TERMS OF SERVICE
Last Updated: July 22, 2019
Thanks for using Nommi!
BEFORE YOU USE THE PRODUCTS AND SERVICES, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY USING THE PRODUCTS AND SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CONTINUE TO USE THE PRODUCTS AND SERVICES. Nommi RESERVES THE RIGHT TO REFUSE PRODUCTS AND SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH POWERWIFI INC. THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).
If you purchased your Product and Services from a reseller or partner who is authorized by Nommi to sell such Equipment (“Authorized Partner”), these T&Cs will still apply as the Agreement between Nommi and you for your applicable use.
Section 1: Products & Services
FAIR USE POLICY: Our goal at Nommi is to provide ultimate connectivity. To ensure we optimize our data network to provide the best speeds to the most number of customers worldwide, we practice an industry standard Fair Use Policy, consistent with most mobile carrier and broadband company policies for mobile data usage. Because our network is a limited resource, customers who take a disproportionately high amount of data may experience reduced network speeds, based on location and service, so that we protect Fair Usage for all. To ensure you have uninterrupted high speed data, we strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming and other online activities that consume large amounts of data.
Section 2: Eligibility to Purchase
While the Products and Services may be used by travelers of any age, Nommi will only allow purchases from adults who are at least 18 years of age. If you are not 18 years of age, you represent that you are at least the age of majority in your respective state or province of residence; or that you are the age of majority in your state or province of residence and you have given Nommi your consent to allow your minor dependents to use the Products and Services.
Section 3: Delivery
When you place an order to purchase, Nommi asks that you inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to receive and that you accept the delivery of the Equipment. Nommi will assume all risk of loss and damage from the delivery of the Equipment from the point of sale to your designated address.
Section 4: Use of Equipment
You agree to use all Equipment in accordance with these T&Ss and provided quick start guide. You further agree that you will NOT do any of the following:
(a) make repairs or modifications, or alter in any way, the Equipment (including but not limited to the swapping of a non-authorized Equipment battery);
(b) remove or alter any certification markers affixed to the Equipment;
(c) use the Equipment for any illegal purpose, including in violation of your jurisdiction (including but not limited to copyright laws).
(d) use the Products and Services or its content:
(e) for any unlawful purpose;
(i) to solicit others to perform or participate in any unlawful acts;
(ii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(iii) to infringe upon or violate Nommi’s intellectual property rights or the intellectual property rights of others;
(iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(v) to submit false or misleading information;
(vi) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Nommi website, other websites, or the internet;
(vii) to collect or track the personal information of others;
(viii) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(ix) for any obscene or immoral purpose; or
(x) to interfere with or circumvent the security features of the Services or any related Nommi website, other websites, or the internet.
(f) use the Equipment to transmit worms or viruses or any code of a destructive nature.
Nommi reserves the right to terminate your use of the Product and Services for violating any of these prohibited uses in this Section 4.
Section 5: Returns
If you would like to return your order within 45 days of of your purchase date, your Equipment must be unused and in the same condition that you received it. It must also be in the original packaging. Once Nommi receives your returned Equipment, you'll receive confirmation from the Nommi customer support team and your refund will be processed through your original method of payment within fourteen 14 business days. To ask any questions about return instructions please kindly reach out to the Nommi customer support team at firstname.lastname@example.org. You will be responsible for return shipping costs and must include trackable shipping service.
Section 6: Fees & Charges
Purchase Charges. The use of purchased Equipment data may be assessed using 24 hour day passes (“data packages”) for up to 10 devices, when you click start and confirm on your Nommi hotspot screen.
Data plans also only available for Purchased Nommi hotspots (“Data”). Data plans for purchased Nommi hotspots will be allotted a total of 200mb/ 300 mb/ 500 mb/ 1GB / Unlimited full speed data per day. If you consume 200mb/ 300 mb/ 500 mb/ 1GB/ Unlimited before the end of the day, you DON’T have the option purchasing additional data packages ( you need to wait 24 hours).
Current fees for data packages, plans, and other Products and Services are posted on our website and may be amended without prior notice. Data plans can be refunded in 2 months after buying Data plans, 5% of Data plans price will be holded. If you will forget to refund package in 2 months, Nommi will automatically refund data package. Please note that Nommi does not apply any credit for a partial billing date; all partial days will be treated as full days for billing purposes.
To place any purchase order on our Equipment, you may purchase on our online store, as hosted by Shopify Inc. (“Shopify”). Nommi requires a credit card or PayPal account for all applicable charges. The credit card or PayPal account details will be kept on file in the event that other Service Charges need to be placed. Purchases may also be made, including but not limited to, on Amazon.com and other marketplaces, which will be governed by the respective T&Ss of each marketplace.
(b) Service Charges. Usage charges must be pre-paid according to the current airtime and data rate schedule for data packages and Plans, as posted on Nommi’s website. In some cases, charges from enterprises may be post-paid if agreed in a signed writing in advance by both Nommi and the enterprise.
(c) Cancellation. You can cancel your account or data packages anytime you want, there is no cancellation fee. Upon cancellation of your account, you will forfeit all data packages in the account. No refund for unused data packages is allowed. If you used the data package - no money will be paid back.
Duty / Tax Charges / VAT.
Depending on the country of where your purchase transaction is taking place, you may be subject to Duty / Tax / VAT Charges in which case you will be responsible for these charges.
Section 7: Ownership of Equipment
By purchasing the Equipment or Nommi hotspot, you will obtain property rights as to the specific Equipment for your personal use and not for resale or distribution.
Section 8: Nommi’s Limited Warranty
One (1) Year Limited Warranty. Nommi will exchange or repair any units or parts that are defective within one-year of when you purchased your Equipment. Please contact email@example.com so Nommi may assess any Product or Equipment issues to help resolve. It is your obligation to notify Nommi immediately in the event that you experience any problem with your Equipment. In case the law in the locale in which the Nommi hotspot was purchased by an authorized Nommi dealer required a warranty longer than one year, the warranty shall equal the minimum required by law.
The Limited Warranty does not apply to any: (a) Damage due to acts of nature or God, for example, lightning strikes, tornadoes flood, fire, earthquake or other external causes; (b) Negligence; (c) Commercial use; (d) Alterations or modifications to any part of the Product; (e) Damage caused by use with non-Nommi products; (f) Damage caused by accident, abuse, or misuse; (g) Damage caused by operating the Product outside the permitted or intended uses described by Nommi or with improper voltage or power supply; (h) Damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Nommi or (i) failure to follow instructions relating to the Product's usage.
Not Covered Under the Limited Warranty:
Products without sufficient proof of purchase
Lost or stolen products
Items that have expired their warranty period
Repairs through 3rd parties
Damage from outside sources
Damage from misuse of products (including, but not limited to: falls, extreme temperatures, water, operating devices improperly)
Purchases from unauthorized resellers
Section 9: Disclaimer of Warranties
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8 ABOVE, NOMMI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS AGREEMENT. NOMMI CANNOT WARRANT ITS PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THAT YOU ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. NOMMI CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY PRODUCTS OR SERVICES. NOMMI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES, AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSED THROUGH ITS PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY PRODUCTS OR SERVICES.
While Nommi will delete all personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS T&CS AS THE EQUIPMENT IS NOT INTENDED FOR ANY STORAGE OR USE, INCLUDING BUT NOT LIMITED TO STORING PERSONAL INFORMATION AND DATA.
Section 10: Consequential Damages; Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER NOMMI NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT Nommi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Nommi AGREES THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Nommi’s total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under these T&Cs. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
Section 11: Indemnification
By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Nommi, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these Terms; (b) any dispute between you and any third party product, service, or site, which you engaged through the Products and Services; and (c) which arise or result from any unauthorized or illegal use or distribution of the Product and Services.
Section 12: Miscellaneous
Nommi reserves the right to discontinue the Products and Services or terminate and/or amend these Terms from time to time at Nommi’s sole discretion. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 6-9, 12-16 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Agreement without Nommi’s prior written consent. You agree that Nommi may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of Nommi’s business. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
Section 13: Third Party Products and Services; User Content
By using the Products and Services, you may receive promotional messages regarding Products and Services Nommi offers, as well as other third party products, services, and advertisements. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Any user content you provide us will be at your discretion and with your consent. You understand that your user content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and payment information is always encrypted during transfer over networks.
THIRD PARTY PRODUCTS AND SERVICES
Certain content, products and services available via the Products and Services may include materials from third parties. Third party links on Nommi’s website may direct you to third party sites that are not affiliated with Nommi. Nommi does not warrant and will not have any liability or responsibility for any third party content, or for any other materials, websites, products, or services of such third parties. Nommi is not liable for any harm or damages related to any other transactions in connection with such third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Nommi may edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you knowingly forwarded and consented to use by Nommi. In addition, you agree that Nommi may use your name and logo (whether or not you have made it available through the Products and Services) for the purpose of identifying you as an existing or past customer of Nommi both on the Products and Services and in marketing, advertising and promotional materials.
Nommi is under no obligation (1) to maintain such comments in confidence; (2) to pay compensation for such comments; or (3) to respond to such comments. Nommi may monitor and remove content that Nommi determines (in its sole discretion) to be unauthorized, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Nommi or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Nommi takes no responsibility and assumes no liability for any comments posted by you or any third party.
Section 14: Promotions
From time to time, promotions may be offered by Nommi. Some trial promotions may require return labels to be downloaded from our website. Promotions are limited to one trial per email address or shipping address and any device accessory losses may apply.
Certain promotional codes must be used at time of purchase and cannot be exchanged for credit on previous purchases. Such discounts for purchases are applied to data packages or Plans only. If applicable, enter the discount code in the indicated text field of the checkout order page, and hit "Apply." The discount will be visible immediately in the order summary.
Section 15: Force Majeure
In the event Nommi fails to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond Nommi’s control, such failure shall not be deemed to be a breach of this Agreement, provided that Nommi notifies you of the existence and nature of the reason for the non performance and delay, and Nommi resumes performance immediately upon the conclusion of the relevant force majeure.
Section 16: Governing Law; Dispute Resolution and Arbitration
Let's Try To Sort Things Out First.
Please contact firstname.lastname@example.org to try to resolve any dispute. If a dispute is not resolved within 60 days of submission, you or Nommi may proceed to formal dispute resolution.
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH A COURT ACTION.
You agree that any and all disputes (other than those described in the “Exceptions to Agreement to Arbitrate” section below) relating to your purchase or use of any Product and/or Nommi service, or the use by any of your Nommi contacts of any alert issued from your Product and/or through any Nommi service, shall be subject to and settled exclusively by arbitration. Unless you and Nommi agree otherwise, the arbitration will take place in the City and County of Delaware, USA. In the event this arbitration provision is contested by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, you and Nommi specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and Nommi, any such lawsuit will be tried before a judge and not a jury. Further, you and Nommi agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in the City and County of Delaware, USA. Both you and Nommi consent to venue and personal jurisdiction there, and service of process through first-class or overnight mail.
Regardless of any statute or law to the contrary, YOU AGREE AND UNDERSTAND THAT any claim or cause of action arising out of or related to your use of any Product or Nommi services must be filed within one year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
EXCEPTIONS TO AGREEMENT TO ARBITRATE
Notwithstanding the above Arbitration provision, either you or Nommi may assert claims, if they qualify, in small claims court located in the City and County of Delaware, USA, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the any Product or Nommi services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.
LEGAL ADDRESS NOTICE:
Attn: Powerwifi, Inc. LEGAL
Delaware, 2035 sunset lake road, suite B-2,
in the city of Newark, zip code 19702, county New Castle, USA