trial. You and the carriers 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 the carriers 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 OUT OF THIS PROVISION BY CALLING US AT 1-877-878-7908 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: LEGAL DEPARMENT-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.
- 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.
- ENTIRE AGREEMENT
- MOBILE CARRIER UPGRADE PLANS
These additional terms and conditions apply to customers who purchase, redeem, and/or use a Mobile Carrier upgrade service plan (“Upgrade Plan). By purchasing or using a Mobile Carrier Upgrade Plan you agree to accept the General Terms and Conditions for Mobile Carrier Wireless Service which can be found on our website at its respective website and the following additional terms and conditions, each of which may be updated from time to time without prior notice. Any changes or modifications to these additional terms and conditions are effective and will be binding on you when posted on our website at its respective website
READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR UPGRADE PLAN. IF YOU TRANSFER YOUR MOBILE CARRIER TELEPHONE NUMBER TO ANOTHER WIRELESS CARRIER OR YOUR ACCOUNT IS INACTIVE FOR A PERIOD OF 24 CONSECUTIVE MONTHS, YOU WILL PERMANENTLY LOSE ALL OF YOUR UPGRADE POINTS.
Mobile Carrier Upgrade Plans are unique airtime plans that provide you with the ability to upgrade your Mobile Carrier phone at a discount at the end of an eligible upgrade period (“Upgrade Period”) by accumulating points (“Upgrade Points”) awarded to you after purchasing an Upgrade Plan. The length of your Upgrade Period and the amount of Upgrade Points you can accumulate depend-on which Upgrade Plan you purchase and the number of Upgrade Plans you purchase. All Mobile Carrier Upgrade Plans include unlimited voice and text messaging services (including international text messaging) and a fixed amount of high-speed data for each monthly plan cycle. The amount of data that can be accessed at high speed depends on which Upgrade Plan you purchase. 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 monthly plan cycle. Your high-speed data will be restored once your next plan cycle begins unless you purchase a new Mobile Carrier Unlimited 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. Some Mobile Carrier Upgrade Plans may provide international calling depending on the destination. For more information regarding international calling please see section 6 of Mobile Carrier’s Terms and Conditions of Service at its respective websites. For a current list of all Mobile Carrier Upgrade Plans and their offerings please visit our website.
In addition to voice, text messaging, and data services, Mobile Carrier Upgrade Plans provide you with Upgrade Points depending on which Upgrade Plan you purchase and redeem. Once you have accumulated a total of 18 Upgrade Points you will become eligible for an upgrade discount on a Mobile Carrier phone (“Upgrade Discount”). Upgrade Discounts can only be applied towards the purchase of a Mobile Carrier phone. You can switch between Upgrade Plans at any time and continue to accrue Upgrade Points based on your new plan. You can also switch between an Upgrade Plan and another Service Plan; however, you will only accumulate Upgrade Points by purchasing a Mobile Carrier Upgrade Plan.
Because you can switch between Upgrade Plans, the length of your Upgrade Period will depend on which Upgrade Plan you purchase while accumulating the required 18 Upgrade Points. After you have reached 18 Upgrade Points, you may continue to accumulate Upgrade Points before using your Upgrade Discount; however, Upgrade Discounts are only awarded in intervals of 18 Upgrade Points. As such, once you accumulate another 18 Upgrade Points you will become eligible for another Upgrade Discount. For more information and examples of how Upgrade Points and Upgrade Discounts work please visit our FAQ section online.
Upgrade Points have no cash value, cannot be refunded, or transferred to another customer. If you switch between a Mobile Carrier Upgrade Plan and another Mobile Carrier service plan you will not lose your Upgrade Points. If, however, you port-out or transfer your Mobile Carrier telephone number to another wireless carrier, you will permanently lose all of your Upgrade Points. If you have purchased a Mobile Carrier phone using your Upgrade Discount and you return your phone, your Upgrade Points will be returned to your account once we have verified your return. In the event you return your phone, you will only be entitled to a refund for the amount you paid after applying your Upgrade Discount.
If your Mobile Carrier Service is deactivated due to your inactivity, you will not lose your Upgrade Points, unless the period of your inactivity exceeds 24 consecutive months measured from your Service End Date in which case all of your Upgrade Points will expire. If you reactivate your Account through the purchase of a Mobile Carrier Upgrade Plan (before the expiration of the 24-month inactivity period), your Upgrade Points will be reinstated; however, it is likely that you will lose your Mobile Carrier phone number due to any extended inactivity. Your Upgrade Points will be linked to the electronic serial number (ESN) of your Mobile Carrier phone. Therefore, any deletion or modification of the ESN from your account may result in the loss of your Upgrade Points. All other terms and conditions associated with your Mobile Carrier Service apply and shall govern your purchase and/or use of a Mobile Carrier Upgrade Plan.
III. RETURN POLICY
To see the return policy (“Return Policy”) applicable for your Device, please refer to the section below based on how you made your purchase. Mobile Carrier does not allow returns or provide refunds for any SIM Kits or Plans you may have purchased.
Store Purchases. If you purchased a Mobile Carrier phone from a retailer or wireless dealer (and not from the carriers 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. the carriers will not process the return of any Mobile Carrier phone sold to you by a retailer or wireless dealer.
Online Purchases from Mobile Carrier. If you purchased your Mobile Carrier phone from its respective 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 its respective 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. Mobile Carrier 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.
- LIMITED WARRANTY
All new Mobile Carrier phones are covered by a one (1) year limited warranty administered by Mobile Carrier as set forth below.
All reconditioned or refurbished phones sold by Mobile Carrier (except for iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Mobile Carrier.
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 Mobile Carrier but that is registered with Mobile Carrier under the “Bring Your Own Phone” program is not covered by Mobile Carrier’s limited warranty
How To Obtain Warranty Service. To obtain warranty service from Mobile Carrier, please contact Customer Care at 1-877-878-7908. If your problem cannot be resolved over the phone, our Mobile Carrier 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 Mobile Carrier’s option.
Terms of Limited Warranty:
- The limited warranty for any applicable Product begins on the date of your purchase.
- The limited warranty 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 or retailer. Upon request from Mobile Carrier, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
- During the limited warranty period, Mobile Carrier will replace or repair, at Mobile Carrier’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.
- 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. Mobile Carrier’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 Mobile Carrier for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Mobile Carrier shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
- The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable :
- 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 Mobile Carrier, including damage caused by shipping.
- 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 Mobile Carrier.
- Mobile Carrier 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.
- The Product serial number plate or the enhancement data code has been removed, defaced or altered.
- 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.
- The Product is outside of the limited warranty period.
- Mobile Carrier does not warrant uninterrupted or error-free operation of the Product or service. Mobile Carrier 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 Mobile Carrier Customer Care for repair or replacement processing of the Product. Mobile Carrier 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.
- 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.
- MOBILE CARRIER 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. MOBILE CARRIER 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, INJURY 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 MOBILE CARRIER KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. MOBILE CARRIER 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
- 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.
- Mobile Carrier 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
- This is the entire warranty between the Mobile Carrier 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 Mobile Carrier. The allocation is recognized by the Consumer and is reflected in the purchase price.
- UNLOCKING POLICY
For Customers with Mobile Carrier Handsets Capable of Being Unlocked : Mobile Carrier will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
- Customers must request handset unlocking. Mobile Carrier will unlock handsets of current and former Mobile Carrier customers without charge. Non-former customers may request unlocking, but Mobile Carrier may charge a reasonable fee.
- The Mobile Carrier Handset must have been activated on Mobile Carrier Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.
- Customers must possess a Mobile Carrier Handset that is not reported stolen, lost, or associated with fraudulent activity.
- If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Mobile Carrier will honor that customer’s unlocking request.
Mobile Carrier may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Mobile Carrier or its customers. Mobile Carrier’s Unlocking Policy is subject to change at any time without advance notice.
For Customers with Mobile Carrier Handsets not Capable of Being Unlocked : Mobile Carrier will provide customers with a partial refund or credit against the purchase of a new Mobile Carrier Handset if they meet the following conditions:
- Customers must request handset unlocking.
- Customers must have had their locked device activated on Mobile Carrier 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.
- Customers must request this interim unlocking solution while their Mobile Carrier 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.
- Customers must currently own a Mobile Carrier Handset model launched on Mobile Carrier’s Service after February 11, 2014 or activated with Mobile Carrier’s Service after February 11, 2015.
- Customers must possess a Mobile Carrier Handset that is in working condition.
- Customers must possess a Mobile Carrier Handset that is not reported stolen, lost, or associated with fraudulent activity.
- If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Mobile Carrier 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 Mobile Carrier’s customers who are deployed military personnel.
- Customers are eligible for this program only once every twelve (12) months.
After an eligible customer contacts Mobile Carrier to request the trade-in value of his or her handset, Kick SIM Networks, Inc. will provide a prepaid mailer for the customer to return the used, locked handset. Upon receipt of the device, Mobile Carrier 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 the agreement with the FCC. Next year, after handsets capable of being unlocked, have been launched by Mobile Carrier, an eligible customer may elect to have the trade-in value of their handset applied to the cost of a new Mobile Carrier 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 Mobile Carrier website.
Kick SIM Networks, Inc. © 2017. All rights reserved.