Your Customer Agreement
Please carefully read this agreement, including the Plan or Plans you've chosen,
before filing it in a safe place.
SmartCashMobile is Powered by Telava Mobile (referred to herein as “The Company”),
Customer Agreement applies to the phones we sell and services we offer to all The
Company’s customers. By purchasing, activating or using a The Company’s phone, you
agree to these Terms & Conditions. (This is also binding for phones that are compatible
to the SmartCashMobile and Telava services.) By accepting this agreement, you're
bound by its conditions. It covers important topics such as how long it lasts, fees
for early termination and late payments, and our rights to change its conditions
and your wireless service, limitations of liability, privacy, and settlement of
disputes by arbitration instead of in court. If you accept this agreement, it will
apply to all your wireless service from us, including all your existing Plans and
other lines in service.
Your Rights to Refuse or Cancel This Agreement
THIS AGREEMENT STARTS WHEN YOU ACCEPT. You accept when you do any of the
following things after an opportunity to review this agreement:
- Give us a written or electronic signature;
- Tell us orally or electronically that you accept;
- Activate your service through your wireless phone;
- Open a package that says you are accepting by opening it;
or
- Use your service after making any change or addition when
we've told you that the change or addition requires acceptance.
IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.
Your Service Plan
The Company provides you with a pre-paid monthly airtime calling service plan.
Prepaid Service Options
Service plans include an amount of minutes including Unlimited Night and Weekends
allowances up to 3000 Minutes and features, the coverage areas in which those allowance
and features may be used, and the charges associated with those allowances and features,
all as described in the materials made available to you at the time you accepted
this agreement. To the extent any condition in your calling plan expressly conflicts
with this agreement, the condition in your calling plan will govern. If at any time
you change your service, you'll be subject to any requirements we set for that change.
Please refer to our website for the latest service plan offers. Prepaid service
plans are non-refundable.
Calls are billed in one-minute increments, with a minimum time per call of one minute.
Call times are rounded up to the nearest whole minute. If you are on a Plan with
Mobile to Mobile calling between The Company phone numbers, all calls routed to
voicemail and all call waiting calls received during a call with a non-SmartCashMobile
customer will be charged at the applicable per-minute rate in accordance with your
Plan.
Account Status
As a prepaid service plan customer, your account will remain active for one calendar
month. During the Active Calendar Period, you may make calls and access your My
Mobile Account online. If your account has fallen into inactive status at midnight
on the day of your anniversary date of your prepaid service plan, you may not make
or receive calls (other than 911 emergency calls), send or receive text messages,
download ringtones, or use any other services.
30 day Grace Period
If you do not renew/reactivate your prepaid service plan by the end of the 30 day
grace period, you will lose your phone number. If your account expires and is deactivated,
you must follow the activation process again in order to obtain service. Just go
to our website (www.SmartCashMobile.com) or contact Telava Customer Service at 1-888-983-5282
to reactivate your account using the approved payment methods. In order for you
to continue usage of your phone number during the 30 day grace period, a reactivation
fee of $15.00 will be charged in addition to your chosen service plan fees. We cannot
guarantee the current phone number will be available during the 30 day grace period.
Vacation Hold
A vacation hold fee is $5.00 per month to hold your phone number. During this period,
no call usage is enabled (such as incoming/outgoing calls, texting, enhanced features
are on hold). All SmartPocket and SmartPocket with Auto5 expirations apply.
Discontinued Service Options
If you are an existing customer using a service option that is no longer offered
to new or existing customers, you may continue to use your current plan as long
as you maintain your current status or until you switch to one of our other service
options. After you switch to another plan, you will not be able to switch back to
your previous discontinued plan.
Nights and Weekend Hours
Night minutes must be used between 8:00 p.m. and 5:59 a.m. Monday-Friday, and weekend
minutes must be used between Friday 7:59 pm to Sunday 11:59am.
Reasonable Usage
If you use the service or the device in a way that is inconsistent with the normal
use for your service or plan, you will be required, at Telava's sole discretion,
to pay the rates for the service or plan that would apply to the way you used the
service or device, or terminate the plan. For example, if you subscribe to one of
our service plans, and you are notified that your usage is inconsistent with normal
personal use, you may thereafter be required to pay our higher rates for business
service for all periods in which your use of our service or the device was inconsistent
with normal personal use.
More than 1,900 Day minutes per month will not be considered normal use for the
Unlimited Prepaid Personal Plan. Usage over these levels or other inconsistent use
will result, in Telava's sole discretion, in immediate mandatory transfer to another
appropriate plan, suspension or termination of service. Commercial, not for profit,
governmental use or other similar use is an example of use of our service inconsistent
with normal personal use.
Your Plan Features
At the time of your purchase, the following features are an option for purchase
to better enhance your mobile experience.
Text Messaging
Text Messaging Plan - You may purchase a prepaid subscription plan for text
messaging of domestic text, picture, email and instant messages at the following
prices and sizes. Please check the latest rates on www.smartcashmobile.com website.
Adding/Removing this Text Messaging Feature - Without subscribing into a
text messaging plan, you are not able to receive incoming or send outgoing text
messaging.
SmartPocket
SmartPocket account allows you to purchase additional minutes when you run out of
minutes from your prepaid monthly service plan. The value of any SmartPocket account
can also be applied to other features and additional charges. SmartPocket account
will roll over to each pre-paid month until the expiration date of One (1) year
from initial SmartPocket Minutes purchase date. Please check the latest rates on
www.smartcashmobile.com website. No Cancellation or Refunds after confirmation of
purchase.
If monthly service is cancelled, a customer may not use the SmartPocket account
but will be kept in the customer account until expiration. SmartPocket minutes could
be used when the customer resigns before SmartPocket minutes expiration.
SmartPocket with Auto5
SmartPocket with Auto5 is a feature we offer to protect you from having your service
suspend when you run out of your monthly prepaid minute plan. Whenever your minutes
are down to zero (0) minutes $5.00 will automatically be added to your SmartPocket
account to continue your service. The value of any Auto5 balance can only be applied
to SmartCashMobile Minutes. Auto5 balances will roll over to each pre-paid month
as long as your account is active.
Adding/Removing this Feature - You can add or remove this feature by using
the following methods, (1) logging in to your My Mobile Account, add in/remove this
feature and then registering your credit or debit card; or (2) Calling Our Customer
Care at 1-888-983-5282 and registering your credit or debit card through our Customer
Care.
Additional Charges
Directory Assistance – There is a charge of $1.95 for each call to directory
assistance, plus airtime charges. All rates are subject to change without prior
notice, and additional surcharges and taxes may apply.
Changing Your Numbers - We do charge for changing your number during your
service plan. By calling Customer Service to switch your phone number, you will
be charged $15. This fee will be waived if you are switching your number on the
call with our customer service representative at the time of activation of your
mobile phone.
Roaming and Roaming Charges – You are "roaming" whenever you make or receive
a call using a transmission site outside your Home Rate and Coverage Area, or using
another company's transmission site. Your wireless phone may sometimes connect to
and roam on another company's network even when you are within your Home Rate and
Coverage Area or Local Calling Area. There may be extra charges (including charges
for long distance, tolls or calls that don't connect) and higher rates for roaming
calls, depending on your Plan.
Your Wireless Phone and Phone Number
Your wireless phone is any device you use to receive our wireless voice or data
service. It must comply with Federal Communications Commission regulations and be
compatible with our network and plan. Whether you buy your wireless phone from us
or someone else is entirely your choice. At times we may change your wireless phone's
software, applications or programming remotely and without notice. This could affect
data you've stored on, the way you've programmed or the way you use your wireless
phone. If you purchased a wireless phone (other than a "global phone") from Telava
Mobile for use with a plan with a minimum term and want to reprogram your phone
for use with another wireless carrier network, the default service programming code
is set to "000000" or "123456." Telava Mobile in no way guarantees that your Telava
Mobile phone will be capable of being reprogrammed for use with another wireless
carrier network after the service programming code is entered, or that another wireless
carrier will accept your device for use on its network.
Your Wireless Phone Number and Caller ID
You don't have any rights in any personal identification number, email address or
identifier we assign you (we'll tell you if we decide to change or reassign them).
The same is true of your wireless phone number, except for any right you may have
to port it. Your wireless phone number and name may show up when you call someone.
You can block this "Caller ID" for most calls by dialing *67 before each call, or
by ordering per–line call blocking (dialing *82 to unblock) where it's available.
You can't block Caller ID to some numbers, such as toll–free numbers.
If Your Wireless Phone is Lost or Stolen
If your wireless phone is lost or stolen, it is very important that you notify us
immediately for your own protection, so that we can suspend your service to prevent
further usage by calling Telava Customer Care at Customer Care at 1-888-983-5282.
You may need to provide further information regarding the theft or loss if we ask
for it.
Your Phone Number
The phone number we provide for your use is and will remain the property of the
Company. We may give the phone number to another customer without telling you if
you cancel your service the Company in order to use another mobile service (unless
you transfer the phone number to another telecommunications provider in accordance
with applicable regulations), or if your account expires and is deactivated. We
may also change your number at any time, although we will notify you prior to any
change. You can request to change your phone number up to three times each year.
Keeping Your Old Phone Number
Depending on where you live, you may transfer an existing wireline or wireless phone
number to your SmartCashMobile service plan for use as your wireless phone number.
To switch an existing phone number to SmartCashMobile, contact Telava Customer Service
at 1-888-983-5282 and we will walk you through the process. The Company will not
charge you to transfer your existing non-SmartCashMobile phone number to your SmartCashMobile
phone. Before you call, please have a bill from your old wireless or wireline carrier
available. When you switch from another wireless carrier to SmartCashMobile, you
may have to pay a termination penalty if you terminate your contract early. SmartCashMobile
will not reimburse you for any termination fees imposed by other carriers.
You will not be able to switch your area code without receiving a new local number
from SmartCashMobile as well. For example, if you move from San Francisco to New
York City, and your San Francisco number was 415-123-4567, you may keep 415-123-4567
as your number, but you may not switch your number to 212-123-4567. Although you
may keep your old number and old area code, you should be aware that your New York
friends might end up paying long distance charges when they call your San Francisco
number from the New York area.
Phone Satisfaction Guaranteed
The Company has a one hundred percent (100%) money-back guarantee on all inactivated
phones. Unless otherwise stated by the Company for a specific country or region,
a customer who is dissatisfied with their inactivated phone product purchase shall
request a refund, credit or exchange within thirty (30) calendar days after the
date of shipment of the product. If the Company is notified within the thirty (30)
calendar-day period, and if the inactivated phone product is in resalable condition,
the Company will refund the full price of the product purchase less shipping charges,
and taxes.
The Company will refund the full price of the product purchase less shipping charges
and processing fees. If the product is not in a resalable condition, the Company
will charge a twenty percent (20%) restocking and processing fee and refund eighty
percent (80%) of the product purchase price, less shipping charges and taxes paid
to the SmartCashMobile customer.
There is no refund for inactivated Phones after the thirty (30) calendar day period
or any activated phone products anytime.
The SmartCashMobile customer agrees that the Company shall not provide a refund
for product returned after the specified period set out in the return policy. If
a SmartCashMobile customer returns product to the Company, and no refund is due,
the SmartCashMobile customer authorizes the Company to reinventory the product for
resale or to use the product for samples.
Note 1: Airtime usage and activation fee is non-refundable. Exceptions may apply
solely at the company’s discretion i.e, customer out of calling area.
Note 2: Resalable Condition: In order for the product to be deemed in resalable
condition, the carton and the products must be returned in the original condition
and shall contain all of the individual packets. Any deviation from the original
condition will be charged a 20% restocking fee. In extreme cases of misuse, at the
sole discretion of the company, additional fees will be charged.
Your Options of Payment Methods
By agreeing to participate in the pre-paid plans described above or purchase enhanced
features, you have chosen by default to have us automatically charge a registered
credit card or debit card on a prepaid monthly basis.
You can set up, modify, or cancel your Auto Payment preferences by logging in your
My Mobile Account at www.smartcashmobile.com or by calling Telava Customer Service
at 1-888-983-5282.
Refunds and Returns
Returning Your SmartCashMobile Phone
You don't have any rights in any personal identification number, email address or
identifier we assign you (we'll tell you if we decide to change or reassign them).
The same is true of your wireless phone number, except for any right you may have
to port it. Your wireless phone number and name may show up when you call someone.
You can block this "Caller ID" for most calls by dialing *67 before each call, or
by ordering per–line call blocking (dialing *82 to unblock) where it's available.
You can't block Caller ID to some numbers, such as toll–free numbers.
Return Procedure
The Customer desiring to return product for a refund must call the Company’s Customer
Service and receives a Return Merchandise Authorization number (hereinafter referred
to as the “RMA”) at 1-888-983- 5282 within 15 days after activation date. There
are no refunds after 15 days of delivery ship date. There is a 90 day warranty period
on handset. If within the 90 days you would like to exchange your handset, please
contact Telava Customer Care 1-888-982-5282.
- The Customer must provide the following to the Customer Service (1) the reason for
the return, (2) the RMA number on the company’s return request form to be completed,
filled out by the Member and (3) a copy of the original dated SmartCashMobile invoice.
- The shipping to the Company must be prepaid by the Customer. The Company does not
accept shipping-collect packages.
- In no event shall the Company refund shipping expenses for the delivery or the return
product.
- The Company must receive the returned product within fifteen (15) calendar days
of providing to the Member an RMA.
Proper Uses of the Company’s Products and Services
Acceptable Use
SmartCashMobile, Telava Mobile and its business partners provide messages, data,
information, music, games, images, text, or other material for your private, non-commercial
use only. You may not sell or resell this content. You may not upload and transmit
or broadcast this content in public places. These uses are expressly prohibited
by SmartCashMobile. You will be solely responsible if you engage in any unauthorized
use of this content.
You agree to use our Site and the Content (whether provided by us or others), as
well as any Software provided in connection with the Site, in a manner consistent
with all applicable laws and regulations. Additionally, you will not take any of
the following actions with respect to our Site, related Software, or Content, nor
will you use our Site or related Software to upload, post, email, distribute, transmit,
link, solicit or otherwise make available any Content or use our Site in any manner
that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous,
vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive
of another's privacy, or racially, ethnically or otherwise offensive, hateful or
abusive;
- infringes someone else's patent, trademark, trade secret, copyright or other intellectual
property or other rights;
- removes any proprietary notices or labels on the Content;
- advocates or solicits violence, criminal conduct or the violation of any local,
state, national or international law or the rights of any third party;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an
impersonation of any person or entity or misrepresents an affiliation with a person
or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs,
or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM),
chain letters, or any other unsolicited commercial or non-commercial communication;
- interferes with others using the Sites;
- is off-topic according to the description of the group, forum or webpage;
- Give us a written or electronic signature;
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or
any other computer code, files, or programs that are designed or intended to disrupt,
damage, overburden, impair or limit the functioning of any software, hardware, network,
server or communications systems or equipment;
- contains a charity request, petitions for signatures, chain letters or letters relating
to a pyramid scheme;
- disrupts, interferes or inhibits any other user from enjoying the Sites or other
affiliated or linked websites, material, contents, products and/or services.
- Uses any robot, spider, or other such programmatic or automatic device, inducing
but not limited to automated dial-in or inquiry devices, to obtain information from
the Site or otherwise monitor or copy any portion of the Site, products and/or services;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or
usage information for any portion thereof, or transmit, provide or otherwise distribute
(whether or not for a fee) such information to any third party;
- uses any SMARTCASHMOBILE domain name as a pseudonymous return email address;
- contains any offer for unsolicited goods or services or any advertising or promotional
materials, except in those areas specifically designated for such purpose (e.g.,
classified bulletin board);
- provides material support or resources (or conceals or disguises the nature, location,
source, or ownership of material support or resources) to any organization(s) designated
by the United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act;
- empts to disable, bypass, modify, defeat or otherwise circumvent any of the digital
rights management or other security related tools incorporated into the software
or any Content or the Sites;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial
purposes, any portion of the Sites or Content, use of the Sites, or access to the
Sites;
- publishes, publicly performs or displays, or distributes to any third party any
Content, including reproduction on any computer network or broadcast or publications
media;
- systematically collects and uses any Content including the use of any data mining,
or similar data gathering and extraction methods;
- makes derivative uses of the Sites or the Content;
- uses, frames, or utilizes framing techniques to enclose any portion of the Sites
(including the images found at the Sites or any text or the layout/design of any
page or form contained on a page)
Unacceptable Use
You may not use the Company’s service for any illegal purpose, including harassing,
threatening, abuse, defaming, or slandering any individual or entity. You may not
use our service in a manner that interferes with another customer's use of our service.
The Company and its business partners provide messages, data, information, music,
games, images, text, or other material for your private, non-commercial use only.
You may not sell or resell this content. You may not upload and transmit or broadcast
this content in public places. These uses are expressly prohibited by the Company.
You will be solely responsible if you engage in any unauthorized use of this content.
- Content Objectionable or Offensive to Third Parties - You may not publish, copy,
reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit
("Post") any content that is unlawful, libelous, defamatory, slanderous, obscene,
pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable,
or that infringes upon or otherwise violates others' rights, including privacy rights.
- Unlawful Content - You may not Post any content that encourages or is in furtherance
of an unlawful, criminal, or fraudulent activity or that violates any SmartCashMobile
or Telava Mobile rule or policy.
- Soliciting Information - You may not Post any content that solicits any information
from other customers or involves any commercial activities, including advertisements.
- patent, trademark, trade secret, copyright, or other intellectual property or proprietary
right of any person. Infringement may result from the unauthorized copying, posting,
editing, modifying or distributing of any content, including ringtones, graphics,
pictures, photographs, logos, software, articles, music, games, or videos. By Posting
any content, you represent that you have legal rights to use, distribute, and publish
such content.
- Harmful Content - You agree not to Post any content that contains viruses, worms,
time bombs, or other similar programs that would interfere with or disrupt our provision
of services.
- Removal of Objectionable Content - We reserve the right, in our sole discretion,
to remove or delete any content that you Post on our service that violates these
Terms of Service or is otherwise deemed objectionable by us in our sole discretion.
We may delete content that you have downloaded to your personal vault or limit the
amount of content that you may download during any given period.
- Suspension or Termination of Service - We reserve the right to issue a warning and
to suspend or terminate your access to the www.smartcashmobile.com website or to
our service at any time should we determine in our sole discretion that you have
violated these customer agreement or any other rule or policy of the Company, or
for any other reason in our sole discretion.
- Disclosure of Content - To comply with appropriate legal process, the Company may
disclose to law enforcement authorities any information, including your name, account
history, account information, or other transmission data requested by law enforcement.
We also may disclose to third parties any content necessary to respond to claims
that such content violates the rights of third parties or to protect the rights
and property of the Company.
- Restrictions - This Agreement prohibits and You will (a) not reverse engineer, decompile,
or disassemble the SmartCashMobile, any third party partner, or affiliate partner
application; (b) modify, translate, adapt, arrange, or create derivative works based
on the Service or the SmartCashMobile Application, for any purpose; (c) not export
the SmartCashMobile Application in violation of applicable export control laws;
(d) not use the Service outside of the country of purchase or in a manner inconsistent
with or in violation of this Agreement; (e) not remove or alter any identification,
copyright or other notices included as part of the Service. Additionally, You will
obey all traffic laws and will not use the Service while driving a motor vehicle.
Definition of Reverse Engineering: Modifies, translates, decompiles, disassembles,
uses reverse engineering or otherwise empts to derive the source code for the computer
systems and other technology that operate our Site. For purposes of these Terms,
"reverse engineering" shall include the examination or analysis of the Site to determine
the source code, structure, organization, internal design, algorithms or encryption
devices of our Site's underlying technology.
Our Business Practice
Your service is subject to our business policies, practices and procedures, which
we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE
PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN
NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF
YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF
THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED
SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER
WE SEND NOTICE OF THE CHANGE.
Changes to the Terms
The Company may change or modify the terms from time-to-time without notice other
than posting the amended terms on the Site. The amended terms will automatically
be effective when posted on our Site. Your continued use of our Site after any changes
in these Terms shall constitute your consent to such changes. The Company reserves
the right to change, modify or discontinue, temporarily or permanently, the Site
(or any portion thereof), including any and all content contained on the Site, at
any time without notice. You agree that The Company shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the Site
(or any portion thereof).
Charges and Fees We Set
You agree to pay all access, usage and other charges and fees we bill you or that
the user of your wireless phone accepted, even if you weren't the user of your wireless
phone and didn't authorize its use. These include Federal Universal Service, Regulatory
and Administrative Charges, and may also include other charges related to our governmental
costs. We set these charges. They aren't taxes, aren't required by law, are kept
by us in whole or in part, and the amounts and what's included are subject to change.
You may have to pay fees to begin service or reconnect suspended service. Usage
charges may vary depending on where, when and how you call. You have a Home Rate
and Coverage Area and a Local Calling Area (which may be different). When you call
from inside a Local Calling Area to somewhere outside of it, or call from anywhere
outside a Local Calling Area, there may be toll, regional calling or long distance
charges in addition to airtime (we provide or select the long distance service for
calls on our network). When you make a call inside your Local Calling Area that
uses a local phone company's lines (for example, a call to a typical home phone
number), we may charge landline or connection fees. We charge airtime for most calls,
including toll–free and operator–assisted calls. Additional features and services
such as operator or directory assistance, call dialing, calling card use, Call Forwarding,
data calls, automatic call delivery, Voice Mail, Text Messaging and wireless Internet
access, may have additional charges. Features such as Call Waiting, Call Forwarding
or 3–Way Calling involve multiple calls and multiple charges.
Taxes, Fees and Surcharges We Don't Set
You agree to pay all taxes, fees and surcharges set by the government. We may not
always give advance notice of changes to these items. If you're tax–exempt you must
give us your exemption certificates and pay for any filings we make.
Account Suspension Related to Credit Card Chargebacks
If we have empted to charge your credit card for a charge that we deem is authorized
and valid under these Customer Agreement, and the credit card company withholds
such payment because the charge has been disputed (a "Chargeback"), we reserve the
right to suspend your access to our service for up to 30 days until the Chargeback
is reversed. If the Chargeback is not resolved and reversed, your account will be
deactivated at the end of the 30 day period. If your account is reactivated you
may be charged a fee for each Chargeback. If there are multiple Chargebacks associated
with your account or we suspect or confirm any fraudulent activity in connection
with your payments, we may, without limiting any other rights available to us, elect
in our sole discretion to require you to add money to the cash balance of your My
Mobile Account solely by means of SmartPocket minutes.
Our Rights to Limit or End Service or This Agreement
You agree not to resell our service to someone else without our prior written permission.
You also agree your wireless phone won't be used for any other purpose that isn't
allowed by this agreement or that's illegal. You agree that you won't install, deploy
or use any regeneration equipment or similar mechanism (for example, a repeater)
to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal.
WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT
WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (i) if
you: (a) breach this agreement; (b) pay late more than once in any 12 months; (c)
incur charges larger than a required deposit or billing limit (even if we haven't
yet billed the charges); (d) provide credit information we can't verify; (e) become
insolvent or go bankrupt; (f ) lie to us; (g) allow anyone to tamper with your phone;
or (ii) if you, any user of your phone or any authorized contact on your account:
(a) threatens or commits violence against our representatives; (b) uses vulgar and/or
inappropriate language toward our representatives; (c) steals from us; (d) harasses
our representatives; (e) interferes with our operations; (f ) "spams," or engages
in other abusive messaging or calling; (g) modifies your phone from its manufacturer's
specifications; or (h) uses the service in a way that adversely affects our network
or other customers. We can also temporarily limit your service for any operational
or governmental reason. If you file for bankruptcy, our rights to limit, suspend
or end your service or any agreement with you will be governed by bankruptcy law.
Use of Your Customer Information
We will always handle your information in a manner consistent with federal consumer
privacy laws and the SmartCashMobile Privacy Policy, available on the SmartCashMobile
website at www.SmartCashmobile.com. We take reasonable steps to protect your personal
information from unauthorized use or disclosure. Except as contemplated by the Privacy
Policy, we will not intentionally share your personal information without your permission.
We may, from time to time, use the information you provide us to market services
to you that may be related to our service offerings. You will have the opportunity
to choose whether you would like to receive text messages, email, direct mail and
other updates from SmartCashMobile and its partners about new products, special
promotions, and important service information by editing your profile at www.SmartCashmobile.com
(log in and select Account Info and then Contact Info) or by calling Customer Service
at 1-888-983-5282.
∞ In the course of providing services to you, we may collect certain information
that is made available to us solely by virtue of our relationship with you, such
as information about the quantity, technical configuration, type, destination and
amount of your use of the telecommunications services you purchase. This information
and related billing information is known as Customer Proprietary Network Information,
or CPNI. (CPNI does not include your name, address and wireless phone number.) Further,
except as provided in this agreement, we won't intentionally share personal information
about you without your permission. SUBJECT TO THE FOREGOING, WE MAY USE AND SHARE
INFORMATION ABOUT YOU AND HOW YOU USE ANY OF OUR SERVICES: (A) SO WE CAN PROVIDE
OUR GOODS OR SERVICES TO YOU; (B) SO OTHERS CAN PROVIDE GOODS OR SERVICES TO US
OR TO YOU ON OUR BEHALF; (C) SO WE OR OUR AFFILIATES IN THE TELAVA FAMILY OF COMPANIES
CAN COMMUNICATE WITH YOU ABOUT GOODS OR SERVICES THAT ANY OF US OFFER; (D) TO PROTECT
OURSELVES; OR (E) AS REQUIRED BY LAW, LEGAL PROCESS OR EXIGENT CIRCUMSTANCES.
IN ADDITION, WE MAY INCLUDE OUR OWN OR THIRD–PARTY ADVERTISING IN THE SERVICES YOU
PURCHASE FROM US, AND WE MAY COLLECT NON–PERSONALLY IDENTIFIABLE INFORMATION ABOUT
YOU AND YOUR USE OF THOSE SERVICES. WE MAY SHARE THAT NON– PERSONALLY IDENTIFIABLE
INFORMATION WITH OTHER TELAVA COMPANIES, VENDORS AND THIRD PARTIES TO PROVIDE RELEVANT
ADVERTISING. IF YOU DO NOT WANT US TO COLLECT OR USE SUCH NON–PERSONALLY IDENTIFIABLE
INFORMATION FOR THIS PURPOSE, YOU SHOULD NOT USE OUR SERVICES; BY USING THE SERVICES,
YOU EXPRESSLY AUTHORIZE US TO USE YOUR INFORMATION FOR THIS PURPOSE.
Further, you authorize us to investigate your credit history at any time and to
share credit information about you with credit reporting agencies and other Telava
companies. If you ask, we'll tell you the name and address of any credit agency
that gives us a credit report about you. It's illegal for unauthorized people to
intercept your calls, but such interceptions can occur. For training or quality
assurance, we may also monitor or record our calls with you.
Suspension or Termination of Service
We reserve the right to issue a warning and to suspend or terminate your access
to the www.smartcashmobile.com website or to our service at any time should we determine
in our sole discretion that you have violated these customer agreement or any other
rule or policy of SmartCashMobile, or for any other reason in our sole discretion.
Notices
You may notify us by mail (SmartCashMobile, PO Box 26328, San Francisco, CA 94126),
phone (1-888- 983-5282) or electronic means (via our website at www.smartcashmobile.com).
Notices will be considered effective after we receive them. If you are unable to
resolve your concerns with SmartCashMobile, you may file a complaint with the Federal
Communications Commission, Washington, DC 20554. Any notice we send you will be
sent to your last known residence or electronic address as shown on our records,
or via electronic messaging to your SmartCashMobile phone.
Export
You agree to comply with all trade regulations and export control laws, both domestic
and foreign. SmartCashMobile phones, equipment, software, and any underlying information
accessed or transferred by you using SmartCashMobile's services may be subject to
U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401,
et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well
as the import regulations of other countries. You agree not to export or re-export
any SmartCashMobile phones, equipment, or software to any foreign country. Any information
transferred by you using SmartCashMobile's services to any foreign country, entity,
or person must comply with the U.S. Export Administration Act and the Export Administration
Regulations.
Trademarks and Licenses
The SmartCash name and signature and the SmartCashMobile name and logo are registered
trademarks of SmartCash Networks and used under license by SmartCashMobile.
Third (3rd) Party Partnership/Affiliate Agreements
By signing up with SmartCashMobile, you agree on the terms provided with the third
(3rd) party/ affiliated vendors chosen. Content is subject to different terms and
conditions, which are posted here.
About You
You represent that you're at least 18 years old and have the legal capacity to accept
this agreement. If you're ordering for an organization, you're representing that
you're authorized to bind it, and where the context requires, "you" means the organization.
About This Agreement
∞ A waiver of any part of this agreement in one instance isn't a waiver of any part
or any other instance. You can't assign this agreement or any of your rights or
duties under it. We may assign all or part of this agreement or your debts to us
without notice, and you agree to make all subsequent payments as instructed. NOTICES
ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL OR FAX TO ANY EMAIL OR FAX NUMBER
YOU'VE PROVIDED TO US, OR 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS
WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICE ADDRESS ON YOUR MOST
RECENT BILL, IF BY YOU. If any part of this agreement, including any part of its
arbitration provisions, is held invalid, that part may be severed from this agreement.
This agreement and the documents to which it refers form the entire agreement between
us on their subjects. You can't rely on any other documents or statements on those
subjects by any sales or service representatives, and you have no other rights with
respect to service or this agreement, except as specifically provided by law. This
agreement isn't for the benefit of any third party except our parents, affiliates,
subsidiaries, agents, and predecessors and successors in interest. Except to the
extent we've agreed otherwise in the provisions on late fees, collection costs and
arbitration, or as required by Federal law, this agreement and disputes covered
by it are governed by the laws of the state encompassing the area code assigned
to your wireless phone number when you accepted this agreement, without regard to
the conflicts of laws rules of that state.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR WIRELESS PHONE. WE CAN'T
PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY
WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY
HAVE AGAINST ANYONE ELSE.
Waivers and Limitations of Liability
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR
DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION
AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION,
BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. THIS
MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE
OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY
CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE
REQUIRED TO INDEMNIFY THE SUPLIER FOR SUCH CLAIM. You agree we aren't liable
for problems caused by you or a third party; by buildings, hills, network congestion,
tunnels, weather or other things we don't control; or by any act of God. You also
agree we aren't liable for missed Voice Mails, or deletions of Voice Mails from
your Voice Mailbox (if you have one), even if you've saved them, or for other information
that may be lost or deleted if we service your phone. If another wireless carrier
is involved in any problem (for example, while you roam), you also agree to any
limitations of liability in its favor that it imposes.
Dispute Resolution and Mandatory Arbitration
(1) WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION.
THERE'S NO JUDGE OR JURY IN ARBITRATION, AND REVIEW IS LIMITED, BUT AN ARBITRATOR
CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS
AGREEMENT, AS A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ORNEY'S
FEES, AN ARBITRATOR CAN AWARD THEM, TOO. WE ALSO EACH AGREE, TO THE FULLEST EXTENT
PERMITTED BY LAW, THAT: (1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT.
EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY OR CLAIM ARISING
OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS SERVICE
WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR
SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT,
OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BY ONE OR MORE
NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER
BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ENTION
OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES AND THEY CAN, IF THE LAW ALLOWS,
SEEK RELIEF AGAINST US ON YOUR BEHALF.
(2) FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA") RULES
WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE COMPLAINING PARTY CAN CHOOSE EITHER
THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER–RELATED DISPUTES, AN INDIVIDUAL
ACTION IN SMALL CLAIMS COURT, OR THE BBB'S RULES FOR BINDING ARBITRATION. EACH OF
US MAY BE REQUIRED TO EXCHANGE RELEVANT EVIDENCE IN ADVANCE. IN LARGE/COMPLEX CASES
UNDER THE WIA RULES, THE ARBITRATORS MUST APPLY THE FEDERAL RULES OF EVIDENCE AND
THE LOSER MAY HAVE THE AWARD REVIEWED BY A PANEL OF 3 NEW ARBITRATORS.
(3) YOU CAN OBTAIN PROCEDURES, RULES, AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG),
THE BBB (WWW.BBB.ORG), OR FROM US. THIS AGREEMENT DOESN'T PERMIT CLASS ARBITRATIONS
EVEN IF THOSE PROCEDURES OR RULES WOULD. IN EXCHANGE FOR YOUR AGREEMENT
TO ARBITRATE ON AN INDIVIDUAL BASIS, WE'RE PROVIDING YOU A FREE INTERNAL MEDIATION
PROGRAM. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES. A MEDIATOR CAN
HELP PARTIES REACH AGREEMENT, BUT DOESN'T DECIDE THEIR ISSUES. IN OUR MEDIATION
PROGRAM, WE'LL ASSIGN SOMEONE (WHO MAY BE FROM OUR COMPANY) NOT DIRECTLY INVOLVED
IN THE DISPUTE TO MEDIATE. THAT PERSON WILL HAVE ALL THE RIGHTS AND PROTECTIONS
OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN A LATER ARBITRATION
OR LAWSUIT. CONTACT US AT WWW.SMARTCASHMOBILE.COM OR THROUGH CUSTOMER SERVICE
TO FIND OUT MORE.
(4) IF YOU REQUEST MEDIATION UNDER OUR PROGRAM, PARTICIPATE IN GOOD FAITH IN AT
LEAST ONE TELEPHONIC MEDIATION SESSION, AND THE MEDIATION DOESN'T RESOLVE THE DISPUTES
BETWEEN US, WE'LL PAY ANY FILING FEE LATER CHARGED YOU BY THE AAA OR BBB FOR ONE
ARBITRATION OF THOSE DISPUTES. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY
FURTHER ADMINISTRATIVE AND ARBITRATOR FEES LATER CHARGED FOR IT AND (IF THE ARBITRATION
AWARD IS APPEALABLE UNDER THIS AGREEMENT) ANY APPEAL TO A NEW 3 ARBITRATOR PANEL.
WE MAY MAKE YOU A WRITTEN OFFER OF SETTLEMENT ANY TIME BEFORE ARBITRATION BEGINS.
IF WE DO AND YOU DON'T RECOVER IN ARBITRATION MORE THAN 75% OF THE OFFERED AMOUNT,
YOU AGREE TO REPAY US THE LESSER OF ANY FEES WE ADVANCED OR WHAT YOU WOULD HAVE
PAID IN FEES AND COSTS IN COURT UNDER SIMILAR CIRCUMSTANCES.