TERMS AND CONDITIONS
By using the SMART Prepaid Service (“Service”), the Subscriber agrees to the following:
1. The Service is designed to work only if the Subscriber has the following: • a GSM dual-band or higher cellular mobile telephone handset; • a SMART Prepaid SIM Card; and • airtime value loaded into the Subscriber’s account.
2. The SMART Prepaid SIM Card and Load are neither refundable nor redeemable for cash, either in part or in full.
3. The SMART Prepaid SIM Card cannot be used with handsets which are: • SIM-locked to networks; or • blacklisted by Digitel Mobile Phils., Inc. (the “Company”) due to theft, loss, non-payment or other reasons.
The Company reserves the right to SIM-lock handsets as part of the SMART Prepaid Phone Kit for use only of its own services. A SMART Prepaid Phone Kit, availed from the Company, is qualified to be unlocked only after 24 months from date of purchase by providing a valid Official Receipt and the device’s IMEI number. Full details for unlocking a SMART Prepaid Phone Kit can be found in https://help.smart.com.ph/article/smart-tnt-and-sun-guidelines-on-device-unlocking.
4. The Service requires for its use, reload of value through SMART Call and Text Card, SMART Data Card, eLoad, PasaLoad or SOS Load. After value is loaded into the SMART Prepaid SIM Card, such value shall be valid for a specific period of time as determined by the Company. Any unloaded SMART Call and Text Card or SMART Data Card shall expire on the date shown at the reverse portion of the card.
5. The Service shall be PERMANENTLY DISCONNECTED if the Subscriber fails to reload value into his account within this specific period after the prepaid balance is completely consumed as determined by the Company. The Company shall not cause the reconnection of a PERMANENTLY DISCONNECTED Service. Mobile numbers associated with the disconnected SMART Prepaid SIM Cards cannot be reacquired. A new SMART Prepaid SIM Card must be purchased to avail of the Service. This will have a different mobile number. Requests for a change of mobile number will not be allowed. The Company shall not be held responsible to replace any permanently disconnected SIM cards.
6. The Subscriber is allowed only ten (10) attempts per calendar day to correctly load a value of the SMART Data, Call and Text Card. Otherwise, the Subscriber will have to wait for the next day (12:00 midnight) to correctly load the SMART Call and Text Card or SMART Data Card.
7. All outgoing calls and text messages will be charged based on prevailing tariff rates, plus all applicable toll charges and taxes. The use of the Service (including, but not limited to, calls to wrong numbers, fax tones, answering machines, subscriptions to and availments of value-added services) shall be the Subscriber’s sole responsibility regardless of who actually made the calls or sent the text messages.
8. The security and care of the handset, SMART Prepaid SIM Card, SMART Call and Text Card, SMART Data Card and the secret codes (PIN1, PIN2, PUK1, PUK2, and OTP) shall be the Subscriber’s full responsibility. The Company has no obligation to answer inquiries regarding these secret codes. Furthermore, the Company is under no obligation to provide call details or itemized bills for calls and text messages made or received using the Service. Steps in retrieving PUK is available on https://help.smart.com.ph/article/prepaid-how-to-unblock-sim-card.
9. The SMART Prepaid SIM Cards, SMART Call and Text Cards, SMART Data Cards, SMART Phone Kits and any airtime values are non-refundable and non-replaceable in the event of loss, theft, or damage due to misuse, mishandling or neglect. The SMART Prepaid SIM Card found inherently defective will be replaced within seven (7) days from date of activation. Inherently defective SMART Prepaid Card (no PIN, incomplete PIN, unclear numbers) can be replaced only if there has been no prior usage of the card. Inherently defective handsets of the SMART Prepaid Phone Kits can be replaced within fifteen (15) days from date of purchase. All replacements due to defects are subject to the investigation and validation of the Company’s Customer Care upon presentation of required documents.
10. The Company’s liability for the loss or damage caused by defects in the performance or nonperformance of the Service, shall be limited to a credit in the Subscriber’s favor for the amount paid for the SMART Prepaid SIM Card, SMART Data, Call and Text Card, or SMART Phone Kit. The Company shall not be liable for any failure of the Service or for any loss, damage, theft, and misuse of the SMART Prepaid SIM Card, SMART Data, Call and Text Card, or any handset used as part of the Service.
11. Except as otherwise provided herein, the Company does not expressly or impliedly warrant the condition or merchantability of the information or communication services provided through the Service for any particular use or purpose. All information and translations are provided on an “AS IS” basis.
12. If the Subscriber, or any other person, at the sole discretion of the Company, is found to use the Service for any fraudulent purpose or illegal activities, or is found to use abusive and/or indecent language to other subscribers or Company staff, the Company reserves the right to disconnect the Service and/or refuse to reconnect the Subscriber. The Company also reserves the right to file the appropriate legal action against the erring Subscriber or person/s concerned, and to charge the appropriate pre-termination fee, if any.
The Subscriber’s right to use the Service is personal to the Subscriber. The Subscriber shall not engage in the following activities (“Unauthorized Activities”): a.) Resale or any commercial use of the Service, without the prior express written consent of the Company; b.) Utilization of the Service in bypassing or in activities that tend to bypass the Company’s network, billing and/or traffic routing; c.) Use of the Service in prohibited services like callback, dial back, unauthorized audio text, international and national simple resale (ISR/NISR), international revenue share fraud
(IRSF), premium rate service (PRS) fraud, internet fraud, hacking, SMS spamming, SMS flooding, SMS hoax, and other similar services; or d.) Tampering, altering, modification, or unauthorized programming of the SIM Card or its digital reference.
The Subscriber shall likewise be liable to the Company for any and all damages resulting from any of the above Unauthorized Activities.
The Subscriber shall be liable to the Company for any and all compensation fee on account of any of the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation fee is payable, without any limitation from the time the Unauthorized Activity occurred until the actual cessation thereof. A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall be charged against the subscriber if proven accountable for such Unauthorized Activity. For this purpose, the Company has the right to full access to the relevant books and all other records of the Subscriber in order to ascertain the volume of traffic and total amount of compensation fee payable. In the absence of said record, the Company shall have the sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the Service for any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty (the “Illegal Activities”). The Subscriber agrees to indemnify and hold the Company free and harmless from any liability, suit, or damage arising from or connected with the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber further authorizes the Company to supply any and all information requested by any law enforcement or government agency/ies, or other private entities, the latter within the limits provided for by law, relative to the Subscriber’s subscription to the Service. In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages.
13. The Company shall not be liable for any loss, costs, compensation, damage or liability to the Subscriber or any third party arising directly or indirectly out of or in connection with the provision or use of the Service including, without prejudice to the generality of the foregoing, any loss, costs, compensation, damage or liability to the Subscriber or third parties caused by:
a.) any delay, interruption, or termination of the Service, whether caused by administrative error, technical, mechanical, electrical, or electronic fault or difficulty or any other reason or circumstances beyond the Company's control (including, but not limited to, acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation); b.) any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from the Subscriber howsoever caused; c.) theft or unauthorized use of the SIM Card or any loss, costs, damages, or compensation incurred by or payable to any third party by the Subscriber; or d.) transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or vulgar messages or information.
14. The Company reserves the right to disconnect or refuse to connect the Service in the event that the Subscriber is found to have used it for any unlawful, fraudulent, illicit or abusive purpose, as determined by the Company.
15. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems of the phone or of any phone network, or any combination thereof, including any injury or damage to users or any other person’s phone related to or resulting from participation in or sending or receiving of any communication of any materials in this Service.
16. Data Privacy
16.2 The Company does not include subscriber details in any directory or directory-enquiry service. If the Subscriber wants to have subscriber information included in these services, the Subscriber should contact the Company.
16.3 The Subscriber may be contacted by the Company and its affiliates via any of the following channels: SMS, call out, email, USSD and its other digital assets, such as online apps.
16.4 The Subscriber may amend, update, revise or delete certain parts of the personal data provided to the Company at any time via app, email, phone call or visit to the SMART Stores.
16.5 The Subscriber may also take all the personal data details that the Subscriber provided to the Company when upon leaving the network. This may be provided to the Subscriber via a PDF file upon request of the Subscriber.
17. By using the Service, the Subscriber expressly releases and agrees to keep the Company indemnified from any claim, cost, demand, tax, liability or damage suffered or incurred by the Company or its directors, employees or agents, arising directly or indirectly out of entry into the Service.
18. Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Service) is provided by the Company, its content providers and or third party licensors. The intellectual property rights to or over the contents contained in the content belong to the Company, its content providers and/or third party licensors. All rights are reserved. The contents of the Service cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical photocopying or recording. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Service may not be used for commercial purposes or distributed commercially.
19. These Terms and Conditions shall be in effect from the date of availment of the Service.
20. The Company reserves the right at its absolute discretion to modify, delete or add to any of the Terms and Conditions of this Agreement at any time without further notice. It is the Subscriber’s responsibility to regularly check any changes to these Terms and Conditions available in the Company’s website. The Subscriber’s continued use of the Service after any such changes constitutes acceptance of the new Terms and Conditions.
21. These Terms and Conditions shall be construed in accordance with Philippine law, including matters on enforcement and performance. All suits involving the Service shall be filed with the proper courts in Makati City, Metro Manila, Philippines only.