By using the Smart Bro Prepaid Service (“Service”), including Smart Bro Prepaid SIM (the “Prepaid SIM”) and
Smart Bro Rocket SIM (the “Rocket SIM”) (collectively, the “SIM Cards”), the Subscriber agrees to the Smart
Bro Prepaid Service Terms and Conditions (this “Agreement”) and the Terms and Conditions for SIM
Registration (“SIM Registration Terms”),
(collectively referred to as the “Terms”) to wit:
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The Service is designed to work only if the Subscriber is using the following:
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a dual-band or higher mobile WiFi device; for 5G network, a 5G-enabled WiFi device;
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a Prepaid SIM or a Rocket SIM; and
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airtime value loaded into Subscriber’s account.
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The Subscriber acknowledges that the speed the Subscriber may experience will depend on the type of
device used, network signal detected, and the current subscriber traffic. Speed may also vary from
one place to another.
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The Prepaid SIM, Rocket SIM and Data, Call and Text Cards are neither refundable nor redeemable for
cash, either in part or in full.
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The Rocket SIM with a preloaded unlimited data allocation for thirty (30) days or fifteen (15) days,
as the case may be, are capped in terms of video quality. Users may stream videos up to maximum of
HD quality depending on the type of device used, network signal detected, location, and the current
subscriber traffic. For other offer types, a Subscriber may concurrently avail of any other offer
designed for Smart Bro.
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The Prepaid SIM and Rocket SIM cannot be used with handsets or mobile WiFi devices which are:
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SIM-locked to networks other than SMART; or
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blacklisted by SMART due to theft, loss, non-payment or other reasons.
Smart Communications, Inc. (“SMART” or the “Company”) reserves the right to SIM-lock devices as part
of the Smart Bro Prepaid Kit for use only of its own services.
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The Service requires for its use, reload of value through the GigaLife App, Smart Data, Call and
Text Card, Smart Load or PasaLoad. After value is loaded into the Prepaid SIM or the Rocket SIM, as
the case may be, such value shall be valid for a specific period as indicated at the time of
purchase or loading, as the case may be. Any unloaded SMART Data, Call and Text Card shall expire on
the date shown at the reverse portion of the relevant SMART Data, Call and Text Card. It shall be
the Subscriber’s responsibility to be informed of the validity and the specific terms and conditions
of any load package loaded or purchased.
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In order to use and enjoy the features of the GigaLife App, subscriber will be required to register
using their mobile number for a GigaLife account and provide a secondary. mobile number, where
service-related notifications and advisories shall be sent. If Subscriber avails of registering its
SIM in compliance with the SIM Registration Terms using the GigaLife App, any OTP or notifications
in relation thereto will also be sent to the secondary mobile number.
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The Subscriber’s Prepaid SIM and Rocket SIM will be PERMANENTLY DISCONNECTED: (1) if the Subscriber
fails to comply with the SIM Registration Terms; or (2) if the SIM Card remains inactivated or
unused until the indicated expiry date on the SIM Card packaging, or (3) if the activated SIM card
has zero load balance for at least one hundred twenty (120) consecutive days.
The Company shall not cause the reconnection of a PERMANENTLY DISCONNECTED Service. Mobile numbers
associated with the disconnected SIM Cards may not be reacquired. A new SMART BRO SIM Card must be
purchased to avail of the Service. This will have a different mobile number.
Requests for a change of mobile number will not be allowed. The Company shall not be held responsible
to replace any permanently disconnected SIM cards. To avoid getting disconnected and to continue
using the Service, the Subscriber must top up any regular load amount (e.g. eLoad 30, TicketLoad15,
Call and Text Card 100) to his prepaid account.
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Subscriber is allowed only five (5) attempts per calendar day to correctly load a value of the SMART
BRO Data, Call and Text Card. Otherwise, the Subscriber will have to wait for the next day (12:00
midnight) to correctly load the SMART BRO Data, Call and Text Card.
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All outgoing calls and text messages will be charged based on prevailing tariff rates, plus all
applicable toll charges and taxes. The use of the Service (including, but not limited to, calls to
wrong numbers, fax tones, answering machines, subscriptions to and availments of value-added
services) shall be the Subscriber’s sole responsibility regardless of who actually made the calls or
sent the text messages. To view the applicable tariff rates and all applicable toll charges and
taxes, please click here.
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The security and care of the SMART BRO Prepaid device, the Prepaid SIM, the Rocket SIM and SMART BRO
Data, Call and Text Card and the secret codes (PIN1, PIN2, PUK1 and PUK2) shall be the Subscriber’s
full responsibility. The Company has no obligation to answer inquiries regarding these secret codes.
Furthermore, the Company is under no obligation to provide call details or itemized bills for calls
and text messages made or received using the Service. Steps in retrieving PUK is available on the
Company’s website (www.smart.com.ph).
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The Prepaid SIM, Rocket SIM, SMART BRO Data, Call and Text Cards, SMART BRO Device Kits and any
airtime values are non-refundable and non-replaceable in the event of loss, theft, or damage due to
misuse, mishandling or neglect. The Prepaid SIM and Rocket SIM found inherently defective will be
replaced within seven (7) days from date of activation. Inherently defective SIM Cards (no PIN,
incomplete PIN, unclear numbers) may be replaced only if there has been no prior usage of the card.
Inherently defective handsets of the SMART BRO Prepaid Device Kits may be replaced within fifteen
(15) days from date of purchase. All replacements due to defects are subject to the investigation
and validation of the Company’s Customer Care upon presentation of required documents.
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The Company’s liability for the loss or damage caused by defects in the performance or
nonperformance of the Service, shall be limited to a credit in the Subscriber’s favor of the amount
paid for the SIM Cards, or SMART BRO Prepaid Card, or SMART BRO Device Kit. The Company shall not be
liable for any failure of the Service or for any loss, damage, theft, and misuse of the Prepaid SIM,
Rocket SIM, Data, Call and Text Card, or any device used as part of the Service.
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Except as otherwise provided herein, the Company does not expressly or impliedly warrant the
condition or merchantability of the information or communication services provided through the
Service for any particular use or purpose. All information and translations are provided on an “AS
IS” basis.
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If the Subscriber, or any other person, at the sole discretion of the Company, is found to use the
Service for any fraudulent purpose or illegal activities or is found to use abusive and/or indecent
language to other Subscribers or Company staff, the Company reserves the right to disconnect the
Service and/or refuse to reconnect the Subscriber. The Company also reserves the right to file the
appropriate legal action against the erring Subscriber or person/s concerned.
The Subscriber’s right to use the Service is personal to the Subscriber. The Subscriber shall not
engage in the following activities (“Unauthorized Activities”):
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Resale or any commercial use of the Service, without the prior express written consent of
SMART;
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Utilization of the Service in bypassing or in activities that tend to bypass the SMART
network, billing and/or traffic routing;
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Use of the Service in prohibited services like callback, dial back, unauthorized audio text,
international and national simple resale (ISR/NISR), international revenue share fraud
(IRSF), premium rate service (PRS) fraud, internet fraud, hacking, SMS spamming, SMS
flooding, SMS hoax, and other similar services; or
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Tampering, altering, modification, or unauthorized programming of the SIM Card or its
digital reference.
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The Subscriber shall be liable to the Company for any and all compensation fee on account of any of
the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation
fee is payable, without any limitation from the time the Unauthorized Activity occurred until the
actual cessation thereof. A penalty equivalent to one hundred fifty percent (150%) of the computed
revenue losses shall be charged against the subscriber if proven accountable for such Unauthorized
Activity. For this purpose, the Company has the right to full access to the relevant books and all
other records of the Subscriber in order to ascertain the volume of traffic and total amount of
compensation fee payable. In the absence of said record, the Company shall have the sole discretion
in the determination of the bypass compensation. In addition to the Unauthorized Activities referred
to above, the Subscriber undertakes not to use the Service for any activity that is contrary to
morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty
(the “Illegal Activities”). The Subscriber agrees to indemnify and hold the Company free and
harmless from any liability, suit, or damage arising from or connected with the Subscriber’s
Unauthorized and/or Illegal Activities. The Subscriber further authorizes the Company to supply any
and all information requested by any law enforcement or government agency/ies, or other private
entities, the latter within the limits provided for by law, relative to the Subscriber’s
subscription to the Service. In which case, the Subscriber hereby irrevocably and unconditionally
waives any and all its relevant remedies under the law, including but not limited to the right to
claim damages.
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The Company shall not be liable for any loss, costs, compensation, damage or liability to the
Subscriber or any third party arising directly or indirectly out of or in connection with the
provision or use of the Service including, without prejudice to the generality of the foregoing, any
loss, costs, compensation, damage or liability to the Subscriber or third parties caused by:
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any delay, interruption, or termination of the Service, whether caused by administrative
error, technical, mechanical, electrical, or electronic fault or difficulty or any other
reason or circumstances beyond the Company's control (including, but not limited to, acts of
God, strike, epidemic, labor disputes, fire, disturbance, action of government, atmospheric
conditions, lightning, interference or damage by third parties or any change in
legislation);
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any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of
any information transmitted to or from the Subscriber howsoever caused;
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theft or unauthorized use of the SIM Cards or any loss, costs, damages, or compensation
incurred by or payable to any third party by the Subscriber; or
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transmission or non-transmission of any illegal, false, misleading, derogatory, libelous,
obscene or vulgar messages or information.
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The Company reserves the right to disconnect or refuse to connect the Service in the event that the
Subscriber is found to have used it for any unlawful, fraudulent, illicit or abusive purpose, as may
be determined by the Company.
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The Company is not responsible for any problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer equipment, software, technical
problems of the phone or of any phone network, or any combination thereof, including any injury or
damage to users or any other person’s phone related to or resulting from participation in or sending
or receiving of any communication of any materials in this Service.
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By using the Service, the Subscriber expressly agrees to indemnify and keep the Company indemnified
from any claim, cost, demand, tax, liability or damage suffered or incurred by the Company or its
directors, employees or agents, arising directly or indirectly out of the Subscriber’s use of the
Service.
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Content (including, but not limited to, information, communications, software, images and sounds
contained on or available through the Service) is provided by SMART, its content providers and or
third party licensors. The intellectual property rights to or over the contents contained in the
content belong to SMART, its content providers and/or third party licensors. All rights are
reserved. The contents of the Service cannot be reproduced, modified, transferred, distributed,
republished, downloaded, posted or transmitted in any form or by any means including, but not
limited to, electronic, mechanical photocopying or recording. Without prejudice to the foregoing,
you agree that the material and content contained within or available through the Service may not be
used for commercial purposes or distributed commercially.
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These Terms shall be in effect from the date of Subscriber’s availment of the Service.
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The Company reserves the right at its absolute discretion to modify, delete or add to any of the
terms of these Terms at any time without further notice. It is the Subscriber’s responsibility to
regularly check any changes to the Agreement available in the Company’s website. The Subscriber’s
continued use of the Service after any such changes constitutes acceptance of the new Agreement.
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These Termsshall be construed in accordance with Philippine law, including matters on enforcement
and performance. All suits involving the Service shall be filed with the proper courts in Makati
City, Metro Manila, Philippines only.
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