Safari Mobile Service Terms and Conditions
Please read and understand these Terms and Conditions of Service very carefully.
This agreement contains important information pertaining to your legal rights and limitations. By accepting these terms and conditions contained herein, they become a legally binding agreement (“Agreement”) between you and Safari Mobile. You MUST be 18 years of age or older to enter into this agreement.
You accept this agreement by purchasing a Safari Mobile plan and activating a cellular handset. Activation takes place when you call us to activate your phone or purchase an already active handset. Safari Mobile requires that any disputes be resolved through arbitration instead of court.
You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for an organization, you are representing that you are authorized to bind it, and where the context requires, “you” means the organization.
Payment Requirements
Payment for Safari Mobile plans is prepaid and must be received five days prior to the renewal date of your plan or a late fee of $5 will be assessed for special processing of your late payment. Failure to receive payment in time may result in termination of service. If your services are terminated, a new activation fee in addition to the $5 late fee will be charged to reinstate your service. Any bank charges to Safari Mobile as a result of insufficient funds for any of the payment options will be charged to you.
Safari Mobile Payment Options
- ACH Automated Clearing House - This option authorizes Safari Mobile to automatically draft payment from your bank. By choosing this payment method, you are authorizing Safari Mobile to draft from your checking or savings account every 30 days for all amounts due Safari Mobile for the recurring cellular service you receive from us.
- Credit/Debit Card: - This option authorizes Safari Mobile to automatically charge your credit card account every 30 days for all amounts due Safari Mobile for the recurring cellular service you receive from us. An additional $2 fee will be added to the above if you use this option.
- Online Banking/Online Bill Pay – You are responsible for remitting checks to: Safari Mobile, c/o Integra Bank, PO Box 29 Dawson Springs, KY, 42408. Please be sure to include your phone number. Checks must be received no later then 5 days prior to your plan expiration date.
- Check by Fax– You are responsible for faxing a copy of your signed check, with your phone plainly printed, to Safari Mobile at 636-216-0001. By doing this you authorize Safari Mobile to do a one-time ACH using the information obtained from the faxed check.
Safari Mobile Minutes
Once your account is activated, a Safari Mobile phone number is assigned to the handset you purchased or provided for service. Once activated, the number of minutes assigned to the account will be available for use with the Safari Mobile Service subject to any charges that are incurred due to use of service or other fees as applicable. Any balance on your Safari Mobile account cannot be refunded, split, transferred, or redistributed to another Safari Mobile account. Your Safari Mobile airtime and minute balance can only be used with the Safari Mobile Service, and cannot be used with or transferred to any other wireless or cellular service.
Airtime Rates
The Safari Mobile Extras Account balance is issued and maintained in US dollars. Your account balance will decrease based on your usage and to pay for usage fees as specified by the plan you select. You will have access to Safari Mobile Service only when you have a balance available in the Safari Mobile Extras Account. The Unlimited Voice and Text Minute plan adds unlimited dollars to your Safari Mobile Extras Account for use only with domestic voice and text messages as well as 20 megabytes of data. You must add additional dollars to cover additional services (e.g. 411 calls, international voice and text, roaming, additional data). You may add additional dollars by purchasing them from the Safari Mobile Website or customer service. You must add your Extras dollars in a timely manner before the expiration of the Service Extension Date. The Service Extension Date is 120 days from your last replenishment or original activation of your phone.
Airtime Minutes
Each Safari Mobile PIN receipt identifies the number of minutes or Extras dollars available for using the Safari Mobile Service for a specific time period. Standard airtime minutes are available for your use for a period of 120 days beginning on the day that you purchase and add the minutes or Extras dollars to your Safari Mobile account. Unlimited and similar monthly plans are good for 30 days only.
National Long Distance Charges
There are no additional charges for nationwide long distance.
International calling
You may use your Safari Mobile Service to make international calls to landlines, as well as certain cellular phones in certain countries. The subject countries are subject to change without prior notice. You will not be able to make or receive calls using your Safari Mobile Service when you are located outside the United States, Puerto Rico, or the US Virgin Islands. There is an additional charge for the use of these services and it will be deducted from your Extras account.
Text Messaging
There may be additional fees charged for sending and receiving text messages. The rates for sending and receiving a text message using the Safari Mobile Service varies by service plan. Specific rates can be found on the description page for each plan. If there is an additional charge for the use of these services it will be deducted from your Extras account.
Web Access
Safari Mobile handsets that have been certified for WAP (“Mobile Web Services”) and MMS (“Data Services”) and will allow you to access and utilize multi-media services “MMS”. In some cases data services are additional services offered by Safari Mobile and there is an additional charge for the use of these services. If there is an additional charge for the use of these services it will be deducted from your Extras account.
Roaming
You are “roaming” whenever you make or receive a call using a transmission site outside your home coverage area, or using another company’s transmission site. Your wireless phone may sometimes connect to and roam on another company’s network even when you are within your coverage area or local calling area. There may be extra charges for long distance, tolls or calls that don’t connect and higher rates for roaming calls, depending on your plan. If there is an additional charge for the use of these services and it will be deducted from your Extras account. Availability, quality of coverage and services while roaming are not guaranteed.
Balance Usage
When you use a Safari Mobile Service (e.g. make a call, send or receive a text message, etc.), Safari Mobile will debit your account at the rate described in your plan for the feature you are using. Use begins when you answer a call and continues until you end the call. Your balance will be debited for all calls except for 911 calls. Balances are debited in full minute increments and full 8-kilobyte increments, per service. No credit is given for dropped calls.
Account Lifecycle / Forfeiture of Unused Minutes / Reassignment of Phone Number
If you do not purchase and add airtime minutes to your account prior to the expiration of the 120 day period since your last replenishment or original activation, called the Service Extension Date, your Safari Mobile Service will be deactivated and you will lose your entire unused balance. If you do not purchase and add airtime minutes to your account, Safari Mobile may reassign your phone number to a different user. If your Safari Mobile phone number is deactivated for non-use as described above, then a new phone number will need to be assigned to you by Safari Mobile should you choose to resume using Safari Mobile Service.
Safari Mobiles’ Right to Make Changes
Unless otherwise prohibited by law, Safari Mobile reserves the right to change prices or the use of the Safari Mobile Service in this Agreement at any time and without notice to you. You must refer to our website at www.safarimobile.com for an updated version of these terms and conditions.
Coverage
Safari Mobile does not guarantee coverage, service availability or the rate charged for any particular call. Even within a coverage area, other factors not under Safari Mobile’s control such as terrain, buildings, trees weather, etc. may interfere with your service.
Safari Mobile Service
The wireless telecommunications network used to provide you the Safari Mobile Service is owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Safari Mobile. Safari Mobile may modify or cancel any service or take corrective action at any time without prior notice and for any reason. Safari Mobile Service is subject to Safari Mobile policies, practices and procedures, which Safari Mobile can change without notice.
Unlimited Plan Abuse
Safari Mobile Services are provided solely for live dialogue between two individuals for personal use. Other uses have the potential to disrupt reliable service to other Safari Mobile customers and/or have an impact on network resources, so are therefore considered abuse of the service and will not be allowed. Such uses would include, but are not limited to, machine-to-machine, telemarketing, autodialing, transmission of broadcasts or recorded material, and any and all other commercial uses. We may determine at our sole discretion that abuse is taking place if, for instance, you are placing an unusually high number of calls of unusually long duration. We reserve the right to respond to such abuse by placing you on a different class of service or, at our discretion, terminating your service.
Safari Mobile Phone Number
You must accept the Safari Mobile telephone number assigned to your Safari Mobile account at the time of activation. You have no rights in the telephone number we assign to you except for any right you may have to port the number.
Unintended Use
Improper, illegal, or unauthorized use of your Safari Mobile Service may result in immediate termination of Service. You agree not to engage in any other unauthorized or illegal use of the service. These acts violate Safari Mobile’s rights and could violate state and federal laws. Safari Mobile will prosecute violators to the full extent of the law.
You agree not to resell our service to someone else without our prior written permission. You also agree that your Handset will not be used for any other purpose that is not allowed by this Agreement or that is illegal. You agree that you won’t install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal.
Suspension of Service
Safari Mobile can, without notice, limit, suspend, and deactivate your account or any agreement with you for causes which include, but are not limited to:
- Using the service in a way that adversely affects Safari Mobile Service or other customers.
- entering fraudulent PINs to access the Safari Mobile Service
- providing credit information we can not verify
- liying to us
- stealing from us
- using vulgar and/or inappropriate language toward our representatives
- harassing our representatives allowing anyone to tamper with your Handset
- exporting the Safari Mobile Handset outside the United States;
- threatening or committing violence against our representatives
- interfering with our operations
- “spamming,” or engaging in other abusive messaging or calling
- modifying your Handset from its manufacturer’s specifications
We can also temporarily limit your service for any operational or governmental reason. We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose concerning your service. We cannot promise uninterrupted or error-free service and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else.
Handset warrantees
Safari Mobile warrants that the handsets will conform in all material respects to the manufacturer’s specifications. The handset will be free from defects in material and workmanship and fit for the purpose for which it is intended for a period of 90 days from the date of purchase.
Unless the law forbids it in any particular case, there are no warranties which extend beyond these warranties and the company expressly disclaims all other warranties, whether express or implied, or arising by operation of law, including but not limited to, any warranty of merchantability or fitness for any particular purpose.
Warranty Remedies
In the event any Safari Mobile Handset fails to comply with this warranty, you may return the Safari Mobile Handset to Safari Mobile within the Warranty Period, freight prepaid at your expense.
Your sole and exclusive remedy for the non-conformance of any Safari Mobile Handset with the handset specifications or for defects in materials or workmanship in the handset within the Warranty Period shall be, at Safari Mobile’s election.
We reserve the right to:
- repair or correct the non-conformance or defect
- furnish you, without charge, with a replacement for the non-conforming or defective Safari Mobile Handset
- Reimburse you for the purchase price of the non-conforming or defective handset.
Safari Mobile shall not be liable for defects caused by abuse or misuse of its handsets. Except for Safari Mobile’s direct costs in repairing, correcting or replacing any non-conforming or defective handset, Safari Mobile shall not be liable for any other expense connected with the repair, correction or replacement of any handset or for any special, exemplary, incidental or consequential damages.
Limit of Claims
Unless the law forbids it in any particular case, we each agree to limit claims for damages or other monetary relief against each other to direct damages. This limitation and waiver will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, personal injury, products liability or any other theory. This means that neither of us will seek any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against one of our suppliers, to the extent that we would be required to indemnify the supplier for such claim.
You agree we are not liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather or other things we don’t control; or by any act of God. You also agree we are not liable for missed Voice Mails, or deletions of Voice Mails from your Voice Mailbox (if you have one), even if you have saved them, or for other information that may be lost or deleted if we service your phone. If another wireless carrier is involved in any problem (for example, while you roam), you also agree to any limitations of liability in its favor that it imposes. You also agree to any Limitations of Liability in favor of the carriers we use to provide you with the Safari Mobile Service.
Arbitration
We each agree to settle disputes (except certain small claims) only by arbitration. There is no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this agreement, as a court would. If an applicable statute provides for an award of attorney’s fees, an arbitrator can award them too. We also each agree, to the fullest extent permitted by law that the Federal Arbitration Act applies to this agreement. Except for qualifying small claims court cases, any controversy or claim arising out of or relating to this agreement, or any prior agreement for service with us or any of our affiliates or predecessors in interest, or any handset or service provided under or in connection with this agreement or such a prior agreement, or any advertising for such handsets or services, will be settled by one or more neutral arbitrators before the American Arbitration Association (“AAA”) or Better Business Bureau (“BBB”). You can also bring any issues you may have to the attention of federal, state, or local government agencies and they can, if the law allows, seek relief against us on your behalf;
For claims over $10,000, the AAA’s wireless industry arbitration (“WIA”) rules will apply. For claims of $10,000 or less, the complaining party can choose either the AAA’s supplementary procedures for consumer-related disputes, an individual action in small claims court, or the BBB’s rules for binding arbitration. Each of us may be required to exchange relevant evidence in advance. In larger or complex cases under the WIA rules, the arbitrators must apply the federal rules of evidence and the loser may have the award reviewed by a panel of three new arbitrators;
You can obtain procedures, rules and fee information from the AAA (www.adr.org), the BBB (www.bbb.org) or from us. This agreement does not permit class arbitrations even if those procedures or rules would. In exchange for your agreement to arbitrate on an individual basis, we are providing you a free internal mediation program. Mediation is a process for mutually resolving disputes. A mediator can help parties reach agreement, but doesn’t decide their issues. In our mediation program, we will assign someone (who may be from Safari Mobile) not directly involved in the dispute to mediate. That person will have all the rights and protections of a mediator. Nothing said in the mediation can be used in a later arbitration or lawsuit.
If you request mediation under our program, participate in good faith in at least one telephonic mediation session, and the mediation does not resolve the disputes between us, we will pay any filing fee later charged you by the AAA or BBB for one arbitration of those disputes. If that arbitration proceeds, we will also pay any further administrative and arbitrator fees later charged for it and (if the arbitration award is appealable under this agreement) any appeal to a new three arbitrator panel. We may make you a written offer of settlement anytime before arbitration begins. If we do and you do not recover in arbitration more than 75 percent; of the offered amount, you agree to repay us the lesser of any fees we advanced or what you would have paid in fees and costs in court under similar circumstances;
Any arbitration award made after completion of arbitration is final and binding and may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself; and
If for some reason the prohibition on class arbitrations set forth in subsection (3c) above is deemed unenforceable, then the agreement to arbitrate will not apply. Further, if for any reason a claim proceeds in court rather than through arbitration, we each waive any trial by jury.
Miscellaneous
A waiver of any part of this Agreement in one instance is not a waiver of any part or any other instance. You can not assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice.
Notices are considered delivered when we send them by email or fax to any email, text message or fax or cell phone number you have provided to us, including your Safari Mobile account number or 3 days after mailing to the most current billing address we have on file for you, if by us, or to the customer service address on your most recent bill, if by you.
If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement. This Agreement and the documents to which it refers form the entire agreement between us on their subjects. You can not rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees, collection costs and arbitration, or as required by Federal law, this Agreement and disputes covered by it are governed by the laws of the state encompassing the area code assigned to your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws or rules of that state.