Terms & Conditions
The following Terms and Conditions apply from 6th November 2012.
We know you hate it, we do too, but here's the small print. It covers your use of our mobile service and also our website.
We ask you to accept these Terms and Conditions when you order or activate your SIM Card and your activation of the service means that you accept them.
We'll keep these Terms and Conditions up-to-date at giffgaff.com at the link of the bottom of every page. Please check them regularly since by continuing to use our service after a change will mean that you have accepted the change.
Explanation of Certain Words
1.1. In these Terms and conditions:
means the account which records details of the amount of airtime balance you have, from time to time;
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;
means the community blog webpage on giffgaff.com;
means the optional supplemental service which can be purchased at the same time as goodybag, for use in conjunction with a SIM Card and a BlackBerry mobile device, and which includes BlackBerry Messenger, BlackBerry Push E-mail and BlackBerry Internet (as described in more detail on giffgaff.com);
means a certain Service allowance for use in the UK only (including a goodybag, gigabag and/or Blackberry add-on);
means all the charges associated with the Service described on giffgaff.com;
means the community guidelines as published here;
means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time;
means the community forum webpage on giffgaff.com;
means a bundle including minutes, texts and data for use in conjunction with a giffgaff SIM Card and a mobile phone device;
means a data-only bundle for use in conjunction with a giffgaff SIM Card;
means a device (not designed or adapted to be capable of being used whilst in motion) for wireless telegraphy designed or adapted to be connected by wireless telegraphy to the Network or the cellular telecommunications system of another network operator and used solely for the purpose of sending or receiving messages conveyed by means of the Network or the cellular telecommunications system of another network operator;
"Intellectual Property Rights"
means: (i) any (and any rights subsisting in any) patents, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, moral rights, database rights, know-how and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights;
means the cellular telecommunication system run by Telefónica UK Limited;
means customer involvement, such as referring a friend, voting on business decisions, or answering questions on the customer forum;
means a payback of the points you have earned by getting involved with giffgaff;
means the date specified by giffgaff to make the Payback;
means our acceptance of your application to register with us for the Service once you purchase call time from us. "Register" has a corresponding meaning;
means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data (via, for example, WAP, GPRS or 3G) by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, the ability to access and use the giffgaff blog or forum, and any additional services we agree to provide to you;
means a card or other device provided to you by giffgaff and bearing a unique telephone number programmed to allow a mobile phone to access the Service;
means the SIM Card has been activated online at giffgaff.com. SIM activation is a process that includes creating an account for giffgaff and making your first top-up or goodybag purchase;
"Spread giffgaff SIM"
means a SIM card which has been ordered via another member to qualify for Payback points on activation of that SIM card;
"Terms and Conditions"
means these terms and conditions;
means Services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld devices such as a mobile phone);
means Services provided from our Website and any additional websites linked from our Website;
"We", "us", “giffgaff” and "our"
means giffgaff Limited, 260 Bath Road, Slough, Berkshire, SL1 4DX...
means the customer to whom the terms and conditions apply, and it includes a person who we reasonably believe is acting with your authority;
1.2. giffgaff.com contains explanations, definitions, notes and conditions which form part of these Terms and Conditions.
1.3. All Services, offers and promotions may be subject to supplemental terms as advertised in our marketing literature and as set out on our website giffgaff.com. Please check our site regularly as any such terms may by updated from time to time.
Provision of Service
2.1 The Service is subject to Network coverage and is not available in all parts of the United Kingdom or in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.
2.2. We may using reasonable skill and care exercise our discretion to refuse to provide any part of the Service to you (and this may involve barring certain numbers from the Service on a temporary or permanent basis, in circumstances where it is necessary for us to do so). 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.
2.3. We will do our best to provide Service to you and any additional service requested by you (such as roaming) or if you instruct us to change your Service (e.g. to bar calls) by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control and we will not be liable to you if this is the case.
2.4. The Network may from time to time require upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.
2.5. We or our agents may record or monitor telephone calls between you and us (or our agents) for training, quality control and our lawful business purposes.
2.6. We will use reasonable endeavours to maintain Content but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access to Content that you accept that we will not be liable for any action you take in reliance on Content.
2.7. We may vary Content or the technical specification of Service from time to time.
2.8. giffgaff reserves the right to restrict access to certain services due to age restrictions.
2.9. Occasionally we may need to:
a) alter the number of your mobile phone, or any other name, code or number associated with the Service for reasons beyond our control such as where requested to do so by a governmental authority or regulatory body or where we reasonably believe that the alteration will enhance your use of the Service. If this is the case we will give you reasonable notice;
b) temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for your security;
c) bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer direct loss.
2.10. Maximum call duration is 9 hours.
Your use of the Service
3.1. You must activate your SIM Card within six months of dispatch, otherwise it will be deactivated.
3.2. You may only use Content in a way that does not infringe the Rights of others ('Approved Use') and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of Content for your personal use only.
3.3. You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services, except in the case of negligence on our part.
3.4. You must provide us with a current email address and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
3.5. You may only use a device with an IMEI number associated with it on the Network.
3.6. To access our data Services your mobile device must be data compatible and enabled.
3.7. The ability to send picture messages and text messages or to use mobile internet services requires a compatible handset.
3.8. All usage of your SIM Card must be for your private, personal and non-commercial purposes. You may not use your SIM Card in such a way that adversely impacts the service to other giffgaff customers.
3.9. You may ask us to include your mobile phone number in a telephone directory and/or a directory enquiry service. However, you should be aware that, if you request this service (for which we may charge a fee) your number will be made accessible to companies that compile information for marketing purposes. If you are worried about this, you can prevent it from happening by registering your mobile phone number with the Telephone Preference Service on www.tpsonline.org.uk. If you want your mobile phone number to be included in a directory and/or a directory enquiry service, please contact Member Services.
3.10. Your use of the Services must be for your private, personal and non-commercial purposes. You may not use your SIM Card:
a) in or connected to any other device including modems, dongles and tablet devices, or any other way to connect to a PC (unless you are on a gigabag or a goodybag plan with a limited mobile internet allowance). This includes using your phone as a WiFi hotspot in order to connect multiple devices, and any other form of tethering activity.
b) for any form of automated usage of mobile services;
d) in such a way that adversely impacts the service to other giffgaff customers; or
If giffgaff reasonably suspects you are not acting in accordance with the conditions of this clause, giffgaff reserves the right to impose standard charges, impose network protection controls (which may reduce your speed of transmission), remove a Bundle from your account or block access to the internet at any time, and/or bar or suspend your SIM Card from the Service, having first tried to contact you.
3.11. You agree:
a) and warrant that all factual information you provide to us is correct;
b) that the SIM Card is supplied to you under licence and shall at all times remain our property;
c) to contact giffgaff immediately if your SIM Card is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to cooperate with us in our reasonable security and other checks;
d) to comply with the giffgaff Community Guidelines and terms and conditions relating to use of the giffgaff blog and forum;
e) if your SIM Card is lost, stolen, damaged or destroyed or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account; and
f) you will not use or permit anyone else to use your SIM Card or the Service:
i) fraudulently, or in connection with a criminal offence, in breach of any law or statutory duty;
ii) to make a call or send a message, to take a pictures or video or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;
iii) to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
iv) other than in accordance with acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;
v) to generate AIT;
vi) via a GSM Gateway so that the Service is provided via the GSM Gateway to third parties; or
vii) to persistently send unsolicited communications.
3.12. You must tell us immediately by e-mailing firstname.lastname@example.org, if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service 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.
3.13. If you do not want your number displayed on receiving mobile phones, Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your telephone number on receiving handsets. Please note your number will be disclosed in relation to calls you make to emergency services.
4.1. You can pay for the Service by purchasing airtime credit, a bundle on giffgaff.com or by purchasing a top-up voucher and redeeming it with us or by any other methods approved by us from time to time. giffgaff currently accepts Visa Debit, Visa Credit, Delta, Mastercard, Electron and Maestro cards for payment. By using a credit or debit card you confirm that the credit/debit card being used is yours or you have permission from the card holder to use their card.
4.2. Each time you incur charges, your bundle allowance or credit will be reduced according to the duration and type of call/message or the amount of data used by reference to the Charges.
4.3. Payments by credit or debit card can be in increments at a minimum value as determined by giffgaff and will be credited to your account, subject to our carrying out our usual security checks. We will not have any obligation to make a refund to you where you purchase more call time than you intend, for whatever reason.
4.5. If you wish to stop using the Service at any time, there will be no refund of unused call time.
4.6. You may be charged to receive certain premium rate text messaging services and multimedia messaging services. We will not notify you of charges for premium rate services operated by third parties.
Auto Top-up, recurring bundles and queued bundles
4.7. Auto Top-up up is a recurring payment method that enables you to automatically top up your giffgaff account by an amount that you have previously set (in the increments available) when your balance falls below £3.00.
4.8 A recurring bundle is a recurring payment method that enables you to automatically renew your chosen bundle. Payment for a recurring bundle will be taken at the time that the bundle allowance is activated on your account.
4.9 You can register for Auto Top-up or a recurring bundle by visiting ‘My payment details’ in the ‘My giffgaff' section of giffgaff.com.
4.10 giffgaff will notify you of taking a payment from your account following an Auto Top-Up, recurring bundle purchase, both by email and a text message to your phone.
4.11 If your credit or debit card details change at any time, you must update your payment details on the ‘My Payment Details’ section of giffgaff.com immediately. If you do not do this, Auto Top-Ups or recurring bundles may not work and your balance will not be topped up. Please note that changes will take at least 24 hours to process.
4.12 giffgaff shall not be responsible for any loss or damages incurred as a result of delayed or incorrect top-up, Auto Top-up or recurring bundles payment.
4.13 You may cancel your Auto Top-up or recurring bundle at any time on 24 hours' notice by cancelling your payment on the ‘My Payment Details’ section of giffgaff.com.
4.14 giffgaff will contact you if your card issuer refuses to authorise an Auto Top-up or recurring bundle payment. You may be required to contact your card provider for further information. giffgaff is not responsible for any additional charges which may be imposed on you by your card issuer.
4.15 The information that you have supplied will be used for the purpose of providing you the Auto Top-up or recurring bundle service so that giffgaff and/or its agents can process the payments that you have authorised.
4.16 giffgaff is entitled to suspend or terminate your Auto Top-up or recurring bundle selection at any time for any reason and will give you reasonable notice of this where possible. In the event that you lose your SIM Card or have it stolen, you must report this by logging into the “My giffgaff” section of giffgaff.com and following the instructions in the ‘Lost & Stolen’ section in order to stop your Auto Top-up or recurring bundle payments. Once you have your new SIM Card you will need to re- activate your Auto Top-up or recurring bundle.
4.17 You may only have one active bundle at any given time. If you buy a bundle when another bundle is active, then the new bundle will be queued until the existing bundle expires. This is known as a ‘queued bundle’.
a) You may only queue one bundle at any given time and you cannot queue a bundle if you already have recurring bundles switched on.
b) Queued bundles may be purchased either by using a valid credit or debit card, or by converting your phone credit into a bundle allowance.
c) Payment for a queued bundle will be taken at the time of purchase, not at the time that the bundle allowance is activated on your account.
d) A queued bundle may be cancelled by contacting an agent at any time up until 24 hours before the queued bundle is set to be activated on your account.
4.18 giffgaff reserves the right to withdraw the Auto Top-up and/or recurring goodybag payment service and/or queued goodybags at any time.
The Charges and free giffgaff calls
5.1. The Charges are published on giffgaff.com and include VAT unless otherwise stated.
5.2. Unless otherwise stated, a one minute minimum call Charge will apply to all chargeable calls. All calls are charged in one second increments after the first minute.
5.3. You can make free UK calls, texts, call forwarding and video calls to other giffgaff customers subject to you topping-up or using a credit/debit card to make a goodybag purchase once every 3 months. Such calls are at no extra cost for the first 60 minutes per call, after which the call will be charged using Charges applicable to standard non-giffgaff UK mobile pricing. To re- commence the free minutes, re-dial after 60 minutes.
5.4. We may increase or decrease our Charges at any time (including the introduction of charges for aspects of the Service previously provided at no extra cost). Where we increase the Charges significantly for the elements of the Service you are using we will notify you before the changes become effective. Notification will be via text message and/or email.
Bundles (goodybags, gigabags and BlackBerry add-ons)
6.1 Once you’ve bought a Bundle, we will send you an e-mail and an SMS and update your 'My giffgaff Newsfeed' to confirm the purchase.
6.2 A Bundle lasts for a month, after which the associated allowance expires. This period starts from the moment you successfully make your purchase and the Bundle is allocated to your account. If you have any remaining allowance at the end of the period it will expire and not be rolled-over into the next month.
6.3 Standard Charges will apply where you have used up your Bundle allowance and continue to use the associated Service.
6.4 Roaming pricing applies when the Services to which such Bundles apply are used outside of the UK.
6.5 Inclusive calls and texts are for standard UK mobile numbers or standard UK landlines (starting 01 or 02 or 03) only. Picture or video messages and call forwarding are excluded unless otherwise stated. Calls and text messages to other numbers may be charged at out-of-bundle rates as set out in the Charges.
6.6 If you report your SIM lost or stolen, and have already purchased a Bundle which is currently live, it will not be refundable.
6.7 giffgaff reserves the right to remove or vary the terms of any Bundle. Where we vary the terms of a Bundle you are using to your disadvantage, we will notify you of this by text message.
6.8 If the Distance Selling Regulations apply, you acknowledge and agree that you will not have a right to cancel under the Distance Selling Regulations once your chosen Bundle has been activated. Your statutory rights are unaffected.
Hokey Cokey goodybag
6.9 The Hokey Cokey goodybag provides an allowance of 60 minutes and 300 texts. This goodybag also provides that for every full minute of UK inbound calls received, other than originate from other giffgaff members, you will be credited with a one minute UK call credit. This credit will be applied once the relevant inbound call has been completed. A maximum of 60 minutes call credit can be accrued per inbound call. Accrued call credits will not expire at the end of the monthly Hokey Cokey period and will not roll-over into the next month.
6.11 If you have qualified for free calls, texts, call forwarding and video calls to giffgaff mobiles, making a call to a giffgaff number will not use any of your goodybag allowance.
6.12 Once you have purchased a gigabag you can use the associated SIM Card in all data devices, including tablets, dongles, PCs or other devices that give you the ability to use the Internet. All gigabag usage must be for your private, personal and non-commercial purposes.
6.13 If you exceed your gigabag allowance we will give you a free additional overdraft allowance of 50MB to use up to the expiry of that gigabag’s monthly period. If you exceed your overdraft allowance, further data usage will be charged at 2p per MB until the expiry of that gigabag’s monthly period. We will notify you by text if you are approaching your limit.
6.14 If your gigabag allowance runs out or expires, you can buy a new gigabag. If you have not done so by the expiry of the monthly period which applied to your last gigabag, any data used from the end of that monthly period will be charged at giffgaff's standard out-of-bundle data rate as set out in the Charges.
6.15 The BlackBerry Add-on is only available for purchase at the same time as you buy a goodybag.
6.16 If you buy a Blackberry add-on with a goodybag which does not have a mobile internet allowance, you will still be charged at 20p a MB for data usage other than via the Blackberry Messenger and Blackberry Push E-mail Services which will be free.
6.17 Your BlackBerry Add-on expires at the same time as the accompanying goodybag. Unused allowances expire and are not rolled over to subsequent months.
6.18 If you have an active goodybag and wish to buy a BlackBerry Add-on, you will need to wait for your goodybag to expire before you can do so.
6.19 If you don’t purchase a BlackBerry Add-on, your Blackberry data usage will be charged at the standard out- of-bundle data usage rate as set out in the Charges.
6.20 Roaming on Blackberry is subject to having purchased a BlackBerry Add-on and will be restricted to 10MB per day, which you get for free, when you are roaming.
Promotional offers and competitions
7.1 giffgaff may make certain promotional offers available and run certain competitions from time to time, to which supplemental terms and conditions shall apply, as shall be set out at giffgaff.com.
7.2 giffgaff reserves the right to amend or withdraw promotional offers or competitions at any time.
7.3 No cash alternatives shall be available in respect of promotional offers or competition prizes.
7.4 The promoter of all promotional offers and competitions to which supplemental terms apply is giffgaff (that’s us), 260 Bath Road, Slough, Berkshire, SL1 4DX.
Earning Payback points through Participation
8.1 You can benefit from Paybacks by earning points from certain types of Participation. We will calculate the number of points you have earned and you can convert these into pounds sterling and (i) use the money to apply airtime credit to your giffgaff account; (ii) make a transfer to your PayPal account (where points accumulated is greater than 1,000); or (iii) donate it to the community chosen charity.
8.2 You can start earning Payback points from the date of your SIM Activation. A guide to how Payback points work, can be found here.
8.3 The Payback Dates stipulated by giffgaff can be found on giffgaff.com and are subject to change. It can take up to 15 days for giffgaff to fulfill your Payback.
8.4 Payback points are calculated according to the Payback Dates. To qualify for a Payback you must have an active SIM Card at the Payback Date period end date and have successfully made a connecting call or SMS to any mobile or used mobile internet at least once in the 3 months prior to the Payback period end date.
8.5 You must make your selection before the Payback selection window closes. If you select PayPal transfer, you are responsible for providing us with valid PayPal account details. If these details are invalid and the payment is rejected by PayPal, your points will be rolled over to the next Payback period. Rolled over points will expire if during this next selection window you again don't make a valid selection.
8.6 Different types of Participation activity, and associated points availability shall be determined by us and we may change these from time to time.
8.7 We may suspend or discontinue the Payback model at any time and we would provide notice to you of this on giffgaff.com. You would stop accruing points for Participation but if you are eligible for a Payback before the suspension or discontinuation of the service, we will honour it.
8.9 If you receive Payback, there may be personal tax implications for you, which you will be required to take responsibility for.
8.10 Points or rewards relating to Payback may not be transferred to friends, family members or any other third parties.
8.11 giffgaff's decision as to the value of your Payback is final and no correspondence will be entered into.
Spread giffgaff SIM distribution
9.1 One great way of Participating and earning Payback points is by getting other people to become giffgaff members.
9.2 As long as you comply with these Terms and Conditions, you will earn 500 Payback points for each new qualifying giffgaff member who activates one of the Spread giffgaff SIMs we’ve given you for distribution. The Spread giffgaff SIM shall receive £5 bonus credit on activation.
9.3 Payback points and £5 credits shall only be applied if the following rules are complied with:
a) The recipient must be new to our network and intend to be a regular user of the service on an ongoing basis (we reserve the right to remove points where multiple SIMs have been used in the same device in order to get credit/points benefit, or where the recipient hasn’t used or continued to top-up their SIM.);
b) The individual activating the new account must register their details, including his/her valid email address, correct first and last name and postal address in the 'My giffgaff' section of giffgaff.com;
c) The individual activating the new account must not be banned from giffgaff before the end of the then current Payback period; and
d) The individual activating the new account must activate their Spread giffgaff SIM card either (a) by topping up an amount of £10 or more (such an amount not including their free £5 bonus credit); or (b) by purchasing a gigabag or goodybag with a value in excess of £5.
9.4 You must only use one or more of the following methods to distribute Spread giffgaff SIMs:
a) ordering Spread giffgaff SIMs to be delivered to your home, so you can physically distribute them;
b) sending a Spread giffgaff SIM directly to a known address (it’s your responsibility to make sure you have authorisation to send a SIM to someone else’s address); and/or
c) distributing your own SIM order page through social media or your own website or a site that you control.
9.5 All new members will get an additional £5 bonus credit if they use any of the Spread giffgaff SIM promotion methods described in section 9 of these Terms and Conditions within six weeks (42 days) of activating their own SIM card. The £5 bonus credit will only be applied to the first Spread giffgaff SIM activation that takes place during such six week period. The credit will be applied within 5 working days of the Spread giffgaff SIM activation.
9.6 We provide you with the methods listed above as a way to promote giffgaff but could refuse to award you points if we reasonably consider that you’ve used inappropriate methods of promotion, such as:
a) infringing trademark rights of giffgaff or any third party or otherwise violating the rights of any third party. You may use certain promotional content that giffgaff provides to you. You agree to forward any claims or complaints you may receive in connection with the promotional content to giffgaff immediately, and you also agree to remove it immediately upon giffgaff's request;
b) bidding on giffgaff related terms. You may not bid on search terms or keywords used by any internet search engine or other directory or referral service (e.g. Yahoo Search Marketing, Google, etc.) to return or prompt internet search results, if keyword is, includes, or is confusingly similar to any giffgaff trademark;
c) using sites that include a giffgaff trademark in the domain name. You may include giffgaff as part of a subdirectory (i.e. example.com/giffgaff), or a subdomain (i.e. giffgaff.example.com) but not in the main URL structure (i.e. joingiffgaff.com) Members are not permitted to use 'giffgaff' or 'giff-gaff' or any variation thereof in the primary domain of urls including those under their ownership and/or management e.g. http://www.giffgaff-sim-cards.co.uk/. It is however permissible to use the 'giffgaff' brand within a subset of the primary domain i.e. www.yourdomain.co.uk/giffgaff;
d) impersonating giffgaff. You may not promote giffgaff in a way that you include, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, giffgaff; (ii) is misleading, defamatory, libelous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of giffgaff or any third party; (iv) refers to giffgaff but is used as part of a name of a product or service of a company other than giffgaff; or (v) is used in any other manner inconsistent with these terms and conditions or with any provision of law. We may at our discretion ask you to modify your promotional material or clearly state that your site is not official and to include links to giffgaff.com;
e) using sexually explicit materials or hate/violent/offensive content;
f) promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
g) promoting illegal activities or otherwise violate any applicable laws (this includes SPAM). If you want to send out any emails that advertise or promote giffgaff, you will need giffgaff's approval. Emails or other communications must comply with the Data Protection Act and any other relevant laws, in particular, the Privacy and Electronic Communications Regulations 2003;
i) using fraudulent means to prompt clicks; or
j) anything else which we might consider inappropriate and/or likely to bring giffgaff into disrepute.
9.7 We will keep our right, title and interest in the giffgaff names, logos, trademarks, service marks and copyrights, including those that we may use or develop in the future. Any goodwill resulting from your use of giffgaff's name, logos, trademarks, service marks and copyright will not create any right, title or interest for you as an distributor of SIM Cards.
9.8 You will maintain the quality of your distribution services at a level satisfactory to giffgaff. giffgaff shall at times have the right to review your activities. You are responsible for notifying giffgaff of any problems with your participation in this distribution promotion.
9.9 You confirm that:
a) the promotion of giffgaff does not (i) infringe on giffgaff's or any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable laws or regulations; (iii) contain defamatory or libelous material; (iv) contain lewd, pornographic or obscene material; (vii) contain viruses, Trojan horses, or other similar harmful programmes;
c) you agree to indemnify, defend and hold harmless giffgaff and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) brought by a third party, arising out of a breach, or alleged breach, of any of your representations or obligations.
9.10 giffgaff may terminate this distribution promotion at any time, for any reason and if it notifies you of this you must immediately stop any distribution activity and stop using giffgaff's name, logos, trademarks, service marks or creative work.
10.1 Opinions expressed on giffgaff.com are those of the respective contributing users only. These views do not represent those of giffgaff its management or employees. giffgaff is not responsible for and disclaims all liability for content and comments contributed by users.
10.2 You must not use the Blog or Forum to display any material which is:
a) racist, sexist or homophobic;
b) pornographic, obscene, profane or vulgar;
c) defamatory of any person, entity or organisation;
d) abusive, threatening or otherwise likely to be harmful to those persons likely to use the giffgaff site;
e) in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law;
f) otherwise offensive in the opinion of giffgaff;
g) infringing of the rights (including the intellectual property rights) of any legal or natural person; or
h) related to the conduct of a business other than giffgaff.
10.3 You understand that by posting to a Blog or Forum your post/comment can be traced to your specific user account containing your email address, user name, date and time of sign up and IP address at date and time of posting.
10.4 By posting comments on this Blog or Forum, you agree to allow the content to be re-used or quoted by giffgaff without notification.
10.5 Users sometimes include references to other websites beyond the control of giffgaff. As such giffgaff cannot be held responsible for the content of such websites.
10.6 We will delete advertising posts as the Blog or Forum is not a means for advertisers to promote their websites or products. giffgaff moderators will decide what is acceptable or not on a case by case basis.
10.7 You hereby agree that giffgaff shall exclusively own the Intellectual Property Rights in any posts, material, commentary, ideas that you post on giffgaff.com or any other website run by giffgaff (together the "Posts") and you agree to take all such actions and to execute all such documents, including but not limited to an assignment of all future rights in and to your Intellectual Property Rights, as may be necessary to enable giffgaff to obtain, defend or enforce its rights to use the Intellectual Property Rights in such Posts, and shall not do or fail to do any act which would or might prejudice giffgaff's rights.
10.8 If your Post or any element of it is accepted or implemented by giffgaff, you hereby agree to grant to giffgaff an irrevocable, non-exclusive, perpetual licence to use, copy, install, maintain, modify, enhance and adapt your Intellectual Property Rights in the Post. giffgaff may also assign its licence to use your Intellectual Property Rights in the post (or any part thereof) to any third party to which it may outsource the operation of a part of giffgaff's operations or business provided such third party's use, copying, installation, maintenance, modification, enhancement and adaptation is solely for the purpose of providing a service to giffgaff.
10.9 You agree to waive all or any moral rights which you may have to the Posts.
Our rights to bar or disconnect your SIM Card
11.1 If you do not make or receive a call, SMS or use mobile Internet at least once in any 6 month period your SIM Card will be disconnected and you will lose any remaining credits/balance on your Account. If you wish to be re-connected after this time you will be given a new mobile phone number.
11.2 We may at our discretion bar or disconnect your SIM Card at any time, for reasons including but not limited to if we have reasonable cause to suspect fraudulent use of a credit card/debit card or your SIM Card.
11.3 In addition to anything else we can do, we may bar or disconnect your SIM Card at any time if:
a) you fail to comply with these Terms and Conditions in any material way;
b) you contact us to report that your SIM Card is lost, stolen, damaged or destroyed;
c) if you are abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents;
d) you use or permit any other person to use the Service to generate AIT;
e) you use or permit any other person to use the Service via a GSM Gateway so that the Services are provided via the GSM Gateway to third parties; or
f) if you do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service to other giffgaff customers or may adversely affect the Network; or
g) if we suspect you are not complying with our terms on Spread giffgaff SIM distribution (section 9) or the terms relating to any other type of promotional offer or competition which may arise from time to time (section 7).
11.4 If your SIM Card is disconnected and you wish your SIM Card to be reconnected to the Network, you must contact giffgaff Member Services. If we agree to reconnect you, you may pay a reconnection fee unless the disconnection was due to our negligence. A detail of the current reconnection fee is available on request.
Limitation of Liability
12.1 We have no liability to you other than to exercise the reasonable skill and care of a competent mobile telecommunications provider or retailer.
12.2 If we cannot provide the Service to you because of something beyond our reasonable control, we will not be liable to you for this.
12.3 We do not accept liability for indirect loss, such as loss of profit, loss of 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. Nor shall we be liable to you for any loss of income, business or profits (whether direct or indirect and including loss of revenue) or for any loss of data in connection with your use of the Service.
12.4 You agree that giffgaff has no responsibility for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
12.5 We accept liability for death or personal injury to any person resulting from our own negligence and any other type of liability for which we can not exclude or limit our liability under English law.
12.6 If we are found liable to you, our liability to you under the Terms and Conditions will not exceed £3,000, except if we are found to be liable to you under Clause 11.4.
12.7 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.
Changes to these Terms and Conditions
We reserve the right to change our Terms and Conditions from time to time. We will notify you of any changes to these terms by posting them on our website at giffgaff.com. We may also notify you by messages via the Service (such as voicemail, text or media message), by means of national advertising campaigns or by email.
IMPORTANT: YOUR RIGHT TO CANCEL
14.1 If you are entitled to cancel this Agreement pursuant to the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations"), you may do so at any time up 7 days after placing your order for the Service (subject to the following paragraph) ("Trial Period") provided that you notify us in writing to Member Services of such cancellation within the Trial Period and have not used the Service. We agree to then refund you the price of your first top up that you paid prior to receiving your SIM Card. This does not affect your statutory rights.
14.2 Please note that by using the activated SIM Card will be deemed to have accepted these Terms and Conditions. You agree that the Service may start before the end of the Trial Period. You also agree that once the Service has started with your agreement, you will lose your statutory right of cancellation under the Regulations.
Mobile phone locking
Your mobile phone may be locked to another network. If this is the case, be aware that unlocking your handset my invalidate your handset's warranty and/or permanently damage the handset or the data stored on it, and does not excuse you from any contractual obligations you may have with the original network owner. Please read your network operator terms and conditions. Failure to enter the correct unlocking code may result in your mobile phone becoming permanently blocked. We can accept no responsibility for mobile phones blocked in this way.
16.1 If you use your SIM Card in a mobile phone which enables access to the Internet (“Mobile Internet Phone”) the following terms and conditions also apply to you.
16.2 We or our contractual partners may provide links to web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their content.
16.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet via the Service ('Information') whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.
16.4 Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the Internet, unless explicitly stated by us, are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.
16.5 Access to secure financial transactions will be dependent on the make and model of your Mobile Internet Phone and the third party supplier of Content.
Use and Disclosure of Information
17.1 You authorise us to use and disclose, in the UK and abroad, information about you, your use of the Service (including, but not limited to, phone numbers/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 or as required under law to our associated companies or agents, any telecommunications company, debt collection agency or credit reference agency. You agree that the information may be used by other parties in assessing applications for credit from you and members of your household and for debt tracing, credit management and may be used by us or other parties for crime and fraud detection and prevention.
18.1 If either of us fails to enforce any rights under the Terms and Conditions, it shall not prevent either you or us (as the case may be) from taking action later.
18.2 These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.
How to Contact Us
If you need to contact giffgaff Member Service please visit giffgaff.com and click on Contact Us. If you're unhappy with any part of our service andwant to make a complaint please check our Complaints code of practice.
giffgaff Limited, registered in England and Wales, registered office address: 260 Bath Road, Slough, Berkshire SL1 4DX, UK (company number 4196996)