1. The Service – Acceptance by the Customer
1.1 Digicel Cayman Limited (“Digicel”) agrees to provide services under the Digicel Cuba Roaming Plan (the “Plan”) to the customer named on this Order Form who has purchased the Digicel Cuba Roaming SIM Card and or who have subscribed to the Digicel Cuba Roaming Plan (“you”, “your”, “yours”) subject to the conditions set out herein. You understand and expressly agree that the subscription to the Plan and the access to service under the Plan is governed by these Terms and Conditions.
1.2 You understand that the Plan provides fast 3G data connections for tourists roaming in Cuba on the local tourist-only 3G mobile network.
1.3 These Terms and Conditions apply only to customers roaming on the network operated by Digicel Cayman Limited and Digicel Panama.
2. Activation and Use of the Plan
2.1 The Plan may be activated only in Cuba [or in the Cayman Islands]. You shall not activate the Plan in the United States of America.
2.2 You shall not use or have the benefit of the Plan in any other country but Cuba.
2.3 To activate the Plan, you shall follow the instructions provided at the point of purchase or on the website at www.digicelcubaroaming.com/Frequenty-Asked-Questions
2.4 If activation of the Plan fails in Cuba, you must first dial *120# (numbers which start with 507) or *122# (numbers which start with 345), then you may contact customer service and support at 407-499-2822 or by completing the contact form found on the website at www.digicelcubaroaming.com/crm.asp?action=contactus
2.5 You shall ensure that the handset that will be used while roaming is unlocked, is capable of roaming and is compatible with the mobile networks in Cuba.
2.6 You can no longer activate new Digicel Cuba Roaming SIM Cards on the network in Cuba. The service is being withdrawn as of midnight 9th/ 10th April 2018. Any plans purchased between February 15th, 2018 and March 10th, 2018 will have a duration of 30 days and any plans purchased from March 11th, 2018 to April 9th, 2018 will expire at midnight EST April 9th/ 10th, 2018.
2.7 You understand and expressly agree that you shall not access the Plan and shall receive no connectivity upon the exhaustion of all Plans purchased or upon the expiration of the Digicel Cuba Roaming SIM Card.
2.8 Digicel reserves the right to terminate the Plan forthwith if in its sole opinion the Plan is being abused. Abuse shall generally be deemed as an attempt to undermine the integrity of Digicel’s network or services or to jeopardise any agreement between Digicel and its roaming partners and shall include but not be limited to, unreasonable levels of usage, reselling or attempts to resell data, whether on a commercial basis or otherwise.
2.9 Digicel reserves the right, at any time in its sole discretion, to modify or discontinue the Plan with or without notice or to vary or cancel the terms and conditions of the Plan. In the event of Digicel giving notice to you of any such changes to or cancellation of the Plan, it shall suffice for Digicel to give you notice via messages to your handset/device or to post such notification on Digicel’s website. Any such notification shall be effective immediately or as of the date referred to in such notifications.
3.1 You may purchase the Plan at the following rates: US $25 for 100 MB US $50 for 300 MB US $100 for 500 MB + 40 minutes
3.2 You may purchase more than one plan or may add another plan to an existing plan up to a maximum of 1.5GB of data and 120 minutes. Any attempt to activate additional plans above this threshold will not be successful.
3.3 Every additional plan purchased between February 15th, 2018 and March 10th, 2018 will have a duration of 30 days and any plans purchased from March 11th, 2018 to April 9th, 2018 will expire at midnight EST April 9th/ 10th, 2018.
3.4 You acknowledge and agree that any service accessed using the Digicel Cuba Roaming SIM Card while in the Cayman Islands shall be charged at the rates and otherwise on the terms and conditions set by Digicel Cayman Islands, which may be viewed at https://www.digicelgroup.com/ky/en/mobile.html
4.1 You may use Visa and MasterCard branded credit / debit cards to purchase a Digicel Cuba Roaming SIM Card and or reload the Plan on www.digicelcubaroaming.com or at one of our authorized re-sellers.
4.2 Your payments shall be processed by Digicel Cayman Ltd., located at Cayman Technology Center, 115 Printer Way, George Town, Grand Cayman, Cayman Islands, KY1-1001.
5. Coverage Area
5.1 The tourist-only 3G network in Cuba should provide coverage in the main tourist areas and in the following provinces; Artemisa, Cienfuegos, Holguín, Matanzas, Sancti Spíritus, Camagüey, Granma, La Habana, Mayabeque, Santiago de Cuba, Ciego de Ávila, Guantánamo, Las Tunas, Pinar del Río and Villa Clara.
5.2 You acknowledge and agree that Digicel has no control over the coverage provided by the local 3G tourist-only network in Cuba and does not make any guarantee as to coverage in these areas.
6. Customer Service and Support
6.1 You may file a complaint or ask any questions in relation to the Plan by placing a call to the Digicel team at 407-499-2822 or by completing the contact form found on the website at www.digicelcubaroaming.com/crm.asp?action=contactus.
6.2 Customer service and support may be accessed toll-free at the above telephone number for the first 5 minutes of the call. If you add an additional plan, you will receive an additional 5 minutes of toll-free customer service and support up to a maximum of 10 minutes at any one point in time.
7. Return and Refund Policy
7.1 You agree that all sales shall be final. There shall be no refunds for the purchase of any Digicel Cuba Roaming SIM Card or any Plan.
7.2 Unused Digicel Cuba Roaming SIM Cards shall be returned unused to the sender’s address noted on the shipment or at the point of sale. Any and all Digicel Cuba Roaming SIM Cards purchased on Amazon shall be returned directly to Amazon
8. Customer Obligations
Upon purchase of the Plan or the Digicel Cuba Roaming SIM Card, you have consented to provide such valid proof of your identity that we deem acceptable and any other information that we may require to identify you, to inform us in writing if any of this information has subsequently changed and to comply with these Terms and Conditions of Use.
9.3 Digicel reserves the right to refuse any request for any customer’s information where we are unable to verify that the requester is the purchaser of the Digicel Cuba Roaming SIM Card, the purchaser of any Plan. Digicel may, however, disclose any information about you or the purchase if in Digicel’s sole discretion Digicel deems such disclosure to be necessary, pursuant to legal process or upon request by duly authorised law enforcement authorities or if such disclosure is necessary to protect Digicel’s interest. By subscribing to the Plan you consent to and authorize any such disclosure. Digicel shall not become liable by reason of the disclosure of such information or if the information is inaccurate or incomplete.
10. Suspension and Termination
10.1 Digicel may suspend or terminate the Plan and or deactivate the Digicel Cuba Roaming SIM Card without prior notification:
i. if you breach any statutory restrictions, regulations or procedures governing Digicel’s network or the local 3G tourist-only mobile network and or these Terms and Conditions;
ii. if any information supplied by you is found to be false or misleading;
iii. if any technical modifications and or maintenance is being conducted on Digicel’s network or the local 3G tourist-only mobile network;
iv. if we have reason to believe that the service is being used fraudulently or for fraudulent purposes or that otherwise improper use of the Digicel Cuba Roaming SIM Card is taking place to the detriment of Digicel or any other person;
v. if you have reported your handset or device as being lost or stolen;
vi. if the services rendered to you, in the sole opinion of Digicel, may cause the operation of Digicel’s network or the local network to be jeopardized or impaired;
vii. if we are unable to provide the service to you;
viii. if you do anything which is intended, or results in or likely to result in bypass to the local network or to Digicel’s network.
10.2 Should your access be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide service to you.
11. Exclusion of Liability
11.1 Digicel shall not be held liable for any direct, indirect, or consequential loss suffered by you (or anyone claiming through you) due to any of the following:
i. suspension or non-availability of service.
ii. any interruption of or failure in connectivity.
iii. any interception of or other unauthorized access to your messages by any third party.
iv. any data/information transferred using the service being altered or lost
11.2 Digicel shall have no liability to you for any claims whatsoever resulting from your loss of or inability to obtain connectivity due to factors beyond Digicel’s control, including, but not limited to, acts of God, weather events, civil disturbances, industrial action, war, governmental action, force majeure, the act or omission of any other telecommunications carrier, default or failure of a third party.
11.3 Digicel, its associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns shall not be liable for or in respect of any effects, claims, actions, proceedings, suits and cause of action (whether at law or in equity and including emotional distress) liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise) judgements, liabilities, costs and expenses of every nature or kind whatsoever, whether known or unknown, suspected or unsuspected (altogether “claims whatsoever”) arising out of or in respect of to your subscription to the Plan