Terms & Conditions
[Update May 2018]
1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. If you use the Nobel Romania’s web site, www.NobelSMS.com, (the "Site"), you are agreeing to abide by all of the provisions set forth in this Agreement between you and Nobel Romania.
1.2 Nobel Romania (Nobel) is based in Bucharest, Romania. Nobel makes no claims that the Content (see Section 2.1) is appropriate or that it may be downloaded or used outside of the European Union. 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 EU, 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.
1.5 The prices displayed on this website are quoted in EURO. Any payment made with any other currency will be converted, at payer's expense, to the applicable EURO amount before being applied to a purchase.
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 E.U. 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 is not limited to, sms, quick sms, bulk sms, group sms) 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. DELIVERY POLICY
In order to use the services provided herein, firstly, you have to access www.NobelSMS.com. Once the LOGIN web page is displayed you have to enter your e-mail (the email used for registration) and the password given during the registration. After entering the login credentials click on the Sign in button to submit your login, then you will be redirected to your account page. In your account page click on Purchase button in order to access PAYMENTS page where you have to select the MAKE A PAYMENT tab (only credit card and PayPal is allowed). After filling up the form accordingly and submitting the payment, your balance will be updated with the payment that you have made and you will receive an e-mail with a link to www.NobelSMS.com website in order to use our product(s). Usually, it takes a few minutes for the bank to approve the transaction. If your balance won’t be updated in ten minutes after the payment submission, please contact us at: firstname.lastname@example.org. In no event shall Nobel be liable for any consequential, special, indirect, exemplary, or punitive damages resulting from your use of the site and/or our products.
4. COPYRIGHTS AND TRADEMARKS
4.1 Copyright Notice
Copyright 2018 Nobel Romania, Dinu Vintila 11, 3rd Floor, District 2, Bucharest, Romania. 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 and Www.NobelSMS.com are marks of Nobel. 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 party.
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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. NOBEL AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES MAKE NO REPRSENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENTNESS 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 LIABILE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL 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 INCIDENTIAL 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 DISSATISFIED, YOUR SOLE AND EXCLSUIVE 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 INCIDENTIAL 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.
6.5 You agree to hold NobelSMS harmless and indemnify NobelSMS fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from NobelSMS's own gross negligence or fraudulent acts or omissions.
6.6 You further indemnify and hold NobelSMS harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User's Username and password or loss thereof.
6.7 Users agree to hold NobelSMS harmless and indemnify NobelSMS fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from NobelSMS's own gross negligence or fraudulent acts or omissions.
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 MAINTAINANCE AND SERVICE IS OUT OF THE CONTROL OF NOBEL.
ou 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
You are required to have a password and user ID to access portions of our Site.
10.1 You are given a password and a user ID during registration. You can 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. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another person has already claimed. 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 archival purposes.
11.3 Your use of the Software constitutes your acknowledgment that the Software, and any accompanying technical information and documentation, is subject to applicable EU laws and regulations.
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. ARBITRATION & CHOICE OF FORUM
By accepting these Terms and Conditions through use of this website, you agree that, in the event a dispute arises between you and Nobel, the exclusive remedy for the dispute shall be resolution by the competent Courts of Bucharest, Romania.
You and Nobel further agree that each of you may only participate in such proceedings or bring any claim arising out or your transactions with Nobel in an individual capacity, and not as a plaintiff or class member in any purported class or as part of a representative proceeding. You and Nobel further agree that the terms and provisions of this Agreement will be governed by and construed in accordance with the laws of Romania as set forth below. If either your or Nobel attempts to institute a legal proceeding in court to enforce or interpret any arbitration decision, such proceeding must be instituted and maintained in the court of Bucharest. You hereby waive any objections to such jurisdiction in any action arising out of your transactions with Nobel, including any claim involving Nobel's employees, officers, or directors.
14. CHOICE OF LAW
The User Agreement is governed by the laws of Romania.
15. ACCEPTABLE USAGE
15.1 You acknowledge and understand that NobelSMS acts as a conduit for the provision of information and content. You acknowledge that NobelSMS shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on You. You shall observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of You to familiarize with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
15.2 You shall furthermore ensure that all messages, advertising, information and content produced or generated by you for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which NobelSMS itself subscribes and is bound in all territories where messages are sent by, or received from you, including but not limited to the following laws and codes of conduct in the specific territories listed below:
15.2.1 European Union: Regulation (EU) 2016/679 (General Data Protection Regulation), Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC, all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com .
15.3 You shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by NobelSMS or by you of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which NobelSMS shall be entitled to immediately suspend or terminate the provision of Services to You and You shall have no claim of any nature against NobelSMS (including claims for re-imbursement, refund, compensation or damages). You hereby indemnify NobelSMS against any fine imposed on NobelSMS or any damages suffered by NobelSMS as a result of any act or omission that amounts to a breach of any law or code of conduct to which NobelSMS may be subject. Upon notification of any such fine or damages, You agree to immediately pay the amount of such fine or damages to NobelSMS. Any amount not paid to NobelSMS within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.
15.4 You may not use, or knowingly allow others to use, the Services for any purpose that may bring NobelSMS’s name into disrepute, or for any purpose that, in NobelSMS’s sole and absolute discretion, is improper, immoral or undesirable.
15.5 You shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of NobelSMS nor any Network Operator.
15.6 You may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
15.7 In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by NobelSMS in relation to You, then You hereby acknowledge and agree that NobelSMS may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
15.8 You acknowledge and agree that all messages sent may be stored and can be audited and reviewed by NobelSMS or any other person acting on behalf of NobelSMS at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.
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.
18. 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, labour 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.
19. 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 site.
20. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to:
Nobel Romania SRL
Dinu Vintila 11, 3rd Floor, District 2
In the event you have a claim of copyright infringement with respect to Content that is contained in the site, please notify, Nobel Romania SRL, Customer Support, Dinu Vintila 11, 3rd Floor, District 2, Bucharest, Romania or by e-mail at email@example.com.