Terms and Conditions
THE FOLLOWING TERMS & CONDITIONS SHALL BE APPLICABLE TO ALL THE Tracfone Wireless, Inc. SUBSCRIBERS ("YOU") AND YOU SHALL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS PERTAINING TO THE
APP OFFER WALL:
1. The price (if any) of an App is separate from and additional to the data download charges which you will incur when browsing or downloading Apps. Therefore, in addition to the price of the App (if any), you will also be liable for the data download charges (at the rate and on the terms and conditions applicable to your package) in respect of browsing and downloads (whether successful or not) from the App Offer Wall.
2. You will not be entitled to any exchanges, returns and/or refunds in respect of the downloaded Apps. Under no circumstances will refunds be granted in respect of the download charges.
3. Apps can be downloaded to any TRACFONE WIRELESS, INC. compatible mobile phone, but are handset specific.
4. You may only use the Apps for lawful purposes and you warrant that you shall not, and will use commercially reasonable efforts to make sure a third party does not sell, resell, lease the Apps to any other party.
5. To the fullest extent permitted by applicable law, the App is provided to you "as is", without support or maintenance and we disclaim liability for any damages that the App may cause to you or any other person (whether through malware or otherwise). TRACFONE WIRELESS, INC. does not warrant that the App will meet your requirements or that the operation of the App will be uninterrupted or error free. To the extent permitted by law we disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied and whether arising by statute, common law or otherwise. To the fullest extent permitted by applicable law, you indemnify and holds us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the Apps. The Apps are therefore used entirely at your own risk. This clause does not affect your legal rights as a consumer/subscriber.
6. To the fullest extent permitted by applicable law, we reserve the right to alter, restrict and/or terminate the Apps to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Apps are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Apps. The obligation therefore is on you to review these terms and conditions at regular intervals.
7. This site may contain hyper-links to third party sites. TRACFONE WIRELESS, INC. is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk.
8. You acknowledge that we own the intellectual property rights in and to this website and that the Apps are owned by TRACFONE WIRELESS, INC. and/or its developers, and that the unauthorised use thereof is expressly prohibited. The word or mark TRACFONE WIRELESS, INC., however represented, including stylised representation, all associated logos and symbols and combinations of any of the foregoing with another word or mark, used on this site, are the trademarks of TRACFONE WIRELESS, INC. or one of its affiliated companies.
9. These terms and conditions will be governed by and construed in accordance with the laws of the United States.
10. These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
11. Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
What type of information is TRACFONE WIRELESS, INC. collecting, and what do we use it for?
For the purpose of business communications, administration and transacting, improving the services, creating products or services that may meet your future requirements and/or delivering targeted advertising to you within TRACFONE WIRELESS, INC.'s various current and future web and wap portals, we may collect and use personal information, which may include (but not be limited to): Your name, address, telephone number, email and/or account details, location, home language, gender, date of birth, age, handset type, ARPU, whether you are a post or prepaid customer and type of services you typically access.
TRACFONE WIRELESS, INC. will not collect, store, process, transmit or otherwise handle private information for any other purpose. Monitoring or recording of your activities may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, we will not disclose information that could be used to personally identify you.
Will TRACFONE WIRELESS, INC. disclose any of my personal information?
TRACFONE WIRELESS, INC. does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, for example, we may disclose your data to a credit card company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, TRACFONE WIRELESS, INC. may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws. TRACFONE WIRELESS, INC. will not sell your personal information to third parties unless you give us your specific permission to do so.
What about the security of my personal data?
TRACFONE WIRELESS, INC. has implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. Please note that TRACFONE WIRELESS, INC. cannot be responsible for the privacy policies and practices of other websites you may access using links from this website. We recommend that you check the policy of each site you visit and that you contact that specific organisation if you have any concerns or questions. Please be aware that Internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching our website. TRACFONE WIRELESS, INC. therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.
We may store some information (commonly known as a "cookie") on your computer when you visit our website. This enables TRACFONE WIRELESS, INC. to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, TRACFONE WIRELESS, INC. may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the website not to be accessible.
Amendments to this Privacy Statement
TRACFONE WIRELESS, INC. reserves the right to amend or modify this Privacy Statement at any time.