The "Hy-Vee" name is a registered trademark of Hy-Vee, Inc. Fusion Mobile name and logo, Hy-Vee Mobile powered by Fusion Mobile, and Hy-Vee Mobile are registered trademarks of Fusion Mobile, Inc.
These Terms and Conditions apply to the services we offer to our customers. Anyone who buys our service and anyone using our service, with or without the buyer’s consent, is considered a customer. By signing up for, paying for, or using our wireless service, you agree to these Terms and Conditions. If you don’t agree to these terms, please contact Hy-Vee Mobile immediately at 1-866-470-0341.Our service is provided at our discretion.We can modify, cancel it or take corrective action at any time without prior notice and for any reason, including, but not limited to, your violation of any of these Terms and Conditions.We might change our Terms and Conditions, including pricing, from time to time, so check the Hy-Vee Mobile web site at www.hy-veemobile.com to stay up-to-date.You agree not to use Hy-Vee Mobile service in any way that is illegal, fraudulent or abusive as determined by Hy-Vee Mobile or Fusion Mobile.You may not alter any of the hardware or software on your Hy-Vee Mobile phone.
Services are provided by Hy-Vee Mobile phones purchased from a Hy-Vee Store or at www.hy-veemobile.com.You cannot use our service with any other phone, device or on any other network. Airtime is intended for domestic and international calling from the United States. Hy-Vee Mobile phones and phone numbers are not intended for use as a pager or voicemail-only service, and Hy-Vee Mobile and Fusion Mobile may terminate any account if usage is limited to voicemail retrieval. Service is only available in geographic areas covered by the digital service network footprint of our service partners and their affiliates. Local phone numbers may not be available in certain affiliate markets.Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions.We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service can be provided without interruption.We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify Hy-Vee Mobile at 1-866-470-0341 within 7 days of the interruption.
Airtime minutes will be deducted for all time during which your Hy-Vee Mobile phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send,” “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, 611, Hy-Vee Mobile Customer Service, and to access your voicemail. Airtime minutes are not deducted for calls to 911. For outbound calls, you may be charged airtime for incomplete and/or busy-no answer calls. Airtime minutes are deducted in full-minute increments; all partial minutes are rounded up to the next minute. No credit is given for dropped calls. Text Messages and data usage occurs each time the feature is used. Text Messages are billed for each message sent and received at the per message rate of 10¢. Data usage is billed for usage depending on the data amount purchased. See www.hy-veemobile.com for data rates.
NOTE: Using a landline to call Hy-Vee Mobile Customer Service or voicemail will not deduct from your airtime minutes.
Service options are simple. The rate varies depending on the quantity of minutes you purchase. If you need additional minutes or run out of access days, simply purchase another Plan Card by visiting a Hy-Vee Store thats sells Plan Cards for Hy-Vee Mobile, over the web at www.hy-veemobile.com, or by calling 1-866-470-0341.
You must have a positive minute balance in your account in order to make a call. You must also have a positive minute balance in your account to use your Free Unlimited Nights and Weekend minutes. Your billing cycle lasts 15 or 30 days. You must reload a Plan Card once every billing cycle in order to stay active on the Hy-Vee Mobile network. If you run out of minutes before the end of your billing cycle, you should purchase a new Plan Card so you can continue talking.
From the day you activate a Hy-Vee Mobile Prepaid Plan and for up to 15 or 30 days thereafter your service is active.You can make and receive calls and do all things mobile with your phone so long as you have a positive minute balance in your account. If you run out of minutes before the end of your billing cycle, you will need to follow the instructions in the Plan Rules section above.
If you don’t buy a new Plan Card by the first day of your new billing cycle, your account will go into Grace Period Suspend for 7 days and you will not be able to use your service until you load a Plan Card and reactivate service. If you haven’t loaded another Plan by the 7th day of Grace Period Suspend, your account will be deactivated and you will lose your phone number and any unused minutes and cash value. If you want to use your Hy-Vee Mobile service after being deactivated you will have to reactivate your phone and service by calling Customer Service at 1-866-470-0341, you do not need to purchase a new phone.
By registering for AutoPay you agree to have the amount you have selected deducted from your credit or debit card and added to your Hy-Vee Mobile account once every 15 or 30 days or when you run out of minutes. You can set up, modify, or cancel your AutoPay preferences at www.hy-veemobile.com or by calling Hy-Vee Mobile at 1-866-470-0341.
If you think there has been an error in any charge posted to your account, you have to notify Hy-Vee Mobile within 15 days after the charge is posted to your account balance to request an adjustment. Call Hy-Vee Mobile at 1-866-470-0341 and one of our Customer Service Representatives will help you investigate your claim.
Charges for monthly Plan Cards are non-refundable. Hy-Vee Mobile and Fusion Mobile are not responsible for, nor do we refund lost, stolen,misused cards or minutes of use. All Plan Card sales are final and non-refundable, regardless of who actually uses or possesses your phone after you buy airtime, and regardless of whether the phone usage is made with your consent or knowledge.
Returning Your Hy-Vee Mobile PhonePhones carry a minimum manufacturer warranty of 30 days from date of purchase and some select phone models carry up to 120 days or more from date of manufacture. Call Hy-Vee Mobile Customer Service at 1-866-470-0341 for details. Phones purchased directly from a Hy-Vee Store may be returned for a full refund or exchange within 30 days of purchase if there is a manufacturer defect. You must have the original receipt, packaging materials, and all components. To make a manufacturer warranty claim after the first 30 days from purchase, please call Hy-Vee Mobile Customer Service at 1-866-470-0341 for assistance in determining whether you qualify.
Phones purchased at retail stores may be returned to that store in accordance with the store’s return policy. Please repack the phone with all components and bring it to the store where you purchased it.
Phones purchased online may be returned as long as it’s within 14 days of receipt of the phone and less than 10 minutes of airtime has been used. All activation fees, Plan Card balances, optional features, and shipping charges are non-refundable. Refunds will be issued for the cost of the phone minus a $15 per phone restocking fee. You must contact Hy-Vee Mobile Customer Service at 1-866-470-0341 to receive a Return Merchandise Authorization (RMA) number before returning your phone. Returns without an RMA number will not be accepted.
You must have a positive minute balance to send and receive Text Messages of up to 160 characters on your Hy-Vee Mobile phone.
If you are receiving unwanted text messages (“spam”), go to the source and unsubscribe or remove your phone number from the service.
If you intentionally send unsolicited messages (spam) from your Hy-Vee Mobile phone we will terminate your service without further notice.
Hy-Vee Mobile sells both new and remanufactured phones. Please call Hy-Vee Mobile Customer Service at 1-866-470-0341 if you have a question about whether your phone is new or remanufactured.
If your phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone by calling Hy-Vee Mobile at 1-866-470-0341. Hy-Vee Mobile will then suspend your account. If you don’t buy a new phone or call to reactivate your existing phone and your Grace Period has lapsed; you’ll lose your Hy-Vee Mobile phone number and any unused account balance.
The phone number we give you is and will remain the property of Fusion Mobile. We may give the phone number to another customer without telling you if you cancel at any time to use another mobile service (unless you transfer the phone number to another telecommunications provider in accordance with applicable regulations), or if your account becomes inactive. We may also change your number at any time, but we’ll tell you before we do that.
You can switch an existing wireless phone number to be your Hy-Vee Mobile number depending on where you live. To switch an existing phone number to Hy-Vee Mobile, contact Hy-Vee Mobile Customer Service at 1-866-470-0341. We’ll walk you through the process. Before you call, please have a bill from your old wireless or landline carrier.When you switch from your old wireless carrier, you may have to pay a termination penalty fee if you terminate your contract early. Neither Hy-Vee Mobile nor Fusion Mobile will reimburse you for any termination fees imposed by other carriers. You will not be able to switch your area code without receiving a new local number from Hy-Vee Mobile as well. For example, say you’ve just moved from Dallas to NewYork City, and your Dallas number was 214-123-4567. In that case, if you are switching to Hy-Vee Mobile from a wireless carrier, you could keep 214-123-4567, but you can’t switch to 212-123-4567. It’s the same if you are switching your land line (your home phone) to Hy-Vee Mobile you will have to keep your old area code. Be careful though, your NewYork friends might end up paying long distance charges when they call your Dallas number in NewYork.
You understand and agree that the Hy-Vee Mobile Prepaid Wireless Product is provided by Fusion Mobile.
You may not use Hy-Vee Mobile’s service for any illegal purpose, including to harass, threaten, abuse, defame, or slander any individual. You may not use our service in a manner that interferes with another Hy-Vee Mobile customer’s use of our service.
Fusion Mobile and its business partners provide messages, data, information,music, games, images, text, or other material for your private use only.You may not upload and transmit or broadcast this content in public places. This use is expressly prohibited by Fusion Mobile.You will be solely responsible if you engage in any unauthorized use of this content.
You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful, or that infringes upon others’ privacy rights.
You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.
You may not upload, download, post, distribute, edit,modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual 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.
You agree not to upload, download, post, distribute, or otherwise transmit any content that contains viruses, worms, time bombs, or any other similar programs that would interfere or disrupt our provision of the service.
While we do not monitor your use of our service, we reserve the right to suspend or terminate service and access to the www.hy-veemobile.com site at any time should we determine in our sole discretion that you have violated these Terms and Conditions of Service.
To comply with appropriate legal process, Fusion Mobile may disclose any content to law enforcement authorities, as well as other relevant information, including your name, account history, account information, or other transmission data requested by law enforcement.We also may disclose any content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of Hy-Vee Mobile or Fusion Mobile.
Neither Hy-Vee Mobile nor Fusion Mobile nor their business partners will be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services.We won’t be liable for any act or omission of any other company furnishing a part of our service or any equipment provided for such service—including for errors or omissions of any vendors participating in offers made through us—or for any damages that result from any product or service provided by or manufactured by third parties.
You agree to indemnify and hold harmless Hy-Vee Mobile and Fusion Mobile and their business partners from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorney’s fees on account thereof) resulting from your use of Hy-Vee Mobile or Fusion Mobile products and services whether based in contract or tort (including strict liability) and regardless of the form of action.
Neither Hy-Vee Mobile nor Fusion Mobile make the cell phones or other equipment provided with the service. The only warranties are those extended by themanufacturers.We have no liability, therefore, in connection with themobile phones and other equipment or for the manufacturers’ acts or omissions.We make no warranties or representations, express or implied, regarding the products and services provided hereunder, including, but not limited to, warranty of title, warranty that the product or service is fit for particular use, or warranty of merchantability.We expressly disclaim any and all implied warranties.
Neither Hy-Vee Mobile nor Fusion Mobile is responsible for the content or security of voicemail or contact lists you create.We urge you to create a password for access to your voicemail.
You may notify us bymail:Hy-Vee Mobile, c/o Fusion Mobile, 7500 Rialto Blvd.Suite 150,Austin,TX 78735, phone: 1-866-470-0341, or electronic means via our website at www.hy-veemobile.com. Such notices will be considered effective after we receive them. If you are unable to resolve your concerns with Hy-Vee Mobile, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your Hy-Vee Mobile phone.
We will always handle your information in a manner consistent with federal customer privacy laws and the Hy-Vee Mobile and Fusion Mobile Privacy Policy which are available, respectively, at www.hy-veemobile.com and www.fusionmobile.com. We take all reasonable steps to protect your personal information from unauthorized use or disclosure. Except as contemplated by the Privacy Policy, we will not intentionally share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings.
You agree to comply with all trade regulations and export control laws both domestic and foreign. Hy-Vee Mobile phones, equipment, software, and any underlying information accessed or transferred by you using Hy-Vee Mobile’s 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. Except as authorized by Hy-Vee Mobile and Fusion Mobile and the U.S. export control laws, you agree not to export or re-export any Hy-Vee Mobile phones, equipment, or software to any foreign country. Any information transferred by you using Hy-Vee Mobile’s services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
The "Hy-Vee" name is a registered trademark of Hy-Vee, Inc. Fusion Mobile name and logo, Hy-Vee Mobile powered by Fusion Mobile, and Hy-Vee Mobile are registered trademarks of Fusion Mobile, Inc.
These terms supersede all oral or written communications and understandings between you and Hy-Vee Mobile and Fusion Mobile with respect to our products and services to you and the terms under which they are offered and provided to you. If any part of these terms is declared invalid or unenforceable, all other parts of these terms are still valid and enforceable. Such invalidity or nonenforceability will not invalidate or render unenforceable any other portion of these terms. No provision of these terms provides any person or entity not a party to these terms with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights. Any complaint, arbitration or other legal action concerning these terms shall be interpreted under the laws of the State of Iowa, excluding the choice of law rules, and shall be subject to the jurisdiction of the courts of the State of Iowa
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY AVERY LIMITED REVIEWBY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF HY-VEE MOBILE OR FUSION MOBILE’S AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with Hy-Vee Mobile and Fusion Mobile, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). All claims will be resolved by binding arbitration where permitted by law.You must first present any claim or dispute to Hy-Vee Mobile and Fusion Mobile by contacting Customer Service to allow an opportunity to resolve the dispute prior to initiating an arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under theWireless Industry Arbitration Rules (“WIA Rules”), as modified by this agreement.You and Hy-Vee Mobile and Fusion Mobile agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.You further agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive, to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis or in a representative capacity, (ii) the right to a trial by jury and (iii) any claims for punitive or exemplary damages. Unless Hy-Vee Mobile and Fusion Mobile and you agree otherwise, the location of any arbitration shall beWest Des Moines, Iowa. Except where prohibited by law, Hy-Vee Mobile and Fusion Mobile and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages.You shall not disclose the existence, contents, or results of any arbitration. Judgment on the award rendered may be entered into any court having jurisdiction thereof.