Terms & Conditions

The following terms and condition apply to your customer relationship with Noodle-oodles who provide the services described on this website.

This sets out the terms on which noodle-oodles.com will provide global and national mobile telecommunications services (the "Services") to you, the customer with whom we make this contract ("you"). By using 'noodle-oodles.com you agree to the following terms and conditions:

1. Definitions and Scope of Agreement

1. Definitions

* "Agreement" means this agreement incorporating your application details which you have provided to us, these terms and conditions and the current Noodle Privacy Policy;

* "Airtime Charges" means wireless airtime and network capacity procured from the Network Operator.

* "AIT" means Artificially Inflated Traffic and occurs where the flow of calls to any particular revenue share service is, as a result of any activity on or on behalf of the party operating that revenue share service, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the network.

* "Charges" means all the charges described in the Noodle Price List, including but not limited to the Monthly Recurring Charge;

* "Credit" means the amounts credited to your account for calls or other additions to your account for sums owed to you by Noodle. Credits for the Noodle-oodles services do not include VAT.

* "Customer" means a natural person age 16 or older that uses either Noodle-oodles or Mobile Phone Services provided by Noodle.

* "End-User Licensed Software" means any software, the licence terms for which are governed by a separate agreement with the licensor of such software typically by means of a "click- wrap" or "shrink-wrap" licence agreement;

* "Mobile Phone" means a mobile telephone or other device for use on the Network which incorporates a SIM Card;

* "Mobile Phone Service" means access provided to you via our SIM Card for monthly user access to the Network including airtime service enabling you to make or receive calls and to send and receive data by means of the Network;

* "Monthly Recurring Charge" means the charge for mobile phone service provided by Noodle to you at a flat monthly rate, VAT will be charged in addition to this rate.

* "Network" means the telecommunication system run or used by us for your calls;

* "Noodle" means Noodle Telecom Ltd. Registration Number 03973281.

* "Noodle Number" means the number issued by Noodle for the purpose of making and receiving calls using the Noodle-oodles Service.

* "Noodle-oodles Service" means the services provided by Noodle for airtime and long distance access un-related to Noodle Mobile Phone Services. Customers earn cash or credits for future airtime by using and recommending the Noodle-oodles Service.

* "Noodle Price List" means a list of current Charges containing explanations, notes, descriptions of, and conditions for use of the Service which we publish and update from time to time at www.noodle-oodles.co.uk

* "Rights" means copyright, trademark and other relevant proprietary and intellectual property rights;

* "Service" means any or all of the following services: the Mobile Phone Services, Noodle-oodles Service and any Additional Services we agree to provide to you;

* "SIM Card" (Subscriber Identity Module) means the card which you need to use the Mobile Phone Service. The SIM card is network specific, sits within the Mobile Phone and allows the user access to the Network;

* "Termination Notice" means written notice to terminate this Agreement;

* "User Guides" mean any guides or documentation supplied with your Mobile Phone either by us or by the manufacturer of your Mobile Phone which explains to you how the Service works and how to use your Mobile Phone;

* "WAP Services" means services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld devices such as a Mobile Phone);

* "Web Services" means services provided from our Website www.Noodle.co.uk and any additional websites linked from our Website;

* "We", "us" and "our" means Noodle Telecom Ltd.

* "You" and "your" means the Customer a natural person, with whom we make this Agreement.

2. The Scope of this Agreement is for the provision of all products and Services offered by Noodle from time to time. All services, offers and promotions are subject to additional terms and conditions advertised on our website www.Noodle.co.uk and/or in our marketing literature. Please check our site regularly as these terms are updated from time to time.

2. Provision of and Use of the Services

1. All orders for Services are subject to acceptance by Noodle in its sole discretion. To order either Mobile Phone Service or Noodle-oodles you must call Noodle Customer Service at 07700090000, 0870 1 75 76 78 to apply. Noodle will either accept or reject your application based on the information you give Noodle Customer Service. Upon acceptance, we will provide you with a date when your SIM Card or Noodle-oodles Services will be activated. Acceptance of your application by Noodle is within Noodle's sole discretion and Noodle will not be liable for refusal to provide Services to you.

2. The Services may not be available in all parts of the United Kingdom or in any other countries and may be restricted to certain areas within those countries where access to the Airtime Service is possible. Some carriers may not provide access to Noodle Oodles numbers. Contact your carrier to see if Noodle Oodles is available to you.

3. If you wish to make international calls we may ask you to demonstrate a satisfactory billing history or to pay a deposit which may be used to offset the cost of those calls. Unless otherwise stated, if you use your Mobile Phone abroad you will be charged for incoming calls. Roaming calls may also take longer to be billed.

4. Service is not fault free and it may be impaired by, geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.

5. We will do our best to provide Service to you or if you instruct us to change your Service by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control.

6. As required by law, we and/or corresponding carriers will retain call data for each call you make/receive. We do not record or monitor the content of calls between calling and called parties, however, we or our agents may record or monitor some telephone calls, emails and any other communications between you and us (or our agents) for training and quality control and our lawful business purposes.

7. For Mobile Phone Service, we will allocate a number for use of your Mobile Phone on the Network. The phone number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request.

8. Noodle reserves the right to add to, substitute, or to discontinue any Services at any time. Noodle does not guarantee the continuing availability of the Services or any particular Additional Services.

9. Noodle does not provide Premium Services to its Customers at this time and does not provide Roaming Services to its Noodle-oodles Customers.

3. Length of Agreement

1. This Agreement commences upon activation by Noodle and will continue as set forth in clause 3.2 unless terminated earlier in accordance with clause 9 (Termination). By law you are permitted to cancel (without recourse except for airtime charges incurred by you) if you notify us within 7 business days after the date of activation of your Service by calling Noodle Customer Service at 07700090000, 0870 1 75 76 78 or by notifying us in writing at 40 Marsh Wall London E14 9TP (attention: Customer Service).

2. There is a minimum contract for Mobile Phone Services of 6 months from the date of activation of either your Mobile Phone Service or Noodle-oodles account. Thereafter, the agreement will continue from month to month until terminated upon one month's notice given on or before the 1st of the month prior to the month you wish to terminate services. You can terminate the Agreement by calling Noodle Customer Service at 07700090000, 0870 1 75 76 78, or by notifying us in writing sent to the address in clause 17.3 Noodle Contact Information.

4. Things we may have to do

We may have to:

1. temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security or if your phone has been lost or stolen;

2. suspend or terminate the Service (or any part of it) if we suspect that you have engaged in any of the activities described in clause 7.3 (a) through (f) or clause 9.1.

3. bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss; or

4. from time to time we may have to migrate your Account from one billing platform to another. In these circumstances we will notify you if migration of your Account will affect the Service in any way.

5. Charges for SIM Card Mobile Phone Services

1. Charges for SIM Card Services incurred for periods of less than a month will be calculated as a full month and the full Monthly Recurring Charge will apply.

2. Any SIM Card we supply to you remains our property but it is your responsibility to keep it safe. SIM Cards are easily damaged and should be handled with care. We will replace any SIM Card found to be defective by reason of faulty workmanship or design free of charge but may charge for replacing or renewing a SIM Card in any other circumstances. We reserve the right to recall any SIM Card from you at any time to enhance or maintain the quality of the Services. You must inform us immediately in the event that a SIM Card is damaged. We will send you a replacement SIM Card as soon as reasonably practicable but we reserve the right to charge you for doing so. The software in the SIM is licensed to Noodle which grants you a non-exclusive licence to use it for accessing the Services and for no other purpose.

3. You can pay Monthly Recurring Charges and Airtime Charges for the Mobile Phone Services by direct debit or approved credit card (collectively "payment cards") or by pre-pay. If you are paying by payment card you must authorise the payment card company to disclose to us and, under strict obligations of confidentiality, disclose to our sub-contractors and agents, details about your payment card account in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time. Noodle has the right to charge you the fees incurred as a result of a Payment Card being dishonoured by the issuer or for cancelled Payment cards.

4. The Monthly Recurring Charges, Airtime Charges and other charges for Mobile Phone Service You incur will be included as a single item on your phone bill and includes VAT and any other taxes as applicable. You agree to pay the Charges in full without any right of deduction or set off. Noodle does have the right to set off against credits to your Noodle account for airtime useage if your account is delinquent or remains unpaid for any reason.

5. We will monitor usage of the Mobile Phone Services via your account for the purpose of controlling our limit to credit exposure and your exposure to fraudulent usage. If usage on your account gives us cause for concern we will attempt to contact you by text message or by calling you and may suspend your Service until your bill is satisfied and/or we have an adequate deposit from you to cover future billing amounts. You will need to contact us before you can use any of the chargeable aspects of the Service if your account is delinquent. You may be required to make an interim payment before Service can be reinstated.

6. We may require you to provide us with a deposit as a condition of providing Mobile Phone Services to you or continuing to provide Service to you. We will hold this deposit until you have paid all sums due to us from you under this Agreement. No interest is payable on any deposit held by us. We will return the deposit or any balance on the deposit as a service credit if there are any sums due to us from you, on termination of this Agreement.

7. You are liable for all Charges arising under this Agreement whether incurred by you or anyone else using your phone (with or without your knowledge). If you believe that someone else has used the service without your permission or if your mobile phone is stolen, you should notify us at once.

8. All charges for Mobile Phone Services will be billed in accordance with applicable tariffs, rules, regulations and charges at the time the Mobile Phone Services are provided. We can change our rates, monthly recurring charges or any other charge at any time without notice. If we increase our rates and you do not wish to continue to use the Mobile Phone Services, you may terminate the Mobile Phone Services and/or this Agreement in accordance with clause 9.2(c).

9. Use of your Noodle Mobile Phone Number will result in credits to your account that can either be credited against your Noodle Account for airtime or other charges to reduce your bill or these credits can be paid to you in cash to your designated bank, building society or PayPal account

10. You will receive credits and/or cash payments based on your usage of airtime which will be credited against your Noodle account. Credits show up in your Noodle account approximately 10 business days after each call is made.

11. At the time your SIM card is activated, you will be sent a text message on your mobile phone immediately. Once you receive the text message on your mobile phone, you can register your details for payment of cash resulting from credits generated by your Mobile Phone Number.

12. Cash payments can be made either to a bank or building society account in your name in the UK or to a valid PayPal account in your name in accordance with your instructions. You will be instructed to log onto http://www.noodle.co.uk or by contacting Noodle Customer Service to register your bank, building society or PayPal account details ("Nominated Account"). Noodle is not affiliated with PayPal in any way and offers this option only as a convenience to you. Noodle shall have no liability for payments made to Customers once Noodle sends your cash to your PayPal account. Credits in your Noodle Customer account must exceed £10.00 in order to be eligible for each payment to the account that you have indicated to receive cash. You can withdraw your Noodle cash through your nominated account.

13. You can use Noodle Credits in several ways: (1) Upon your request, either in writing or through the website, Credits to your Mobile Phone account for calls made with your Mobile Phone will be sent as cash to your Nominated Account 60 days from the date you make/receive a call using your Mobile Phone Number; or (2) Noodle will automatically apply your Credits to your phone bill for Services or International Calls to reduce the amount you owe Noodle; or (3) Credits can be used to buy goods, services and equipment from Noodle through the Noodle website upon your request at the time of purchase or (4) Credits can be used for making additional calls on your computer phone if you have downloaded one from your account area on the Noodle website. A computer phone is a device that can be downloaded from your account area to the hard drive of your computer. Once you have downloaded it, it will work like your mobile, but on your computer. Calls using this Noodle Phone are free to other Noodle users, and can be as low as half a penny if you call another UK landline.

14. Credits that remain unused in your Mobile Phone account after one year or upon termination of your account will no longer be valid. Noodle has the right to use the credits against your account should your account become past due.

15. Noodle has the right to set off against amounts in your Mobile Phone account for cash payments previously made to you in the event that (i) Noodle finds such cash payments were based on fraud or information supplied by you that was untrue or (ii) any contributing network provider used by Noodle to supply the Services or any governmental agency requires repayment of access charges, taxes or other fees.

16. You will receive credit according to the Noodle rate plan shown on the website for every minute someone you recommend makes a call on Noodle. Credits for calls made on the weekends may be reduced and Noodle reserves the right to cancel or alter the credit program upon notice to Customer. Credits for calls do not include VAT.

17. If Noodle determines that calling patterns related to you or people you've referred to Noodle are due to AITs, Noodle may suspend or terminate your Mobile Phone Services and the Mobile Phone Services of persons referred by you, without recourse and Noodle shall be entitled to retain all credits in your Mobile Phone Account.

6. Noodle-Oodles Calling and Credits

1. The Noodle-oodles Service can be obtained by Page: 3 calling Noodle Customer Service at 07700090000, 0870 1 75 76 78 to register for your Noodle-oodles Number. You will receive a text on your mobile phone with an access number ("Noodle-oodles Number") and basic details of how the Noodle-oodles Service works. By signing up with Noodle for the Noodle-oodles Service, you are opening an account with Noodle and you will have access to your account details through the Noodle website. Noodle-oodles Services are available for use with the SIM cards of other carriers only. Failure to use your Noodle-oodles Number within 14 days after activation or failure to use your Noodle-oodles Number in any consecutive 45 day period after the first 14 days have passed, may result in expiration of the number and it will no longer be valid.

2. Calls using the Noodle-oodles Service are made by first inputting the Noodle-oodles Number given to you at the time you sign up for the Noodle-Oodle Service. At the time you sign up, you will be sent a text message on your mobile phone immediately. Once you receive the text message on your mobile phone, you can register your details for payment of cash resulting from credits generated by your Noodle-oodles Number.

3. Cash payments for Noodle-oodles credits can be made either to a bank or building society account in your name in the UK or to a valid PayPal account in your name in accordance with your instructions. You will be instructed to log onto http://www.noodle.co.uk or by contacting Noodle Customer Service to register your bank, building society or PayPal account details ("Nominated Account"). Noodle is not affiliated with PayPal in any way and offers this option only as a convenience to you. Noodle shall have no liability for payments made to Customers once Noodle sends your cash to your PayPal account. Credits in your Noodle Customer account must exceed £10.00 in order to be eligible for each payment to the account that you have indicated to receive cash. You can withdraw your Noodle cash through your Nominated Account.

4. You can use Noodle-oodles Credits in several ways: (1) Upon your request, either in writing or through the website Noodle-oodles Credits to your Noodle-oodles account for calls made with your Noodle-oodles number will be sent as cash to your Nominated Account 60 days from the date you make/receive a call using your Noodle-oodles Number; or (2) Noodle will automatically apply your Noodle-oodles Credits to your phone bill for International Calls to reduce the amount you may owe Noodle; or (3) Noodle-oodles Credits can be used to buy goods, services and equipment from Noodle through the Noodle website at the time of purchase at your request or (4) Noodle-oodles Credits can be used for making additional calls on your computer phone if you have downloaded one from the 'Your Account' area on the Noodle website. A computer phone is a device that can be downloaded from the 'Your Account' area to the hard drive of your computer. Once you have downloaded it, it will work like your mobile, but on your computer. Calls using this Noodle computer phone are free to other Noodle users, and can be as low as half a penny if you call another UK landline, however, charges may vary, so please look on the Noodle website for details or call Noodle Customer Service at 07700090000, 0870 1 75 76 78.

5. Noodle has the right to set off against amounts in your Noodle-oodles account for cash payments previously made to you in the event that (i) Noodle finds such cash payments were based on fraud or information supplied by you that was untrue or (ii) any contributing network provider used by Noodle to supply the Services or any governmental agency requires repayment of access charges, taxes or other fees.

6. Noodle-oodles numbers are mobile numbers, so if your friends and/or family are calling you from a mobile phone and are on a calling plan, it will usually be included in their minute bundles or airtime charges. Your friends and/or family will not incur any charges in addition to their airtime or bundled charges from their own carrier. You are encouraged to provide your friends and family with your Noodle-Oodle Number. When your friends and/or family call the new number, your mobile will ring and you receive credit calculated per minute of use during the duration of the call.

7. You will receive credit according to the Noodle rate plan shown on the website for every minute someone you recommend makes a call on Noodle. No credits will be made to your account for calls made on weekends. Credits for calls do not include VAT.

8. If Noodle determines that calling patterns related to you or people you've referred to Noodle are due to AITs, Noodle may suspend or terminate your Noodle-oodles Services and the Noodle-oodles Services of persons referred by you, without recourse and Noodle shall be entitled to retain all amounts in your Noodle-oodles Account.

9. If persons recommended by you, indicated by the mobile phone numbers you provide to us, do not sign up for Noodle-oodles after 30 days, then we may use the number assigned by Noodle for another Customer.

7. Your Responsibilities

1. You must use the Service in the way described in the User Guides or other instructions issued by us.

2. You agree:

1. to provide us with such information as we reasonably request in connection with this Agreement and that all factual information you provide to us is true and correct in all respects;

2. to inform Noodle Customer Services as soon as possible by telephone or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or if you suspect that your account has been used by unauthorized persons or is used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.

3. You must not use or permit any other person to use the Service:

1. fraudulently, in connection with a criminal offence, in breach of any law or statutory duty and that you do not use the Services in any way or for any purpose prohibited by law;

2. to send a call or message, to take pictures or video or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax in breach of any Rights or privacy or otherwise unlawful;

3. you do not re-supply or resell or otherwise make Services available to any person on an arms-length commercial basis;

4. to cause annoyance, inconvenience or needless anxiety, as set out in the Communications Act 2003;

5. to generate AIT; or

6. via a GSM Gateway so that the Service is provided via the GSM Gateway to third parties.

4. You must tell us immediately by calling Noodle Customer Service or, by advising Noodle at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.

5. You agree that you will use the Services solely for your own use as a consumer and that you will not re-sell or otherwise act as any form of distributor in respect of the Services.

8. Our Rights to Bar or Disconnect Your Mobile Phone Services

1. We can at our discretion stop providing the Services to you and stop your access to our Network if:

1. any of the circumstances in paragraphs 7.3 or 9.1 apply to you; or

2. there is an event of loss or theft or if we have reasonable cause to suspect fraudulent use of our Services; or

3. you are persistently abusive or make threats or otherwise act illegally towards our staff or our property.

2. Disconnection of SIM Cards

1. Noodle can, at its discretion, suspend any SIM Card from making calls (other than to the emergency services) and disconnect any SIM Card from the Mobile Phone Services if Noodle suspects fraudulent use or abuse of the SIM Card or the Device, or if either are identified as being stolen. Noodle will send you notice of the SIM Card disconnection ("Disconnection Notice"). A Disconnection Notice may be given by the Customer in respect of a SIM Card at any time and may be temporary or permanent depending on Noodle's determination as to the possibility of the Customer to cure the problem.

2. Within 30 days from receipt of a Disconnection Notice, Noodle will disconnect the relevant SIM Card or SIM Cards from the Mobile Phone Services. In the event that the Customer provides Noodle with a termination notice to take effect (and resulting in SIM Card disconnections) prior to the expiry of the Minimum Period for the particular SIM Card concerned, the Customer will pay to Noodle any applicable Termination Fee.

3. If a Disconnection Notice is to take effect prior to the expiry of the Minimum Period, you will pay to us the standard Noodle Price List Line Rental Charges (as stated in the Noodle Price List at the date of disconnection for which the SIM Card was billed prior to disconnection) for the period from the date of disconnection of a SIM Card to the end of the Minimum Period in respect of that SIM Card.

3. You must pay an unbarring charge and, if applicable, a re-connection charge if the Service is temporarily barred and/or your Mobile Phone is disconnected from the Network for the reasons stated in paragraphs 8.1 or 8.2. As a condition of unbarring or reconnecting your Service we may require you to authorise a direct debit authority for the payment of Charges.

4. If we bar your Service because you breach this Agreement, the Agreement may end. If the agreement ends as the result of your breach, you must pay all Charges incurred whilst the Agreement is in effect.

9. Ending the Agreement

1. In addition to anything else we can do, we can end the Agreement at any time if:

1. you fail to pay Charges when they are due including any deposit we have asked for;

2. your Payment Card becomes void or expires without replacement, or you breach this Agreement in any other material way;

3. we have reasonable cause to believe that Service is being used in a way forbidden by paragraph 7.3, even if you do not know that the Service is being used in such a way; and you do not correct the situation within 7 days of our request, or

4. you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or if being a company you go into either voluntary or compulsory liquidation or a receiver is appointed over your assets.

5. upon our discretion by giving you 30 days' notice

2. This Agreement or any Service may be ended by you by giving Noodle:

1. 30 days' notice for SIM card and Airtime Services

2. 7 days' notice for termination of Noodle-oodles Service.

3. immediately by calling Customer service at 07700090000, 0870 1 75 76 78 if we increase our rates and you do not wish to continue to use the Services

3. If this Agreement is ended during the Minimum Period, you must pay all Charges incurred during the Agreement and you must pay the monthly subscription charges up to the end of the Minimum Period. This does not apply if you end the Agreement for the reasons in paragraph 9.4.

4. You may end this Agreement by giving us written notice if:

1. we breach this Agreement in any material way and we do not correct the situation within 7 days of receipt of your written request;

2. we go into liquidation or a Receiver is appointed over our assets; or

3. if we increase Charges for Services or change this Agreement to your significant disadvantage, provided you give us a minimum of 30 days written notice (and provided you notify us within one month of our telling you about the changes). This does not apply where the increase or change relates solely to Additional Services in which case you may cancel, or stop using, that Additional Service.

5. In the situations described in 9.4 above paragraph 9.3 will not apply.

10. Conditions for Supply of Services

1. We agree, subject to acceptance by us of an Order, to supply you with the Services requested by you subject to the terms and conditions of this Agreement, and payment of the Charges.

2. Certain elements of the Service are dependent on you having a mobile phone that is compatible with our Network. If you are unable to provide, or fail to use a mobile phone that is compatible with our Network, then:

1. some of the Services may not function correctly ("the Affected Services");and

2. Noodle reserves the right not to provide you with the Affected Services and shall have no liability for your inability to receive the Affected Services.

3. The Minimum Period applies in respect of each SIM Card. During the Minimum Period, unless otherwise agreed in writing by us you may not change calling plans unless that you originally connected to under this Agreement without our agreement. We can stop providing any Service at any time and can change billing rates for Mobile Phone Services, begin charging for Noodle-oodles or change our credit/cash payment policy at any time. If we increase our rates or charge for Noodle-oodles or reduce our credit/cash policy, you may terminate this Agreement in accordance with clause 9.2(c).

4. You agree that the Services may be dependent upon End-User Licenced Software. Those licence terms shall exclusively comprise your sole rights and remedies in respect of such End-User Licensed Software. If you do not accept the licence terms relating to any End-User Licensed Software, we shall have no liability whatsoever for any failure to provide the Services to you. The End User Licences are available on the Noodle website.

5. Delivery of the SIM card or any End-User Licensed Software to you may be subject to export control law and regulations. Noodle does not represent that any necessary approvals and licences have been obtained or will be granted. You agree to comply with any applicable export or re-export laws, regulations, prohibitions or embargoes of any country, including obtaining written authority from any relevant licensing authority where necessary.

6. Nothing in this Agreement shall create, or be deemed to create, a partnership between the parties.

7. The express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

8. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, alternative terms, proposals, understandings and agreements whether written or oral relating to the subject matter of this Agreement.

9. Each party acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.

10. If any of the provisions of this Agreement is or becomes invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired. In any such circumstances the parties shall negotiate in good faith in order to agree the terms of a mutual satisfactory provision, achieving as nearly as possible the same commercial effect, to be substituted for the provision which is found to be invalid, illegal or unenforceable.

11. The parties will each keep confidential any proprietary information and/or any information obtained from the other in connection with this Agreement (which is reasonably identified by either party as commercially confidential or which is obviously confidential in nature and neither will divulge the same to any third party except such of its employees contractors and agents as may need to know the same for the purposes of the implementation of this Agreement and who agrees to be bound by the provisions of this clause without the consent in writing of the other. All passwords and other access given you as a Noodle Customer are confidential and you agree not to disclose them.

12. The obligations set out in clause 10.11 shall not apply to any material or information which is in the public domain (other than as a result of a breach of this Agreement); or, already known to the receiving party; or, lawfully received from a third party and/or ordered to be disclosed by any court or other tribunal or regulatory authority of competent jurisdiction.

11. Limitation of Liability

1. We have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider or retailer. We do not accept liability for loss of profits or indirect or consequential losses, such as, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into) or any other form of economic loss and you agree to waive any and all claims for these except with regard to death, personal injury, or fraud or claims that cannot be waived under the Consumer Protection Act 1987.

2. Neither party shall be liable to the other in respect of any matter arising out of or in connection with this Agreement in contract or tort or otherwise for any loss (whether direct or indirect) of profit, business, revenue, anticipated savings, goodwill or any loss or corruption of data, or any indirect or consequential loss or damage whatsoever. In addition, you agree that Noodle has no responsibility for the deletion, loss or corruption of any content transmitted or maintained by the Network.

3. Nothing in this Agreement shall exclude or restrict the liability of either party for:

1. death or personal injury resulting from that party's negligence; or

2. fraud or fraudulent misrepresentation

4. Noodle's liability will not exceed: £1,000; except under paragraph 11.3 above for death, personal injury or fraud.

5. Nothing in this Agreement shall exclude or restrict the liability of either party in respect of any liability which cannot be excluded or restricted by law.

6. Each provision of this clause 11 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.

12. Matters beyond our reasonable control

1. Except for the obligations under paragraphs 5, 6, 7, 8, and 9 if either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, epidemics, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, neither party to this agreement will be liable.

13. Changes to the Agreement

1. We may change this Agreement and the Charges at any time. Changes will be posted on our website http://www.Noodle.co.uk Please check this regularly for updates.

2. If we increase the Charges for the elements of the Service you are using or change the terms and conditions of this Agreement to your significant disadvantage (in our reasonable opinion) we will give you 30 days' notice in writing before the changes take place. We will notify you as detailed in clause 14 below or we may notify you by text (SMS) to your Mobile Phone number and/or by email where you have supplied your email address to us for this purpose.

14. Assignment

1. You cannot transfer the Service to anyone else unless we agree in writing.

2. We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it on the same terms to any third party.

15. Notices

1. Except for Notices of Termination under clause 3.2, notices to Noodle under this Agreement must be in writing and delivered by hand or sent by pre-paid post to us at the address to 40 Marsh Wall, London, E14 9TP or on the website at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

2. All notices must include the mobile number and account holder signature or e-mail.

16. General

1. You must tell us promptly in writing, or email us if you change your name and address or there are any changes to your bank account or payment card arrangements which may affect your payment of the Charges or our provision of Credits to you.

2. If you breach this Agreement, and we choose to overlook it, we can still end it if you breach this Agreement again and vice versa.

3. You agree that our Network may allow the display of your Mobile Phone number on receiving handsets unless you notify us otherwise in writing. Please note your number will be disclosed in relation to calls you make to emergency services.

4. If have a complaint you may contact us by telephone by calling the Customer Service number in Clause 17 (Contact Information for Billing, Complaints and General Information ) below or by e-mail or post. Please include your Mobile Phone number in any correspondence. If we do not resolve your complaint, as a consumer, you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk

5. If you report your Mobile Phone to us as lost or stolen we have the right to prevent it from being used on the Network. We may also exchange the Mobile Phone identity with other cellular network operators who may choose to prevent the Mobile Phone from being used on their networks.

6. If you buy a SIM Card from us, your current mobile phone may be latched to another network and you may need to have your phone unlocked by obtaining a code from your current network operator and service provider. The unlocking code is not the same as your PIN code. Failure to enter the correct unlocking code may result in your mobile phone becoming permanently blocked. We accept no responsibility for mobile phones blocked in this way or for any costs incurred in the provision of an unlocking code.

7. Noodle is a telecommunications company that is regulated by OfCom http://www.ofcom.org.uk

8. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms and Conditions and third parties cannot benefit from this Agreement.

9. The following is provided pursuant to the Electronic Commerce (EC Directive) Regulations 2002: Noodle Telecom Ltd. 40 Marsh Wall, E14 9TP; Registration No. 03973281; http://www.noodle.co.uk ; phone 07700090000, 0870 1 75 76 78; email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; VAT Registration No. 760 1833 44

10. This Agreement is governed by the laws of England and Wales and you consent to the jurisdiction of the appropriate courts of England and Wales and further consent to venue in the courts located in or near London.

17. Contact Information for Billing, Complaints and General Information

1. Complaints may be directed to:

Noodle Customer Service
3rd Floor Dean Park House
8 Dean Park Crescent
Bournemouth BH1 1HL
Customer Service: phone 07700090000
0870 1 75 76 78
Hours: 8:00 to 22:00 GMT 7 days a week

In addition, Complaints may be directed to OfCom: http://www.ofcom.org.uk/complain/

2. Billing Inquiries may be directed to:

Noodle Billing Dept
40 Marsh Wall
London E14 9TP
07700090000
0870 1 75 76 78
Hours: 8:00 to 22:00 GMT 7 days a week

3. Cancellation, Termination and all other Inquiries:

Noodle Customer Service
40 Marsh Wall
London E14 9TP
07700090000
0870 1 75 76 78
Hours: 8:00 to 22:00 GMT 7 days a week

18. Use and Disclosure of Information

1. See also the Noodle Privacy Policy http://www.noodle-oodles.com/privacy.php

2. You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks with fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud, we will record this. Details of how you conduct your account may also be disclosed to those agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit related services and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us.

3. Information held about you by credit reference agencies may be linked to records relating to your financial associate(s). For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this clause a "financial associate" is someone with whom you have a financial link, for example, a spouse, partner or family member.

4. You authorise us to use and disclose, in the UK and EU, information about you, your use of the Service including, but not limited to, phone numbers and/or email addresses of calls, texts and other communications ("Communications") made and received by you and the date, duration, time and cost of such Communications, how you conduct your account and the location of your Mobile Phone for the purposes of operating your account and providing you with the Service, for credit control purposes, fraud and crime detection and prevention and the investigation and prevention of civil offences or as required for reasons or national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us. You can obtain further details from our public registration held by the Information Commissioner. If you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you or receive a copy (we will charge a fee) of the information we hold about you, please contact us by writing to the Customer Service at Noodle 40 Marsh Wall London E14 9TP or via e-mail to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , stating your full name, address, account number and Mobile Phone number.

5. Some Services or services provided by third parties may require the disclosure of information about the location of your Mobile Phone. If you do not wish this to be disclosed please contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Please note that by law, we may pass information about the location of your Mobile Phone to emergency services at any time without your consent.