Welcome to National Geographic’s Talk Abroad® Travel Phone service. By activating or using our service, you agree to be bound by these terms and conditions (T&C's). If you do not agree to these T&C's, do not activate or use the service or equipment.
In this Agreement the following terms mean:
“Advance Payment” – A payment by the Customer, (excluding Charges) to enable the Customer to use Services to include, but not limited to, International Calls, International Roaming, and other premium-rate Services provided by Cellular Abroad.
“Call” – A transmission made over the Network for the purpose of communicating a voice or data message (which includes, without limitation, Short Text Messages (SMS), Multimedia Messages (MMS), and Wireless Application Protocol (WAP) Services.)
“Call Content” – The content of any voice or data Call received or made by a Customer over the Talk Abroad Network or other Network Operators.
“Charges” – The Charges for the Services including, but not limited to, connection Charges, rental Charges, tariff Charges, or Call Charges (which may vary depending on the type of Call that is made), and administrative Charges and Charges for Third-party Services which the Customer may elect to receive.
“Cellular Abroad” – Cellular Abroad, Inc., National Geographic Society Licensee, whose registered office is at 425 Culver Blvd., Playa Del Rey, CA 90293, U.S.A. Referred to in this Contract from time to time as “we,” “us,” or “our.”
“Cellular Abroad Agent” – Any Third-party authorized to promote and sell the Services or carry out business activities on Cellular Abroad’s behalf.
“Customer” – The individual or entity who accepts these Terms and Conditions and, where applicable, completes Registration with Cellular Abroad, thus entering the Agreement.
“Customer Literature” – Any user’s guides, manuals, electronic information, and support provided directly by Cellular Abroad or indirectly through Cellular Abroad Agents.
“Equipment” – The Customer’s mobile phone handset, product or other terminal (e.g., PDA), or SIM Card, which is connected to the Talk Abroad Network pursuant to this Agreement. Also referred to in this Contract from time to time as “Phone,” “Handset,” or “SIM Card.”
“GPRS Session” – A WAP or Internet session established using GPRS technology.
“Minutes” – The air time balance remaining on the Customer’s account for making or receiving Calls.
“Network” – All of the cables, exchanges, transmitters, receivers, computer hardware and software, and other equipment and facilities, including those used by Third-party Network Operators, by which the Services are provided (excluding Equipment owned or operated by the Customer and by other users and Customers of the Services).
“Network Operator” – A licensed mobile telephony service provider.
“Number” – Mobile Station International Subscriber Directory Number (MSISDN) – the unique ten-digit mobile phone number programmed into a Talk Abroad® SIM Card.
“Price Guide” – The Charges associated with the Services as outlined in the Customer literature.
“Registration” – The process by which the Customer registers his or her information in writing, orally, or electronically with Cellular Abroad, which forms part of these Terms and Conditions.
“Recharge Voucher” – An Advance Payment made by the Customer for continued use of the Talk Abroad program.
“Roam/Roaming” – The service that allows Customers to use the phone on Third-party Network Operators, usually in foreign countries.
“Services” – The mobile telephony Services provided by Cellular Abroad that enable the Customer to make or receive Calls over the Network, and any additional Services provided by Cellular Abroad over the Network from time to time to include but not limited to WAP, Roaming, GPRS Services, SMS, MMS, Internet access, and Talk Abroad Services.
“Talk Abroad” – The prepaid Cellular Abroad service whereby the Customer pays for usage of the Services with Recharge Vouchers.
“Talk Abroad Travel Phone” – The Equipment currently available from retailers and at Cellular Abroad’s website.
“Talk Abroad SIM Card” – The card, bearing a unique Number or personal identification Number, is used with the Equipment.
“Third-party Service” – Any service promoted or provided by third parties to the Customer over the Network.
“Warranty” – The limited warranty received with your Equipment at the time of purchase.
These Terms and Conditions and your Registration (if any) constitute your Agreement with Cellular Abroad, Inc. and its affiliates (together, “Cellular Abroad,” “we,” or “us”) for any wireless Services and other telecommunications Services that we provide you (“Talk Abroad®”), any applications, Phones, or products that you purchase or obtain from us or use with the Service (“Equipment”), and any applications or Services that you purchase, obtain, or use that are provided through or with the Services, or billed to your Talk Abroad account (“Third-party Services”). Rate plan and feature information for the Services you select or use are available to you when you purchase the Service at retail locations and on our website, and are a part of our Agreement and are incorporated by reference into these Terms and Conditions (the Terms and Conditions, your Registration, and the rate plan information together are referred to as the “Agreement”). You acknowledge that no employee, dealer, or other agent is authorized to make any representation or warranty (other than as described in the Agreement or our current materials) with respect to the Agreement, Service, Equipment, or rate plans and offerings, or to waive or modify any terms or provisions of the Agreement.
3. Cellular Abroad’s Service Obligations
• We will use reasonable efforts to make Services available to you at all times. However, the Services are available only within the range of Network base stations. Both quality and availability of the Services are affected by factors that could cause radio interference, such as physical obstructions and atmospheric conditions, and by technical faults in the Network and other telecommunication Networks through which Calls may be relayed.
• Cellular Abroad may issue such reasonable instructions to their Customers, concerning the use of the Services for any valid reason Cellular Abroad deems sufficient.
• Cellular Abroad makes no representation and gives no warranty as to the performance of any of the Third-party Services. We may withdraw access to Third-party Services at any time. Third-party Services are used at your sole risk, and we are not liable for any loss or damage suffered by you arising from the use of such Services. Cellular Abroad may be required to charge the use of such Services against your Talk Abroad Minutes.
Third-party Services are not guaranteed in every country; they depend on the chosen Network Operator’s Roaming Agreement with our Services.
4. Customer Obligations
You agree as follows:
• The use of Cellular Abroad’s Services is governed by Cellular Abroad’s Acceptable Use Policy, which is in addition to and forms part of these Terms and Conditions, a copy of which is available for viewing online at www.cellularabroad.com.
• Your Registration information is accurate and true. You understand the nature of this Agreement.
• You acknowledge that if we suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorized or contains false particulars, for the protection of our Customers and the Network, we may delay connection or disconnect Services to your Equipment while we investigate further. If our suspicions prove groundless we will connect or reconnect Services immediately. You acknowledge that you will have no claim against us in respect of any delay or disconnection caused as a result of the operation of this condition.
• Not to use the Services or the Equipment for any improper, indecent, unlawful, or fraudulent purpose; or to cause injury, offense, or annoyance to any person; and you agree that we may disconnect service if we believe that you have failed your obligations in this regard. While traveling in foreign countries, your use of the Services may be subject to different laws and regulations that apply in that other country. Cellular Abroad is not liable for your failure to comply with those laws or regulations.
• To only use GSM-approved Equipment and to follow Cellular Abroad’s reasonable instructions governing its use and to remain solely responsible for the manner in which the Equipment is used.
• To comply with Cellular Abroad’s requests in particular as to the manner of using the Services and in relation to the investigation of any offenses.
• To inform us immediately if any of your Equipment is damaged or missing on arrival. You will remain liable for all Charges incurred until you do so.
• Reliance on Call Content is at your sole risk. Cellular Abroad shall not be liable for any Call Content sent or received by you. Cellular Abroad makes no representation as to the quality, accuracy, correctness, completeness, or suitability of any Call Content. Call Content must not be exploited commercially to the detriment of Cellular Abroad or any Third-party and must not be used to provide any other online or information service. Call Content may be protected by copyright, trademark, or other intellectual property rights.
5. Recharge Vouchers
Free Minutes given to the Customer on initial Registration of their new Talk Abroad Travel Phone or SIM (if any) shall be valid for the periods set out in the Price Guide and/or Customer Literature current as at the date of Registration. In the event that the cash value of Minutes forming part of free Minutes given to a Customer is not used within the relevant validity period, such unused airtime will be forfeited. Notwithstanding that you use all of your Minutes, or that the free Minutes given to a Customer in accordance with the above conditions expires, your Device will continue to be capable of receiving incoming Calls for the periods set out in the Price Guide and/or Customer Literature current as at the date of expiry.
Recharge Vouchers are issued only by Cellular Abroad and its affiliates, as described at www.cellularabroad.com. Recharge Vouchers ordered by other people or persons on the behalf of our Customer are subject to investigation by Cellular Abroad unless an oral, electronic, or written agreement has been made to confirm the identity of such people or person’s authorization to order Recharge Vouchers on your behalf. If no such condition has been met, Recharge Vouchers may be delayed up to 24 hours, or if we suspect on reasonable grounds that an order has been supplied to us without the knowledge of the Customer, is unauthorized or contains false particulars, for the protection of our Customers and the Network, we may delay connection or disconnect Services to the Equipment while we investigate further. If our suspicions prove groundless we will connect or reconnect Services immediately. You acknowledge that you will have no claim against us in respect of any delay or disconnection caused as a result of the operation of this condition.
Your service will be disconnected if during the previous 12 months, you have not purchased a new Recharge. If your Services are disconnected, your mobile telephone Number will be void until such time of reconnection to the Services. Cellular Abroad may at its discretion, on request and on reconnection to the Services, re-credit the Minutes remaining on your account at the time it was disconnected. There may (or will) be Charges associated with reconnection to the Services, outlined at Cellular Abroad’s website. No cash credits will be given for unused Minutes. We reserve the right to refuse to accept cash or check payments in return for Services.
You are responsible for prepaying all Charges for using the Service. The Minutes in your prepaid Talk Abroad account are reduced by the Charges attributable to your use of the Services. Service lasts as long as the earlier of (a) the end of the Minutes validity period or (b) when the Minutes balance is reduced to zero; afterward, the Services will be interrupted.
All Recharge Voucher Service information provided in the literature is accurate at the time of printing.
6. Returns and Repairs Policy
We cannot accept a package without an RMA number (Return Merchandise Authorization). In order to receive your RMA number before you return your Equipment, you must contact us via our toll-free hotline at 1-800-287-5072, or via our landline at +1 310 862 7100. In all circumstances, the Customer is responsible for return shipping costs as well as shipping costs charged by Cellular Abroad for shipping your Equipment. More information referring to Returns and Repair policies can be found at www.cellularabroad.com.
For all Equipment that was not purchased from Cellular Abroad, please refer to the vendor’s policy for returns and repairs. If you purchased your Equipment directly from Cellular Abroad, there is a return period during which you can return your Cellular Abroad Equipment without incurring any extra Charges. If you have completed your Services Registration, the return period is 15 calendar days from the date the Equipment is received, or 30 days from the date of purchase if you have not completed your Registration. Online Customer Registration is completed when Equipment has been ordered from Cellular Abroad and its affiliates. In order to receive a full refund of the purchase price (minus shipping) of your Equipment, the returned Equipment must be in unused condition with proof of purchase, and you may be exempt from a 25% restocking fee. If you are returning open box Equipment, it must be unused or resellable in “as new” condition, including all original accessories, manuals, and packaging, and will be subject to a 25% restocking fee. If you choose to cancel Services and return your Equipment, all Services and other Charges incurred prior to cancellation will be deducted from your refund. We will accept defective items within 30 calendar days from the date the Equipment is received, in the rare occurrence that they are noticeably defective upon arrival (such as not powering on). Defective items must include all original accessories, manuals, and packaging. If your Equipment is under Warranty, please refer to page 31 before making a claim.
7. Service Availability and Limitations
Your Phone operates as a radio and Service is only available when your Equipment is within range of a Network antenna providing Service. Coverage maps only approximate our wireless coverage area outdoors; actual service area, coverage, and quality may vary and change without notice. There may be gaps in Service within the estimated coverage areas shown on coverage maps. Even within a coverage area, factors, such as Network changes, emergencies, traffic volume, transmission limits, service outages, technical limitations, signal strength, your Equipment, interconnecting carriers, terrain, structures, weather, and other conditions (without limit) may interfere with actual service, quality, and availability. Calls may be interrupted, dropped, refused, or limited. Coverage maps mostly depict areas where our Network Operators provide our Services; such coverage may change without notice. We are not responsible for those Networks and some Services are not available on Third-party Networks or while Roaming. We may impose credit, usage, or other limits to Service, cancel or suspend Service, or block certain types of Calls, messages, or sessions (such as international, 900, or 976 Calls) at our discretion. We may suspend Service without notice if you exceed any credit limit.
8. Disclaimer of Warranties
Except for any other written warranty that may be provided, and to the extent permitted by law, all Services, products, and Third-party products are provided “as is,” “with all faults,” and without warranties of any kind, either express or implied, including without limit, merchantability, non-infringement, or fitness for a particular purpose, all of which are expressly disclaimed. You assume all responsibility and risk for use of the Service or products. We do not authorize anyone to make a warranty of any kind on our behalf, and you should not rely on any such statement. Any statements made in packaging, manuals, or other documents, or by any of our dealers (except for any written limited warranty that may be provided), are for informational purposes only and are not warranties by us of any kind. We and our officers, directors, employees, agents, dealers, suppliers, parent entities, subsidiaries, or affiliates do not warrant that the information, software, Equipment, processes, or Services will be uninterrupted, accurate, complete, useful, functional, or bug or error free. If you received a written “Cellular Abroad Limited Warranty” with your phone, it is the only warranty made by us with respect to the phone. If applicable state law does not allow the disclaimer of certain implied warranties, the relevant portions of the above exclusion may not apply to you.
9. Exclusion of Liability
We are not liable to you, other users of your Phone, or third parties for any deficiency in performance or quality, caused in whole or in part by an act or omission of an underlying carrier or service provider; website; messaging community; dealer; Equipment or facility failure; Phone failure or unavailability; discontinuation of Service; or Phones; Network problems; lack of coverage or Network capacity; Equipment or facility upgrade or modification; delay or failure of Number portability; acts of nature; strikes; fire; terrorism; war; riot; emergency; government actions; Equipment or facility shortage or relocation; the failure of an incoming or outgoing Call, including 9-1-1 emergency, priority access, or secured-service Call; to be connected or completed or for the functionality of location Services, including 9-1-1 location Services, priority access, or secured Call or alert service; or causes beyond our reasonable control.
Even if Cellular Abroad has been advised of the possibility of damages, Cellular Abroad and its affiliates will not be liable to you or any of your employees, agents, Customers, or any third parties for any damages arising from use of the service or any phone, including without limitation: punitive, exemplary, incidental, treble, special, or consequential damages; loss of privacy or security damages; personal injury or property damages; copyright, trademark, patent, trade secret, or other intellectual property damages; or any damages whatsoever arising from interruption or failure of service, listing errors, lost profits, loss of business, loss of data, loss due to unauthorized access or due to viruses or other harmful components, cost of replacement products and Services, suspension, termination, or the inability to use the service or any product, the content of any data transmission, communication, or message transmitted to or received by your phone (whether read or unread, solicited or unsolicited), or losses resulting from any products, goods, or service purchased, messages received, or transactions entered into through the service. If the state law applicable to your claims does not allow the exclusion or limitation of incidental or consequential damages, or other modifications of or limitations to certain remedies, the relevant portions of the above exclusion or limitation will not apply to you.
The maximum aggregate liability of Cellular Abroad and its affiliates to you, and the exclusive remedy available in connection with the Agreement for any and all damages, injury, or losses arising from any and all claims or causes of action related to Services or phones, shall be a refund or rebate of the Charges you paid or owe us for the applicable service or phone. The existence of multiple claims or suits under or related to this Agreement will not enlarge or extend the limitation of money damages. Except to the extent prohibited by law, all claims must be brought within two years of the date the claim arises.
You agree to defend, indemnify, and hold us, our affiliates, and any Roaming or Network partner, harmless from any and all claims, demands, actions, liabilities, costs, or damages arising out of your use of the Service or Products; any legal disclosures we make relating to your Service or Product; or your breach of this Agreement. You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this Sec. 10 applies.
Wireless systems use radios to transmit communications over a complex Network. We do not guarantee that your communications using the Service or Products will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We may (but are not required to) monitor, intercept, and disclose your transmissions, location,
or communications and may disclose your billing, account, calling records, or other information, in good-faith reliance on legal process, if required by law or to protect our rights, business, Network, or Customers. We may locate you through our Network. Your caller identification (such as your name and Number) even if unlisted may be displayed to others (for example, on the Equipment or bill of the person receiving your Call or any Internet site you visit.) For more information on our privacy policies, please see our privacy notice at www.cellularabroad.com/privacy.php. The way third parties handle and use your personal information is governed by their policies; and we are not responsible for their policies or their compliance with them.
We may assign all or part of our rights or duties under the Agreement without such assignment being considered a change to the Agreement, and without notice to you, except to the extent provided by law. We are then released from all liability. You may not assign the Agreement without our prior written consent. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.
13. Notices/Customer Communications
You agree we may notify and communicate with you, or respond to your inquiries electronically through your Phone or otherwise, such as by e-mail, voice mail, or text messaging, which is considered given and received immediately upon transmission. Written notice to us is considered given when received by Cellular Abroad, Inc. at 425 Culver Blvd., Playa Del Rey, CA 90293.
14. Digital Millennium Copyright Act (“DMCA”) Notice
To the extent in providing Service we may act as a “Services Provider” (as defined by DMCA) and offer Services as an online provider of materials and links to Third-party sites. As a result, Third-party materials that we do not own or control may be transmitted, stored, accessed, or made available using the Service. If you believe material available via the Service infringes a copyright, notify us using the notice procedure under the DMCA. We will respond expeditiously to remove or disable access to such material and will follow the procedures specified in the DMCA to resolve the claim. Please follow written notice guidelines in sec. 13.
If any dispute arises between us concerning the operation or the interpretation of this Agreement, we agree to use all reasonable endeavors to resolve any such dispute through our Customer Care Department but remain at liberty to pursue any lawful means in order to resolve the issue. In certain instances, Customers may be due compensation or refund arising from use of the Services. Contact details for all Customer Inquiries can be found on www.cellularabroad.com.
16. Entire Agreement/Applicable Law/Venue/Miscellaneous
This Agreement represents the final and entire Agreement between you and Cellular Abroad regarding the Service and Products. Electronic images of the Agreement will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in this Agreement. If we don’t enforce our rights under any of the provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorized. This Agreement is governed by the Federal Arbitration Agreement, applicable federal law, and the laws of the state in which your billing address in our records is located. Foreign laws do not apply. Arbitration proceedings or any actions to enforce an arbitration award must be in the state where your Service is principally provided, but not outside the U.S.
17. Other Agreements and/or Warranties
Other Services (such as Third-party Services) or Products may come with separate written Terms or Conditions, and Warranties that govern their use or purchase. Please see those other Agreements or Warranties for your rights and duties regarding their use.