Terms & Conditions of Nomi-mobile

1. INTRODUCTION

Global Nomi Telecommunicacoes E Servicos Lda a company registered in Madeira, whose address is Lda Rua 31 de Janeiro, 81 A 3° E, 9050-011 Funchal, Madeira, Portugal (GN) is a supplier of Mobile Services and Home-talking Services (the Services).

Nomi-Call Limited a company incorporated under the laws of England and Wales, with registered company number 04865526 and whose registered office at 4th Floor, 11 York Road, The Tower Building, London, SE1 7NX (NC) is responsible for sales and distribution of SIM Cards, which enable users to receive the Services provided by GN, and for issuing Top-up Vouchers which can be purchased through Third Parties and redeemed with GN.

Third Parties: If You have purchased an NC-issued SIM Card and/or an NC-issued Top-up Voucher (Products) from a Third Party (i.e. somebody other than NC), (with the exception of a purchase of Top-up Vouchers made via an electronic terminal) the Third Party is acting as principal in the sale of the Products to You.

NC does not accept any liability for any promises or representations made by non-agent Third Parties in relation to the Products. NC is not responsible for any acts or omissions of non-agent Third Parties.

No GN Agency : Neither NC nor any Third Party from whom You have purchased Products are agents or representatives of GN.NC and Third Parties are not authorised to make any representations, conditions or warranties to You with regard to the Services nor are they entitled to pledge GN's credit nor to bind GN to any agreement with You relating to the supply of Services.The supply of Services by GN is subject to GN's discretion in accordance with the terms and conditions.

This document sets out:

1. the terms and conditions applicable to any agreement entered into between You and GN for the provision of Services (the Services Agreement); and
2. the terms and conditions applicable to any agreement entered into between You and NC or between you and a Third Party (as the case may be) for the supply of Products (the Product Agreement(s))

Capitalised terms used in the terms and conditions (e.g. Mobile Services, Top-up Vouchers) are defined in Section 11.

By using the Services You will be deemed to have entered into the Services Agreement with GN and to have accepted these terms and conditions so far as they relate to the Services Agreement. By purchasing Products from either NC or a Third Party, You will be deemed to have entered into the Product Agreement with NC or the Third Party (as the case may be) and to have accepted these terms and conditions so far as they relate to the Product Agreement.

GN and NC each reserves the right to amend these terms and conditions at any time, GN reserves the right to amend the Tariffs at any time and NC reserves the right to amend the SIM Card Charge at any time. Unless otherwise specified, variations and/or changes shall become effective immediately upon being posted on www.nomi-mobile.com (the Website), copies of the terms and conditions and Tariff as amended from time to time are available on the Website, from Third Parties and are also available from the Helpdesk upon request. By continuing to use the Services or by purchasing further Products You will be deemed to have accepted the relevant variation or change.

PLEASE NOTE IN PARTICULAR SECTION 6 (YOUR RESPONSIBILITIES) & SECTION 7 (LIABILITY)

2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000 ("REGULATIONS")

If You have purchased Your SIM Card directly from NC (e.g. via the Website or Helpdesk) You may cancel Your Product Agreement with NC at any time up to 7 working days after receiving the Product ("Trial Period") provided that You notify the Helpdesk of such cancellation within the Trial Period and return Your SIM Card as advised by the Helpdesk within 14 days of receipt undamaged and in its original packaging, together with proof of purchase. In these circumstances, NC agrees to refund You the purchase price of Your SIM Card, if any. This does not affect Your statutory rights.

If You have made a Top-up by Bank Card payment (but not otherwise) but have not yet begun to use the Services You may cancel Your Services Agreement with GN at any time up to 7 working days after the date of Your first (but not subsequent) payment / Top-up ("Trial Period") provided that You notify the Helpdesk of such cancellation within the Trial Period. In these circumstances, GN agrees to refund any Top-up made (where applicable) to the Bank Card You used to make the Top-up, cash refunds will not be made by GN. If you have redeemed an NC Top-up Voucher, GN will arrange for NC to issue to you another Top-up Voucher having the same face value as the Top-up Voucher You have redeemed with GN. You agree that when You use the Services, You will lose Your right of cancellation under the Regulations.

3. THE SERVICES AND THE PRODUCTS

3.1 SUPPLY OF GN SERVICES

3.1.1 GN will not be deemed to have accepted any obligation to supply Services to You until such time as it has confirmed its acceptance of a Top-up to Your Account by email, SMS, post or other communication method of GN's choosing.

3.1.2 GN aims to make the Services available to You at all times when you are within the range of the base station. However, due to the nature of telecommunications services, GN cannot guarantee a continuous fault free service. Services may be impaired by too many people trying to use the network at the same time, geographical and atmospheric conditions, physical features as well as other conditions. The network or other means of access may fail or require maintenance without notice. If You experience an on-going problem with the Services, please call the Helpdesk. If You find that Your voicemail is not connected please contact the Helpdesk who will try to connect it within 5 working days. You should contact the Helpdesk if You wish to change Your voicemail set up.

3.1.3 The Services are only available in the United Kingdom and will not be available abroad. Any coverage maps represent GN's best estimate but are not a guarantee of service coverage.

3.1.4 GN recommends that You register Your details with GN via the website www.nomi-mobile.com, the Helpdesk or such other means as GN may advise via the Website or Helpdesk to enable GN to communicate with You.

3.1.5 The telephone number(s) allocated to You remain GN's property and cannot be transferred except in accordance with the Porting Policy (available on the Website and from the Helpdesk). It is unlikely, but GN reserves the right to change Your telephone number(s) and / or any Security Details at its discretion.

GN will give You as much notice of any such change as is possible in the circumstances.

3.2 SUPPLY OF NC PRODUCTS

3.2.1 It is Your responsibility to check that the SIM Card specification is compatible with Your phone equipment and that the Products You have purchased meet Your requirements. All risk of damage to and/or loss of the Products passes to You once You have received them.

3.2.2 NC will not be deemed to have accepted any order placed by You to purchase Products directly from NC unless and until NC has confirmed its receipt of such order to You by email, SMS, post or any other communication method NC may choose.

3.2.3 NC will, subject to the next paragraph, repair or replace free of charge any SIM Card found faulty or defective, provided that the fault is not due to mishandling by You. You are required to report the fault to the Helpdesk and to return the SIM Card as directed by the Helpdesk. If NC reasonably believes that You are responsible for the damaged or faulty SIM Card, it may agree to supply a replacement SIM Card to You, subject to availability and provided that You pay NC's standard SIM Card Charge together with NC's reasonable administrative costs.

3.2.4 NC shall (at its or the manufacturer's sole option) have the right to refund to You the price paid by You for the SIM Card excluding also a proportionate part of the value of the SIM Card depending on its age and condition instead of replacing the SIM Card.

3.2.5 If NC replaces the SIM Card or if it makes a refund to You as set out above it will have no further liability to You. If the SIM Card is repaired You may lose data (including for example phonebook, ring-tones) which You have stored on them. If the SIM Card is replaced You will lose all of this data. You are advised to back up this data on a regular basis.

3.2.6 You acknowledge that the SIM Card and any intellectual property in the Products does not belong to You and is supplied to You under licence from NC or third parties (as the case may be) for proper use of the Products and the Services only.

4. CHARGES & PAYMENT

4.1 SERVICES

4.1.1 GN's Charges for the Services will be calculated in accordance with the Tariffs (as amended by GN from time to time) and Your use of the Services. All Charges are inclusive of VAT.All charges are stated and charged in pence per minute and will be rounded up to the next whole minute.

4.1.2 Except in the case of obvious error, GN will use the details that it or its service partners have recorded on their respective systems to determine your use of the Services, the credit balance on Your Account from time to time and the amount(s) by which Your Account is Topped-up. Each time You use the Services or if somebody else uses the Services via the SIM Card or the phone number allocated to You or if You receive chargeable calls and SMS You will be liable to pay to GN the relevant Charges for that use of the Services. GN will deduct the Charges from the balance on Your Account as those Charges are incurred. Time for payment is of the essence, which means that You must make payment on demand for all Charges in excess of the credit balance on Your Account otherwise GN can terminate the Services and its agreement with You immediately and without notice to You.

4.1.3 Where the amount standing to the credit of Your Account expires during use of the Services GN will terminate the call.

4.1.4 If You request a copy of the call records, GN will make a charge to Your Account (currently £15).

4.1.5 If GN has agreed to re-connect the Services following a bar or suspension a re-connection charge (currently £5) will apply and You will be required to pay any outstanding Charges before GN will re-connect the Service.

4.1.6 You must pre-pay for the Services by Topping-up Your Account in one of the ways described in Section 4.1.7. Your Account is subject to a maximum credit limit of £200 at any time. Subject to Section 2 and Section 7.5, none of the payments made by You when Topping-up Your Account are refundable under any circumstances, nor is any interest payable on any credit balance on Your Account.

4.1.7 Pre-payments can be made either by purchasing NC-issued Top-up Vouchers from Third Parties and redeeming NC Top-up Vouchers with GN or by making a direct payment into your Account with GN by Bank Card.

4.1.8 If You owe any money to GN and this is not paid when it should have been paid, without prejudice to any other rights GN may have under the Services Agreement, You agree that GN may at their discretion recover the money You owe them when You next Top-up or from any credit balance on Your Account or from any Bank Card details You have provided to GN. GN may charge You interest daily on any unpaid amounts owing to GN at the rate of 2% per annum above the base rate of Lloyds TSB from time to time.

4.1.9 Calls made from a payphone are chargeable. Please check www.nomi-mobile.com for details.

4.2 SIM CARDS AND TOP-UP VOUCHERS

4.2.1 If You wish to purchase a SIM Card directly from NC You must pay the SIM Card Charge before NC will issue the SIM Card. Without prejudice to the foregoing NC may charge You interest daily on any unpaid amounts owing to NC at the rate of 2% per annum above the base rate of Lloyds TSB from time to time.

4.2.2 Top-up Vouchers cannot be redeemed for anything other than the Services provided by GN and cannot be transferred or assigned by You nor can they be redeemed for cash.

4.3 RIGHT OF REFUSAL

4.3.1 GN reserves the right to refuse any pre-payment or Top-ups and NC reserves the right to refuse to issue Products to you if either of GN or NC has identified or reasonably suspects a fraudulent transaction, misuse or breach of the Services Agreement between You and GN or the Product Agreement between You and NC or between You and a Third Party (as the case may be), or if You owe money to either GN or NC.

5. DISCONNECTION, TERMINATION AND ALTERATION OF THE SERVICES

5.1 In addition to anything else GN can do under these terms and conditions, it can at its sole discretion end the Services Agreement, suspend (i.e. bar calls or /and SMS) or terminate the provision of the Services or both (in whole or in part) without notice and without liability to You in any of the circumstances set out below:

5.1.1 If GN is aware or has reason to believe that the Services or any Security Details relating to Your Account are being used in an unauthorised, unlawful or fraudulent manner or have been compromised or may have been used for criminal activities or if GN has reason to suspect fraudulent use of any Bank Cards (or those of any other person) whether currently or previously in connection with Your Account;

5.1.2 If You do not use the Service for a period of 180 days (meaning You have not made any chargeable use of the Services or Top-ups). Please note that if You choose not to use the Mobile Services but continue using the Home-talking Services, GN will at its discretion disconnect Your access to the Mobile Services only via SIM Card;

5.1.3 If You breach or if GN has reason to believe that You may be in breach of the agreement between You and GN;

5.1.4 If You notify the Helpdesk that Your SIM Card or/and Your Account details have been lost or stolen;

5.1.5 If You become bankrupt, go into liquidation or become subject to an administration order or a receiver is appointed over any of Your assets;

5.1.6 If the Charges on Your Account exceed the credit value of Your Account or the credit on Your Account if not greater than nil;

5.1.7 For reasons outside our control, if there is an emergency, for Your health and safety or for Your security; or

5.1.8 If any agreement giving GN access to any part of or the ability to provide the Service is suspended or terminated.

5.2 GN will investigate all complaints made whether by or against You and reserves the right to suspend the Services if a complaint has been made against You pending the results of investigation of the complaint.

5.3 If GN bars Your Account, suspends the Services or terminates the Agreement You must still pay all Charges relating to Your use of the Services.

5.4 Termination of the Services Agreement between You and GN shall not affect Your liability to GN under the Services Agreement or Your liability to NC under the Product Agreement. The following terms and conditions shall continue to be effective after termination: Section 4 - Charges & Payment, Section 6 -Your Responsibilities, Section 7 - Liability, Section 9.7 - Third Party Rights, Section 10.2 - Governing Law and Jurisdiction and any other provisions which are intended to continue after termination or are necessary to give effect to those provisions which are expressly stated to continue to apply.

5.5 GN may vary the technical specification of the Services at any time.

6. YOUR RESPONSIBILITIES

6.1 You agree to use the Services or the Products as described in any user guide or other instruction issued by GN, NC or a Third Party (as the case may be).

6.2 You must not and You must not allow anyone else to: (a) use the Products and/or the Services in any manner which is (or which would have a purpose or effect which is) harmful, a nuisance, annoying, disruptive, inconvenient or unlawful, defamatory, obscene, fraudulent or in connection with a criminal offence; (b) make or send any illegal, offensive, indecent, menacing, harassing, abusing, hoax or "spam" calls or SMS; (c) access, through whatever means, the restricted areas of the underlying networks and systems used in the provision of the Services or act in any way such that the operation of the network or any part of GN or its service partners telecommunication infrastructure and systems will be either jeopardised or impaired; (d) send or upload anything that is copyright protected (unless You have permission) or which may be breaching the rights (including copyright, other intellectual property rights, right of privacy and publicity) of either GN or NC, their respective service partners or any third party; or (e) use the Products and / or the Services in any way which (in the reasonable opinion of either NC or GN (as the case may be)) brings either GN's or NC's name (as the case may be) or the name of any of their respective service partners into disrepute.(f) use the products and/or services in a manner that is unlawful, fraudulent or in bad faith or to your knowledge, has any unlawful, fraudulent or bad faith purpose or effect.

6.3 You must comply with these terms and conditions (as amended from time to time), all relevant legislation or regulations relating to the Services, all user guides and instructions relating to the Services issued by GN and by NC or Third Parties relating to the Products. You must cooperate with GN, NC, Third Parties or their respective partners in all security and other checks, keep the Products, Your Account and Security Details safe and secure and handle the Products with care.

6.4 Your dealings with, and interest in, promotions, services or merchants using the Services are solely between You and the person with whom You are dealing, neither GN nor NC will be a party to or in any way responsible for any reliance on third party content or services that You access via using the SIM Card and the Services nor for any transactions concerning third party goods and services nor for any losses or damages that may arise from any such dealings. Neither GN nor NC shall have any responsibility for the information You transmit via the Services, You are entirely responsible for this.

6.5 Age restricted Service: You must not use the Services to access age-restricted services (if any) or any adult content if You are below the age specified to access those services. If You are allowed to access any Age Restricted Services, You must not show or communicate content from those services to anyone below the specified age.

7. LIABILITY

7.1 Nothing in these terms and conditions shall limit or exclude the liability of GN or NC (as the case may be) for personal injury or death arising as a result of their respective negligence nor for fraudulent misrepresentation. Subject to this, neither GN nor NC nor their respective parents, subsidiaries, affiliates, officers, directors, agents and employees will be liable whether or not as a result of negligence, breach of contract or otherwise for (a) a failure in the Products or in the provision of the Services or the Services themselves; or (b) any indirect loss, loss of business, revenue, profit, or savings You expected to make, wasted expense, financial loss or data being loss or harmed or any other loss or consequential loss which was not foreseeable at the time that the Services Agreement was entered into between You and GN or at the time the Product Agreement was entered into between you and NC.

7.2 Subject to the other provisions of this Section 7:

7.2.1 if GN is found to be liable, its liability, and the liability of its Group Companies and their respective officers, directors, agents and employees, to You is limited to the value of the Charges paid by You to GN in the previous 12 month period; and

7.2.2 if NC is found to be liable, its liability, and the liability of its Group Companies and their respective officers, directors, agents and employees to You is limited to the value of all amounts paid by You to NC in the previous 12 month period.

7.3 Neither GN nor NC accepts any liability for matters beyond its reasonable control nor for the acts and omissions of its service partners nor other network operators or other providers of telecommunications services nor does NC accept any responsibility for defects in the Products resulting from fair wear and tear, liquid damage, Your accidental or wilful damage, Your negligence, abnormal working conditions, failure of Your mobile phone or Your failure to follow instructions and misuse.

7.4 You agree to indemnify GN or NC (as the case may be) against all liabilities, claims, damages, losses and expenses arising from any breach by You of the agreement(s) between You and GN and / or NC (as the case may be).

7.5 If You are a consumer (in accordance with the Unfair Contract Terms Act 1977 and the Unfair Contract Terms in Consumer Contracts Regulations 1999 together the "Consumer Regulations"), the terms of the Agreement shall not be affected by any rights which You may have under any law and which cannot be excluded by agreement and Your statutory rights are not affected.

8. SUPPLY, USE AND DISCLOSURE OF INFORMATION

8.1 You represent that the details You have provided to NC at the time of purchasing the Products or to GN when registering or Topping-up Your Account with GN are correct, You must inform NC and GN via the Helpdesk or Website if Your details change.

8.2 You acknowledge that if either NC or GN has reasonable grounds to suspect that information has been supplied without the knowledge of the person named, for the protection of its customers and the network, in addition to any of their other rights under these terms and conditions NC may refuse to supply the Products and GN may refuse to supply or may disconnect Services. If NC's or GN's (as the case may be) suspicion proves groundless it will, in the case of NC supply the Products or in the case of GN connect or re-connect Services as soon as possible.

8.3 Information You provide or which is held by GN or NC may be used by GN, NC and their respective employees and / or agents to identify You when You make telephone, e-mail or mail enquiries. GN and NC may also share this information with and between their respective Group Companies and together those companies use this information to help administer the Services and Your Account(s), and any other services and products offered to You by GN or by NC or any of their respective Group Companies now or in the future. The information will also help GN and NC to detect fraud or loss. Unless You notify either GN or NC otherwise, GN and NC reserve the right to contact You for account management, service updates and marketing purposes by mail, email, telephone or SMS.

8.4 GN and NC will keep secure any personal details provided to them. GN will use reasonable endeavours that all communications over its networks and systems are secured, however GN will not be responsible for the networks of third parties over which Your communications may be transmitted. You are advised that for reasons beyond GN's control, there is a risk that Your communications via the Services may be unlawfully intercepted or accessed by those other than the intended recipients. Depending on the make and model, Your mobile phone may send information stored on it and receive information to and from third parties without Your knowledge and this is beyond GN's control.

8.5 Neither GN nor NC will sell or rent Your personal information to third parties for marketing purposes without Your express consent. You can access and modify the information You provide and choose not to receive certain communications by registering in to Your Account via the Website. For a complete description of how GN and NC use and protect Your personal information, see the Privacy Policy which is available on the Website and from the Helpdesk. If You object to Your information being transferred or used in this way please do not use the Services and notify us in accordance with the Privacy Policy.

8.6 GN, NC or their respective agents may monitor or record Your calls, email or SMS including their contents for their respective lawful business purposes, such as quality control and training, to prevent unauthorised use, to ensure effective systems operation, to provide evidence of telephone orders and instructions You give it and in order to prevent or detect crime.

8.7 When You use the Mobile Services, the identity of Your mobile phone number may be sent through the networks so as to be identified to the phone being called.

9. OTHERS / MISCELLANEOUS

9.1 Both or either of GN and NC may transfer the benefit and obligation under their respective Services Agreement and / or Product Agreement with You to anyone else at any time. You cannot transfer or try to transfer Your Services Agreement with GN or Your Product Agreement with NC or a Third Party or any benefit under those agreements or the Products to anyone else without the prior written agreement of GN and NC or the Third Party (as the case may be). You must not sell Your number, code, Security Details and any associated number or agree to transfer them to anyone else without the written consent of both GN and NC.

9.2 If Your SIM Card is stolen, damaged, destroyed or lost or if You think that Your Account may have been compromised (meaning that it is being misused by another person without Your permission) (together a "Loss or Fraud") please contact the Helpdesk immediately. In these circumstances GN does not have any obligation to give You any refund for any Top-ups You have made and which have not been used nor for any NC-issued Top-up Vouchers and NC does not have any obligation to give You any refund of the amount paid for Products. You will be responsible for all Charges which have been incurred by You both before and after You have notified a Loss or Fraud to the Helpdesk except where those Charges relate to fraudulent use due to GN's negligent act or omission. Following notification of Loss or Fraud GN will endeavour to prevent or minimise further chargeable activities being made on Your Account but GN cannot guarantee that it will be able to stop this.

9.3 If You would like to replace Your SIM Card and re-establish the Services following Loss or Fraud, NC will charge You for the new SIM Card in accordance with its then applicable standard rates for SIM Cards together with its reasonable handling charges. In addition, GN will charge You a re-connection fee (currently £5.00) to re-establish Your Service. These amounts must be paid in full before NC issues the new SIM Card and before GN re-establishes Your Service.

9.4 Failure by any of GN, NC or You to enforce any rights under the Services Agreement between You and GN and under the Product Agreement between You and NC or You and a Third Party shall not prevent GN, NC, a Third Party or You (as the case may be) from taking further action.

9.5 These terms and conditions also apply if You lend or give the Products to someone else or if otherwise allow someone else to access the Services via Your SIM Card or Your Account.

9.6 Except in the case where each of GN and NC have given You their respective written permission to transfer the Services Agreement and the Product Agreement to them, a person who is not a party to those agreements has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of those agreements.

9.7 If any provision of the Services Agreement or the Product Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.

9.8 Section headings are for reference only and do not limit the scope of extent of the sections. Any references to laws or regulations are to such laws or regulations as amended and replaced from time to time.

9.9 These terms and conditions and the Tariffs are the entire agreement between GN and You in relation to the purchase and supply of the Services and these terms and conditions are the entire agreement between NC and You or between You and a Third Party in relation to the purchase and supply of the Products. The Services Agreement between You and GN and the Product Agreement between You and NC or between You and a Third Party supersede all prior arrangements, understandings and agreements between you and GN and NC (as the case may be). Neither You nor GN nor NC nor the Third Party has relied on any representation, arrangement understanding or agreement (whether written or oral) which is not expressly set out in these terms and conditions and the Tariffs.

10. COMPLAINTS & GOV ERNING LAW

10.1 If You have a complaint or a query please contact the Helpdesk. The Helpdesk can be contacted by dialling 325 from the mobile handset or 0845 872 0125 from Your handset or a landline. Alternatively You can contact the Helpdesk by email at help@nomi-mobile.com

10.2 The Agreement is subject to English law and the English Courts have exclusive jurisdiction.

11. DEFINITIONS

The following words should have the following meanings:

Account: the individual account GN sets up for You relating to Your use of and payment for the Services.

Bank Card(s): credit or debit cards accepted by GN from time to time as advised on the Website or via the Helpdesk.

Charges: charges payable by You for the Services provided to You by GN which are calculated in accordance with the applicable Tariffs and Section 4.1 of these terms and conditions.

Group Companies: means GN, NC and their respective subsidiaries, ultimate holding companies and their subsidiaries, as defined in s 736 UK Companies Act 1985 (as amended).

Helpdesk : the GN and NC Customer Care Centre(s). The Helpdesk can be contacted by dialling 325 from the mobile handset or 0845 872 0125 from Your handset or a landline. Alternatively You can contact the Helpdesk by email at help@nomi-mobile.com

Home-talking Services: the landline telephony service provided by GN, giving You indirect access telecommunications services via a landline as further described on the Website and literature provided to You by GN.

Mobile Services: the mobile voice telephony and SMS service (together with voicemail service) provided by GN as further described on the Website and literature provided to You by GN.

Product Agreement: means the agreement entered into between You and NC and / or between you and a Third Party (as the case may be) relating to the purchase and supply of Products.

Product(s): means the SIM Cards and / or the Vouchers.

Regulations: means Consumer Protection (Distance Selling) Regulations 2000.

Security Details: Your individual account PIN, voicemail PIN and any other security codes or information in relation with Your access to and use of Services.

Services: The Mobile Services, the Home-talking Services and such other services as GN may at its discretion make available to You from time to time.

Service Agreement: means the agreement entered into between You and GN relating to the purchase and supply of the Services.

SIM Card: means the NC-issued card or other device containing the Subscriber Identity Module which has been allocated to You by NC or by a Third Party and which contains data which enables You to access the Services.

SIM Card Charge: means the amount charged for a SIM Card by NC (as varied from time to time) as published on the Website and are also available to You via the Helpdesk.

Tariffs: means the price lists and charging structure for the Services and other ancillary charges (as updated and amended from time to time) which are published on the Website, and are also available from the Helpdesk and Third Parties.

Third Party (ies) : means person(s) or entities other than NC who sell, distribute or otherwise make available to You NC Products.

Top-up: a pre-payment into Your Account giving You access to the Services; "Topping-up" the process of making pre-payment to Your Account giving You access to the Services.

Top-up Voucher(s): means vouchers containing PINS issued by NC which can be redeemed with GN for Services.

Website: means the GN and NC website(s) at www.nomi-mobile.com

You: means any customer of GN, NC or a Third Party according to the context and to whom these terms and conditions apply, and it includes a person who NC or GN reasonably believes is acting with Your authority.