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.
1. TOP UP SERVICES
1.1 Territory
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).
1.2 Availability
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.
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 mean 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 countries list 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 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 such 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 prepaid 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.
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 as well, such as calling cards, 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.
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.