WALMART FAMILY MOBILE TERMS AND CONDITIONS, AGREEMENT TO ARBITRATE DISPUTES, AND EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM WALMART FAMILY MOBILE
I. Agreement to Arbitrate Disputes
II. Express Written Consent to Receive Communications
III. Terms and Conditions of Service
IV. Return Policy
V. Limited Warranty
VI. Unlocking Policy
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 I BELOW.
Binding Agreement. Please read these Terms and Conditions of Service, Agreement to Arbitrate Disputes, and Express Written Consent to Receive Communications from Walmart Family Mobile (“Agreement” or “Terms and Conditions”) carefully. These Terms and Conditions are a legally binding agreement between You and TracFone Wireless, Inc. d/b/a Walmart Family Mobile (“Walmart Family Mobile”), which is a Delaware corporation that maintains its principal place of business in Miami, Florida. Walmart Family Mobile is a registered trademark of Verizon Trademark Services, LLC, a Verizon company.
You must be of legal age in your state of residence in order to enter into this Agreement. Except where we've agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws and rules of that state.
Acceptance of Terms and Conditions. Your acceptance of the Terms and Conditions in this Agreement occurs when you do the earliest of any of the following actions (i) receive notice or a copy of the Walmart Family Mobile Terms and Conditions; (ii) give Walmart Family Mobile a written or electronic signature, or tell Walmart Family Mobile orally that You accept; (iii) use a Walmart Family Mobile Product (“Product”) or Walmart Family Mobile Service (“Service); (iv) activate or continue Service; (v) register Your Account with Walmart Family Mobile; (vi) use Your Service after Your Service is activated; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Product. For assistance or more information, please contact Walmart Family Mobile Customer Care at 1-877-440-9758.
Walmart Family Mobile reserves the right to change or modify any of these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions are effective and will be binding upon you when posted on our website at myfamilymobile.com. Because these Terms and Conditions are subject to change at any time, you should always check our website for the most current Terms and Conditions. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change, unless you want them to apply to a pending dispute. For assistance or more information about your Walmart Family Mobile Product or Service, please contact Walmart Family Mobile Customer Care at 1-877-440-9758.
I. Agreement to Arbitrate Disputes
Important Notice: Many customer concerns can be resolved quickly and to your satisfaction by contacting the Customer Care Department, at1-877-440-9758. If we are unable to resolve your dispute, then you and we agree to resolve all disputes in arbitration or small claims court as described below.
YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES IN ARBITRATION MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD, SUBJECT TO THE LIMITS ON ARBITRATOR AUTHORITY SET FORTH BELOW. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES OR AS SPECIFICALLY NOTED BELOW, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT, INCLUDING THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PORTION OF THIS AGREEMENT (INCLUDING THE AGREEMENT TO ARBITRATE) EXCEPT AS NOTED BELOW, OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US, OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES, OR FROM OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH PRODUCTS OR SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AS EXPLAINED BELOW IN PARAGRAPH 2. YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
(2) UNLESS YOU AND WALMART FAMILY MOBILE AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AND THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF $25,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE. ALTERNATIVELY, FOR CLAIMS WITHIN THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT IN THE STATE ENCOMPASSING YOUR BILLING ADDRESS, EITHER YOU OR WALMART FAMILY MOBILE CAN CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT INSTEAD OF PROCEEDING IN ARBITRATION; FURTHERMORE, IF THE CLAIMS IN ANY REQUEST OR DEMAND FOR ARBITRATION COULD HAVE BEEN BROUGHT IN SMALL CLAIMS COURT, THEN EITHER YOU OR WALMART FAMILY MOBILE MAY CHOOSE TO HAVE THE CLAIMS HEARD IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, AT ANY TIME BEFORE THE ARBITRATOR IS APPOINTED, BY NOTIFYING THE OTHER PARTY OF THAT CHOICE IN WRITING. IF THIS PROVISION OR THE LIMITATION ON BRINGING ACTIONS TO SMALL CLAIMS COURT IS FOUND TO BE INVALID, THEN THIS PROVISION SHALL BE SEVERABLE AND THE MATTER WILL PROCEED IN ARBITRATION; IN NO WAY WILL THIS PROVISION ALLOW FOR AN ACTION TO BE BROUGHT ON A CLASS OR COLLECTIVE BASIS.
(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO WALMART FAMILY MOBILE SHOULD BE SENT TO: TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, Florida 33178. THE NOTICE MUST INCLUDE ENOUGH INFORMATION TO ALLOW US TO IDENTIFY YOUR ACCOUNT AS WELL AS TO ASSESS AND ATTEMPT TO RESOLVE YOUR CLAIM, INCLUDING THE NAME OF THE WALMART FAMILY MOBILE WIRELESS ACCOUNT HOLDER, THE MOBILE TELEPHONE NUMBER AT ISSUE, A DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE DAMAGES YOU CLAIM TO HAVE SUFFERED AND THE RELIEF YOU ARE SEEKING. THE NOTICE REQUIREMENT IS DESIGNED TO ALLOW WALMART FAMILY MOBILE TO MAKE A FAIR, FACT-BASED OFFER OF SETTLEMENT IF IT CHOOSES TO DO SO. YOU CANNOT PROCEED TO ARBITRATION UNLESS YOU PROVIDE THIS INFORMATION. YOU MAY CHOOSE TO BE REPRESENTED BY AN ATTORNEY OR OTHER PERSON AS PART OF THIS PROCESS, BUT IF YOU DO, YOU MUST SUBMIT A LETTER OR THE FORM AVAILABLE AT:
https://www.tracfonewirelessinc.com/attorneyauthorizationform
AUTHORIZING US TO DISCUSS YOUR ACCOUNT INFORMATION WITH THIS ATTORNEY OR OTHER PERSON. THE SUFFICIENCY OF THIS NOTICE IS AN ISSUE TO BE DECIDED BY A COURT PRIOR TO THE FILING OF ANY DEMAND FOR ARBITRATION. IF YOU HAVE PROVIDED THIS INFORMATION AND WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 60 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE AT THE CONCLUSION OF THE ARBITRATION IF YOU FULLY PARTICIPATE IN THE PROCEEDING. WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED BY THE ARBITRATION TRIBUNAL. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FILED FOR PURPOSES OF HARASSMENT OR IS PATENTLY FRIVOLOUS, THE ARBITRATOR WILL REQUIRE YOU TO REIMBURSE WALMART FAMILY MOBILE FOR ANY FILING, ADMINISTRATIVE OR ARBITRATOR FEES ASSOCIATED WITH THE ARBITRATION.
(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(6) IF 25 OR MORE CUSTOMERS INITIATE NOTICES OF DISPUTE PURSUANT TO PARAGRAPH 4 ABOVE OR FILE A COMPLAINT IN COURT, WHICH RAISE SIMILAR CLAIMS, AND COUNSEL FOR THE WALMART FAMILY MOBILE CUSTOMERS BRINGING THE CLAIMS ARE THE SAME OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN ARBITRATION IN A COORDINATED PROCEEDING. COUNSEL FOR THE WALMART FAMILY MOBILE CUSTOMERS AND COUNSEL FOR WALMART FAMILY MOBILE SHALL EACH SELECT FIVE CASES TO PROCEED FIRST IN ARBITRATION IN A BELLWETHER PROCEEDING. ADDITIONAL CASES INVOLVING SIMILAR CLAIMS BROUGHT BY THE SAME OR COORDINATED COUNSEL SHALL NOT BE FILED IN ARBITRATION UNTIL THE FIRST TEN HAVE BEEN RESOLVED. IF THE PARTIES ARE UNABLE TO RESOLVE THE REMAINING CASES AFTER THE CONCLUSION OF THE BELLWETHER PROCEEDING, EACH SIDE MAY SELECT ANOTHER FIVE CASES TO PROCEED TO ARBITRATION FOR A SECOND BELLWETHER PROCEEDING. THIS PROCESS MAY CONTINUE UNTIL THE PARTIES ARE ABLE TO RESOLVE ALL OF THE CLAIMS, EITHER THROUGH SETTLEMENT OR ARBITRATION. IF SUCH A PROCESS IS INITIATED, THE FILING OF A NOTICE OF DISPUTE BY A CUSTOMER IN ACCORDANCE WITH PARAGRAPH 4 OR FILING OF A COMPLAINT IN COURT WILL TOLL ALL APPLICABLE STATUTES OF LIMITATIONS FOR THAT CUSTOMER’S DISPUTE UNTIL THE COMPLETION OF THE PROCESS DESCRIBED IN THIS PARAGRAPH. A COURT WILL HAVE AUTHORITY TO ENFORCE THIS PARAGRAPH INCLUDING BY ENTERING AN INJUNCTION TO PROHIBIT FILINGS IN VIOLATION OF THIS PARAGRAPH.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS OR THE LIMITS ON THE ARBITRATOR’S AUTHORITY SET FORTH IN SUBSECTION (3) OR THE PROCESS SET FORTH IN SUBSECTION (6) CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WALMART FAMILY MOBILE AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THERE WILL NOT BE A JURY TRIAL. YOU AND WALMART FAMILY MOBILE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
II. Express Written Consent to Receive Communications from Walmart Family Mobile
By agreeing to these Terms and Conditions, you expressly consent to and authorize Walmart Family Mobile and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact you for any reason, including regarding information about your Service, Service reminders, payment reminders, payment confirmations, renewal confirmations, requisite notices and marketing of any kind, including offers, solicitations, and promotions. This consent includes but is not limited to contact by manual calling methods, prerecorded or artificial voice messages, text messages, push notifications, emails, and/or automatic telephone dialing systems. You agree that Walmart Family Mobile and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or the telephone number that you are assigned for your Walmart Family Mobile Service, to contact you for any reason, regardless of whether you incur charges as a result.
Subject to your right to opt out as set forth below, this consent may not be revoked. You have the right to opt out from receiving marketing communications from Walmart Family Mobile at any time. You may exercise this right to opt out by, among other things, writing to us at Walmart Family Mobile, Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, Florida 33178, opting out or unsubscribing from email or SMS marketing through available set mechanisms, or calling 1-877-440-9758. If you choose to communicate your choice to opt out by writing to us, your letter must indicate your name, Walmart Family Mobile phone number and device IMEI, and state that you are opting out from receiving marketing communications from Walmart Family Mobile.
III. Terms and Conditions of Service
1. Activating Your Service
To use your Service, you must first purchase and activate a Walmart Family Mobile phone (“Phone”) or a SIM Kit (“SIM Kit”) that can be used to activate a compatible Phone that you already own under the Bring Your Own Phone program. At the time of purchase, you may be charged applicable taxes, fees or surcharges set by federal, state or local governments. To activate your phone, you must also purchase and redeem a wireless plan (a “Plan”). For more information about our Plans, visit us at www.myfamilymobile.com.
You may activate your Service by visiting our website at www.myfamilymobile.com 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 be provided a telephone number unless you elect to transfer or “port in” a telephone number from 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.
Walmart Family Mobile Service can only be activated where the Service is offered, available and supported. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by Walmart Family Mobile are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Walmart Family Mobile.
Bring Your Own Phone. If you are activating your own compatible phone under the Bring Your Own Phone program, you are responsible for ensuring that your 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. Phones capable of only using data service are strictly prohibited and your use of such a Phone with the Service is grounds for immediate termination of your Service without a refund.
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. Plans have no cash value and are non-refundable. Plans cannot be transferred to another account nor can they be used with or transferred to another brand owned by TracFone Wireless, Inc. or another wireless service provider. No refunds or discounts will be given for (i) unused Service that expires after your Service End Date; (ii) unused Service if your Phone is lost or stolen; or (iii)Plans purchased that are not compatible or supported by your Phone.
2. Using Your Service
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 come with a certain number of days of Service (“Service Days”) per Plan cycle. You will have Service under your Plan so long as you do not reach your maximum allotment of minutes or data (to the extent they are capped) and so long as you have Service Days left on your Plan cycle. The Services that come with our Plans (e.g., talk, text and data) vary and change from time to time. For the latest information about our Plans, including any limitation that may apply, please visit our website or call Customer Care. If you purchase a Plan at a retail location, your Service Card will contain a PIN that you must redeem to activate your Service. Multi-line Plan Service Cards will contain a separate PIN for each line. Note that, if you purchase a multi-line Plan at a retail location, you must redeem all of the PINs on your Service Card within thirty (30) days of each other. If you do not redeem multi-line Plan PINs within thirty (30) days of redeeming the first PIN on your multi-line Plan, you will forfeit the unredeemed PINs’ value.
If you are renewing your Service online or enrolling in Auto Pay and you have multiple lines in your Account with different Service End Dates, your Account will be prorated on the earliest Service End Date. The line with the earliest Service End Date will renew on its regular date and extend your Service for that line for thirty (30) days. Your additional lines (lines 2-5) will be charged a lesser, prorated amount that will cover the period (less than thirty (30) days) until the first line’s Service End Date. In the next Plan cycle, all lines will renew Service on the same date.
Please note that if you elect to transfer or “port out” your telephone number to another provider, you will need to have available the Number Transfer Pin that we provide you, plus certain account information. Once your phone number is transferred, your Walmart Family Mobile Service will be deactivated immediately and you will lose any unused Service days remaining in your Plan. For assistance with this process, please contact Customer Care via any of our available channels.
3. Adding Lines of Service
Each Account representing a single line of Service (each, a “Line”) may add up to four (4) additional lines of Service (“Additional Lines”). To add an Additional Line of Service to your Account, you must first purchase and redeem a separate Plan for the Additional Line. Multiple Lines of Service are not allowed to and cannot share Service.
Although you may add more than one Additional Line to your Account, the Account Renewal Date for all Lines within an Account will be the same as the Account Renewal Date of the first Line activated under the Account (“First Line”) regardless of when you purchased and redeem a Plan for any of the Additional Lines.
For each Additional Line of Service you add to your Account, you may receive a discount for that Additional Line (“Add a Line Discount”) starting on your second (2nd) monthly Plan Cycle provided that you have purchased a Plan online, through our toll free number, via Auto Pay, or at a Walmart Money Center that accepts payment for Plans. Discounts are not applicable towards Plans purchased at Walmart Stores in the form of cards. To be eligible for an Add a Line Discount, your First Line needs to be active.
Customers who add one or more Additional Lines after their First Line and elect to purchase their next Plan for the Additional Lines by their Account Renewal Date, will receive a prorated discount based on the time each of the Additional Lines were activated. This discount is calculated and applied during the second (2nd) month of your Plan Cycle, provided that all Lines associated with the Account are active.
Although the First Line of Service will never be eligible to receive a discount, all of the Additional Lines under an Account will receive the applicable discount provided you continue to purchase the Plans for the Additional Lines prior to your Account Renewal Date by going online, through our toll free number, via Auto Pay, or at a Walmart Money Center that accepts payment for Plans.
If the Service on one or more of your Additional Lines lapses and is deactivated because you failed to purchase and redeem a Plan prior to your Account Renewal Date, you will not be eligible to receive a discount the first time you elect to reactivate the Additional Line. You will be required to pay the full price of a Plan upon reactivation of the Additional Line. Upon reactivating your Additional Line, you will receive a full month of Service which may provide your Additional Line with Service past the Account Renewal Date associated the First Line. After your full month of Service, if you have signed up for Auto Pay or if you are purchasing a Plan at a Walmart Money Center, your Account will be billed a prorated amount and be provided with a prorated amount of Service so that your Additional Line will now have the same Account Renewal Date again as your First Line. All subsequent purchases of Plans for Additional Lines made online, through our toll free number, via Auto Pay, or at a Walmart Money Center that accepts payment for Plans which are made on a timely basis (i.e., prior to your Account Renewal Date) will be eligible to receive a discount.
4. Auto Pay
If you wish to purchase Plans on a recurring basis, you may enroll in Auto Pay by registering your credit or debit card and selecting the Auto Pay option for your Account via the Walmart Family Mobile website, or by calling Customer Care. When you enroll in Auto Pay, new Plans will be automatically purchased for all of the Lines associated with your Account each month three (3) days prior to your Account Renewal Date. You will be automatically charged for the cost of the Plans purchased taking into account any Add a Line Discounts you are eligible to receive. If you have multiple lines on your Account, when you enroll in Auto Pay, all lines on your account will be enrolled in Auto Pay and all lines will be charged for Auto Pay on the same date. By enrolling in Auto Pay, you agree to receive communications from Walmart Family Mobile regarding your enrollment including, without limitation, upcoming payment dates or unsuccessful payment notifications. In the event that your Auto Paypayment is unsuccessful, Auto Pay will be suspended on your Account. If you make a payment within ten (10) days of an unsuccessful Auto Pay payment using the same or a new debit or credit card, you agree that we may resume your Auto Pay enrollment so that your recurring Plan purchases will continue on a recurring basis. TracFone reserves the right to terminate this program at any time.
5. 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, subject to the acceptance of the then-current Terms and Conditions for Service at the time of such reactivation. Any Service which remains unused at the time of termination 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 Walmart Family Mobile 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 the Service 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.
6. Unauthorized Use of Service
Your Service (i.e., voice, text, or data services) may only be used for the following purposes, without excessively contributing to network congestion: (a) person to person voice calls, (b) text and picture messaging, (c) web browsing, email, ordinary content downloads and uploads, and video, game and audio streaming, and (d) Voice over Internet Protocol (VoIP).
Your Service may not be used in connection with certain unauthorized uses that may adversely impact other customers using our Service or the Carrier’s network, as well as any illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that violates trade and economic sanctions and prohibitions as promulgated by the departments of Commerce, Treasury or any other U.S. government agency. 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 to another mobile device or e-mail address including, without limitation, generating “spam” or unsolicited commercial or bulk texts or e–mails (or activities that facilitate the dissemination of such texts or e–mails);
(iii) uninterrupted and continuous web browsing, 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) use of your smartphone or your mobile hotspot to resell internet connectivity, or to provide internet connectivity for the primary purpose of crypto-mining or adding, securing, or verifying transactions to a blockchain or any blockchain-based cryptocurrencies;
(vii) any use of smartphone data meant to be used exclusively on the smartphone device to provide connectivity, directly or indirectly, to other devices, including but not limited to, routers, jetpacks, modems, Smart TVs, computers, tablets or servers and/or serving as a replacement for your home internet service. Provided, however, that providing connectivity to other devices is permitted through mobile hotspot/tethering that is limited to the amount of data allocated with your Plan;
(viii) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (ix) below) or otherwise degrade network capacity or functionality;
(ix) “auto–responders,” “cancel–bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e–mail use by others;
(x) any activity that adversely affects the ability of other users or systems to use either Walmart Family Mobile’s services or the Internet–based resources of others, including the generation or dissemination of viruses, malware, or “denial of service” attacks;
(xi) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Walmart Family Mobile’s or another entity’s network or systems;
(xii) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions.
We may investigate, and may ask you to provide an explanation, to determine whether such usage violates these Terms and Conditions.
A customer engaged in any unauthorized use may have their Service suspended and/or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. In our sole discretion, we will presume you are engaging in an unauthorized use in violation of these Terms and Conditions if, during a thirty (30) day period, you are calling for over 43,200 voice minutes, or sending over 30,000 text messages (or 3,000 over a 24-hour period), placing calls of an unusually long duration, or if your data, talk or text usage is otherwise disruptive to the Carrier’s network or to our customer service levels.
7. Text Messaging
Walmart Family Mobile 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 Walmart Family Mobile. Premium SMS campaigns include casting a vote, donating to a charity, 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 Walmart Family Mobile. Any text message you send to a “short code” not authorized by Walmart Family Mobile 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 Walmart Family Mobile are not refundable.
8. International Long Distance
Customers who want to add international long distance voice service (“ILD Service”) to a Line may purchase an Extras Pack card which provides international long distance voice services and international roaming (“ILD Card”). Walmart Family Mobile’s ILD Service allows you to place calls to select international locations. To determine if your location is available and the applicable rate for dialing a number associated with that location, please check our website. All rates and available locations are subject to change at any time without prior notice. Calls are billed in one-minute increments. Call times for each call are rounded up to the next whole minute. 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.
The ILD Card also allows you to roam internationally in Canada, Mexico, and the Dominican Republic. For more information about international roaming, please see Section 11 below.
An ILD Card must be used with another Plan for it to work. You may add multiple ILD Cards to each Line of Service within your Account. Your ILD Service will only work when your Service is active. An ILD Card does not have any days of Service associated with it and it will not extend your Account Renewal Date. An ILD Card cannot be used to activate Service on your Phone and will not provide you with any service unless you have purchased and redeemed a Plan.
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. ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers. 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.
9. Data Services
Most Walmart Family Mobile 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 to, 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 Plans include a fixed amount of high speed data at 4G speeds, 4G LTE or 5G compatible, depending on which Plan you select. After your high speed data threshold is reached, your data speeds will be reduced to as low as 64 kbps for the remainder of your Plan cycle. Your high speed data allowance will automatically reset each time you start your new Plan cycle, however, none of your unused high speed data will rollover. Once you start a new Plan cycle, you will lose any unused data and Service Days remaining on your current Plan. You will not receive a refund or credit for any unused data or Service Days you lose once a new Plan cycle begins.
If your data speeds are reduced, the reduced speeds may impact the functionality of some data applications, such as streaming audio or video or web browsing. 4G/4G LTE/5G networks are not accessible on all devices or in all locations. 4G/4G LTE/5G networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. Data transmitted over Wi-Fi does not count against your data usage.
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 Walmart Family Mobile is the provider of such content, You agree that Walmart Family Mobile is not responsible for the purchase, download, transfer, installation, use, transmission failure, interruption, or delay, or any web content, app store, or 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 Walmart Family Mobile. 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 Walmart Family Mobile 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 Walmart Family Mobile’s Data Services, you agree and authorize Walmart Family Mobile 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 Walmart Family Mobile Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Walmart Family Mobile’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.
Prioritization, Availability, Interruptions, and Discontinuation to Data Services. 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 Walmart Family Mobile 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 Walmart Family Mobile 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.
Walmart Family Mobile 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. Walmart Family Mobile 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, Walmart Family Mobile will not provide you with a refund for any remaining used or unused Data Services.
10. Coverage Maps
Our website contains a coverage map depicting the geographical areas where our Service is available. These maps are for general informational purposes only and depict the general coverage area of Walmart Family Mobile. Walmart Family Mobile 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 phone features, 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 on your Phone. Some features on your Phone 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 Walmart Family Mobile’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 may also vary based upon the Walmart Family Mobile plans you select. Walmart Family Mobile is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
11. Roaming
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, Walmart Family Mobile 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, Walmart Family Mobile reserves the right to terminate the Service of any Walmart Family Mobile customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a twelve (12) month period.
International Roaming. International roaming is not offered by Walmart Family Mobile and is strictly prohibited unless you have purchased an ILD Card which allows for international roaming in select locations. Check our website for more information about which locations allow for international roaming with the purchase of an ILD Card. Subject to the foregoing exception, if you are traveling outside of the United States or Puerto Rico you will not be able to make or receive calls using your Service. 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.
12. 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.
TTY Limitations for 911 Calls: Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.
13. Emergency Calls
If you are in an area where your 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 Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
14. Disclaimer of Warranties
WALMART FAMILY MOBILE PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WIRELESS, INC. D/B/A WALMART FAMILY MOBILE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION V (LIMITED WARRANTY), WALMART FAMILY MOBILE 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 PRODUCT OR SERVICE.
You acknowledge and agree that use of any Walmart Family Mobile 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 Walmart Family Mobile’s control. Not all Products or Services (including Plans) 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, suspended, 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. Walmart Family Mobile 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 Walmart Family Mobile, nor any Carrier, shall have any liability for Service failures, outages, interruptions, delays, 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 aspects of the Service, including Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. At any time, Walmart Family Mobile reserves the right to substitute and/or replace any Product or Service with another Product or Service of comparable quality.
15. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER TRACFONE WIRELESS, INC. D/B/A WALMART FAMILY MOBILE NOR ITS EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE TO YOU OR OTHER USERS OF YOUR WALMART FAMILY MOBILE PRODUCT OR SERVICE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR ENHANCED DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES CLAIMED FOR LOSS OF PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION) HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED). IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF TRACFONE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), AND SUCH LANGUAGE SHALL BE EXCLUDED TO THE EXTENT OF SUCH INVALIDITY OR UNENFORCEABILITY; ALL OTHER TERMS IN THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree that neither we nor our employees, 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 Services, including, but not limited to, deficiencies or problems with a Phone or Service coverage (for example, dropped, blocked, interrupted Service, etc.); (d)accidents or any health-related claims arising from or related to our Products or Service; (e) content or information accessed on your Phone while using our Products or 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; (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; (k) unauthorized access or changes to your account or device; or (l) the use of your account or device by others to authenticate, access or make changes to a third-party account, such as a financial or cryptocurrency account, including changing passwords or transferring or withdrawing funds. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
16. Unauthorized Use of Products
Walmart Family Mobile Products and Service are sold exclusively for use by you, the end consumer. The unauthorized use or resale of your Walmart Family Mobile Phone constitutes a violation of your Agreement with Walmart Family Mobile and will invalidate the Limited Warranty associated with your Phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Walmart Family Mobile phone in a manner which conflicts with Walmart Family Mobile’s Unlocking Policy referenced in Section VI below. You also agree not to use unauthorized PINs with your Phone or engage in any other unauthorized or illegal use of your Walmart Family Mobile Phone or the Service, or assist others in such acts, or to sell and/or export Walmart Family Mobile Phones outside of the United States. Any attempt to unlock your Walmart Family Mobile Phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Walmart Family Mobile Phone 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 Walmart Family Mobile Phone may result in the immediate suspension or termination of your Walmart Family Mobile Service without notice and legal action. Walmart Family Mobile will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your Walmart Family Mobile Phone shall entitle Walmart Family Mobile to recover liquidated damages from you in the amount of not less than $5,000 per Walmart Family Mobile Phone purchased, sold, acquired, or used in violation of this provision. For more information about the unauthorized use of Walmart Family Mobile Phones refer to www.stopcellphonetrafficking.com.
If your Walmart Family Mobile Phone has a SIM card or if you have purchased a SIM Kit, 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. Walmart Family Mobile and its Carriers or other 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 Service and you will not be entitled to receive a refund for your Product or for any unused Service.
17. Indemnification
You agree to indemnify and hold harmless TracFone Wireless, Inc., d/b/a Walmart Family Mobile and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns (“Walmart Family Mobile Indemnified Parties”) from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party (“Claims”) including the costs, expenses, and attorneys’ fees on account thereof (“Costs”) arising from or related to your use of a Walmart Family Mobile Product or Service or your breach of this Agreement, whether based in contract or tort (including strict liability) and regardless of the form of action.
If in connection with your Walmart Family Mobile Products or Services, you provide us with a telephone number(s) for which you are not the subscriber, you understand that you will indemnify and hold harmless the Walmart Family Mobile Indemnified Parties for any Costs incurred as a result of us attempting to contact you at the number(s).
18. Privacy Policy
Accepting this Agreement means that you also agree to our Privacy Policy, available athttps://www.tracfonewirelessinc.com/en/Privacy+Policy/, which may be updated from time to time and describes the information we collect, how we use and share it, and the choices you have about how certain information is used and shared. We will notify you or ask for your permission, as appropriate, if we plan to use your information for additional purposes. If applicable, it is your responsibility to let the people who connect devices through your mobile hotspot, Jetpack or wireless router know that we will collect, use and share information about their device and use of the Service as described in our Privacy Policy.
Many services and applications offered through your device may be provided by third parties. When you access and use third-party services, including third-party services which Walmart Family Mobile may make available as part of or in connection with your Walmart Family Mobile Service, you are subject to the terms of service and privacy policy issued by those third-party providers when using their services. You should review their applicable terms and privacy policy before you use, link to or download a service or application provided by a third party.
19. Entire Agreement
This Agreement constitutes the entire Agreement between You and TracFone Wireless, Inc. with respect to any Walmart Family Mobile 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. Except as expressly provided in section I, 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.
IV. 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. Walmart Family Mobile does not allow returns or provide refunds for any SIM Starter Kits or Plans you may have purchased.
Purchases made at a Walmart Store. If you purchased a Walmart Family Mobile Phone from a Walmart store (and not from TracFone directly either by phone or online), your Phone purchase is subject to Walmart store’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. Walmart Family Mobile will not process the return of any Walmart Family Mobile Phone sold to you by Walmart.
Online Purchases made on Walmart.com. If you purchased your Walmart Family Phone from walmart.com, 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 Walmart Family Mobile’s official website and the IMEI number 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 the Phone is not in like-new condition, your shipment may not be accepted. If a Phone has physical or liquid damage, it cannot be returned and a credit will not be issued. Walmart Family Mobile 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 Phone 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.
V. Limited Warranty
All new Walmart Family Mobile Phones (except iPhones) are covered by a one (1) year limited warranty administered by Walmart Family Mobile as set forth below.
All reconditioned or refurbished phones sold by Walmart Family Mobile (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Walmart Family Mobile.
New Apple iPhones are covered by a one-year limited warranty offered and administered by Apple. Please visit apple.com for more information.
To the extent available for purchase, refurbished iPhones and certified pre-owned Phones are not covered by a limited warranty but may be returned for a refund within thirty (30) days of purchase.
A Phone that you own which was not purchased from Walmart Family Mobile but that is registered with Walmart Family Mobile 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 Walmart Family Mobile 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 Product(s) 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 Walmart Family Mobile, 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, Walmart Family Mobile will replace or repair, at Walmart Family Mobile’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. Walmart Family Mobile 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. Walmart Family Mobile’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 Walmart Family Mobile for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. Walmart Family Mobile 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 Walmart Family Mobile, 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, “cancel-bots” or damage caused by the connection to other products not recommended for interconnection by Walmart Family Mobile.
(c) Walmart Family Mobile 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. Walmart Family Mobile 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. Walmart Family Mobile 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 Walmart Family Mobile 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 Walmart Family Mobile. 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.
VI. Unlocking Policy
Unlocking a Walmart Family Mobile device refers to disabling software that would otherwise prevent you from activating the device on another carrier’s network. However, due to different carrier technologies, an unlocked Walmart Family Mobile device may not work, or may experience limited functionality, on another carrier’s network. Walmart Family Mobile is not responsible for any limitations of service, or otherwise, resulting from the use of an unlocked device on another provider’s network.
For Customers with Apple devices: Walmart Family Mobile will automatically unlock the device when it becomes eligible for unlocking. For all Apple devices activated with Walmart Family Mobile prior to November 23, 2021, the device will be automatically unlocked after twelve (12) months of active Walmart Family Mobile Service. For Apple devices activated with new Walmart Family Mobile Service on the Walmart Family Mobile network on or after November 23, 2021, the device will be automatically unlocked sixty (60) days after activation in the absence of an indication of fraud.
For Customers with non-Apple devices: Walmart Family Mobile will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(a) If the Walmart Family Mobile device was activated with Walmart Family Mobile Service prior to November 23, 2021, then the device must have been active on Walmart Family Mobile Service for no fewer than twelve (12) months with Service Plans redeemed in no fewer than twelve (12) months. If the Walmart Family Mobile device was activated with new service on the Walmart Family Mobile network on or after November 23, 2021, then at least sixty (60) days must have elapsed since the device was activated.
(b) The device must be in working condition.
(c) The device has not been reported stolen or lost, and there are no indicators of fraud.
If you have not met the required minimum period of active Walmart Family Mobile Service, Walmart Family Mobile may unlock your device, but you will incur a charge of up to $300, depending on how long your service was active prior to the unlocking request.
Customers who would like to check if they are eligible or submit an unlocking request can do so online at https://www.tfwunlockpolicy.com/wps/portal/home/ or by calling 1-888-442-5102.
Walmart Family Mobile may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Walmart Family Mobile or its customers. Walmart Family Mobile’s Unlocking Policy is subject to change at any time without advance notice.
Unlocking Policy for Deployed Military Personnel
If you are a Walmart Family Mobile customer in the military and receive relocation orders outside of the Walmart Family Mobile Coverage Area, we will unlock your device at your request, even during the applicable lock period following the activation of your device.
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