These Terms and Conditions shall govern the relationship between (Curaçao Telecom N.V., d.b.a. Digicel Curacao (hereinafter referred to as “Digicel”, "we", "us" "our" and "the company") and the user (hereinafter referred to as "you", "your", "the customer") of Mobile Telephone Service (hereafter referred to as "Service(s)", "Digicel Mobile Service") shall constitute legal and binding obligations on the parties once you have made or received your first call from your prepaid phone.
These Terms and Conditions annul all prior understandings between you and us. By using Services, you have agreed to these Terms and Conditions.
We reserve the right to amend or unilaterally change any of Digicel Mobile Service products and/or Digicel Mobile Service services and or the Terms and Conditions of this Agreement subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media and/or our website. If Service is used after notice of amendment, then it shall be deemed accepted and the Terms and Conditions of this Agreement shall be applicable.
2. Return Policy
If you have a problem with your recharge card please call Digicel Customer Care. No refund will be given for your recharge card from the dealer.
3. Rebate Policy
If you took advantage of the one-time offer to obtain a rebate for a cellular phone that meets specified requirements, you, in signing the rebate receipt, assume all liabilities associated with the phone that was traded in and have indemnified Digicel from any third party claims.
4. Information Disclosure
We reserve the right to refuse any request for account information where we are unable to verify that the requester is in fact the account holder, authorized contact or user of the account. The company may however, disclose any information about you and your accounts:
- if the company, in its discretion, deems such disclosure necessary or desirable;
- pursuant to legal process or subpoena;
- if disclosure is necessary to protect the company’s interests.
By using the Service you consent to and authorize any such disclosure. The company shall not become liable by reason of the giving of such information or of it being inaccurate or incomplete.
Any inquiries or changes to your phone account can only occur once you have registered with the company having completed and submitted a registration card provided by the Digicel dealer at the point of sale.
5. Provision of Service
Our Services are provided by radio transmission and are therefore available only within the range of our Network’s base stations. Both quality and availability of our Services are affected by radio interference due to physical obstruction, atmospheric conditions and by technical faults or other defects in the Network.
6. Service Charges
The company’s tariffs, for the Service, as amended from time to time, also form part of the Agreement. Such tariffs may include in addition to our cost, other charges, fees as from time to time may be applicable, levied or charged from third party providers and or authorities. We reserve the right to alter such tariffs and will notify the Customer of such a change by notice in writing and/or via national media and / or via our website.
7. Digicel Mobile Numbers
Digicel has proprietary rights to any mobile number allocated to you. We reserve the right at any time to alter or replace a mobile number allocated to you or any other name, code or number whatsoever associated with our Service.
8. Mobile Telephone Directory & Caller ID
Our Network may allow the display of your telephone number in our telephone directory and on receiving handsets, unless otherwise specified.
9. Using your Account
As you make calls or send messages from your pre-paid phone, charges are incurred and will be deducted from your account. Your account balance is available by typing *142# and then pressing send on your phone. If you make a call and your credit expires during the call, the call will be terminated.
10. Recharging Your Account
You may add value to your account at any time by using the MCB & Giro ATM’s and by using pre-paid vouchers(flexcard). Each Digicel flexcard has an expiry date in which you have to use the value on the voucher. Once you purchase a new Flexcard, the new expiry date on your account will be the higher of the vouchers loaded on your account.
Based on circumstance, your account will go through the Prepaid Subscriber Life Cycle that consists of 4 different states:
State 1: Active - Your phone becomes active once you have made or received your first call using your preinstalled credit given by Digicel. The number of days your phone remains active is dependent on the value of the Digicel prepaid card (recharge card) purchased. Each denomination has a defined number of days before the card expires.
State 2: Inactive - Your phone becomes inactive when there is zero money in your call account. In this state, you can receive calls but you cannot make paid calls. You can only call emergency numbers and Customer Care as well as *142# recharge number to top-up your account, therefore moving you back into the active state. When your voucher time expires, you move into the Deactive State.
State 3: Deactive - Your account moves into this state when the time on your voucher has expired. This can occur even with money in the account. When you become deactive, you have a maximum of sixty (60) days before you move into the expired state. In this state, you can send and receive SMS (text messages) until there is zero money in your account. You can also receive calls, however you cannot make paid calls. You can only call emergency numbers, and Customer Care as well as your fast recharge number to top-up your account. When next you top-up, you will be moved into the active state and any money remaining on your account, will be added to your new balance. The new balance will be provided to you by the Network.
State 4: Expired - Your account becomes expired if you fail to recharge your account before the sixty (60) days given in the Deactive state. At this point your account will be terminated and you will be removed from the Network. Your mobile number and any credit on your account will be lost.
If you wish to regain access to the Network, you will need to purchase a new Digiflex SIM Pack. You may not transfer any credit balance to a third party and Digicel has no obligation to pay or refund you for the cost of the handset or any credit remaining on your prepaid account.
No invoice, including the provision of periodic or itemized statements of account, or record of calls made and/or received will be sent to a prepaid customer. We are in no way obligated to give you proof of the current state of your pre-paid account, how your credit is used or prima facie evidence of the state of your account or of any other matters recorded.
13. SIM Card
We claim ownership of all SIM Cards provided for Service to our Network and they must be returned to us, or anyone acting on our behalf, on request. You must not interfere with this card for any reason and are not allowed to let third parties interfere with the SIM Cards. Any SIM Card found defective (through no fault of ours) will require payment for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.
All Digicel authorized GSM handsets sold through our authorized dealer channel are network locked. Customers are not permitted to remove, or have a third party remove the lock, without explicit authorization from Digicel.
15. Customer Obligations
Your handsets and vouchers are your property and therefore your responsibility. You must take every precaution to keep them safe.
You have consented to:
- only use Digicel Curacao GSM- recommended equipment and facilities with the Network and comply with laws and regulations governing its use;
- use the Digicel Curacao technology on terms specified by us when it is made available;
- comply with laws and regulations governing this Network and Service;
- follow our reasonable instructions related to your use of equipment, handsets or services issued by us;
- immediately report and confirm in writing, if your equipment and/or SIM Card is lost, stolen or damaged. It remains the right of Digicel not to replace your SIM Card. If the SIM Card is replaced, you may be charged for that replacement;
- complete and sign the rebate receipt once trading in a non-Digicel or Digicel recommended phone
- comply with all reasonable requests by us, or others on our behalf, particularly in relation to the investigation of fraud or other offences or as required by law or in legal proceedings.
Should the company deem it necessary to enforce its rights hereunder in any legal action you will reimburse the company for all costs and expenses including reasonable attorney’s fees incurred as a result of such legal action.
16. Suspension & Termination
This Agreement may be suspended and/or terminated without the need for
prior written or verbal communication:
- if you breach any statutory restrictions/regulations/ procedures that
govern this Network and Service;
- if you do not comply with and/or breach any of the enlisted Terms and
Conditions of this Agreement;
- if intermittent checks, modifications and/or maintenance is deemed
necessary by the Network;
-if we have reasonable cause to believe that Service was obtained
fraudulently or fraudulent or improper use of your handset or SIM Card is
taking place against us or a third party;
- if services rendered to you may cause the Operation of the Network to be
jeopardized or impaired, or allow others to do any of the foregoing with your
equipment or any act which does not comply with relevant legislation
- if we are unable to provide the Services to you.
Should your access be interrupted or suspended in any of the circumstances
outlined above, we are in no way obligated to provide Service to you. In this
event, we reserve the right to levy a fee for reconnection to the Network.
17. Exclusion of Liability
We shall not be held liable for any direct, indirect, or consequential loss
suffered by you (or anyone claiming through you) due to any of the
- suspension or non-availability of any Service.
- suspension or termination of this Agreement.
- interruption of or failure to connect any call made to or by the equipment.
- interruption of or failure to connect any call due to failure of a third party.
- any call made to or by the equipment being overheard or intercepted by any third party.
- any data/information transmitted to or by the equipment being altered or lost.
We will have no liability to the customer for any claims whatsoever resulting
from the inability to provide the Services due to factors beyond our control,
including, but not limited to, Acts of God, Acts of war, Acts of terrorism and
the other enemies, weather events, civil disturbances, industrial action,
governmental action, force majeure, power failures, the act or omission of
any other telecommunication carrier in the this territory or elsewhere
and /or, default or failure of a third party.
Digicel, its associated or affiliated companies, their respective officers,
agents, managing-directors, supervisory-directors, principals, employees,
attorneys, underwriters, successors and assigns will not be liable for or in
respect of any effects, claims, actions, proceedings, suits and causes of
action (whether at law or in equity and including emotional distress), liens,
debts, damages, fatalities, losses or injury (whether property or personal,
consequential or otherwise), judgments, liabilities, costs and expenses
of every nature or kind whatsoever whether known or unknown, suspected
or unsuspected, (altogether, "claims whatsoever") arising out of or in
respect to our equipment and/or any electronic or radio systems in
equipment, vehicles or aircraft in your vicinity, or of any emissions or
transmissions to, from, by or through our Network and/or equipment.
If we offer goods and/or services as agents of any principal providers(s), we
will accept neither responsibility nor liability to you for the performance, loss
of profit, emotional or mental distress or disappointment, or provision
thereof by such providers, we will accept neither responsibility nor mental
distress or disappointment, or provision thereof by such providers so long as
we have identified the providers to you and such identified ourselves as
18. Hold Harmless
You will indemnify and hold harmless the company against the following:
- All damages or injury caused to the company’s service and network as a result of you negligence or failure to abide by your obligations hereunder;
- All claims arising out of your act or omission in conjunction with the service provided by the company.
If any part of this Agreement shall be deemed invalid, illegal, or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
20. Customer Information
Digicel will send you information from time to time that is deemed relevant to you. If you do not wish to receive this information you may notify Digicel in writing.
You acknowledge that Digicel is the owner or licensee of a number of trademarks and that nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright.
The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
23. Governing law
This Agreement shall be governed, interpreted and construed by, through and under the laws of the Netherlands Antilles. Disputes shall be submitted exclusively to the competent court(s) of the Netherlands Antilles.