TERMS & CONDITIONS
If you are under the age of 13, your parent or legal guardian must provide written consent to Kroger Wireless before you provide personal information to Kroger Wireless.
IF YOU BUY THE PHONE OR USE THE SERVICE, YOU ARE DEEMED TO CONSENT TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS OR DO NOT AGREE TO ANY UPDATED TERMS & CONDITIONS, DO NOT USE THE PHONE OR SERVICE FOLLOWING THE UPDATE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE. IF YOU CANCEL SERVICE PRIOR TO YOUR FIRST USE OF THE SERVICE, YOU MAY RETURN THE PHONE TO THE PLACE OF PURCHASE WITHIN FOURTEEN DAYS FOR A FULL REFUND OF THE PURCHASE PRICE OF THE PHONE AND ANY SERVICE PURCHASED PRIOR TO USE. IF YOU NOTIFY US THAT YOU DO NOT AGREE TO AN UPDATE, YOU WILL NOT BE PERMITTED TO ADD FUNDS, ADDITIONAL UNITS OR AIRTIME TO YOUR ACCOUNT AND YOUR SERVICE WILL BE CANCELLED EFFECTIVE UPON YOUR ACCOUNT BALANCE REACHING ZERO. CANCELLATION OF YOUR SERVICE, AND ANY APPLICABLE REFUND SPECIFIED IN THIS PARAGRAPH IS YOUR ONLY REMEDY IN THE EVENT YOU DO NOT AGREE TO THESE TERMS & CONDITIONS OR ANY UPDATE TO THEM.
These terms are subject to the Kroger Wireless General Terms & Conditions. Prices, rates, offers and programs are subject to change without notice subject to any applicable federal and state rules and regulations, and may not be available with all devices or in all markets/retail locations, or combinable with promotions/options. Monthly service charges are not refunded or prorated if service is terminated or modified before your next payment date. Unused monthly service allotments, including, but not limited to, plan minutes, messages or data allotments, expire at the end of each monthly plan period or when a customer switches service plans and do not carry forward. Partial minutes of use are rounded up to the next whole minute.
Nature of Our Service: Kroger Wireless is brought to you by i-wireless, LLC. Kroger Wireless offers monthly service plans. Specific terms for Unlimited Plans, All-In Plans, and Pay-per-use are contained within, following the General Terms & Conditions of Service.
GENERAL TERMS & CONDITIONS
General Terms & Conditions of Service
In this document: (1) “we,” “us,” “our” and “Kroger Wireless” mean i-wireless, LLC; (2) “you,” “your,” “customer,” and “user” mean an account holder or user with us; (3) “Device” means any phone, airtime card, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; (4) “Service” means our offers, rate or service plans, options, wireless services, billing services, applications, programs, products or Devices on your account with us. “Service(s)” also includes any other product or service that we offer or provide to you that reference these General Terms & Conditions of Service (“T&C’s”).
The Service Agreement
These T&C’s are part of your service agreement with us (the “Agreement”) and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. In addition to these T&C’s, there are several parts of the Agreement, which includes but is not limited to the following: (i) the subscriber agreement or transaction materials that you sign or accept; (ii) the plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any in-store brochure or printed materials, the requirements and terms set forth in the current Agreement and transaction materials apply, excluding service plan features such as pricing or minute, message and data allocation); (iii) any confirmation materials that we may provide to you; and (iv) the terms set forth in the coverage map brochures. It is important that you carefully read all terms of the Agreement.
Additional terms will apply when you use certain applications, programs, devices, and service, and these terms may come from Kroger Wireless or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. Kroger Wireless is not responsible for these third-party items and associated terms.
Services are subject to our business policies, practices, and procedures (“Policies”). You agree to adhere to all our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.
When You Accept the Agreement
You must have the legal capacity to accept the Agreement. When you accept the Agreement, you promise that you are at least 18 years old and meet the eligibility standards. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) activate a Device; (c) attempt to or in any way use the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you do not want to accept the Agreement, do not do any of these things.
To activate the Service, you must activate your Kroger Wireless Device. To establish an account balance, pay subscription charges, or make any other appropriate payments, follow the instructions provided with the equipment; at www.krogerwireless.com; or through Kroger Wireless Customer Care.
Our Right to Change the Agreement and Your Related Rights
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes – and we may provide you notice of non-material changes – in a manner consistent with this Agreement (see “Providing Notice to Each Other Under the Agreement” section). If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of the change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.
Our Right to Suspend or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); or (h) if we believe the action protects our interests, any customer’s interest, or our networks.
Your Right to Change Services & When Changes are Effective
The account holder can typically change Services upon request. In some instances, changes may be conditioned on device type, coverage requirements or payment of certain charges. The effective date of any changes will depend on our Policies, the old Services, and the requested Services. We will not credit or refund any subscription or other charges resulting from a change in Services. We may, but are not obligated to provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by you, a person you authorize, or any person able to authenticate the account and those changes will be treated as modifications to this Agreement.
You are free to cancel Service at any time. After your first use, however, you will receive no refunds on any equipment, including Phones or any unused funds in your account. Monthly Service Fees are non-refundable. You may cancel your account or change your rate plan by visiting krogerwireless.com or by dialing 611 from your Phone. Your phone number will be reclaimed as soon as 90 days from the last date that funds were added to your account.
Restrictions on Using Services
You cannot use our Services: (a) in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property or Services; (b) in any way prohibited by the Terms of our Services, the Agreement, or our Policies. You cannot in any manner resell the Service to another party. For additional restriction on the use of our Services, see “Prohibited Network Use” and the detailed plan or other information on Services that we provide or refer you to during the application or sales process.
Your Device, Number & Email Address
We do not manufacture any Device we might sell to you or that is associated with our Services, and we are not responsible for any defects, acts or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications (for example, a device’s software, memory, and storage), and device performance may impact access to all our Services. This Device is sold exclusively for use with our Service and in other coverage areas that we may make available to you. Your Device is subject to our Device Unlocking Policy posted on our website; devices (even if unlocked) that work on Kroger Wireless’ network may not be compatible with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access. You have no—and cannot gain any (for example, through publication, use, etc.) proprietary ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device or your account. We will notify you if we decide to change or reassign them.
Porting/Transferring a Phone Number
We do not guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all the Services associated with that number.
Coverage; Where Your Device Will Work; Service Speeds
Our coverage maps are available on our website at krogerwireless.com. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services that you’ve chosen. Our coverage maps provide high-level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage is not available everywhere. Coverage and Service speeds may depend on the Service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength, and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that–along with other factors both within and beyond our control (for example, network problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.) may result in dropped or blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information such as E911 and GPS Navigation, depend on your Device’s ability to acquire satellite (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.
About Data Services & Content
Our data services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from our vendors, or us while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor your data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request our representatives to access or load on your Device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by Kroger Wireless may be deleted modified, or damaged. You may not be able to make or receive voice calls while using data services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.
If Kroger Wireless provides you software as part of the Service and there are not software license terms provided with the software (by Kroger Wireless or by a third party), then Kroger Wireless grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You may not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Kroger Wireless may revoke this license at any time.
Types of Charges
We typically assess the following types of charges: (1) “pay-per-use charges,” which are charges assessed each time a Service is used; (2) “subscription charges,” which are charges that allow you access to a Service or provide you a certain amount of use of a Service for a defined period. Subscription charges for services end at 12:01 am system time, on the last day of your subscription period. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods; and (3) “download charges,” which are charges assessed when you download or access content, which we collect on behalf of ourselves or third-party content providers.
The types of charges that you incur will vary depending on the Service used and your service plan. You are responsible for the Services on your account and associated charges, including charges made by a person you permit to have direct or indirect access to your device even if you did not authorize its use. Charges may include, but are not limited to, prepayment for service charges; charges for additional services; and taxes, surcharges, and fees associated with your Services. For the actual usage charges applicable to your Service, see the detailed plan or other information we provide or refer you to during the application or sales process or on our website. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and Web access. If you (the account holder) allow end users to access or use your Device, you authorize end users to access, download, and use Services. You will generally be charged for use of Services before or at the time of use in accordance with your service plan. In certain instances, we may charge at some point after you use the Service. Rates that vary based on the time of access will be determined based on the location of the network equipment providing service and not the location of your device or your device’s area code (if applicable). Charges are generally deducted from your account balance (for example, pay-per-use charges, subscription charges, etc.), though in some instances you may be able to pay for certain Services through a credit card, debit card, or other payment method. If you have incurred charges or fees that were not charged prior to your account balance reaching a zero balance, we may deduct these outstanding, unpaid charges and fees from any subsequent amounts you add to your account balance. You may not attempt to add money to your account using a debit or credit card more than one time within a 30-minute period.
How We Calculate Your Charges
Regular Voice Calls: We round up partial minutes of use to the next full minute. Time starts when you press “Talk,” or your Device connects to the network, and stops when you press “End,” or the network connection otherwise breaks. You are charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You will not be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you’re charged from the time shortly before the Device starts ringing until you press “End,” or the network connection otherwise breaks. You are charged for the entire call based on the rate that applies to the time period in which the call starts. However, the types of charges actually deducted from your account balance will vary depending on your Service. Call time data displayed on your device may be inaccurate and may not be relied upon for determining charges to your account. Calls are limited to two hours. The call will automatically terminate after two hours.
Messaging (text, picture, video, email and IM): Domestic and international rates are subject to change. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. International: International calls are charged at the per-minute rate for the country being called plus your standard airtime rate. International long-distance rates vary & are subject to change without notice (visit krogerwireless.com for current rate information).
Preventing Unwanted Text Messages: If you are receiving unwanted text messages, contact the source and unsubscribe or remove your phone number from the texting service. Even if you elect not to receive text messages, you may still receive service and other alerts from Kroger Wireless or its authorized agents. You hereby consent to receiving advertising, other service alerts or other broadcast messages from Kroger Wireless or its authorized agents. You will not be charged for alerts. If you elect to prevent the receipt of text messages, and you subsequently sign up for an alert from any other source, you must first change your text messaging settings to permit the receipt of alerts and all text messages.
Data Usage: Depending on your Service, you may be charged for data usage. Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equal 1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to KB, so you will be charged at least 1 KB for each data usage session (“data session”). Rounding occurs at the end of each data session and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your Device’s Internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to our data networks, you may incur data charges. Examples of data for which you will be charged includes the size of a requested file or Data Content (game, ringer, etc.); Web page graphics (logos, pictures, banners, advertisement, etc.); additional data used in accessing, transporting, and routing the file on our network; data from partial or interrupted downloads; re-sent data; and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage—for example, the size of downloadable files—are not reliable predictors of actual usage.
Fees, Activation, & Miscellaneous Charges
Based on our Policies, we may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction
Taxes & Government Fees
You agree to pay all applicable federal, state, and local taxes, fees, surcharges and other assessments that we are required by law to charge, collect and remit to governmental agencies on the Services we provide to you. These charges may change from time to time without notice. Kroger Wireless charges and collects sales tax on all direct Top-Up transactions and, in certain jurisdictions, surcharges or regulatory fees, if applicable. Third party retailers are responsible for charging and collecting sales taxes, surcharges and regulatory fees, if applicable, for Top-Up transactions that occur through such third-party retailers. Taxes, fees and surcharges are subject to change without notice.
When imposed, unless prohibited by applicable law or agreement, you agree to pay all surcharges (“Surcharges”), which may include, but are not limited to: Federal Universal Service; various regulatory charges; Kroger Wireless administrative charges; gross receipts charges and certain other taxes imposed upon Kroger Wireless; or charges for the costs that we incur and pass along to you. Surcharges are not taxes, and we are not required to assess them by law. They are charges we choose to collect from you, are part of our rates, and are kept by us in whole or in part. The number and type of Surcharges will be provided and may vary depending upon the location of the transaction or the primary account address of the payment method or Device and can change over time. We determine the rate for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice To Each Other Under the Agreement” section).
However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.
Customers must have a balance in order to use the following services:
Domestic and International Long Distance allow you to call anywhere in the U.S. and anywhere in the world. In the event you place an International Long-Distance call from your Phone, your account will be debited an amount equal to the cost of such call, and the cost shall be calculated based upon the International Long Distance rates currently in effect multiplied by the number of minutes used. International Long Distance are additional charges− as such, the airtime minutes used are included and the minutes used will not be debited against your minute balance. Rates and country codes are available at krogerwireless.com.
Calls to Directory Assistance (411) are one dollar fifty cents ($1.50) each call.
Standard airtime charges apply to 800, 866, 877 and other toll-free calls, whether or not they are made during peak or non-peak hours.
Incoming advertising alerts or other broadcast messages from Kroger Wireless or its authorized agents, such incoming calls and messages are not charged against your account balance.
Rates are subject to change.
Any dispute to a charge that we assess you must be made in writing within 60 days of the date we deduct the charge from your account balance. You accept all charges not properly disputed within the above time period.
Adding Funds to Your Account
About Account Balances
To keep your account active and avoid service interruption, you must always either maintain a positive account balance or pay any applicable subscription charges (depending on your service plan). Account balances are not transferable, redeemable for cash, or refundable. Charges are deducted from either your account balance or you may be able to pay for certain services with a credit card or debit card. There may be limits on your account administration−for example account balance, number change, and device changes.
You must add money to create a cash balance in your Kroger Wireless account to pay for monthly plan options. Funds can be added using one of Kroger Wireless’ payment methods (credit, debit, PIN or Airtime/Top-Up card). A minimum of $10/transaction is required when using a credit or debit card. Customers must Top-Up by the expiration date based off the last Top-Up amount to avoid account deactivation. Funds cannot be used for any other wireless service. Adding funds through Kroger Wireless customer service may result in processing fees. State and local sales taxes and fees may apply when adding funds to your account.
Payments & Chargebacks: Your payment date (when applicable) is the date you subscribe to one of our paid-for plans. We will first attempt to deduct payment for monthly services from your account balance and then will apply the charge to any registered payment method on file with Kroger Wireless. We reserve the right to suspend service for up to 30 days if a credit card or debit card charge we deem authorized for your account is disputed. If a chargeback is not resolved/reversed at the end of the 30-day period, the account will be deactivated and remaining funds in the account will be lost. We may terminate service for multiple chargebacks or require that funds be added solely by airtime card.
No Refunds of Airtime Cards, Top-Ups or Monthly Charges: We are not responsible for, nor do we refund, lost, stolen, misused, or damaged airtime cards. We do not accept returns of or provide refunds for Airtime cards. Airtime cards must be applied to your account within the time specified on the card. All airtime purchases sales are final and non-refundable regardless of who uses or possesses your mobile phone or device after you purchase services, and regardless of whether the mobile phone or device is used with your consent or knowledge.
Carry Forward: Subscribers are not eligible to carry forward minutes, texts or data. Once a new talk, text and data allotment is added, any remaining unused voice minutes, text messages or data allowance from the prior plan purchased will automatically be removed from the account prior to the new allotment being applied and made available for use.
Switching Among Plans: Kroger Wireless subscribers may switch between any available rate plan at any time. When switching between rate plans you will not receive a refund of any portion of any previously paid charges. For that reason, we recommend that you switch at the end of your 30-day billing cycle if you are on a Monthly Service Plan or after you have used your talk, text or data allotment. When switching between different Monthly Service Plans, subscribers will not be permitted to transfer unused balances into or out of the plans. Excessive switching is not permitted and may result in termination of Service.
Establishing or Replenishing Account Balances: Information on how you can establish and maintain an account balance will be provided at activation and is also available at krogerwireless.com or through Kroger Wireless Customer Care. The replenishment methods available to you will depend on the terms of your Services. A fee may apply to certain replenishment methods. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period; the amount that may be debited or charged from an account; or other limitations imposed by us or the financial institution that holds the account.
You can replenish (i.e. add funds to) your account several ways:
Buy a Kroger Wireless or i-wireless airtime card at an authorized distributor, including the Kroger Family of Companies stores such as Kroger, Ralphs, Dillions, Fred Meyer, Smith's, King Soopers, City Market, Fry's, Baker's, Owen's, JayC, Hilander, Gerbes, Scott's & Pay Less. Please visit www.krogerwireless.com for a complete list of stores.
To activate the airtime card, simply dial the number indicated on the card or sales receipt (if applicable) and follow the prompts as directed. Each airtime card denomination is valid for a specific number of days, which is published on the back of the card, once the card has been applied to the account. The number of days an airtime card is valid is as follows:
• $10-$19 refills are valid for 30 calendar days from the date of activation.
• $20-$34 refills are valid for 60 calendar days from the date of activation.
• $35-$100 refills are valid for 90 calendar days from the date of activation.
Upon the expiration of such period (i.e. 30/60/90 days), any remaining value will expire, except if additional funds are added via airtime card or credit/debit charge before expiration of the period, the existing balance will automatically be carried over to your account's new Balance Expiration Date, subject to the carry-forward maximums set forth in the section "Switching Among Plans."
Kroger Wireless is not responsible for lost or stolen cards. Kroger Wireless and i-wireless cards/PINs are for Kroger Wireless prepaid minutes or Units only and have no cash redemption value. Kroger Wireless and i-wireless cards/PINs are non-refundable and non-transferable.
Credit Card Funding
You can use a credit card to add funds by dialing 611 from your wireless phone, by visiting krogerwireless.com, or by calling 1-866-434-7796. The funds applied to your account are valid for Kroger Wireless Services only and may not be redeemed for cash. All such funds are non-refundable.
You may use a credit card to apply a minimum of $10 to your account at one time. Money applied to your account via a credit card is valid for 90 calendar days from the date of purchase. There is a limit of three credit card transactions per phone within a 30-day period.
If we discover that a credit card has been fraudulently used to fund your account, we will credit the card back with any unused, fraudulently applied funds and may, at our discretion suspend your Service. In addition, we reserve the right to implement other procedures, as we deem appropriate, if we suspect fraudulent credit card use.
Auto-Pay: When you enroll in Auto-Pay, you, the Customer, authorize Kroger Wireless to automatically charge the debit or credit card you specified for payments due on the Kroger Wireless account number you specified at the time of Auto-Pay enrollment on a recurring basis. These recurring charges and all other charges to your account are non-refundable. You will be automatically charged for any monthly recurring charges, plus any applicable sales and local taxes (“Taxes & Government Fees;” “Surcharges”), every month on your payment due date. Charges may vary each month based on your service subscription selection. You may check your payment due date and modify or cancel your Auto-Pay preferences at any time by accessing your account via our website. There is a limit of three credit/debit card transactions per phone in a 30-day period. You can establish, modify, or cancel your AutoPay preferences at any time by logging into your account at krogerwireless.com or by calling Kroger Wireless at 1-866-434-7796. Please note that any airtime loaded between auto-pay dates will not negate or reset the auto refill timing.
Intelligent Debiting: If you have registered for Auto-pay and subscribe to a service plan with a monthly service fee, (with the exception of the $5.00 per month/$0.10 minute plan) you must comply with the intelligent debiting of your account. If your account balance is greater than the total amount of your full monthly service fee, plus applicable tax on your monthly renewal date, Kroger Wireless will automatically deduct the amount from your account, instead of charging the credit card on record. Successfully debiting the monthly service fee from your account will renew the expiration date by 90 days. If your account balance is less than the full monthly service fee amount plus applicable tax, Kroger Wireless will process the registered credit card on file for full payment of the monthly service fee, plus applicable tax.
Protecting Our Networks & Services
To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another Kroger Wireless customer's use of our service or disproportionally impacts Kroger Wireless network resources. Kroger Wireless reserves the right, without notice or limitation, to terminate individual calls, or after providing notice to you, offer you a different service plan with no unlimited usage components, limit data throughput speeds or quantities, or deny, terminate, end, modify, disconnect or suspend your service, or decline to renew your service, if you engage in any of the prohibited voice or data uses detailed below or if Kroger Wireless, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.
Specific Terms & Restrictions on Using Data Services
In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you may not use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks’ performance or hinders access to our networks. If your Services include Web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, broadband internet access service, mobile broadband card plans, wireless router plans, etc.).
Unauthorized Usage: Services are provided by Kroger Wireless using our network supplier's nationwide wireless network exclusively with Kroger Wireless Phones purchased from Kroger or eligible phones confirmed for use through our online Bring Your Own (BYO) tool. You cannot use our Service with any other phone or device or on any other network. Airtime may be used for domestic and international calling from the United States and for related services as contemplated by these Terms & Conditions. Kroger Wireless Phones and phone numbers may not be used for pager or voicemail-only service, and Kroger Wireless may terminate any account if usage is limited to pager service or voicemail retrieval service. To minimize unauthorized usage, Kroger Wireless reserves the right to automatically terminate all calls exceeding 120 minutes in length. You may reestablish the call at any time. You agree not to use the Phone or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others' property or interferes with, harms or disrupts our systems or other operators' systems. You may not alter any of the hardware or software on your Phone. The Service is for personal use and our Phones, Services and Products may not be purchased in bulk or sold to third parties. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Phone, user name or password is stolen, or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage
Examples of Prohibited Voice Uses: Kroger Wireless voice services are provided solely for live dialogue between, and initiated by, two individuals for personal use & as otherwise described in this policy. Kroger Wireless voice services may not be used for any other commercial purposes including, but not limited to− conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals.
Examples of Prohibited Data Uses: Kroger Wireless data services are provided solely for purposes of web browsing, messaging, and similar data activities. You may not use the data service: (1) with server devices or host computer applications or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable “bots” or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical web usage behaviors; (5) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties' Internet-based resources; and (6) for any other reason that, in our sole discretion, harms our network.
Sending Unsolicited Messages: If you intentionally send unsolicited messages from your Kroger Wireless Phone or if your Phone is being used as a conduit to send unsolicited messages, we may terminate your Service without further notice.
Unlimited Service: Unlimited does not mean unreasonable use. To ensure that all Kroger Wireless customers have access to reliable services provided at a reasonable cost, you may not use our Service in a manner that interferes with another Kroger Wireless customer's use of our Service or disproportionately impacts Kroger Wireless' network resources. Kroger Wireless service is intended for personal use only. We have determined that placing a high number of calls, sending or receiving unusually high numbers of messages or data usage or repeatedly placing calls of unusually long duration relative to typical usage by other customers on similar service plans suggests that a mobile phone or device is being used other than for personal use, and is in violation of these Terms & Conditions. If we determine at our sole discretion that you are using an unlimited or other service in violation of these Terms & Conditions or other Kroger Wireless rule or policy, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or terminate your Service, decline to renew your Service or offer you a different service plan with no unlimited usage component at any time. We will provide notice via text message that we intend to take any of the above actions.
Content Objectionable or Offensive to Third Parties: You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit ("Post") any content that is unlawful, in contravention of a court order, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others' rights, including privacy rights.
Unlawful Content: You may not Post any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any of these Terms & Conditions or other Kroger Wireless rule or policy.
Infringing Content: You may not Post any content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By Posting any content, you represent that you have legal rights to use, distribute, and publish such content.
Harmful Content: You agree not to post any content that contains viruses, worms, time bombs, or other similar programs that would interfere with or disrupt our provision of Services.
Removal of Objectionable Content: We reserve the right, in our sole discretion, to remove or delete any content that you post on our Service that violates these Terms & Conditions or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded to your personal vault or limit the amount of content that you may download during any given period.
Calls to Customer Care: Use of the Service includes a reasonable number of calls to our customer care department for inquiries concerning usage, billing, or technical problems. We reserve the right to determine that the number of calls or the requests made to our customer care department are excessive and a violation of these Terms & Conditions.
CA Disaster Relief Policy
i-wireless will implement ongoing and continuous customer outreach to ensure its customers are aware of applicable consumer protection measures adopted by D.19-08-025 prior to, during, and after a disaster situation. i-wireless will publish information on www.krogerwireless.com, send outbound e-mails, and direct mail to describe the applicable consumer protection measures. All outreach will be communicated in accessible formats for customers with disabilities impacting their ability to use standard forms of communication.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. KROGER WIRELESS PROVIDES ALL SOFTWARE AND APPLICATIONS ON AN “AS IS” BASIS WITH ALL FAULTS, ERRORS AND DEFECTS.
Both you and we intend that the limitations on liability, warranty and damage awards provided for in these Terms & Conditions will apply to the fullest extent allowed by law. Some jurisdictions do not allow the limitation or exclusion of certain warranties or the waiver, limitation or exclusion of certain damages, or for intentional or willful conduct in some circumstances. To the extent that applicable law does not permit any of these limitations, they will not apply to you. You may not have other rights, which vary from state to state.
New Device Warranty
Devices purchased directly from Kroger company stores can be returned within 14 days of purchase. Customer’s may return the complete undamaged device, in its original packaging and all its components with its original receipt. Device manufacturers may offer warranty on the device purchased. Customer’s must contact the device manufacturer to determine if the manufacturer has a warranty on the device. Kroger Wireless assumes no liability on any devices. NOTE: Manufacturing defects are malfunctions that occur to the device from no fault of the owner. Damage that is NOT considered defective includes but is not limited to: Cracks on or damage to the handset case indicating that the handset has been dropped; Damage indicating that the handset has been exposed to liquid; LCD damage such that the handset screen has cracks or blue spots; Handsets that have been modified or tampered with, aka “Jailbreaking.”
Devices purchased on https://shop.krogerwireless.com/phones are sold through a third party and are subject to the terms and conditions available at https://shop.krogerwireless.com/terms-and-cond.html
Lost or Stolen Device
Contact Kroger Wireless Customer Care immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. If you do not either activate a new device or notify us that you have found your device within 45 days of the suspension of your account, your account will be deactivated, we may assess a charge equal to the balance in your account (which is not refundable), and, if applicable, you will lose your phone number.
You agree to comply with all trade regulations and export control laws, both domestic and foreign. Kroger Wireless or Kroger Wireless Phones, equipment, software, and any underlying information accessed or transferred by you using Kroger Wireless Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. 2401, et seq.) and the Export Administration Regulations (50 C.F.R. 730-774), as well as the import regulations of other countries. You agree not to export or re-export any Kroger Wireless or Kroger Wireless phones, equipment, or software to any foreign country. Any information transferred by you using Kroger Wireless’ Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
Always use your Phone in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your Phone to send messages or browse the Internet. Always use your mobile phone and device in accordance with all applicable laws and regulations.
Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service or sales departments).
Account Information: Unless notified otherwise, we will assume the individual in possession of the Phone is the account holder. Any person able to provide the appropriate account password, together with the wireless number is authorized by you to receive information about and make changes to your account, including adding new Service. We collect information about the approximate location of your Phone and use that information, as well as other usage and performance information also obtained from our network and your Phone, to provide you with Service, and to maintain and improve our network and the quality of your service experience. We may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and marketing research and providing ancillary services. It is your responsibility to notify users on your account that we may collect and use location information from a Phone.
You consent to disclosure of any information about you to any person as permitted by law if the device programmed with your number calls an Emergency service number such as 911 or, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. This consent survives the termination of these Terms & Conditions and your use of the Service.
You have no ownership rights to your phone number or other identifier provisioned by Kroger Wireless, our agents or the manufacturer of the Phone and you agree that we reserve the right to change your phone number or other identifier at any time without prior notice to you.
Information on Devices: Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). Kroger Wireless is not responsible for any information on your Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, for example, when you relinquish, exchange, return, or recycle your Device. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase data on your Device, but you must remove all data from your Device before you provide it to us.
Location-Enabled Services: Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 911 services and optional location-enabled services provided by a third party or us. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-enabled services.
GPS Navigation: Environment may limit GPS location information.
911 or Other Emergency Calls: Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional wireline phones, depending on several factors (for example, whether your Device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location, or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service, (“E911”)—where enabled by local emergency authorities—uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911—you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.
Telecommunications Relay Services (TRS)
Telecommunications Relay Service (TRS) permits persons with a hearing or speech disability to use the telephone system via a text telephone (TTY) or another device. If you want to call someone using TRS, use your TTY or dial 711 on your mobile device and you will be automatically connected to a TRS operator. 711 is a toll-free, nationwide relay access number. You may dial 711 from anywhere in the United States and be connected to the relay service in the state you are calling from. Once connected to the relay service, tell the Communications Assistant the type of relay call you wish to make. (i.e. TTY, HCO, VCO, STS, Spanish, etc.). 711 dialing access does not work for Video Relay Service (VRS), Internet Protocol (IP) Relay, or Internet Protocol Captioned Telephone Service (IPCTS) relay calls because such calls are initiated through the Internet. For emergencies, you should dial 911. To learn more about 711, visit http://www.fcc.gov.guidelines/711-telecommunications-relay-service. To learn more about other types of TRS, visit http://www.fcc.gov.guides.telecommunications-relay-services.trs
Your account history for the previous 60 days will be available www.krogerwireless.com unless you switch service options, in which case your account history for your new service option will be available online for a period of up to 60 days following the date of your switch. You may request a pried statement detailing 60 days of account history by sending a written request to: Kroger Wireless, Attn: Account History, 1 Levee Way, Suite 3116, Newport, KY 41017.
You Agree That We Are Not Responsible for Certain Problems
You agree that neither we nor our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Kroger Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your Device, computer, or equipment and to back-up your information stored on each.
You Agree That Our Liability is Limited - No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and Kroger Wireless each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and Kroger Wireless agree that they dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action
Instead of suing in court, you and Kroger Wireless agree to arbitrate all Disputes (as defined below) on an individual, non-representative basis. You agree that, by entering into this Agreement, you and Kroger Wireless are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.
"Disputes" shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that Kroger Wireless brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Kroger Wireless, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with Kroger Wireless; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and Kroger Wireless each agree to first provide to the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Kroger Wireless should be sent to: Kroger Wireless, Attention: General Counsel, 1 Levee Way; Suite 3116, Newport, KY 41071. Kroger Wireless will provide a Notice of Dispute to you in accordance with the "Providing Notice To Each Other Under the Agreement" section of this Agreement. Kroger Wireless will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and Kroger Wireless agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Kroger Wireless may commence an arbitration proceeding or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Kroger Wireless agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act ("FAA") applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Kroger Wireless to arbitrate on a class-wide, representative or consolidated basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND KROGER WIRELESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kroger Wireless expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(4) We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. Kroger Wireless will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
(5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions, which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent billing address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Kroger Wireless on your behalf.
No Trial by Jury and No Class Actions
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
You agree to indemnify, defend, and hold Kroger Wireless and our subsidiaries, affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services (see "Location-Enabled Services" section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.
Providing Notice To Each Other Under the Agreement
Except as the Agreement specifically provides otherwise, you must deliver written notice to us by mail to Kroger Wireless, 1 Levee Way, Suite 3116, Newport, KY 41071. We will provide you notice by correspondence to your last known address in our records, to any fax number or email address you’ve provided us, by calling you on your Device or any other phone number you’ve provided us, by voice message on your Device or any other phone number you’ve provided us, or by text message on your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the area code assigned to your Device, without regard to the conflicts of law rules of that state. If either of us waives or does not enforce a requirement under this Agreement in an instance, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement is not for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You may not assign the Agreement or any of your rights or duties under it. We can assign the Agreement without notice. You may not in any manner resell Devices or Services to another party. You may not export any Device. The Agreement and the documents it incorporates make up the entire agreement between us and replace all prior written or spoken agreements—you cannot rely on any contradictory documents or statements by sales or service representatives. The rights, obligations, and commitments in the Agreement that—by their nature—would logically continue beyond the termination of Services (for example, those relating to billing, payment, 911, dispute resolution, no class action, no jury trial) survive termination of Services.
Disclosure of Content: To comply with appropriate legal process, Kroger Wireless may disclose to law enforcement authorities any information, including your name, account history, account information, or other transmission data requested by law enforcement. We also may disclose to third parties any content necessary to respond to claims that such content violates the rights of third parties or to protect the rights and property of Kroger Wireless.
Trademarks and Licenses
The Kroger Wireless brand and family of marks are registered trademarks used under license by i-wireless, LLC. You agree not to infringe, misappropriate or otherwise violate the intellectual property rights of Kroger Wireless or any other carrier. You agree that a violation of this paragraph causes harm that cannot be fully redressed by monetary damages, and that in the event of such violation or threatened violation, Kroger Wireless is entitled to immediate injunctive relief, without posting a bond or additional security, in addition to all other rights and remedies available.
Android, Google, the Google logo and Google Play are trademarks of Google Inc.
Use of Service/Device Number
Reproduction, transmission, dissemination or resale of Service is prohibited without prior written contractual arrangements with Kroger Wireless, together with any required regulatory approvals. Kroger Wireless has the right to interrupt or restrict Service to your number without prior notice if Kroger Wireless suspects fraudulent or abusive activity or in our efforts to combat fraudulent use. The Phone cannot be activated with any other wireless carrier. Your Phone may contain preinstalled software necessary to use our Service. By using our Service, you agree to abide by the terms and conditions of any applicable software license. You may not reprogram the Phone or program the number into any equipment other than the Phone or change the electronic serial number (ESN) or equipment identifier (EID) of the Phone. This paragraph survives the termination of these Terms & Conditions and your use of the Service.
We may assign all or part of these Terms & Conditions without such assignment being considered a change to the Terms & Conditions, and without your consent or notice to you. Upon such assignment, we are then released from all liability. You may not assign these Terms & Conditions without our prior written consent.
Written notices to you shall be effective 3 days following the date deposited in the U.S. Mail addressed to your address as kept in our records. You are responsible for notifying us of any changes in your address. Text messages sent by Kroger Wireless shall be in effect when the message is sent. Written notice to us shall be effective when directed to our Customer Care Department and received at our address at 1 Levee Way, Suite 3116, Newport, KY, 41071. Your notice must specify your account number and mobile phone number. Oral notices made by Kroger Wireless shall be deemed effective on the date reflected in our records. We will not give you notice of any subpoenas or court orders related to your account or use of Service unless required by law.
No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Any consent by either party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Kroger Wireless’ UNLIMITED PLANS TERMS & CONDITIONS
Kroger Wireless’ Unlimited Plans include unlimited talk and text and provide the user with a specified allotment of data for a flat fee (plus applicable sales tax) and are valid for use within a 30-day period. Each plan option is directly associated with a specific flat fee. Any unused data will expire after 30 days unless otherwise noted. Auto-pay is a requirement for online activation. With auto-pay, the card on file will be charged automatically on the monthly anniversary date. Customers who opt out of auto-pay must add funds via airtime, credit or debit card to continue service. International calling is not included as part of the monthly plan but may be purchased using funds available in the account balance or with an international calling card. International texting is free with all plans.
Talk, Text & Data Allotments
Each plan allotment is valid for a 30-day period, and includes the associated voice, text and data units detailed below. Each is also inclusive of related telecom taxes, fees and/or surcharges (“Taxes & Government Fees; Surcharges”). Sales tax and any federal, state or local charges assessed to telecom products at the point of sale are not included. Any unused data will expire after 30 days unless otherwise noted. Your monthly plan will automatically renew with Auto-Pay unless you opt-out by going to Manage your Account of by calling 611 from your Kroger Wireless phone.
Monthly Plan Options:
• $25.00 for Unlimited Talk Minutes and Unlimited Text Messaging and 6 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included.
• $35.00 for Unlimited Talk Minutes, Unlimited Text Messaging and 10 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included.
• $45.00 for Unlimited Talk Minutes, Unlimited Text Messaging and 25 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included. After 25 GB of data is used, data speeds are reduced to 64 kbps.
3-Month Plan Option:
• $45.00 covers 3 months of service with each month including Unlimited Talk Minutes and Unlimited Text Messaging and 3 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included.
Annual Plan Options:
• $180.00 covers 12 months of service with each month including Unlimited Talk Minutes and Unlimited Text Messaging and 3 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included.
• $300.00 covers 12 months of service with each month including Unlimited Talk Minutes and Unlimited Text Messaging and 6 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included.
• $420.00 covers 12 months of service with each month including Unlimited Talk Minutes and Unlimited Text Messaging and 10 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included.
• $540.00 covers 12 months of service with each month including Unlimited Talk Minutes and Unlimited Text Messaging and 25 GB Data, provided at speeds up to 5G LTE. Unlimited picture messages are also included. After 25 GB of data is used, data speeds are reduced to 64 kbps.
We reserve the right to change the fees and discounts set forth above or discontinue a rate plan at any time.
During times of congestion, your data, including mobile hotspot/tethering, may be temporarily slower than other traffic (or after 25 GB per month on $45 Unlimited Plan).
Renewing Your Plan
All plans automatically renew with auto-pay from date of activation to the credit card on file. You can manage your account settings or cancel auto-pay anytime by logging into My Account or dialing 611 from your Kroger Wireless phone. If you opt out of auto-pay, you can renew your plan by using one of the Top-up methods. You can Top-Up your account by (1) registering a valid credit or debit card to your account. The minimum Top-Up amount when using a credit card or debit card is $10; (2) purchasing Kroger Wireless airtime cards at participating retailers, including the Kroger Family of Companies stores. A list of retail locations can be found at www.krogerwireless.com.
Unlimited does not mean unreasonable use. If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to the “Prohibited Network Uses” section under General Terms & Conditions.
Monthly Plan Purchase:
In order to maintain active service, you must add funds of at least twenty-five dollars ($25) to your account within every 30 days. If funds are not available on the plan renewal date, service will be suspended. The plan will expire at 12:01 a.m. on the Plan Expiration Date. The Plan Expiration Date is based on the calendar month and calculated by i-wireless at the time you renew your service. Adding funds to your account before your plan expires or signing up for auto-pay will prevent service disruption. If your plan expires and you do not add funds within 30 days of the plan expiration date, your account will be deactivated and you will lose your phone number.
Multi-Month Plan Purchase:
3-month and Annual plan purchases will automatically renew each month on the plan renewal date for a 3-month or 12-month period based on the multi-month plan purchased. Once the plan period ends, you must purchase a plan within 30 days to maintain service. If your plan expires and you do not add funds within 30 days of the plan expiration date, your account will be deactivated and you will lose your phone number.
Fuel Points Program
Kroger Wireless customers that subscribe to any of the plans referenced above are eligible to receive 4X fuel points when a Kroger Family of Stores shopper card is successfully registered to your Kroger Wireless account and the plan purchase is paid for by credit card. Fuel points earned are calculated off of the pre-tax plan amount and are good for use with the Kroger Family of Stores fuel points program.