By using the Smart Home WiFi Prepaid Service (“Service”), of Smart
Communications, Inc. (“SMART”, or the “Company”), you, as the “Subscriber”
hereby agree to the Smart Home WiFi Prepaid Service Terms and Conditions
(this “Agreement”) and the Terms and Conditions for Subscriber’s Identity
Module (“SIM”) Registration (“SIM Registration
Terms”), (collectively referred to as the “Terms”) to wit:
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The Service is a fixed wireless internet access designed to function
properly if the Subscriber has the following:
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Smart Home WiFi Prepaid modem (“Modem”);
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Smart Home WiFi Prepaid SIM (“SIM”), which will have a corresponding
Mobile Identification Number (“Number”); and
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Smart Home WiFi Prepaid promos or airtime value loaded into the
Subscriber’s Smart Prepaid Home WiFi account.
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All new Smart Home WiFi Prepaid Subscribers shall, consistent with their
obligation under the SIM Registration Act, be required to register their
SIMs either through (i) the Company’s designated online portal (“SIM
Registration Portal”) accessible via the following link:
https://smart.com.ph/simreg,
or (ii) through assisted channels via SMART retail stores located
nationwide, as a pre-requisite to the activation thereof and in
accordance with the requirements of Republic Act No. 11934 otherwise
known as the "Subscriber Identity Module 'SIM' Registration Act" and its
Implementing Rules and Regulations set out in NTC Memorandum Circular
No. 001-12-2022 (hereafter, the "SIM Registration Act").
Failure to comply with the
SIM Registration Terms
shall result in the automatic deactivation of the SIM and the imposition
of any applicable charges and/or fees.
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You may avail of the Smart Home WiFi Prepaid Kit for a one-time fee
which includes the Modem, the SIM, a FREE data offer, as may be
determined by the Company, at the time of purchase.
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The Service is prepaid which enables the Subscriber to load their
account on a chosen time and with a chosen amount in accordance with
this Agreement. There is no monthly bill and no fixed contract period.
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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, network
congestion and traffic, device connectivity and intensity of usage,
number and type of connected devices, network management policies
(including traffic prioritization and throttling, whenever applicable),
compliance with SMART’s Fair Usage Policy (FUP) (whenever applicable),
weather conditions (such as extreme temperatures, storms, or humidity),
Modem firmware and software versions, and compatibility and capability
of connected user devices.
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The Modem, SIM, and airtime load value are neither refundable nor
redeemable, either in part or in full.
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The SIM can only be used with the Modem it is bundled with. Please do
not remove the SIM to avoid any issues with your Modem and SIM
including, but not limited to the Modem warranty, Service connection,
and/or promo subscriptions.
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SMART reserves the right to network-lock devices as part of the Smart
Home WiFi Prepaid Kit for use only of its own services. The Modem may
not be used if a SIM from a different mobile network provider is
inserted.
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Since the Service provided hereunder is data only, Subscriber is
prohibited from making or receiving calls and sending of text messages
with the SIM provided.
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Notwithstanding the foregoing, the Subscriber shall receive service
notifications from SMART (e.g., usage, loading, etc.) through incoming
Short Message Service (“SMS”), which can be accessed through the Modem’s
dashboard.
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The Service requires for its use, reload of airtime value through the
Smart App, Smart Online Store, Smart Load Card, Smart Load or PasaLoad.
After an airtime value is loaded into the SIM, such value shall be valid
for a specific period as indicated at the time of purchase or loading,
as the case may be. Regular load should be converted to Smart Home WiFi
Prepaid promos to access the Internet. Any unloaded SMART Load Card
shall expire on the date shown at the reverse portion of the relevant
SMART Load 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 Smart App, the Subscriber
will be required to link their Smart Home WiFi Prepaid Number to his/her
Smart App account and provide a secondary mobile number (the “Contact
Number”), where any one-time password (“OTP”), service-related
notifications, advisories, and marketing promotions shall also be sent.
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The Subscriber’s SIM will be PERMANENTLY DISCONNECTED: (1) if the
Subscriber fails to comply with the SIM Registration Terms; or (2) if
the SIM remains inactive or unused until the indicated expiry date on
the SIM packaging, or (3) if the activated SIM 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. Numbers associated with the disconnected SIM cards
may not be reacquired. A new Smart Home WiFi SIM must be purchased to
continue using the Service. This will have a different mobile number.
Requests for 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 load amount to his/her Smart
Home WiFi Prepaid account.
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Subscriber is allowed only five (5) attempts per calendar day to
correctly load the value of the SMART Load Card. Otherwise, the
Subscriber will have to wait for the next day (12:00 midnight) to
correctly load the SMART Load Card.
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The security and care of the Modem, SIM, SMART Load Card and whenever
applicable, any 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 any details or itemized transactions
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 Modem, SIM and any airtime load values are non-refundable and
non-replaceable in the event of loss, theft, or damage due to misuse,
mishandling, or neglect. However, if the Modem and/or SIM are found to
have inherent defects, the Subscriber may request for their replacement
at any Smart Store. A different Number may be provided as included in
the replacement SIM, if determined, at the sole discretion of SMART, to
be replaceable. The following shall apply to Modem parts found with
inherent defects:
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Subscriber may request for its replacement within the seven (7) day
replacement warranty period at any Smart Store.
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If the Modem is found to be defective after the seven (7) day
replacement warranty period, Subscriber may go to any of the
authorized service centers for device repair. You may check the list
of authorized service centers in SMART’s website.
The one (1) year service warranty and warranty terms shall be
applied. The list of service centers is also listed in the warranty
card found in the box of the Modem.
All replacements due to defects are subject to the investigation and
validation of the Company’s Customer Care upon presentation of the
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 Modem, SIM,
or load.
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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 unlawful, illicit, abusive
and/or fraudulent purpose or activities, or is found to use abusive
and/or indecent language to other subscribers or Company staff and
partners, 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 Service is intended for personal and authorized commercial use only.
The Subscriber shall not engage in the following activities
(collectively, the “Unauthorized Activities”):
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Any unauthorized commercial use of the Service, including, but not
limited to, (a) reselling, redistributing, or sublicensing of the
Service or any portion thereof; (b) providing the Service or access
to the Service to third parties for a fee or other consideration;
(c) using the Service to operate or facilitate a business, service,
or platform that generates revenue from third-party utilization; and
(d) using the Service to provide internet access, data services, or
related services to others 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;
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Tampering, altering, modification, or unauthorized programming of
the SIM card or its digital reference;
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Activities that are considered unlawful by the laws of the Republic
of the Philippines;
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Obstruction or penetration, or attempts to obstruct or penetrate the
security of any entity’s network or systems such as malicious
software (e.g., Trojan horses, worms, spyware, etc.), denial of
service attacks, spam emails, etc.;
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Excessive contribution to network congestion, which results to
disruption of other subscribers’ access to the network and
diminishes network performance; or
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Use of high bandwidth applications and services like operation of
servers, web broadcasting, and the like.
Any unauthorized use of the Service that directly or indirectly results
in financial gain through the utilization of third parties is strictly
prohibited. If SMART determines, in its sole discretion, that the
Subscriber is engaging in any of the aforementioned Unauthorized
Activities, SMART reserves the right to take necessary actions
including, but not limited to, the following:
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implement network management practices to improve its service, to
reduce network congestion, and/or to adapt to technological
advancements;
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downgrade Subscriber’s data speed in case of excessive usage at any
point;
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obtain and monitor Subscriber’s usage information through reasonable
and legal methods; and/or
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Immediately disconnect, interrupt, or terminate the Subscriber’s
data services without prior notice and without refund.
Factors considered in the determination of whether the Subscriber has
engaged or is continuously engaging in any of the Unauthorized
Activities, may include, but are not limited to, excessive data usage,
multiple simultaneous connections more than the allowed number of
devices, and evidence of reselling or providing the Service to others
for profit.
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The Subscriber shall likewise be liable to the Company for any and all
compensation fee on account of any of the above Unauthorized Activities.
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, failure 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 Modem, SIM cards, load used as part
of the Service, 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 is not responsible for any problems or technical malfunction
of any 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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In using the Service, the Subscriber shall not commit any act in
contravention of Republic Act No. 11930 or the ‘Anti-Online Sexual Abuse
or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation
Materials Act’ (“RA No. 11930”), including but not limited to the
following: (a) participating, in whatever way, in the creation or
production of any form of Online Sexual Abuse or Exploitation of
Children (“OSAEC”) and Child Sexual Abuse or Exploitation Materials
(“CSAEM”); (b) selling, distributing exhibiting and/or advertising, by
any means, any form of CSAEM; (c) publishing, transmitting and/or
broadcasting, by any means, any form of CSAEM; (d) streaming and/or
live-streaming acts of, or any form of OSAEC and CSAEM.
SMART has the right to (a) implement controls to automatically detect
and block access to and/or remove or take down content, internet
address, uniform resource locator (URL), websites, applications or
content/s which has CSAEM or content in contravention of RA No. 11930;
(b) preserve all Subscriber’s registration information and traffic data
in its control and possession and/or maintain logs of each and every
Subscriber and the Internet Protocol (IP) Address assigned to each and
every Subscriber at a given date and time in compliance with RA No.
11930; and (c) upon subpoena, request or instruction of competent
authority, (i) provide to the requesting government agency, regulatory
or governmental body, the Subscriber’s registration information and/or
traffic data of any Subscriber who: (1) gained or attempted to gain
access to an internet site, internet asset or internet application which
contains any form of CSAEM; or (2) facilitated the violations of RA No.
11930; or (3) conducted the streaming or live-streaming of child sexual
exploitation or (ii) otherwise report to the requesting government
agency, regulatory or governmental body, the internet address or
websites blocked, removed or taken down by SMART, or any form of unusual
data activity by a Subscriber using the Service and any and all
information that may or is required to be reported in accordance with RA
No. 11930.
The Subscriber acknowledges and agrees that SMART may in its discretion,
delay or dispense with notification to the Subscriber, (a) where such
Subscriber is stated or identified to be a suspected offender of an act
of OSAEC in an ongoing criminal investigation, or (b) the fact of the
existence of a subpoena, warrant, court order, or other governmental
request directing SMART to disclose information about said Subscriber
for the purposes of the criminal investigation.
The Subscriber agrees to abide by all applicable laws relating to the
use of the Service. Violations will be deemed adequate grounds for the
termination of this Agreement, discontinuance of the Service and the
imposition of pre-termination fees, when applicable.
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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 information
or media 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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SMART may collect, use, and disclose personal information as set forth
in the SMART Home WiFi Prepaid Privacy Notice
(https://smart.com.ph/Corporate/privacy/home-wifi-prepaid).
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These Terms shall be in effect from the date of Subscriber’s purchase of
products related to 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 Terms shall be construed in accordance with Philippine law,
including matters on enforcement and performance. All suits involving
the Service shall be filed with the proper courts in Makati City, Metro
Manila, Philippines only, to the exclusion of all other venues.
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If any provision of these Terms is held to be invalid or unenforceable,
such provision shall be deleted and the remaining provisions shall
continue to be enforced. The Subscriber agrees that these Terms and all
incorporated agreements may be automatically assigned by SMART in its
sole discretion. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
SMART’s failure to act with respect to a breach by the Subscriber or
other users does not waive its right to act with respect to subsequent
or similar breaches. These Terms set forth the entire understanding and
agreement between the Subscriber and SMART with respect to the subject
matter hereof. Sections 21 & 22 (Exclusions and Limitations of
Liability), and 24 (Release and Indemnity) shall survive any termination
or expiration of these Terms, or your use of the Service.
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These Terms are the entire agreement between the Subscriber and SMART
and supersede any prior understandings or agreements (written or oral).
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