Terms & Conditions
1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING
THIS SITE. If you use the Nobel, Inc. web site, www.nobeltalk.com, (the
"Site"), you are agreeing to abide by all of the provisions set forth
in this Agreement between you and Nobel, Inc.
1.2 Nobel, Inc. (Nobel) is based in Carlsbad, California, in the United
States of America. Nobel makes no claims that the Content (see Section
2.1) is appropriate or that it may be downloaded or used outside of the
United States. Access to the Content or Product (see Section 2.3) may
not be legal by certain persons or in certain countries. If you access
the site from outside the United States, you do so at your own risk and
are responsible for compliance with the laws of your jurisdiction.
1.3 Nobel may change, add or remove portions of this Agreement at any
time, but if it does so, it will post such changes on the site.
1.4 Nobel may discontinue, change, or suspend any aspect of the site at
any time. Nobel may change, discontinue, or suspend the availability of
any database, Content, feature, or Product of the Site. Nobel may impose
limits on features, including services, use, or restrict your access to
parts or all of the Site without notice or liability.
2. NOBEL CONTENT & PRODUCT
2.1 The Content and Product contained in the Site are intended for your
informational, demonstration, and shopping purposes only. All materials
on the Site (including, but not limited to articles, photographs,
images, illustrations, audio clips, video clips, graphics, sound, music,
text, demonstration programs, downloadable items, software and
underlying code, also known as the "Content") are protected by
copyright, and owned or controlled by Nobel or the party credited as the
provider of the Content. You must abide by all additional trademark,
service mark, patent, copyright notices, information, or restrictions
contained in any Content accessed through the site.
2.2 Nobel does not warrant that Content contained in this Site will
satisfy your requirements or that they are error or defect-free. Before
using you should consult an Information Technology Professional to
determine what your needs are. You assume responsibility for any and all
uses of Content.
2.3 The site and its Content are protected by copyright pursuant to U.S.
and international copyright laws, and title to the Content shall not
pass to you or any other user. You may not modify, reverse-engineer,
disassemble, decompile, transcribe, store in a retrieval system,
translate into any language or computer language, re-transmit in
electronic, mechanical, photo reproduction, recordation or otherwise in
any form or by any means, publish, transmit, participate in the transfer
or sale of, reproduce (except as provided in Section 2.5 of this
Agreement), create new works from, including derivative works, perform,
display, distribute, or in any way exploit or alter, any of the Content
or Product (Product includes, but id not limited to, calling cards) or
the site in whole or in part. Use of the Content or Product in a
networked environment is prohibited. None of the Content or Product may
be resold or redistributed without the prior written consent of Nobel,
except that you may reproduce as provided herein.
2.4 Content or Product is subject to change without notice at the sole
discretion of Nobel. If you violate any of the provisions contained in
this User Agreement, your permission to use the Content or Product
automatically terminates and you must immediately destroy any copies you
have made of any portion of the Content or Product.
2.5 You may download or copy the Content, in accordance with the
provisions contained herein, on the site for information, demonstration,
and shopping purposes only, provided that each such copy contain the
copyright notice as it appears in the original Content or Product.
Copying or storing of any Content for other than information,
demonstration, and shopping purposes is expressly prohibited.
2.6 Some of the Content and Product are furnished by third party
providers. These third party providers will not be liable for any
inaccuracies or defects.
3. PRIVACY STATEMENT AND POLICIES
Nobel, Inc., nobeltalk.com, "NobelTalk" ("Nobel", "we", or "our"), and
its Customers, Partners, Suppliers, and Affiliates recognize and respect
the privacy expectations of our customers. The following must be read
and assented to for you to use our site. By using the Site, you are
stating that you have read and are agreeing to the following:
3.1 Customer Privacy
Nobel is the sole owner of the information collected on this site. We
will not sell, share, or rent this information to others in ways
different from what is disclosed in this statement.
3.1.a Information Collected
Nobel can collect information from our users at several different points
on our web site. We collect, retain, and use information about you for
the purpose of administering our relationship with you. In order to
administer our relationship with you, it is necessary for you to provide
certain information upon using portions of our Site. Such information
includes your name (either your name, company, or organizations name),
address, phone number, e-mail address, and other information gathered
through the applicable process.
3.1.b Information Automatically Placed On Your Hard Drive (Cookies)
In order to provide service to you, we require that a cookie be
transferred to your computer's hard disk for record keeping purposes.
The Cookies capture your e-mail address and your first and last name.
Cookies allow you to access our site easier by storing your password on
your computer so that you do not have to enter your password each time
you log onto our site. To gain access to our Site, your computer must
3.1.c Non-Personally-Identifiable Information Collected Automatically
We collect IP addresses. Collection of IP addresses allows us to monitor
fraud on our Site.
Nobel has no intention of collecting personally identifiable information
(name, address, telephone number, or e-mail address) from individuals
under the age of eighteen. If a child has provided us with personally
identifiable information, a parent or guardian of that child should
contact us at the e-mail address listed in the "Accuracy of Information
Collected" section if they would like the information deleted from our
records. We will use reasonable efforts to delete the information
regarding the child from our files.
3.1.e Accuracy of Information Collected
We continually strive to maintain accurate and complete information
about our users, members, customers, and clients. Should you believe
that information is inaccurate or incomplete, you should notify
email@example.com with concerns and the accurate information. We
will use reasonable efforts to correct the incorrect information.
If a member wishes to subscribe to our newsletter, we ask for contact
information such as name and email address. Members will occasionally
receive information on products, services, special deals, and a
newsletter. You may unsubscribe from this service at any time following
the instructions provided in these emails.
Note: E-mail sent to Nobel may be used to answer questions, to follow up
on questions and/or to improve the level of service provided to users.
E-mail is not secure and is subject to interception by unauthorized
individuals. If you wish to send personal or sensitive information, it
should be sent by postal mail or phone via customer service.
We maintain security measures to protect your information from loss,
misuse and alteration of information under our control. Our site employs
SSL 128 bit encryption when private information is passed from you to
us. The level of encryption you ultimately obtain is dependent upon your
If you have any questions about security at our web site, please send an
email to firstname.lastname@example.org
3.3 Sharing of Information
3.3.a Nobel Corporation
Within Nobel, any employee access to customer information is for
business purposes only and is based on a need to know basis. This
information is shared with Affiliates so that we can provide services
and products that meet your circumstances and needs.
3.3.b Third Parties
We enter into agreements with outside companies to provide services to
our users. When we enter into such agreements, we require that these
companies adhere to the same strict privacy standards in regards to the
security and confidentiality of your information. We also do not allow
such third party companies to disseminate your information to any other
3.3.c Unaffiliated Third Parties
As a service to our users, we partner with unaffiliated third parties to
offer products and services. At no time is your confidential information
provided to these third parties.
3.3.d Call Records
We provide call records for postpaid services; the records are included
on each invoice sent to you and are also available online. We do not
provide call records for prepaid service except as provided below.
In compliance with the privacy regulations protecting unlisted telephone
numbers, customer service is not able to release complete phone numbers
from the detailed records of a prepaid phone card account.
We can, however, provide limited information. If you have specific
questions regarding one call, you may call the customer service number
listed with your order. On a limited basis, a representative can tell
you the Date, Time, Duration of call, Originating area code and
Destination area code only.
For additional call detail information, or for more information than for
one or two phone calls per record, go to your local law enforcement
office to apply for a subpoena. Law enforcement officers or your legal
counsel can contact us for instructions on where to submit the subpoena.
3.4 Legally Required Disclosure
There may be occasions where we are legally required to disclose
information about you, such as in response to a subpoena, to prevent
fraud, or to comply with a legally permitted inquiry by a governmental
3.5 Opt In/Out
Our site provides an opportunity to opt-out of receiving communications
from us and our partners at the point where we request information about
you. Further, by not opting-out at the applicable places, you are
opting-in to our use of your private information as laid out in this
privacy statement and policy.
3.6 Link To This Site
If you linked to this site from another site, use of that site is
subject to the privacy statement and policies of that site.
3.7 Link To Other Site
This web site contains links to other sites. Please be aware that Nobel
is not responsible for the privacy practices of such other sites. We
encourage our users to be aware when they leave our site and to read the
privacy statements of each and every web site that collects personally
identifiable information. This privacy statement applies solely to
information collected by this Site.
Note: Use of this Site constitutes consent to monitoring. All web site
traffic on this site is monitored for copyright, security, and
statistical purposes. Unauthorized attempts to upload or change
information, to download the entire web site, or otherwise cause damage
are strictly prohibited and may be punishable under any applicable
local, state, federal, and/or international laws.
4. COPYRIGHTS AND TRADEMARKS
4.1 Copyright Notice
Copyright 2002 Nobel, Inc., 5973 Avenida Encinas #202, Carlsbad Ca
92008. All rights reserved. All material on this site is owned by Nobel,
or its Customers, Partners, Suppliers, or Affiliates, and is protected
by national and international copyright law. Unauthorized duplication or
distribution is prohibited.
Nobel, NobelTalk, and nobeltalk.com are trademarks of Nobel, Inc.. The
names of companies and products mentioned and contained on the Site may
be the trademark of their respective owners.
5. IDEA SUBMISSIONS
Our policy is to not accept unsolicited ideas about new marketing,
advertising, product, and/or packaging concepts and/or improvements.
This policy is to avoid confusion about our ownership of new concepts.
If you do send us a message about a proposed new idea, your message will
be treated as non-proprietary and non-confidential and becomes our
property and may or may not be used by us for any purpose without
compensation to you.
6. REPRESENTATIONS AND WARRANTIES
6.1 You represent, warrant and covenant: (a) that you are at least
eighteen years old, (b) that all information provided by you is accurate
and correct, and (c) that you will not infringe the right of any third
6.2 USE OF THIS SITE IS AT YOUR SOLE RISK. NOBEL DOES NOT REPRESENT OR
WARRANT: THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION,
SERVICE, PRODUCT, SOFTWARE, OR DEMONSTRATION CONTAINED ON THE SITE.
RELIANCE UPON SUCH CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE OR
DEMONSTRATION SHALL BE AT YOUR OWN RISK.
6.3 THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND
DEMONSTRATIONS, CONTAINED HEREIN AND PROVIDED ARE DONE SO ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NOBEL AND ITS RESPECTIVE
CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED
, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF
, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS. NOBEL AND ITS RESPECTIVE CUSTOMERS, PARTNERS,
SUPPLIERS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENT
APPLICABILITY OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES,
PRODUCT, SOFTWARE, AND DEMONSTRATIONS ON OR THROUGH THE USE OF THE SITE.
6.4 NOBEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR
ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES AND
SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION,
DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR
LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE
CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND
THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO
CONSEQUENTIAL AND INCIDENTAL DAMAGES IS IN EFFECT AND FULL FORCE WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT NOBEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
YOUR SOLE AND EXCLUSIVE REMEDY
UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE. SINCE SOME
STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND
LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
NOBEL IS IN NO WAY LIABLE FOR TRANSMISSION FAILURE, INCLUDING BUT NOT
LIMITED TO, THE FAILURE, DELAY, INTERRUPTION OR CORRUPTION OF ANY DATA
OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
INFORMATION IS TRANSMITTED OVER MANY DIFFERENT EXCHANGES, THE INTERNET,
ROUTERS, CARRIER LINES, AND LOCAL AND LONG DISTANCE PHONE COMPANIES AND
INTERNET SERVICE PROVIDERS. THESE DEVICES ARE MAINTAINED, SERVICED, AND
OWNED BY THIRD PARTIES. THEIR MAINTENANCE AND SERVICE IS OUT OF THE
CONTROL OF NOBEL.
You agree to defend, indemnify and hold Nobel, its officers, directors,
employees, agents, subsidiaries, Customers, Partners, Suppliers, and
Affiliates (the "Indemnified Parties"), from and against any and all
liability, costs, and settlements, including, without limitation,
reasonable attorneys' fees and accounting fees, incurred by the
Indemnified Parties in connection with any claim arising out of any
breach of this User Agreement by you or any user of any account assigned
to you, whether such user is authorized or unauthorized. Nobel will
promptly provide notice to you of any such claim, suit, or proceeding
and, at your expense, will reasonably cooperate with you in your
handling of such matter.
Nobel is linked to by other Internet sites and resources. Nobel is not
responsible for the content or is in any way associated with these third
parties. All inquiries regarding the linking sites should be directed to
those sites. We provide links to other web sites that we think may be of
interest to our users. By providing links, we are not endorsing the
materials and content disseminated at those web sites, and we are not
responsible for the materials and content at any other site.
10. PROTECTION OF ID AND PASSWORD
Your are required to have a password and user ID to access portions of
10.1 You are given a password and a user ID during registration. The
user ID is the account number and the password is the main contact
number. Access online is only available for postpaid customers, and is
not available customers on prepaid accounts. For postpaid services, you
may change your password through account management in the "My Account"
section of the Site. Information given during registration must be
accurate and updated accordingly. You must be 18 years or older to use
this site. Noncompliance with the foregoing shall constitute a breach of
this Agreement. Such noncompliance may result in termination of your
account. You are solely responsible for maintaining the confidentiality
of your user ID and password.
10.2 You must notify Nobel at, email@example.com of any known or
suspected breach of security, including theft, loss, or unauthorized
disclosure of your password or credit card information, or unauthorized
access or use(s) of your account, or any known or suspected.
10.3 You are responsible for any and all use and activity on your Nobel
account. You are responsible for third party users, including employees,
authorized or unauthorized by you to use your user ID and password. Any
illegal activity, including, but not limited to, fraudulent
misrepresentation, may be, at Nobel's sole discretion, grounds for
termination of your account. In certain circumstances, Nobel may refer
you to appropriate law enforcement agencies.
11. USE OF SOFTWARE
11.1 Software that is made available to download from this Site
("Software") is the copyrighted work of Nobel, its Customers, Partners,
Suppliers, or Affiliates. Your use of the Software is governed by the
license agreement ("License Agreement"), if any, that is included with
the Software. You may only download and install Software that contains a
License Agreement, upon agreeing to the License Agreement terms.
11.2 The Software provided to and downloaded by you in accordance with
Section 11.1, is licensed to you, subject to the terms contained herein.
You have no rights to the Software, code, enhancements, or modifications
provided to you beyond the terms contained in the License Agreement. You
may not assign, sublicense or transfer any license granted to you by
Nobel, its Customers, Partners, Suppliers, or Affiliates. Any attempt to
sublicense, transfer, or assign shall be null and void, as if no such
attempt had been made. You may not copy, create derivative works,
reverse engineer, distribute, or modify the software, code,
enhancements, or modifications except that you may make one copy for
11.3 Your use of the Software constitutes your acknowledgment that the
Software, and any accompanying technical information and documentation,
is subject to applicable United States of America export controls laws
and regulations. Further, you agree that you will not export or
re-export the Software directly or indirectly to any countries that are
subject to United States of America export restrictions.
12.1 You can terminate your account at any time. To terminate your
account, send an e-mail to firstname.lastname@example.org.
12.2 Nobel may, in its sole discretion, suspend or terminate your access
to all or part of the site for any reason. Such reasons for termination
include, without limitation, breach of this Agreement or if your conduct
is unlawful or is harmful to the interest of Nobel and/or its Customers,
Partners, Suppliers, or Affiliates.
13. CHOICE OF FORUM
By agreeing to this User Agreement, you agree that exclusive
jurisdiction for any and all disputes with Nobel resides in the federal
court for the Southern District of California and you further agree and
expressly consent to the exercise of personal jurisdiction in the
Southern District of California in connection with any such dispute
including any claim involving Nobel, its employees, officers, and
14. CHOICE OF LAW
The User Agreement is governed by the internal substantive laws of the
State of California, without respect to its conflict of laws principles.
15. UNITED STATES INFORMATION CONTROLS
The United States government polices and controls the export of products
and information, including, but not limited to, software. You must
comply with restrictions placed on products and information by the
United States government and not export or re-export the Content,
Information, Service, Products, Software, or Demonstrations to countries
or persons prohibited under the export control laws. By downloading the
Content, Information, Service, Products, Software, or Demonstrations,
you are agreeing that you are not in a country to which such export of
products and information is prohibited. By downloading the Content,
Information, Service, Products, Software, or Demonstrations, you are
also agreeing that you are not a person or entity to which such export
of products and information is prohibited. You are solely responsible
for complying with all laws of your local jurisdiction, as well as laws
of the jurisdictions in which the information travels through to got to
you, regarding the import, export, or re-export of the Content,
Information, Service, Products, Software, or Demonstrations.
16. PLAN USAGE
Following is our general statement on long distance usage. For specific
rules and regulations, please see such rules and regulations for the
Plans may not be used in conjunction with certain other promotions,
discounts and contests, except as otherwise set for the in these Terms
and Conditions.. Effective per-minute rate realized depends on efficient
use of included minutes. Promotions may be extended to new customers at
the sole discretion of NOBEL. For the purposes of this paragraph, a new
customer is defined as an individual who has never signed up with NOBEL
or ever used its Services. Promotional calling minutes extended to new
Customers are deemed to be worth no more than ten dollars ($10.00) and
NOBEL reserves the right to convert promotional calling minutes into a
monetary credit of ten dollars ($10.00) applied to calls in lieu of the
promotional minutes at any time. The applicable number of promotional
minutes will vary depending on how they are used (for example, the
number of minutes available to call mobile telephones is half of the
number available to call landline telephones). Each promotional
discount, product, or service, extended to a new customer will expire
ninety (90) days after the customer signs up with NOBEL. The monetary
amount of any promotion or discount applied to an order for which a
refund is subsequently provided will be deducted from the amount
Unless otherwise stated, all refillable calling plans expire 2 years
(730 days) after the date of last use.
Rates may vary. Rates are the rate set forth for each specific plan plus
any added fee(s), and/or charge(s) set forth herein or in information
for a calling card. All calls are billed in 1-minute increments and
rounded up unless otherwise stated. For each answered call, billing
begins no earlier than the point at which the PIN is entered.
Local and Regional Phone Company charges may apply and such fees shall
be charged to your account. Public payphones may incur an additional
charge of up to $0.75 depending on the payphone carrier's policy. An
800-access fee may be applied to calls without a valid destination
number and such fee shall be charged to your account. Outside of the
United States, 800 access fees may be applied even to calls with valid
destination numbers. Access fees to local access numbers may be applied.
Federal, State, and local taxes for Lifeline Assistance and Universal
Service Fund will be charged to your account. Calls to Directory
Assistance will be charged at a higher rate and such fees shall be
charged to your account.
Not all telephones are compatible with PIN calls. Access to compatible
telephones is limited in some locations.
Calls originating from Alaska, Hawaii, Puerto Rico, the US Virgin
Islands and Guam will be charged at a higher rate unless the rate is
specifically stated for those origination points. Call terminations at
an international cellular phone number will be charged at a higher rate
unless the rate is specifically stated for cellular phones. Application
of surcharges and fees has the effect of reducing total available
For fraud prevention purposes, first-time customers and new accounts may
be subject to telephone verification, which may require you to provide
your social security number and/or credit card information, both of
which will be protected in accordance with our privacy policies as set
forth above in section 3 of these Terms and Conditions.
For abroad and overseas customers, NobelTalk customer service
representatives may ask for documentation for verification purposes.
This may include, but is not limited to, a passport, driver's license,
or a copy of the front and back of your credit card.
Please call us at 1-800-961-6623 if you have any questions about our
instant delivery or fraud protection policies. Customer service
representatives are available 24/7 toll free, in the United States and
Billing errors may occur. If you have been undercharged, we, in our sole
discretion, may charge your provided credit card the amount for which
you were incorrectly not charged.
NOBEL is committed to providing the lowest long distance phone rates
possible. Prices are subject to change without notice. When appropriate,
refunds will be offered in the form of exchanges or store-credit on all
plans having a full balance, excluding discontinued products. Any
promotion or discount applied to an order for which a refund is provided
will be deducted from the amount of the refund.
Network services are provided by Aries Network Inc.
17. TERMS & CONDITIONS APPLICABLE ONLY TO TOP-UP PURCHASES
Denomination means the amount that is debited to the Customer's account if the Customer places and order for a Top Up.
Top-Up means the transfer or act of transferring a prepaid credit amount (hereinafter also referred to as a "transfer") by a Customer from his credit account to a Mobile Network Operator (hereinafter referred as "MNO") to pay for the provision of telecommunications services by that MNO to a mobile telephone number of a Recipient.
Recipient means an individual that resides in the listed territories and that uses a telephone number registered under the networks operated by the listed MNOs and receives a Top Up.
Top Up value means the amount of prepaid airtime credit that Nobel will electronically send to the Suppliers/MNOs for the benefit of the Recipient.
17.1 Top-Up Services
The Services shall only be provided by Nobel to all Customers above 18 residing in the U.S., and any and all transfers performed by such Customers shall be available only for transferring prepaid credit to mobile telephone numbers located in the listed territories (available on the website, and subject to change without prior notice). Such numbers must be registered under the networks operated by the listed MNOs (available on the website, and subject to change without prior notice).
Nobel does not make any claims with regard to the availability of Top-Ups on the website.
Top-ups will generally have an expiration date, which is established by the MNO. For additional details, please consult the MNO's terms and conditions with regard to processing Top-Ups.
17.1.3 Sending a Top-Up
We reserve the right to limit the number of Top-Ups and/or the value of each Top-Up to a specific value, over a specific time period, at our own discretion. It is the Customer's responsibility to periodically check the Website in order to determine if such changes occur.
When sending a Top-Up, the Customer shall ensure that all instructions given by him to us, through the website, are accurate and complete, and that the mobile phone number of the Recipient is inserted correctly. In particular, prior to confirming any Top-Up related actions, the Customer shall ensure that the information which is conveyed back to the Customer confirming the action that he sent through the Website, is accurately describing the action which he intended to perform. Once the Customer confirms an action, either by finalizing a transfer or by any other means that result in the Customer sending an instruction to Nobel to process an action, then such processed action shall be final and binding to the Customer.
The Customer must carefully examine any and all Top-Up related information available on the Website or provided by the MNO. NOBEL DOES NOT PROVIDE ANY WARRANTIES WITH REGARD TO THE INFORMATION AVAILABLE ON THE WEBSITE, SUCH INFORMATION BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
When using Nobel's website, the Customer has the option to choose the country where the number of the Recipient is located and the MNO that operates the network under which the number of the Recipient is registered. Nobel does not provide any warranties with regard to such information, both the MNOs and the list of countries being subject to change without prior notice to the Customer. It shall be Customer's responsibility to periodically check the website for such changes.
The Customer is solely responsible for correctly inputting the telephone number of the Recipient, for choosing the country where the number of the Recipient is located and the MNO that operates the network under which the number of the Recipient is registered. Nobel shall be in no way responsible for any such error, including, but not limited to: inserting an incorrect number, a number of a different Recipient, a number that is not located in the listed territories or not activated or registered under the networks operated by the listed MNOs.
After inserting the telephone number of the Recipient, the Customer chooses the denomination, which shall be debited from his account and applied to the Top-Up process. Nobel shall inform the Customer regarding the approximate amount of credit (Top-Up value) that will be electronically transferred to the MNO for the benefit of the account associated to the mobile phone number of the Recipient. The Customer should be aware that the value of the denomination may not be identical to the value of the Top-Up or to the amount of credit that the Recipient will receive. Usually, the value of the credit transferred to or received by the Recipient is lower than the value of the denomination due to currency fluctuations/conversions or charges set out by the Suppliers and the MNOs. Nobel's sole guarantee is that the Customer shall be informed regarding the approximate value of the credit that will be electronically transferred to the mobile telephone number of the Recipient. Nobel specifically disclaims any other associated or non associated warranties or guarantees with regard to the amount of credit that will be electronically transferred to the mobile telephone number of the Recipient and Customer agrees to indemnify, hold harmless and defend Nobel, from and against any and all liability, claims, actions, loss, damage, costs and expenses awarded against, incurred by or paid or payable by Nobel as a result of any claim, loss or damage arising out of the negligent, willful or unlawful act or omission of the Customer under this paragraph.
Once Nobel receives a proper and complete request for a Top-Up, the Customer's account is debited. This means that the Customer cannot cancel a Top-Up. All Top-Ups are final with no refund or exchange permitted. After the Customer's account is debited, Nobel will forward an electronic request to the MNO that was indicated by the Customer, so that the MNO will provide a credit in exchange for the denomination transferred for the benefit of the mobile telephone number of the Recipient. The MNO shall be the only party liable to the Customer with regard to the provision of the mobile services to which the Top-Up applies.
By agreeing to the present set of terms and conditions, the Customer authorizes Nobel to act upon any instruction to debit an account received through the Website, if such instruction has been transmitted using the Customer's Password and/or any other authentication process that Nobel may require to be used in connection with the Website, without requiring Nobel to make any further authentication or enquiry.
Nobel does not warrant in any way nor do we make any claims with regard to the time required for a Top Up to reach the Recipient.
The credit that the Customer shall transfer to the Recipient's telephone number shall be consumed by the Recipient in using mobile phone services as per the MNO's terms and conditions that may change from time to time. Such credit has a limited validity period and, depending on the service/denominations, the credit will expire after a period set by the MNO. In addition, such credit might be subject to local taxes of the destination country such as Value Added Tax (VAT) or other local taxes.
The MNOs have the right to convert the amount of transferred credit to a different service, as they see fit. Also, the MNOs have the right to deduct any applicable charges or fees. Nobel shall be in no way responsible in this regard and it specifically disclaims any associated warranties or guarantees. The Customer and the Recipient are solely responsible for consulting the MNO's terms and conditions with regard to processing Top-Ups. Any failure in this regard shall not be deemed a failure of Nobel to provide the services according to the Website and the present set of terms and conditions.
Credits are transferred without recourse against Nobel for any breach of contract by the MNO. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the transferred credits must be handled directly between the Customer or the Recipient and the MNO.
17.2 Charges And Fees
For each Top-Up that the Customer orders he shall be charged with a Top-Up Transfer Fee. Such charge shall apply to the denomination of each Top-Up and not to the total amount of the order.
If the Customer places an order that includes other Products or Services as well, such as calling cards or postpaid plans, then the Customer might be responsible for paying the processing fee that applies for orders below a certain value, and such processing fee, if applicable, shall apply to the entire order, including Top-Ups.
In both of the cases referenced above, and in the case of any applicable tax or fee, the charges shall apply to the denomination and not to the Top-Up value.
17.3 Limitation Of Liability
Customer agrees that in no event shall Nobel and any underlying carrier or MNO be liable for any consequential, punitive, incidental, indirect or special loss or damage whatsoever (including but not limited to damages for loss of income, loss of business or profits, or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the Top-Up services arising from or in any way connected with the performance of its obligations under these Terms and Conditions, even if Nobel has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Additionally, in no event will Nobel, Nobel's Affiliates and their respective shareholders be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind (including, but not limited to, economic loss, loss of information or data, interruption, delay or loss of access to or use of the Internet, and the like), arising in any way or any manner from errors or omissions in the content or defects in the services provided by Nobel hereunder or the Customer's access to and use of the Services.
The Customer agrees to indemnify, hold harmless and defend Nobel, at Customer's own expense, from and against any and all liability, claims, actions, loss, damage, costs and expenses (including but not limited to reasonable attorney's fees) awarded against, incurred by or paid or payable by Nobel as a result of any claim, loss or damage arising out of the negligent, willful or unlawful act or omission and/or default of the Customer under these Terms and Conditions, any applicable law or rights or any third parties and/or the misuse of the Top-Up services.
Nobel shall not be liable for any deficiency in performance caused in whole or in part by any act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, lack of coverage or network capacity, equipment failure or modification, acts of God, strikes, fire, war, terrorism, riot, emergency, serious and sustained power outage or severe Internet service disruption, flood, government actions or any other cause beyond Nobel's reasonable control.
Nobel's total liability for direct damages resulting under these Terms and Conditions, regardless of whether that liability arises in contract, tort (including negligence), equity or statute shall, unless otherwise stated in these Terms and Conditions, be limited to the value of the purchase.
This section shall survive termination of these Terms and Conditions and the Agreement they represent.
If any provision of this User Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of the User
Agreement, which shall remain in full force and effect.
No waiver of any of these provisions shall be deemed a further or
continuing waiver of such provision or any other provision.
20. FORCE MAJEURE
Nobel is not liable for failure or delay in performing an obligation
under this Agreement that is due to causes beyond its control, such as
natural catastrophes, governmental acts or omission, laws or
regulations, labor strikes or difficulties, computer viruses, war,
transportation stoppages or slowdowns or the inability to procure
Content, information, service, carriers, Product, Software, or
Demonstrations. If any of these causes continue to prevent or delay
performance for more than 180 days, you may terminate this Agreement,
effective immediately upon notice to Nobel.
21. COMPLETE AGREEMENT
These provisions constitute the entire Agreement between you and Nobel
with respect to the use of this Site and any Software, Content, or
Product contained therein, unless specified and marked "ADDENDUM" on the
22. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to:
5973 Avenida Encinas #202
Carlsbad CA 92008
In the event you have a claim of copyright infringement with respect to
Content that is contained in the site, please notify, Nobel Inc.,
Customer Support, 5973 Avenida Encinas #202, Carlsbad CA 92008 or by
e-mail at email@example.com.