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Terms & Conditions

giffgaff

The following Terms and Conditions apply from 23 November 2023.

We know you hate it, we do too, but here's the small print.

We ask you to accept these Terms and Conditions when you order your SIM Card and your activation of the Service means that you accept them and any updates we may make from time to time. Offer and Product-specific terms may also apply.

We'll keep these Terms and Conditions up-to-date at giffgaff.com at the link at the bottom of every page. If we make a change, we’ll let you know either by updating the website or getting in touch directly. See ‘Changes to these Terms and Conditions’ for more info.

Here’s a summary of some important terms:

  • If you have a goodybag or pay monthly Plan, your inclusive allowance covers standard mainland UK calls, texts and data and is subject to our Fair Usage Policy. This is so we can make sure everyone can use our network fairly.
  • You can also use your allowance when roaming within the EU and selected destinations for periodic travel, subject to our Fair Usage Policy which explains how much of your allowance can be used in the EU. Special numbers and services (such as roaming charges, international calls, premium rate numbers, non-standard 07 numbers which are used for various automated/scripted or dial-through services and some 08 numbers) are not included. Check giffgaff.com for more details about Charges and our latest rates for out of Plan Charges so you know how much your usage will cost you.
  • We may change the price and/or allowances included in any of our goodybags from time to time, as set out in these Terms and Conditions. We’ll let you know in advance if you’re on a Monthly Rolling Plan or on a pay monthly contract.
  • Our Service isn’t available everywhere in the UK. You can check predicted network coverage in your area by using our Network Service Checker. The Services are not fault-free and the speed and quality of your connection, for example, can be affected by things like the thickness of the walls of the building you’re in, technical issues and the number of members near you trying to access the Services at the same time. We’ll carry out maintenance on the Network from time to time. We use reasonable skill and care in providing you with the Services and will attempt to re-perform disrupted Services when possible.
  • Content on your device can sometimes contain minor defects or bugs, so it’s a good idea to always keep your Content up-to-date.
  • If we believe you’re using the Service fraudulently, illegally, in a way that harms our Network or the experience of others (for example by breaching our Fair Usage Policy), or for business use (amongst other things) we will cancel your Service.
  • To access our 5G services in the UK, you will need to enable 5G services in your giffgaff account settings, have a 5G-enabled device and you may need to enable 5G within the settings on your device and carry out a software update if it does not have the software required to access 5G services.

Contents:

1.Explanation of Certain Words

2. Provision of Service

3. Your use of the Service

4. The Charges

5. Airtime credit and Auto Top-up

6. Plans

7. Earning Payback Points through Participation

8. Our Website

9. Device Orders

10. giffgaff Member lending scheme

11. Internet Access

12. Limitation of Liability

13. Cancellation Rights

14. Mobile phone locking

15. Promotions

16. Changes to these Terms and Conditions

17. Use and Disclosure of Information

18. General

19. How to Contact Us

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1. Explanation of Certain Words

1.1. In these Terms and conditions:

"Account"
means the giffgaff account which records details of the amount of airtime balance you have, from time to time;

"Affiliates"
means members or companies who have officially joined or become attached to giffgaff

"AIT"
means Artificially Inflated Traffic, which occurs where the flow of calls, texts or data, which could be in connection with a revenue share service, is disproportionate to the flow of calls, texts or data that would be expected from good faith commercial practice and usage of the Network;

"Auto Top up"
means a recurring payment method that enables you to automatically top up the credit on your Account by an amount that you have previously selected;

"Blog"
means the community blog webpage on giffgaff.com;

"Charges"
means all the prices associated with the Service as described on giffgaff.com;

"Community Guidelines"
means the guidelines regulating your involvement in the giffgaff community as published here;

"Content"
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;

“EU and selected destinations”
means Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, French Guiana, Germany, Gibraltar, Greece, Guadeloupe, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Martinique, Netherlands, Norway, Poland, Portugal, Reunion Islands, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Vatican City;

"Forum"
means the community forum webpage on giffgaff.com;

"goodybag"
means a PAYG type of Plan including minutes, texts and data;

"GSM Gateway"
means a device (not designed or adapted to be capable of being used whilst in motion) 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;

"Member"
means an individual engaged in the giffgaff community and/or a user of the Service;

"Member Services"
means the agents who support Members in their use of the Service, whose contact details are found on giffgaff.com;

"Monthly Rolling Plan"
means a Plan that has been requested by a Member to auto-renew each time the Member’s existing Plan expires;

"Network"
means the cellular telecommunication system run by Telefónica UK Limited;

"PAC" means Porting Authorisation Code;

"Participation"
means such involvement in giffgaff’s Member community as giffgaff may, from time to time, deem eligible for award of Payback Points, as described in more detail in the Community Guidelines;

"Payback Date"
means the date on which Members receive Payback Points, such date to be specified by giffgaff from time to time;

"Payback Points" means the points you are awarded by us for your Participation;

"Personal Use" means for your own use or the use of your immediate family members;

"Phone"
means a device that is able to make and receive GSM voice and text calls;

"Plan"
means a certain Service allowance for use in conjunction with a SIM Card and a mobile phone device as may change from time to time and as described on giffgaff.com;

"Queued Plan"
means a Plan that has been paid for in advance by a Member, on a one-off basis, to automatically apply on expiry of the Member’s current Plan;

"Rights"
means copyright, trademark and other relevant proprietary and Intellectual Property Rights relating to Content;

"Service(s)"
means any or all of the following services: airtime service enabling you to make or receive calls and to send and receive data (via, for example, WAP, GPRS, 3G, 4G or 5G) 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;

"SIM Activation"
means the process of creating an Account, making your first top-up or Plan purchase and activating a SIM Card either online or via the giffgaff app;

"SIM Card"
means the Subscriber Identification Module (SIM) card made available to you by giffgaff and linked to a unique telephone number programmed to allow a mobile device to access the Service. This could be:

  1. a physical card which you put into your device (if supported) (“physical SIM Card”); or
  2. an electronic version / emulation of the SIM which gets downloaded onto your device (if supported) (“eSIM”);

SIM Swap” means moving your telephone number from an old SIM Card to a new SIM Card;

"Spread giffgaff"
means a type of Participation whereby a New Member orders a SIM Card (excluding eSIM) via another Member, who then qualifies for Payback Points on SIM Activation in respect of that SIM Card;

"STAC" means a Service Termination Authorisation Code;

"Tablet"
means a device that is not able to make and receive GSM voice and text calls;

"Terms and Conditions"
means these terms and conditions;

"We", "us", “giffgaff” and "our"
means giffgaff Limited, 500 Brook Drive, Reading, RG2 6UU 500 Brook Drive, Reading, RG2 6UU; and

"You"
means the Member 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. The Service and any offers, competitions, prize draws, promotions and/or trials made available by us from time to time may be subject to supplemental terms as advertised in our marketing literature and/or as set out on giffgaff.com. Please check giffgaff.com regularly as any such terms may be updated from time to time, and your participation in any such offer, promotion and/or trial will mean you have accepted such terms.

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2. Provision of Service

2.1 We will provide the Service to you, and you will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care. However, the Service is not fault free and we will not be liable to you if it is impaired by geographic, atmospheric, Network traffic or other conditions or circumstances beyond our control, including but not limited to the following:

          • a) The Service is subject to Network coverage and is not available in all parts of the United Kingdom, the EU and selected destinations or in all other countries. See Clauses 2.14 to 2.20 for more information about our 5G network coverage and services; and
          • b) 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.

2.2. We may exercise our discretion, using reasonable skill and care, to refuse to provide any part of the Service to you. 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.

2.3. 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. You accept that we will not be liable for any action you take in reliance on Content as a condition of us allowing you access to such Content.

2.4. giffgaff (or our agents where relevant) reserve the right to:

            • a) Restrict access to certain elements of the Service due to age restrictions; and
            • b) Vary Content and/or the technical specification of Service from time to time.

2.5. 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; and/or
          • b) Temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for your security.

2.6. We will provide you with a SIM Card which shall remain, at all times, our property.

2.7. Maximum call duration is 9 hours.

2.8. Some elements of the Service (including, but not limited to 4G service set-up) may require activation following purchase, which may take up to 24 hours.

2.9. You may only use our services in the EU and selected destinations for periodic travel, like holidays or short breaks. If you’re not genuinely using our services for periodic travel we may have to charge you for, or suspend you from, using our services in the EU and selected destinations.

2.10. The countries covered in the EU and selected destinations may change from time to time and do not include Monaco, Jersey, Guernsey, Isle of Man and Switzerland. Please see our roaming page for details of what countries are included in the EU and selected destinations.

2.11. We may cap your data allowance in the EU and selected destinations. Any use in excess of these caps will be charged at 10p/MB. For data level of cap and rates to be charged see our roaming page.

2.12. Making calls or sending texts to premium rate numbers, directory service numbers and some non-geographic numbers (which can vary over time) aren’t included in allowances with any Plans.

2.13. All use of our services will be subject to our Fair Usage Policy. We may suspend or terminate your access to our services in the event that you breach our Fair Usage Policy.

5G services

2.14 When available, you will be able to access our 5G services in the UK subject to network coverage. Roaming is currently not available with our 5G services. You will need to enable 5G services in your giffgaff account settings, have a 5G-enabled device and you may need to enable 5G within the settings on your device and carry out a software update if it does not have the software required to access 5G services. You're responsible for ensuring you have enabled 5G services in your giffgaff account settings, enabled 5G on your device and installed a 5G software update on your device (if required). You must follow any instructions we send you about accessing our 5G network. Visit 5G on giffgaff. 5G services may be offered on selected Plans, subject to eligibility criteria.

2.15 5G services may be affected by the number of people using the 5G service, maintenance and upgrades, faults from other networks, the weather or other environmental factors.

2.16 You should check our  coverage checker  before enabling our 5G services in your account settings. This is an indication and prediction of outdoor coverage, but Coverage may vary depending on time and location. Data reception and speeds may not be as good indoors or in a car. Radio-based mobile technologies can also be affected by local factors including buildings, trees and even weather conditions. The coverage checker is a guide and does not guarantee signal coverage.

2.17 Once you have access to our 5G services, you will be able to access mobile internet data over our 5G network whenever you are in a 5G coverage area. When in our other mobile data network areas (for example 3G or 4G areas) you will still be able to access non-5G data over these networks as usual.

2.18 When 5G services are available, you can enable 5G on your account by visiting your account settings and selecting to enable 5G.

2.19 Your data allowance (where applicable) will be used for all our different types of mobile data (for example 3G or 4G areas) and will not differentiate between the types of mobile data you are using.

2.20 Prior to 13/10/2021, giffgaff members have been able to access 5G by ordering a 5G enabled SIM Card. These SIM Cards will still work with 5G and don’t require you to enable 5G in your account settings.

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3. Your use of the Service

3.1. You may only use Content in a way that does not infringe the Rights of others 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 in compliance with such instruction. 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.

3.2. 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.

3.3. You must provide us with your current email address and you must 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.

3.4. To use some of our Services, for example mobile internet, data, picture messages and text messages, you will need to ensure your mobile device is compatible and enabled.

3.5. Your use of the Services must be for your private, Personal Use and non-commercial purposes. You may only use a device with an IMEI number associated with it on the Network, you must not change or attempt to change the IMEI number, and you will not use or permit anyone else to use your SIM Card:

          • a) For any form of automated usage of mobile services;
          • b) In such a way that adversely impacts the service to other giffgaff Members;
          • c) Fraudulently, illegally or in breach of any law or statutory duty;
          • d) To make a call or send a message, to take a picture 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;
          • e) To cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
          • f) Other than in accordance with acceptable use policies of any connected Networks and any relevant Internet standards;
          • g) To generate AIT;
          • h) via a GSM Gateway or SIM box so that the Service is provided via the GSM Gateway to third parties; or
          • i) To persistently send unsolicited communications,

and you shall, at all times:

          • j) Ensure the information you have provided to us in Participation or otherwise is accurate and up-to-date; and
          • k) Comply with these Terms and Conditions, our Privacy PolicyFair Usage Policy, community guidelines and any other supplemental terms and conditions which may be set out in marketing material or on giffgaff.com from time to time;
          • l) Ensure any Participation you undertake is done in a manner compliant with all law and regulation, does not generate any serious complaint about you (whether or not it is ultimately proven) and in such a way as to not bring giffgaff into any disrepute;
          • m) Not do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service to other giffgaff Members or may adversely affect the Network; and
          • n) Not be abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards the giffgaff community, our employees, agents or property.

If giffgaff reasonably suspects you are not acting in accordance with the conditions of this clause, and in particular if you are not using the Service for your own Personal Use, giffgaff reserves its right to impose standard Charges and/or Network protection controls (which may reduce your speed of transmission); remove a Plan and/or Payback Points from your account or block access to the Internet at any time; prevent you from purchasing further Plans; remove any free minutes allocated to you; stop your entitlement to Payback Points; and/or bar or suspend your SIM Card from the Service.

3.6. If your SIM Card is lost, stolen, damaged or destroyed or used without your authority, you will contact giffgaff immediately and cooperate with us in our reasonable security and other checks. We reserve the right to bar or suspend your SIM Card where we reasonably suspect it has been lost or stolen. You agree that you will only request a SIM Swap if your SIM Card is lost, stolen, damaged or is no longer compatible with your device. SIM Swaps should only be requested in relation to accounts that are for your own Personal Use.

3.7. You must tell us immediately by emailing datacontroller@giffgaff.co.uk, 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.

3.8. 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 we may allow the display of your telephone number on receiving handsets. Your number will be disclosed in relation to calls you make to emergency services.

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4. The Charges

4.1. In return for your payment of the Charges we will provide you with the applicable Service.

4.2. You can purchase access to the Service in various ways, including via:

          • a) Purchase of one-off airtime credit;
          • b) Setting your Account to Auto Top-up;
          • c) Buying a one-off Plan;
          • d) Setting your Account to apply a Queued Plan;
          • e) Setting your Account to apply Monthly Rolling Plans; and/or
          • f) Setting up a pay monthly contract.

4.3. You can pay the Charges using a giffgaff-approved top-up voucher, PayPal or debit or credit card that giffgaff accepts. By using PayPal or debit or credit card you confirm it is yours or you have permission from the account holder or cardholder to use it. New members that carry out SIM Activation in respect of an eSIM may not use a voucher to purchase their initial Plan unless SIM Activation is following a SIM Swap.

4.4. You can make free UK calls, texts, call forwarding and video calls to other Members subject to you topping-up or purchasing a Plan using a credit/debit card or voucher once every 3 months (i.e. a Plan purchase made using airtime credit does not qualify). 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. Please note that if topping up or purchasing a Plan (using a credit/debit card or voucher once every 3 months) takes place whilst a call is in progress, free UK calls, texts, call forwarding and video calls to other Members will only start from the next call you make.

4.5. We may increase or decrease the Charges at any time (including the introduction of prices 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 by email and/or text.

4.6. If you pay for a Service by way of Auto Top up, Queued Plan, Monthly Rolling Plan or pay monthly contract you must ensure your PayPal, debit or credit card details on your Account are kept up to date at least 24 hours in advance of application of any attempted top-up or new Plan. You can cancel any of these options (and obtain a refund in respect of a pre-paid queued Plan) by requesting cancellation at least 24 hours prior to its application, on your account at giffgaff.com.

4.7. It is your responsibility to ensure your PayPal, debit or credit card account has sufficient funds to pay for the Charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.

4.8. We reserve the right to block or bar your SIM Card if we have reasonable cause to suspect fraudulent use of a PayPal account, credit or debit card.

4.9. We shall have no liability to you in respect of any loss incurred as a result of delayed or incorrect airtime credit top-up, Auto Top-up or Plan payment.

4.10. If you purchase a Plan while actively using your airtime credit top-up for Services, please restart your device to ensure your Plan is used to provide Services to you instead of your airtime credit top-up.

4.11. Refunds can only be processed to a saved, valid debit or credit card. PayPal refunds are available in relation to cancelled orders but can only be processed to the account used for payment and not a different PayPal address. We shall not be liable for any delay to the processing of refunds if you fail to register a valid debit or credit card to your account. We reserve the right to request proof of identification prior to processing a refund if we deem this to be necessary.

When switching to another network services provider, you will only be eligible for a refund of any purchased credit or any unused Plans. Credit purchased using Payback Points earned via Participation (as set out in clause 7.1a) below) is refundable when switching to another provider. We are not obliged to refund credit that we have applied to your account through your participation in our Spread giffgaff and Super recruiter Programmes.

4.12. Roaming pricing applies when your SIM Card is used outside of the UK.

4.13. If your SIM Card is lost or stolen:

          • a) It shall be your responsibility to contact us as soon as possible, and to cancel any auto-renew, Auto Top-up, Queued Plan or Monthly Rolling Plan associated with your Account; and
          • b) We shall have no obligation to refund you in respect of any airtime credit or active Plan on your Account.

4.14. 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.

4.15. 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.

4.16. Charges include VAT unless otherwise stated.

4.17. If a call to a premium rate number is successfully connected but has a very short duration, it may appear in your call records as lasting zero seconds. However, as the call was connected, charges will apply in accordance with the applicable premium rate service charges.

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5. Airtime credit and Auto Top-up

5.1. If you select an Auto Top-up option, payment for the pre-selected top-up credit amount will be taken each time your Account credit balance falls beneath £3.00 and we will then notify you the Auto Top-up has been applied by text and email.

5.2. Where you are using airtime credit, each time you use the Service, your airtime credit will be reduced according to the duration and type of call/message or the amount of data used by reference to the Charges.

5.3. Once credit is applied to your Account, we have no obligation to refund it to you in the absence of any legal or regulatory entitlement.

5.4. We shall be entitled to suspend or terminate your Auto Top-up selection at any time, for any reason, and will give you reasonable notice of this where possible.

5.5. The maximum amount of available top-up credit possible per SIM Card is £350

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6. Plans

6.1. We recommend that you activate all of the Plans which you purchase without delay in order to minimise the likelihood of their terms and/or allowance changing between purchase and activation.

6.2. A Plan lasts for a month, (and, subject to paragraph 6.3 below) starts from the moment you successfully make your purchase (i.e. the day of purchase counts as one full day, regardless of the time of purchase, and is included in the monthly period) and the Plan is allocated to your Account. If you have any remaining Service allowance at the end of this monthly period it will expire and will not be rolled-over into the next month.

6.3. If you purchase a Plan or opt to start a subsequent Plan whilst your voice call is still in progress, the subsequent Plan will not start immediately, in relation to voice services. It may take a couple of minutes for your subsequent Plan to be applied to your Account. You should therefore end any voice call before your Plan purchase to avoid your airtime credit being used to provide voice services to you instead of the newly purchased Plan, i.e. voice services will only be provided from the subsequent Plan from the beginning of the next call that is made after the Plan is applied to your Account. Data services and SMS are unaffected.

6.4 The day you first purchase a Plan is your “Plan initial purchase date” and it will expire at 23.59 the day before the corresponding day next month. If your Plan initial purchase date is on a day not contained in the next month, your Plan will expire on the closest possible day in that month and (if you have a monthly rolling or queued Plan) will start the next day. For example, if you purchase a Plan on 31 January, it will run until 23.59 on 28 February and (if you have a monthly rolling or queued Plan) will start again on 1 March.

6.5. Where you have an active Plan on your Account, each time you use the Service, your Plan allowance will be reduced according to the duration and type of call/message or the amount of data used.

6.6. Standard out-of-Plan Charges apply where you have used up any of your Plan Service allowances and continue to use the associated Service. From time to time, giffgaff may provide functionality to allow you to purchase a new Plan early on selected Goodybags or Plans. If you are eligible and elect to take this option, your existing Plan allowance shall be replaced by a new Plan allowance.

6.7. Plan Service allowances for calls and texts are for standard UK mobile numbers or standard UK landlines (starting 01 or 02 or 03) only. Picture or video messages are excluded unless otherwise stated. Call forwarding to standard UK mobile numbers, standard UK landlines (starting 01 or 02 or 03) and your voicemail is included within your Plan Service allowance. Calls and text messages to other numbers (including non-standard 07 numbers which are used for various automated/scripted or dial-through services) may be charged at out-of-Plan rates as set out in the Charges.

6.8. We reserve the right to remove or vary the terms and/or allowance of any Plan (activated or not) from time to time where reasonably necessary (e.g. to improve the service you receive or to manage our costs). Where we vary the terms and/or allowance of a Plan you are using to your material disadvantage, we will notify you of this by text message and/or email 30 days prior to the change. For queries/complaints go to www.giffgaff.com/support/ask.

6.9. Please note that you will be unable to cancel or claim any refund in respect of a Plan once it has been activated on your Account once the Cooling-Off Period has expired unless you are switching networks and the Plan is unused. Your legal rights are unaffected.

6.10. From your third Plan purchase onwards, for Plans worth £10 or more with a fixed data allowance (i.e. excluding Unlimited Plans), you will receive an extra 1GB of data free once your data allowance has run out.

6.11. To be eligible to buy a Monthly Rolling Plan you need to set your payment method to auto-renew and save a payment card or turn on the auto-renew from credit function on your account. If you choose to auto-renew from credit, you must ensure that you have sufficient credit to cover the cost of your next plan or save an alternative payment method on your account as a back-up payment method to enable your plan to auto-renew. As part of their SIM Activation, a new member can activate their physical SIM Card and buy a Monthly Rolling Plan using a voucher but vouchers will not be accepted for new members carrying out SIM Activation of an eSIM (other than following a SIM Swap) or existing members. Includes UK calls, texts and data. Fair Usage Policy applies.

6.12. Plan allowance details and associated terms can be found on giffgaff.com.

Additional terms in respect of Queued Plans

6.13. Payment for each Queued Plan will be taken at the time of purchase, not at the time the Plan is activated on your Account.

6.14. If you buy a Plan when another Plan is active, and if you have used part of your Plan allowance (as giffgaff may determine) you may have the option of making the new Plan a Queued Bundle, to be applied once the existing Plan period expires. Under certain circumstances, you may also start the new Plan early as outlined in Clause 6.6.

Additional terms in respect of Monthly Rolling Plans

6.15. Payment for each Monthly Rolling Plan will be taken each time a new Plan is activated on your Account, at which point we will notify you such payment has been taken by text and email.

6.16. New members wishing to use PayPal as their payment method in order to renew (instead of a saved credit or debit card or choosing to auto-renew from credit) may do so from their second Monthly Rolling Plan purchase onwards.

6.17. We shall be entitled to suspend, terminate or change your Monthly Rolling Plan selection at any time, for any reason, and will give you reasonable notice of this where possible. Where we are changing your Monthly Rolling Plan selection to your material disadvantage, we will notify you of this by text and/or email.

6.18. You can cancel Monthly Rolling Plans at any time and you will still have the extra data until your Monthly Rolling Plan expires. However, please note that some goodybags can only be purchased if you set your Account to Monthly Rolling Plans.

6.19. If you no longer want to use 5G services, you will need to disable 5G within the settings on your device. You will be responsible for this.

Additional terms in respect of pay monthly contracts

6.20. An 18 month commitment ("Term") is required in relation to our monthly contracts. The Term will commence once you have activated your first Plan. You will need to activate your first Plan within 3 months of purchasing your pay monthly contract. Once you have activated your first Plan, a 14 day Cooling- Off Period will apply during which time you have the right to terminate the contract without incurring an early termination charge by notifying us in writing. Following the Cooling-Off Period, you will not be able to terminate the contract before the end of the Term without incurring an early termination charge.

6.21. Payment for each Plan is collected in advance. To enable us to collect payment each month, you will need to save a valid payment method on your account. You may replace your payment method with an alternative payment method (and select the auto-renew function). You must have a payment method in place at all times even if you have the auto-renew from credit function turned on.

6.22. Purchase of more than one Plan each month will not affect the length of your overall Term.

6.23. If for any reason we are unable to collect a monthly payment, your contract will be frozen and you will not have access to your default Plan. Any use of the Service will be paid for using any credit on your account. We will allow a contract to remain on hold for a maximum period of 3 months before terminating the contract. In such circumstances you will be charged an early termination charge calculated in accordance with 6.25 below. If your contract is put on hold due to non-payment, you may re-activate it by making payment for a Plan.

6.24. We will not change the contents of pay monthly Plans without notifying you in advance and you are free to switch between pay monthly Plans from month to month while still within your 18 month contract without re-setting the term. Any changes to the Plan you have selected must be made prior to the date on which your Plan auto-renews each month.

6.25 If you wish to terminate your contract before the end of the Term, you may do so by notifying us in writing, but you will be charged an early termination charge consisting of 50% of the value of your monthly Plan multiplied by the number of remaining months of the Term following the month in which cancellation is requested. An early termination charge will also be payable if we terminate the Service due to your material breach of our Terms and Conditions or our Fair Usage Policy.

Examples of how early termination charges are calculated

Example 1: You have a monthly Plan valued at £25 (incl.VAT) and you decide to terminate your contract in month 5 of your 18 month Term.

50% of your monthly Plan value is £12.50

The number of months remaining of your Term following the current month is 13.

Your early termination charge is £12.50 x 13 = £162.50

Example 2: You have a monthly Plan valued at £15 (incl.VAT) and you decide to terminate your contract in month 10 of your 18 month Term.

50% of your monthly Plan value is £7.50

The number of months remaining of your Term following the current month is 8.

Your early termination charge is £7.50 x 8 = £60

6.26. At any time, you may request a PAC or STAC code from us and when you use the PAC or STAC code it will immediately end your contract. An early termination charge will be payable if you choose to terminate your contract before the end of your Term unless your statutory rights allow otherwise (see clause 13.3).

6.27 We will contact you towards the end of the Term by email to let you know when your contract will end and to provide other information that we are legally required to provide including details of your current Plan and the Plan that will apply by default at the end of the Term.

6.28 Following the end of the Term of your contract, unless you renew your contract, you will remain on the same Plan and will no longer be able to switch between pay monthly Plans. Early termination charges will no longer apply whilst you are out of contract.

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7. Earning Payback Points through Participation

7.1. If you engage in the giffgaff community through Participation, you may be eligible for Payback Points which can be converted into pounds sterling and:

          • a) Used to buy airtime credit for your Account;
          • b) Where value is at least £10, transferred to your PayPal account; or
          • c) Donated to the giffgaff community’s chosen charities.

7.2. We calculate the Payback Points due to you over certain periods as described on giffgaff.com and as may change from time to time (the “Payback Period”). Following such calculation we shall let you know how many points you have earned and tell you how long you have to decide which of the options described at Clause 7.1 you wish to choose (“Selection Period”).

7.3. We will begin to process Member choices as specified on giffgaff.com and endeavour to complete such processing within 15 days of the end of the Selection Period.

7.4. If you do not notify us how you want to use your Payback Points within the Selection Period, any Payback Points you have accumulated during the last Payback Period shall roll-over into the following Payback Period. Such roll-over only applies once and any Payback Points which have previously rolled over shall be removed from your Account.

7.5 To qualify for Payback Points you must:

          • (a) be aged 16 years or over;
          • (b) have an active SIM Card at the Payback Date; and
          • (c) have successfully made a connecting call, or sent a SMS to any mobile or landline or used mobile internet at least once in the 3 months prior to end of the relevant Payback Period.”

7.6. If you select a PayPal transfer, you are responsible for providing us with valid PayPal account details. If there is a refund generated from the member-side back to giffgaff the full amount will not be rolled over or paid to a different PayPal address.

7.7. We may suspend or discontinue the Payback Points scheme at any time. In this event we will provide notice on giffgaff.com. You would stop accruing Payback Points but if you are eligible for a payback before the suspension or discontinuation of the Payback Points scheme, we will honour it.

7.8. If your Account becomes inactive (through suspension, closure or porting of your mobile telephone number) your Payback Points will be removed. Your right to receive Payback Points is subject to your on-going compliance with these Terms and Conditions.

7.9. You are responsible for any tax implications resulting from your Participation.

7.10. giffgaff's decision as to the value of your Payback is final and no correspondence will be entered into.

Spread giffgaff

7.11. In order to qualify for Payback Points under Spread giffgaff Participation:

          • a) You must ensure SIM Cards you distribute are ordered via your account through the giffgaff website and only activated by an individual eligible to become a giffgaff Member under these Terms and Conditions, who has not previously been a Member and who intends to be a regular user of the Service, complying with these Terms and Conditions on an ongoing basis (the “New Member”);
          • b) The New Member must:
            • i. register their details as required to open a new Account; and
            • ii. not be barred or disconnected by us from using the Service before the end of the then current Payback Period; and
          • c) unless otherwise agreed in writing, you must only have distributed SIM Cards through:
            • i. your own physical distribution;
            • ii. sending a SIM Card directly to a known address in respect of which you have any necessary authorisation required to send such SIM Card; and/or
            • iii. requests made of you through social media or your own website that you control.

7.12. All new Members will get an additional bonus credit. For more information see, promotions.

7.13. We reserve the right to remove or not award Payback Points where:

          • a) you have Participated in Spread giffgaff other than in compliance with Clause 7.11 above;
          • b) multiple SIM Cards have been activated or used in the same device;
          • c) where the New Member hasn’t used or continued to top-up their Account (as we may consider in our sole discretion);
          • d) you have received Payback Points in relation to SIM Cards that have not been activated by bona fide New Members;
          • e) you have used methods of promotion or distribution, or related strategy, that we (in our sole discretion) consider inappropriate, which shall include, but not be limited to:
            • i. infringing or violating trademark or other rights of giffgaff or any third party;
            • ii. using promotional content other than provided to you by giffgaff which we deem inappropriate (and you shall forward any claims or complaints you may receive in connection with any promotional content to giffgaff immediately, and remove it immediately upon giffgaff's request);
            • iii. using sites that include a giffgaff trademark, or the terms ‘giffgaff’, ‘giff-gaff’ or any variation thereof in the main URL structure (i.e. http://www.giffgaff-sim-cards.co.uk/). You may include giffgaff as part of a subdirectory (i.e. example.com/giffgaff), or a subdomain (i.e. giffgaff.example.com);
            • iv. impersonating giffgaff or promoting giffgaff in any way, including, but not limited to, via graphical images, logos, text or 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, libellous, 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.
            • v. using sexually explicit materials or hate/ violent/ offensive content;
            • vi. promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
            • vii. 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 all applicable law including laws relating to data protection and privacy and electronic marketing
            • viii. not clearly stating an online privacy policy to visitors to a site;
            • ix. using fraudulent means to prompt clicks; or
            • x. anything else which we might consider inappropriate and/or likely to bring giffgaff into disrepute.

7.14. 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 a distributor of SIM Cards.

7.15. You will maintain the quality of your distribution services at a level satisfactory to giffgaff and notifying giffgaff of any problems with your participation in this distribution promotion. You shall provide us, on request, with any information we may reasonably require from time to time in connection with your distribution activity.

7.16. You confirm that:

          • a) your 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 rights of publicity or privacy; (ii) violate any applicable laws or regulations; (iii) contain defamatory or libellous material; (iv) contain lewd, pornographic or obscene material; (vii) contain viruses, Trojan horses, or other similar harmful programmes;
          • b) if you are promoting giffgaff using a website, you have and comply with a Privacy Policy that is prominently displayed on your website; and
          • 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.

7.17. giffgaff may terminate the Spread giffgaff scheme 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.

7.18 giffgaff reserves the right to bar you from receiving any future Payback Points if you are found to have been Participating in Spread giffgaff otherwise than in compliance with 7.11 above.

Super Recruiters

7.19. The Super Recruiter Programme (the “Programme") is open to a worldwide audience aged 16 years or over (“Participants”).

7.20. To qualify for the Programme a Participant must recruit 15 or more new Members in their lifetime.

7.21. Participants will start at level 1 (‘Apprentice’) when enrolled onto the Programme. Depending on the number of new Members they recruit ("Recruit(s)") each month they can change between the levels. Levels are calculated monthly based on an average over 3 months. Level 1 (‘Apprentice') is for Participants who recruit up to 14 Recruits in 3 months, Level 2 (‘Expert’) is for Participants who recruit between 15 and 119 Members in 3 months, and Level 3 (‘Master’) is for Participants who recruit 120 or more Members in 3 months. Each level offers different rewards and incentives. Participants can order up to 30 physical SIM Cards per month, but giffgaff may agree to increase that limit, depending on the likely number needed (the allowance is usually only increased for Masters). giffgaff reserves the right to change a Participant’s level and SIM Card allowance for any reason at any time on reasonable notice. giffgaff also reserves the right to change rewards and incentives available within each level at any time.

7.22. Participants will receive monthly ‘Top-up rewards’ in cash via PayPal if their Recruit tops up, either as credit or a goodybag purchase (but not a queued goodybag purchased previously). The Participant will receive a maximum of two monthly rewards per Recruit if the Recruit tops up with a minimum value of £10 on their 2nd and 3rd top up within 120 days of activating their SIM Card. Top-ups on the same day as activation will be ineligible for super recruiter rewards under the Programme. The following will be ineligible for rewards under the Programme:

  • a) Top-ups on the same day as SIM Activation; or 
  • b) top-ups made in respect of an eSIM.

7.23. Any and all undisputed and accrued ‘Top up rewards’ will be paid to Participants as close as possible to day 15 of the month, following the month in which the reward was earned. This means that where, for example, Top up rewards are earned right at the end of the month, Participants would receive payment approximately 15 days later. Where Top up rewards are earned right at the beginning of the month, Participants would receive payment approximately 45 days later. Payments will be paid by PayPal into the account nominated by the Participant for this purpose.

7.24. Participants are responsible for:

          • a) providing giffgaff with correct and up-to-date contact and PayPal account details. If a Participant fails to do so he/she may not receive payment under the Programme. giffgaff accepts no responsibility for such occurrences;
          • b) keeping the details provided in their Account complete and accurate at all times. giffgaff reserves the right to request proof of any Participant’s identity at any time for the purpose of verifying that they are who they say they are and are not involved in fraudulent activity. At the point at which identification data is requested we will confirm to you how long such information will be retained and for what purpose. Click here to view our privacy policy, which provides a full explanation of how Participant and Member information is used by giffgaff. If the Participant fails to respond to this request within the reasonable time period specified, giffgaff may close that Participant’s Account with immediate effect, at which point the Participant will no longer have any rights under these Terms and Conditions, except those rights which cannot be excluded or limited at law (see Clause 12.1);
          • c) ensuring that (i) under no circumstances are Recruits signed up by the Participant directly and without their consent and that (ii) if for any reason, data belonging to Recruits is provided by Participants, this is done only with the relevant Recruit’s prior consent. If it transpires that a Participant is in breach of (i) or (ii) above, giffgaff may close that Participant’s Account with immediate effect, at which point the Participant will no longer have any rights under these Terms and Conditions, except those rights which cannot be excluded or limited at law (see Clause 12.1).
          • d) keeping Account log-in details secure. giffgaff will not be responsible for loss, damage or any other issues arising out of unauthorised access to any Participant’s Account;
          • e) keeping a record of payments made to them. giffgaff is not liable for any loss of payment;
          • f) complying with any additional terms and conditions imposed on them by their nominated PayPal account; and)
          • g) any tax liability in their country of residence incurred as a result of taking part in the Programme.

7.25. Note that a Participant shall forfeit their entitlement to any rewards accrued but not yet paid under the Programme if he/she fails to provide correct PayPal details within ninety days of any reward being earned.

7.26. The standard monthly SIM Card allowance for a Participant, unless otherwise agreed, will be 30 physical SIM Cards. The SIM Cards can be ordered from giffgaff.com Participants should allow approximately 14 days for delivery. SIM Activations must be carried out in the UK and details about how to activate a physical SIM Card can be found here.

7.27. Only SIM Cards ordered from a Participant’s Account through the giffgaff website are capable of qualifying Participants for rewards.

7.28. Participants may use certain promotional content that giffgaff provides to them only for the purpose of finding Recruits (for example, through a Participant-created or third party website ("Participant Websites")). However, Participants must strictly adhere to any and all instructions in respect of the use of such content, including (without limitation) brand guidelines and the giffgaff brand pack available here, which may be issued by giffgaff from time to time and giffgaff may suspend a Participant's use of such promotional content if a Participant does not do so. Participants must forward any claims or complaints they may receive in connection with the promotional content to giffgaff immediately. Participants must also remove such content immediately upon giffgaff’s request and promptly provide evidence of the same.

7.29. Participants may not present or use any content within Participant Websites, including, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that:

          • a) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, giffgaff;
          • b) is misleading, defamatory, libellous, obscene, or otherwise objectionable;
          • c)infringes, derogates, dilutes, or impairs the rights of giffgaff or any third party;
          • d) refers to giffgaff but is used as part of a name of a product or service of a company other than giffgaff; or
          • e) is used in any other manner inconsistent with these Terms and Conditions or with any provision of law.

7.30. Subject to Clause 7.29, giffgaff hereby grants Participants using or running Participant Websites a non-exclusive, royalty-free, revocable, non-transferable, non-sub-licensable licence to use the giffgaff logo and material ("Intellectual Property") (in each case provided or made available to Participants by giffgaff) solely for the purpose of finding Recruits, provided that giffgaff will keep its right, title and interest in its Intellectual Property, including those that it may use or develop in the future. Participants hereby assign any rights in and to any goodwill resulting from Participants' use of giffgaff’s Intellectual Property to giffgaff and agree that this will not create any right, title or interest for the Participant.

7.31. Participants shall not:

          • a) use giffgaff's Intellectual Property in any form other than as provided by giffgaff;
          • b) vary, amend, alter or change in any way (other than sizing) any of giffgaff's Intellectual Property;
          • c) use giffgaff's Intellectual Property other than in accordance with these Terms and Conditions and any other written instructions or directions as may be given by giffgaff from time to time; or
          • d) use giffgaff's Intellectual Property for any purpose other than for finding Recruits.

7.32. The right of Participants to receive payment is subject to their on-going compliance with these Terms and Conditions. giffgaff may, at its sole discretion, suspend or remove a Participant from the Programme at any time and without notice, and withhold or seek reimbursement of, or payment from any Participant in any circumstances which giffgaff reasonably considers to be serious, including but not limited to the following:

          • a) If the Participant has breached these or any other applicable terms and conditions, including but not limited to those relating to giffgaff's Intellectual Property Rights and Participant Websites;
          • b) If giffgaff suspects or has reasonable grounds to believe that the Participant has provided incorrect or misleading information to any Member or to giffgaff;
          • c) If any Member tops up SIM Cards provided by the Participant using a stolen, invalid or expired credit or debit card or giffgaff is required to refund a credit or debit card provider in respect of any SIM Card top ups;
          • d) If giffgaff suspects the Participant or Member is otherwise misusing or interfering in any way with the Programme or the giffgaff Network;
          • e) If giffgaff receives a complaint about a Participant;
          • f) If the Participant has otherwise engaged in conduct which may breach any law or regulation or harm giffgaff’s reputation; or
          • g) If the SIM Cards are not used more than a minimum of five times per top-up to send texts, make calls and use data.

7.33. Any individual’s personal information obtained under this Programme will be used in accordance with giffgaff’s Privacy Policy, which is available at giffgaff.com.

7.34. giffgaff accepts no responsibility for any incorrectly completed, lost or delayed registration applications, notices, acceptances or other documents related to the Programme.

7.35. giffgaff may amend, suspend, withdraw or terminate the Programme at any time and for any reason on at least 30 days’ notice, which will be provided by email to Participants and/or on giffgaff’s website and/or on account. Any rewards genuinely accrued before the date on which the Programme is amended, suspended, withdrawn or terminated as appropriate will be paid as provided by these terms.

7.36. All decisions by giffgaff on matters relating to the Programme are final and no correspondence will be entered into.

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8. Our Website

8.1. Opinions expressed on giffgaff.com are those of the respective contributing users only. Such 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.

8.2. You must not use the Blog or Forum to display any material which is:

          • a) racist, sexist, homophobic, pornographic, obscene, profane, vulgar;
          • b) defamatory of any person, entity or organisation;
          • c) abusive, threatening or otherwise likely to be harmful to those persons likely to use the giffgaff site;
          • d) in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law;
          • e) otherwise offensive in the opinion of giffgaff;
          • f) infringing of the Rights (including the Intellectual Property Rights) of any legal or natural person; or
          • g) related to the conduct of a business other than giffgaff.

8.3. You understand that by posting to a Blog or Forum, your post/comment and/or private message 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. We use automated means to collect information about the members’ activity in the Forum to ensure compliance with these Terms and Conditions and/or as otherwise required by law. Where a member uses the ‘Flag’ option to report a private message or a public post or where we have other reasonable grounds to do so, we review the reported correspondence, which may include photos, videos, graphics and text, for the above purposes. giffgaff reserves the right to take action in line with these Terms and Conditions, including removing content, suspending accounts and reporting cases to law enforcement, where such public or private activity in the Forum is, in giffgaff’s opinion, in breach of these Terms and Conditions, unlawful, objectionable or harmful.

8.4. By posting comments on this Blog or Forum, you agree to allow the content to be re-used or quoted by giffgaff without notification.

8.5. giffgaff members under the age of 18 must seek parental or guardian consent prior to contributing to the blog.

8.6. 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. 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.

8.6. You shall retain exclusive ownership of all Intellectual Property Rights, as may accrue to you by operation of law, in any posts, material, commentary, ideas that you post on giffgaff.com or any other website run by giffgaff (together the "Posts").

8.7. 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, royalty free, licence to use, copy, install, maintain, modify, enhance and adapt your Intellectual Property Rights in the Post (this licence shall survive the termination of these Terms and Conditions). 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.

8.8. giffgaff shall be the exclusive owner of any Intellectual Property Rights which accrue with respect to any modifications, enhancements and/or adaptations which it makes to the Posts.

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9. Device Orders

9.1. This Clause 9 only applies if you have purchased your device from us.

9.2. All devices purchased from us are for personal (non-business) use only and we reserve the right to prevent purchases of multiple devices that we deem to be excessive.

9.3. New members purchasing either a new or ‘like new’ device will be required to purchase a goodybag as part of their handset order. The goodybag is non-refundable without the full return of the device in accordance with our change of mind policy.

9.4. Charges for devices will be detailed on giffgaff.com. The cost will be payable at the time of purchase and can be made either by a full cash payment or spread the cost with a loan (which may also require an upfront cash payment). giffgaff does not provide loans itself but has created an opportunity for you to apply for a loan with a third party finance provider ("Lender") during the checkout process. (see Clause 10 below for more info about loans).

9.5. Any device that we deliver to you is your responsibility. Once you've received it and paid for it, you own the device. This does not affect your rights to carry out any of the actions set out at clause 9.6 below.

9.6. Any returns or refunds in respect of devices purchased from us are subject to our returns policy. You may return a device to us if you change your mind within 21 calendar days from the date of delivery and claim a full refund. If your device has a fault when it arrives you can return it for replacement or a full refund within 30 days from the date of delivery.

9.7. If you are entitled to a refund, we will start to process it when we get the device back from you as outlined in the Return Policy. We will refund you any cash payments you have made in connection with the purchase.

9.8. We'll bear the reasonable postage costs of you returning the device to us with original parts, accessories, free gifts and the original packaging, as long as you follow the instructions set out in our Return Policy. We reserve the right not to accept returns or repairs unless this process has been followed correctly.

9.9. If there is a device fault which develops after 30 days of the device having been delivered to you, then you should book a repair as soon as possible. Your repair could be chargeable if your handset warranty is no longer valid. If another fault has been established on your device, you may be entitled to additional remedies, depending on how long you have had the device for.

9.10. giffgaff only sells unlocked devices, but some manufacturers impose particular requirements as to how a device must be activated in order to function properly, and geographical limitations on where a device can be used. Please check your device packaging and/or user guide for more information.

9.11. We can only deliver to a valid UK address and will deliver within 30 days. There are certain circumstances where your order may be delayed:

          • a) orders placed at the weekend or on a bank holiday will require at least one extra working day for delivery (for most postcodes, orders placed on a Saturday or Sunday will normally be delivered on a Tuesday);
          • b) any unforeseen stock shortages. If this happens, we will notify you of any delay;
          • c) certain remote postcodes will require additional time for delivery; and
          • d) if we cannot obtain immediate security clearance for payment of your order. The security of our Members is paramount so these checks are essential to combat fraudulent use of payment and address details.

9.12. No orders for devices shall be accepted if received from outside the United Kingdom.

9.13. Despite our best efforts, occasionally products in our online shop may be incorrectly priced and therefore we cannot confirm the price of a product until your order is accepted. In addition, details may be updated from time to time and are subject to change. If we discover a pricing error, or there is a change in price before dispatch, we will contact you to reconfirm your order at the correct price. If we are unable to contact you within a reasonable time, we may cancel your order and notify you of such cancellation. Unless otherwise stated, prices are inclusive of VAT where applicable.

9.14. You must ensure that prior to placing an order you have checked all relevant details about the products and/or services you have selected. All products and services advertised are subject to availability.

9.15. The information displayed on giffgaff.com, including prices, does not constitute an offer to enter into a sale agreement and neither we, nor any third parties that offer services via giffgaff.com shall be obliged to accept your orders. If we do, acceptance will be confirmed by email (to the email address supplied by you when the order was placed) and in our dispatching of the Device to you. Where products are sent separately, our acceptance will relate only to those products actually dispatched.

9.16. One-off payment can be made by Mastercard, Visa, or Visa Debit and payment will be taken from you when the order is placed. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

9.17. Only Members can purchase handsets from us.

9.18. If you cancel your order during the change of mind period and return your handset in accordance with our return policy, you will also be entitled to a refund on your goodybag. You will only receive a refund for your goodybag if your SIM Card has not been activated. You do not need to return your SIM Card to us. You will need to contact an agent independently of returning your handset to receive a refund on your goodybag.

9.19. You may purchase devices which have been through a recycling programme which we refer to as 'refurbished' devices. These devices have been tested to ensure that they are fit for purpose and of satisfactory quality so that they are ready for use. These devices are not provided in original packaging but come with a data cable and a SIM key. No other accessories or user guides are included. They include a warranty ranging from 12 to 24 months. Your legal rights won’t be affected if you purchase a recycled device.

9.20. If you purchase your phone on a date which is covered within the giffgaff free phone accessories voucher offer, you will receive a free phone accessories voucher. The voucher code will be emailed to you 15 days after the date of the phone purchase and is valid until the date specified in the T&Cs of the offer.

9.21. Nothing in this Clause 9 affects your statutory rights.

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10. giffgaff Member lending scheme

10.1. This Clause 10 only applies if you have applied for a loan with a Lender when purchasing a device on giffgaff.com.

10.2. In order to take out your loan you will need to enter into a loan agreement with the Lender subject to their terms and conditions. You must contact the Lender if you have any queries or wish to take any action in respect of your loan or information presented about the loans.

10.3. If you apply for a loan, the Lender will perform a credit assessment of the transaction and you. Please check the Lender’s terms and conditions for more information on how they may assess your application.

10.4. If you exercise your right to return your device in accordance with clause 9.6 above, the Lender will refund you any loan payments you have made in connection with the purchase.

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11. Internet Access

11.1. 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.

11.2. 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.

11.3. You understand that you, and not us, are entirely responsible for all the visual, textual or other information that you upload, email or otherwise transmit via Internet access, whether publicly posted or privately transmitted.

11.4. Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the Internet are solely between you and the person with whom you are dealing, unless explicitly stated by us. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.

11.5. 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.

11.6. giffgaff is a signatory to the Open Internet Code of Practice and as such are committed to being open and transparent about any traffic management policies. Please see our Key Facts Indicator for more information.

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12. Limitation of Liability

12.1. Our liability shall not be limited to you in respect of death or personal injury to any person resulting from our own negligence and any other type of liability which we cannot exclude or limit under the laws of England and Wales.

12.2. Subject to Clause 12.1, we have no liability to you:

          • a) other than to exercise the reasonable care and skill of a competent mobile telecommunications provider or retailer;
          • b) if we cannot provide the Service to you because of something beyond our reasonable control;
          • c) for losses that haven’t resulted naturally from our breach or that we couldn’t have foreseen, or loss of profit, loss of business, costs, expenses or any other form of financial loss. Nor shall we be liable to you for any loss of income, business or profits (including loss of revenue) or for any loss of data in connection with your use of the Service; or
          • d) for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless caused by our negligence.

12.3. Subject to Clause 12.1, our liability to you under the Terms and Conditions will not exceed £3,000.

12.4. We will provide you with compensation that you are entitled to in accordance with your legal rights.

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13. Cancellation Rights

Your right to cancel

13.1. Subject to Clause 13.2 below, you are entitled to cancel your purchase at any time up to 14 days after placing your order for the Service (the “Cooling-Off Period”), provided that you cancel in accordance with our Cancellation Policy or notify Member Services in writing. This does not affect your statutory rights.

13.2. Please note that by using your activated SIM Card you will be deemed to have accepted these Terms and Conditions. You agree that the Service may start before the end of the Cooling-Off Period. If you have used airtime credit or Plan prior to cancellation you will not be refunded the used airtime credit or such proportion of the Plan that you have used as calculated by us.

13.3 Subject to and in accordance with clause 16, we may be required to make changes to these Terms and Conditions. In the event the changes we make are not to your exclusive benefit, we shall notify you 30 days in advance of the change and your right to cancel. If you do not accept the changes, you may leave giffgaff without incurring any additional costs before the changes come into effect by giving us notice in accordance with the instructions set out in our notification.

13.4 Your right to cancel without incurring any additional costs will not apply if we make any changes to the Charges, Services, or these Terms and Conditions that are exclusively to your benefit or for the following reasons:

(a) the change is due to a change in law (including a change required by government or a competent regulatory body) that applies to us and/or the Services or products we provide. This includes any increase in the rate of VAT, the imposition of new tax or the extension of an existing tax that has not been previously applied; 

(b) the change is purely administrative and has no negative effect on you; or

(c) we have a legal or regulatory obligation to pass on cost increases (e.g. where the service charge for calling 084, 087, 09 and 118 numbers increases).

Our rights to bar or disconnect your SIM Card

13.5. Your SIM Card will be disconnected unless, at least once every six months, your Account is used to:

          • a) make at least one call, SMS or MMS to another number (not including calls to emergency services or Member Services or 0800 numbers or texts/calls to free rated numbers);
          • b) make at least one connection to the Internet;
          • c) make at least one airtime credit or Plan purchase

13.6. If your SIM Card is disconnected due to inactivity, you will lose any remaining credit or Plan balance on your Account. giffgaff recycles numbers and we will not be able to reconnect once a number is disconnected and recycled. giffgaff may reconnect you if any disconnection was due to our negligence.

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14. Mobile phone locking

Your mobile phone may be locked to another Network. If this is the case, be aware that unlocking your handset may 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. Failure to enter the correct unlocking code may result in your mobile phone becoming permanently blocked. We are not responsible for mobile phones blocked in this way.

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15. Promotions

From time to time we may invite you to take up offers, additional services or promotions. Those offers, additional services, or promotions may have additional terms and conditions. See promotional terms.

16. 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 voicemail, text or media message, by means of national advertising campaigns or by email. Your use of the Service following notification of changes to these Terms and Conditions means that you accept such changes.

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17. Use and Disclosure of Information

17.1. Your information is treated in accordance with our Privacy Policy.

17.2 You authorise us to use and disclose, in the UK and abroad, information about (i) you, your use of the Service (including, but not limited to, phone numbers and email addresses of calls, texts and other communications made and received by you and the date, duration, time and cost of such communications), (ii) how you conduct your account and (iii) 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.

17.3 If you joined us after 25 May 2018, neither we nor third parties will ever send you marketing information unless you have positively consented to our doing so when you registered with us or under the My profile and settings tab of your Account.

17.4 You can change your marketing contact preferences at any time through the contact preferences section of your Account (which can be found in My profile and settings). If you're not a registered Member yet, and you wish to opt-out of communications from us, send an email to removeme@giffgaff.com. Neither we nor third parties will ever send marketing information to Members who are opted out of receiving it.

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18. General

18.1. If either of us fails to enforce our rights under the Terms and Conditions, it shall not prevent either of us from taking action later.

18.2. Each sub-clause in these Terms and Conditions operates separately. If any part is found by a court to be unreasonable or inapplicable the other parts will continue to apply.

18.3. These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

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19. 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 and want to make a complaint please check our complaints code of practice. This includes the latest information on alternative dispute resolution.

giffgaff pioneers

1. What terms apply to the giffgaff pioneers

1.1 giffgaff from time to time may invite certain members to provide insight, feedback and recommendations to help us improve our products and services. The information below tells you how you may participate in giffgaff’s member panel (the “giffgaff Pioneers”). The giffgaff members who are selected for the giffgaff Pioneers, and agree to participate in it, shall each become a “giffgaff Pioneer”.

1.2 In these terms and conditions "we", "us" and "our" refers to giffgaff, and "you" and "your" refers to the giffgaff member who is a giffgaff Pioneer.

1.3 Please read these terms and conditions (the "Terms") carefully before joining the giffgaff Pioneers or contributing to any Activity (as defined in section 3.1 below). Your acceptance to join the giffgaff Pioneers and your continued membership of the giffgaff Pioneers indicates your acceptance of these Terms.

1.4 These Terms should be read in conjunction with our standard terms and conditions and our Community Guidelines, which also apply. If you do not agree with any of the terms, then you should not become a giffgaff Pioneer or end your participation with the giffgaff Pioneers immediately (see section 10).

1.5 In the event of any conflict between these Terms and our standard terms and conditions, our standard terms and conditions shall apply.

2. Privacy

2.1 By registering to be part of the giffgaff Pioneers and using our Sites, you agree to our collection and use of your personal data in accordance with these Terms, our Privacy Policy and our Cookie Policy.

2.2 Where you provide information to us (whether during registration, participation in an Activity, submitting a Contribution or by any other means) you must ensure that the information is accurate and you must not impersonate, imitate or pretend to be someone else. If any information that you provide becomes inaccurate, you must notify us immediately of any inaccuracies.

2.3 Personal data (e.g. your name, address, email address) that you share with us is subject to our Privacy Policy and our Cookie Policy, which form part of these Terms.

2.4 You should be aware that any personal data you submit as a Contribution to the giffgaff Pioneers in a forum viewed by others, for example, on our community page, may become publicly available. We are not responsible for the personal data that you choose to include in such submitted content.

3. Your contributions & other content

3.1 During your time as a giffgaff Pioneer we may ask you from time to time to participate in and contribute towards various activities (together your “Contributions”). These activities may include, but are not limited to:

3.1.1 questionnaires, polls and online surveys;

3.1.2 in-person focus groups;

3.1.3 in-person product testing;

3.1.4 phone calls;

3.1.5 video calls;

3.1.6 peer-to-peer chat communities; and

3.1.7 any other activities, programmes, trials or initiatives provided by us.

(each an “Activity”, together the “Activities”).

3.2 By assisting giffgaff with any of the Activities as a giffgaff Pioneer you acknowledge and agree that:

3.2.1 you are entirely responsible for all Contributions that you submit to us;

3.2.2 we do not have an obligation to review, accept or use any Contributions;

3.2.3 we are under no obligation to select you for participation in any Activities;

3.2.4 we may refuse to post or remove any of your Contributions in our sole discretion;

3.2.5 your Contributions do not contain confidential or proprietary information;

3.2.6 we are not under any obligation of confidentiality (express or implied) with respect to your Contributions;

3.2.7 your Contributions shall not infringe the rights of any third parties, including any intellectual property rights of any third party;

3.2.8 your Contributions to the Activities shall adhere to our Community Guidelines; and

3.2.9 we can use or disclose (or choose not to use or disclose) your Contributions for any purpose, in any way, in any media worldwide.

3.3 By submitting any Contributions to our website (https://www.giffgaff.com/), online forums, third party websites, giffgaff social media and any other applications or platforms that giffgaff may introduce (together the “Sites”), you represent that you own or have the right to use all of the content and information you post. Although you will continue to own these Contributions, when you publish content or information to the Sites, you agree not to use it for commercial purposes and you are allowing us to access and use that information.

3.4 For any Contributions that are covered by intellectual property rights (like photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, worldwide licence to use these Contributions in connection with the giffgaff Pioneers and our own marketing communications.

4. Your reward for your contributions

4.1 In return for your Contributions to the Activities, you may become eligible for a reward. If an award for an Activity is available, the reward for the completion of an Activity will be communicated to you before the start of the Activity. The potential reward may include airtime credit, payback points, cash or other items or discounts as decided by us.

4.2 For the avoidance of doubt, not all Activities and Contributions will be eligible for a reward. We reserve the right withhold payment of any reward due to any contravention or non-compliance with these Terms or our standard terms and conditions or if any Contributions, in our sole opinion, are not satisfactory or do not comply with any instructions given to you in respect of any Activity.

4.3 In respect of the payment (or non-payment) of any reward giffgaff's decision is final and no correspondence will be entered into.

5. Your commitment to other’ rights

5.1 You agree that any Contributions submitted by you shall not contain:

5.1.1 any content that contravenes our Community Guidelines;

5.1.2 falsehoods or misrepresentations that could damage us or any third party;

5.1.3 content or links to websites that are unlawful, obscene, indecent, abusive, profane, menacing, offensive, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, in breach of privacy or confidence or encourage such conduct and/or that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;

5.1.4 any illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any encouragement to do so;

5.1.5 material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it;

5.1.6 impersonation of another person;

5.1.7 advertisements or solicitations of business; or

5.1.8 personal information about another person and/or attempts to solicit personal information from anyone; (together the “Prohibited Content”).

5.2 We may, in our absolute discretion, deem any other content not listed in clause 5.1 to be Prohibited Content. We may edit, move or delete any content that you provide at our sole discretion (whether or not it is Prohibited Content).

5.3 We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this clause 5, and in particular, includes Prohibited Content in their Contributions. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies.

5.4 We reserve the right to withhold the payment of any reward, suspend you or end your membership to the giffgaff Pioneers, if you are, in our absolute discretion, deemed to have infringed this clause 5.

6. Intellectual property

6.1 Your use of our Sites and being a member of the giffgaff Pioneers does not give you the right to access or download any information we post to our Sites which shall remain our and our licensors’ intellectual property.

6.2 These Terms do not grant you any licence to use any intellectual property (including our name, any trading name, brand or logo) of giffgaff Limited or our group, or our parent company.

7. Our liability

7.1 Please read this section carefully because it limits the liability of giffgaff Limited, our parent company, our group and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

7.2 We will not be liable to you for

7.2.1 any loss of income, business or profits, or goodwill

7.2.2 any loss or damage which was not caused by our breach of these terms or breach of our legal duty of care;

7.2.3 any loss or damage which was not a reasonably foreseeable result of either our breach of these Terms or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if prior to you accessing this site such loss was either (i) contemplated by you and by us, or (ii) you notified us that the loss may occur if we breached these terms of use or our legal duty of care; or

7.2.4 any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through installation of anti-virus software.

7.3 Subject to clause 7.1, our liability to you under these Terms will not exceed £3,000.

7.4 By using the Sites and participating in Activities, you agree to release giffgaff Limited from any and all liability whatsoever arising in any way from your use, misuse or inability to use the Sites.

8. Changes to these terms or to giffgaff pioneers programme

8.1 Sometimes we might need to change these Terms. If we do, then we will let you know by posting a notice on our Sites. If you don’t agree with the changes, then you should end your participation with the giffgaff Pioneers immediately (see section 10 for more information on how to do this). By continuing to submit Contributions to us you indicate your consent to the modified terms.

8.2 Occasionally we may need to modify, add to or withdraw Activities, content on our Sites, or other aspects of the giffgaff Pioneers. We reserve the right to do this without any liability to you.

9. Eligibility

9.1 It is free to register to be part of the giffgaff Pioneers but you must:

9.1.1 be 16 years of age or over; and

9.1.2 be resident in the United Kingdom.

9.2 By registering to be part of the giffgaff Pioneers you confirm to us you are 16 years of age or older and a resident of the United Kingdom.

9.3 We have the sole right to determine which members are eligible to participate in the giffgaff Pioneers and any of the Activities that we offer. We can also remove any individual(s) from the giffgaff Pioneers or any Activity at any time for any reason.

9.4 Only one registration per person for the giffgaff Pioneers is allowed and you may not authorise others to participate in Activities on your behalf, except as expressly permitted by us in relation to particular Activities.

10. Ending your participation in the giffgaff pioneers

10.1 You may end your participation as a member of the giffgaff Pioneers at any time, for any reason, by:

10.1.1 sending an email to us at memberpanel@giffgaff.co.uk;

10.1.2 clicking the link contained in the footer of each giffgaff Pioneers email that we send to you and then following the subsequent steps to opt-out; or

10.1.3 amending your marketing preferences in your giffgaff account to opt-out of receiving any marketing messages from us.

10.2 If you end your giffgaff Pioneers membership, you may be unable to access the Sites that are for participants of the giffgaff Pioneers and you will no longer receive emails or other correspondence from us in relation to the giffgaff Pioneers. In addition, you will forfeit any incentives or rewards that have not been administered at the time you opt out.

10.3 Our agreement with you under these Terms is in full force and effect while you visit the Sites and/or are a member of the giffgaff Pioneers and continues to be so even after your participation with the giffgaff Pioneers ends.

11. General

11.1 You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms and you will allow us to handle any such claim.

11.2 Except as set out in section 11.3, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

11.3 A company in the same group as giffgaff Limited may enforce these Terms as if it were a party to them.

11.4 If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date.

11.5 If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then that invalid or unenforceable part will be deemed deleted from these Terms, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect.

11.6 These Terms shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts. Any dispute arising in connection with these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

11.7 You can contact us by email at memberpanel@giffgaff.co.uk if you have queries about these Terms regarding the member giffgaff Pioneers.

Last updated: 14 May 2020

giffgaff app

This app (the “giffgaff App”) is provided by giffgaff Limited 500 Brook Drive, Reading, RG2 6UU 500 Brook Drive, Reading, RG2 6UU, a company registered in England (company number 04196996) (“giffgaff”, “we”, “us” or “our”).

By downloading and installing the giffgaff App, logging into it and continuing to use the giffgaff App you confirm to us that you agree to these terms. If you do not agree with these terms you should immediately stop using the giffgaff App and uninstall it from your device

1. Licence

We grant you a non-exclusive, non-transferable licence to use the giffgaff App on one device that you own or control for personal, non-commercial use only. There is no charge to you to either download or use the giffgaff App (save for any applicable data charges referred to in paragraph 3 below).

2. Your responsibilities

You’ll need to check that the giffgaff App is compatible with your device before you use it. You are also responsible for using the giffgaff App in accordance with paragraph 8 below (Security).

3. Cost

There are data charges for data downloaded over our mobile network. The data consumption will usually form part of your plan allowance or, if you do not have an active plan or have exceeded your plan allowance, you’ll be charged at our standard network rates. If you use the giffgaff App outside of the UK then you may incur roaming charges. Please see our roaming page for more details.

4. Our regular service terms and conditions also apply

The ways in which you can use the giffgaff App and any other services provided by us (including but not limited to any interaction with us, any purchase of airtime credit or a plan and your use of our mobile network) may also be controlled by and subject to our main terms and conditions (our “Main Terms”).

In the case of any difference or conflict between these giffgaff App terms and our Main Terms, our Main Terms will apply instead of these giffgaff App terms.

5. Exclusion of warranties and limitation of liability

To the fullest extent permitted by applicable law, the giffgaff App is provided to you on an “as is” and an “as available” basis, without support or maintenance. We do not warrant that the giffgaff App will meet your requirements or that the operation of the giffgaff App will be uninterrupted or error free.

To the extent permitted by law, we disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied, and whether arising by statute, common law or otherwise. This clause does not affect your legal rights as a consumer.

6. Your personal information

How we collect and use your information when using the giffgaff App is explained in more detail in our privacy policy.

7. We may collect technical data about your device

By using the giffgaff App, you agree to us collecting and using technical information about the devices you use the giffgaff App on and related software, hardware and peripherals to improve the giffgaff App or our other products and to provide any services to you.

8. Security

You are responsible for safeguarding the password and any login details that you use to access the giffgaff App and your giffgaff account. You are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify us of any unauthorised use of your giffgaff account or of your device that has the giffgaff App installed on it.

We reserve the right to suspend or terminate your access to the giffgaff App at any time, with or without cause, and with or without notice. Cause for such action includes, but is not limited to:

  • any violations of these terms or any other policies or guidelines (including the Main Terms) created for the giffgaff App;
  • a request by you to cancel or terminate your giffgaff account;
  • a request and/or order from law enforcement, a judicial body, or other government agency;
  • unexpected technical or security issues or problems;
  • if we suspect any fraudulent, illegal or suspicious activities associated with your account or device; or
  • failure to pay any charges or fees owed by you to us.

9. Updates and changes to these terms

From time to time we may automatically update the giffgaff App to improve performance, enhance functionality, reflect changes to the operating system or address any security issues. Alternatively, we may ask you to update the giffgaff App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the giffgaff App.

10. Intellectual Property

All intellectual property rights in the giffgaff App belong to us. You have no intellectual property rights in, or to, the giffgaff App or any content contained within it other than the right to use them in accordance with these terms.

11. General

If you have any problems with the giffgaff App or if you’d like to report anything to us you can contact us here.

These terms will be governed by the laws of England and Wales and the courts of England and Wales.

Last updated: 27 March 2020

Fair Usage Policy

All our giffgaff members have certain usage obligations which we ask that they consider as part of use of our Service. Generally speaking these obligations require your use of our services to be for private, personal, and non-commercial purposes as we mention in our Terms and Conditions, but also extend to how you use your allowance when roaming abroad and how you use your ‘unlimited’ allowance.

We’ve provided some examples to help illustrate behaviours to avoid. Please remember that the examples below aren’t an exhaustive list of how you could be breaching our Fair Usage Policy. Other activities which we reasonably believe to be outside of legitimate consumer use may also be subject to the terms in this Fair Usage Policy.

This Fair Usage Policy explains your usage obligations and what will happen if your usage falls outside those obligations and forms part of our Terms and Conditions.

We’ll keep this page updated with any changes that we need to make from time to time.

Your obligations

1. Personal use

You may only use giffgaff SIMs for legitimate private and personal use only. You must not use our services for commercial or business uses or any non-personal or non-private use.

2. Fraud

You must not use our services of a SIM Card fraudulently, in connection with a criminal offence, in breach of any law or statutory duty, to make a call or send a message or 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 (including to our staff) or a hoax in breach of any Rights or anyone's privacy or is otherwise unlawful. You must not engage in the organised, fraudulent resale of our services. If we reasonably suspect you to be doing so, we reserve the right to take appropriate action to stop such resale.

3. Roaming in the EU and selected destinations

You may only use our services in the EU and selected destinations (excluding the UK) for periodic travel, like holidays or short breaks. If you’re on an unlimited UK data allowance, or any other plan with a standard UK data allowance of more than 5 GB, your data usage may be limited in the EU and our other selected destinations (excluding the UK) at a lower level than your data allowance in the UK. Once you go over this limit you’ll be charged. For these limits and charges please see our roaming page. If you have, a plan with an unlimited UK data allowance, once you have used over 5 GB of data, you will be charged 10p/MB for the remainder of your plan.

Please note 5G services are subject to availability and is not currently available when roaming outside the UK.

What to avoid:
Using our services for the first time outside of the UK, using a large volume of your allowance (be that text, calls or data) in the EU and our other selected destinations (excluding the UK), or using our services and travelling within the EU and our other selected destinations (excluding the UK) for prolonged periods which don’t follow reasonable consumer holiday and travel patterns and behaviour. If you use our services outside the UK in the EU and our other selected destinations for 63 or more days in any four-month period and you cannot demonstrate prevailing use or presence in the UK this is likely to be deemed to be an unfair use of our services. When this happens charges will apply (see below), but we will always contact you 14 days before this time to make you aware of this. These charges will cease to apply when your behaviour is in accordance with this policy.

4. Unlimited data

With our plan that include unlimited UK data allowance, when you use a lot of data it slows things down for everyone. So to keep things fair, we keep an eye on how much data you, and all our members, are using.

Please see the section above on ‘Roaming in the EU and selected destinations’ for more information on using your ‘Unlimited’ allowances when you’re roaming outside of the UK.

If you have a plan with ‘Unlimited’ allowance (including our ‘Unlimited’ Monthly rolling plan) then we’ll monitor the amount of data you're using. If we reasonably believe that your usage is harming our Network or other members’ access or use of our Network then you will breach this Fair Usage Policy. Avoid regularly tethering to 12 or more devices or regularly using unreasonably large amounts of data, including but not limited using around 650GB of data twice within a 6-month period. If we suspect you are in breach of this Fair Usage Policy, we may investigate your usage further to ascertain whether your unlimited data usage is in line with this Fair Usage Policy and take action as set out below.

Information about traffic shaping and throttling can be found in our Traffic Management Key Facts Indicator.

5. What happens if your usage falls outside this Fair Usage policy?

Calls, texts and data:
If we reasonably suspect you’re not acting in accordance with this policy, we reserve the right to impose further charges or disconnect your SIM card or your plan at any time, having attempted to contact you first. If you are roaming in the EU or selected destinations and have a plan, you will be charged 10p/MB for data, 3.2p/minute for calls and 1p/text for texts, otherwise our standard Pay As You Go rates apply.

We also we reserve the right to; (i) investigate your usage, (ii) impose Network protection controls (which may reduce your speed of connection) (iii) suspend you from using our services, (iv) disconnect your SIM card at any time (v) transfer you to a plan with a reduced data allowance and/or (vi) prevent you from purchasing further plans.

6. Complaints

If you want to complain about our services, please raise a case with one of our Member Service agents. If we don't resolve your complaint, you can contact the Ombudsman Services: Communications, PO Box 730, Warrington, WA4 6WU. They offer a free, independent service, but will only deal with your complaint if it's still unresolved after 8 weeks or there is a deadlock situation.

From 1 January 2021, members will no longer be able to use the European Online Dispute Resolution platform. This does not affect your statutory rights or your right to ask the Ombudsman to review your complaint (as set out above).

This Fair Usage Policy was updated on 15 October 2020 to include your usage obligations when you buy a plan with an unlimited data allowance.

giffgaff RCS

“Chat Messaging” with giffgaff – Terms and Conditions of Use

1. These terms are the terms and conditions of use for the Chat Messaging with giffgaff’s RCS messaging service (the “Service”) and by using the Service and/or continuing to use the Service, You confirm that you accept and will abide by these terms and any changes to these terms.

2. In these terms:

    1. "We", “we”, or "giffgaff" means giffgaff Limited of 500 Brook Drive, Reading, RG2 6UU, registered in England and Wales under Company number 04196996; and
    2. "You", “you” or “your” means you, the member receiving the Service who is subject to these terms, which includes any person that we reasonably believe is acting with your authority.

The Service

3. The Service is a messaging service available for  iPhone users running iOSv18.2 or later and for all Android 5.0 or later users that allows you to:

    1. send and receive text messages, pictures, videos, locations, contacts and files;
    2. have group conversations;
    3. see who is currently typing and when a message has been sent, delivered and read;
    4. send and receive rich communication with businesses without the need for another app, 

over our mobile network or compatible Wifi connections.

4. The Service is only available over the internet (through our mobile network or other internet connection), therefore, if you are not connected to the internet or if any communication cannot be sent using the Service, your phone will revert to SMS and you will be charged from your plan allowance, or, if you are not using a plan, you will be charged at our PAYG rate, regular roaming rates or rest of world rates depending on where you are when you are using the service. See https://www.giffgaff.com/pricing and https://www.giffgaff.com/roaming-charges for our rates.

5. Your contacts must also have a Rich Communication Services (“RCS”) compatible phone and operating system and have data enabled to receive any communications sent by you through the Service.

6. The Service could be affected by multiple factors not related to giffgaff, such as the WiFi network that you’re connected to, your location, the type of phone used, the existence of specific restrictions in the network and/or country in which you are located, and even your battery level.

Using the Service

7. To use the Service you need to have an RCS compatible application installed and enabled on your phone and an active giffgaff SIM, with a plan or sufficient PAYG credit. If you do not have a compatible app, you can obtain the Service by downloading Google’s Messages app.

8. The Service does not work with all phones so you will need to check that your phone is compatible with the Service. If both you and your message recipient have the Service and an RCS compatible app, your messages will be sent over mobile data or your WiFi connection. If your recipient does not have an RCS compatible app your messages may be sent as SMS or MMS and will be charged as set out in paragraph 4., above. For group messaging, each group participant must have a data connection with RCS active and have a compatible device messaging application on their phone, i.e. Samsung, Google or iPhone Messages. Your RCS compatible app sets what to do in these circumstances and you must familiarise yourself with the settings available. Further information is available on the giffgaff community, however giffgaff is not responsible for your application configuration. If your SIM becomes inactive for any reason, we will terminate the Service.

9. As soon as you begin using the Service, it will store records of your interactions with the Service.

10. If you end your agreement with giffgaff, or are in breach of these terms or giffgaff’s standard terms and conditions, your access of the Service will be terminated.

11. You will be responsible for updating your RCS compatible application from time to time.

12. You must not use the Service:

    1. for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
    2. for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
    3. to send, receive, upload, download, use or reuse any material that is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing, or otherwise objectionable;
    4. to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties;
    5. for business, commercial or unreasonable use;
    6. in any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others;
    7. in any way that causes, or is likely to cause, the Service or access to the Service to be interrupted, damaged or impaired in any way;
    8. to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons; or
    9. via a Gateway so that the Service is provided via the Gateway to third parties.

If you do, we might have to block your use of the Service.

13. giffgaff is not responsible for reviewing or controlling the content transmitted or shared through the Service. You are responsible for the use you decide to make of the Service and you should make sure that such use does not infringe the rights of third parties.

14. giffgaff shall have no liability for any decrease in phone functionality as a result of your use of the Service.

15. You can disable Chat Messaging via your RCS compatible application (i.e. the app you use for Chat Messaging) at any time, If you disable Chat Messaging you will lose access to any groups you are in and your contacts will no longer be able to send you Chat messages.

Charges

16. There is no monthly or other subscription charge associated with the Service. As with all applications, the Service uses data (whether it be mobile or Wi-Fi) to run including in the background whilst you are not using it and therefore will use your data allowance and you will be charged in accordance with your internet service provider or, if you are not on Wi-Fi, from your plan allowance, or, if you’re not using a plan, it’ll be charged at our PAYG mobile data rate, regular roaming rates or rest of world rates depending on where you are when you are using the service. See https://www.giffgaff.com/pricing and https://www.giffgaff.com/roaming-charges for our rates. If you use a plan, you may have a limited amount of monthly data so be careful that you don't run up extra costs that you're not expecting.

Liability

17. giffgaff don't represent or warrant that the Service is free of inaccuracies, errors, delays, bugs or interruptions. We can't promise that the Service will be free from interruptions or that the Service is reliable, of a certain quality, accurate, complete or otherwise valid.

18. The Service is provided with the reasonable care and skill of a network operator to allow use across multiple operating systems and phones and with functionality that will vary as a result. Other than this and as required by statute it is provided "as is" with no warranty, express or implied, of any kind and giffgaff expressly disclaims any and all warranties of fitness for purpose, availability, storage of data, security, title and/or non-infringement. You use the Service at your own discretion and risk. This does not affect your statutory rights.

19. You agree we have no responsibility for the deletion, loss or corruption of any content transmitted through the Service, unless we are negligent.

20. giffgaff will not be responsible for the damages and losses, lost profit or any other damage arising from your use of the Service. While you can disable the Service from any phone, giffgaff is not responsible for charges incurred due to using lost or stolen phones.

21. giffgaff is not responsible for any loss or damage to your messages, contacts and call history which arises as a result of your use of the Service.

22. Nothing in these terms will exclude or restrict the liability of either you or us for any liability that can't be excluded or restricted by law.

Data and communications

23. For the purposes of the information collected as part of the Service, giffgaff is the controller as defined in the General Data Protection Regulation 2016/679 (“GDPR”).

24. You are responsible for ensuring that any information provided by you to giffgaff in relation to the Service is correct and up to date. giffgaff accepts no liability which flows from incorrect or out of date information provided by you.

25. Your information is treated in accordance with giffgaff’s Privacy Policy, this includes details of how to exercise your data subject rights and how to contact our data protection officer with any queries you may have relating to the Service.

26. To allow Chat Messaging to work we require the use of information related to your mobile phone service such as your mobile phone number which will be shared with our suppliers in order to provide you with the Service.

Intellectual property rights

27. The Service and features within the Service, may be protected by intellectual property rights belonging to giffgaff, its licensors or to third parties. No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Service in accordance with these terms. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the features, materials or content of the Service.

28. Whilst You retain all rights to the content you generate or send using the Service, you grant giffgaff a non-exclusive, royalty free worldwide license or the duration you are a user of the Service, to reproduce and adapt such content to the technical needs of the Service and/or giffgaff.

General

29. All suggestions and comments made by you to giffgaff in relation to the Service may be taken into account, implemented or adapted by giffgaff without you generating any rights over of these suggestions, comments or any resulting updates, advancements or amendments to the Service.

30. giffgaff reserves the right to amend, terminate or suspend the Service at any time.

31. We can make reasonable changes to these terms at any time and may suspend, end or change the Service immediately for any reason. All changes will be posted here Please check regularly for updates. If we change these terms to your material detriment (in our reasonable opinion) or end this Service, we'll give you 30 days' notice before the changes take place or the Service is terminated.

32. These terms are governed by English law and are subject to the exclusive jurisdiction of the English courts, which both you and We submit to.

giffgaff Broadband

Terms and Conditions for giffgaff Broadband Service

The following terms and conditions apply from 15 September 2025.

We know you hate it, we do too, but here’s the small print.

We ask you to accept these terms and conditions (“Terms”) when you purchase a Broadband Plan (defined below) and your use of the Broadband Service (defined below) will be governed by these Terms. 

We’ll keep these Terms up-to-date at giffgaff.com (the “Website”) at the link at the bottom of every page. If we make a change, we’ll let you know either by updating the Website or getting in touch directly. See ‘Changes to these Terms and Conditions’ section below for more info.

Here’s a summary of some important terms:

  • Service Availability and Quality: The Broadband Service provides you with internet access, allowing you to browse the internet, send and receive emails, stream content, and more. Our Broadband Service isn’t available everywhere in the UK. You can check predicted network coverage in your area by checking giffgaff.com/broadband/postcode-checker. We use reasonable care and skill in providing you with the Broadband Services. However, the Broadband Service is not fault-free and the speed and quality of your internet connection can be affected by, for example, things like big events or how many people are connected in your Property.
  • Broadband Plans & Billing: Details about your chosen Broadband Plan and the cost of your Broadband Plan are in your Order Confirmation or can be viewed in your Account online. You will be charged for your Broadband Plan monthly in advance, starting on your Activation Date. If you do not pay on time, you may need to pay interest on any unpaid amount owed to us.
  • Cancellation: You can cancel your Broadband Service immediately within your 14 day Cooling-Off Period set out at Clause 9. You can cancel immediately during this time without having to pay a charge although you may still be required to pay for the Broadband Service provided up to cancellation and any one-off set-up, installation or activation charges already incurred. After the Cooling-Off Period, Monthly Rolling Broadband Plans can be cancelled at any time and the Broadband Service will stop at the end of your Monthly Usage Period (unless switching provider via an approved process).
  • Acceptable Use: You must use the Broadband Service for lawful, private and Personal Use, complying with these Terms and the Acceptable Use Policy. Misuse (including, for example, fraudulent or illegal activity, activity that may harm the Network or the experience of others or using the Broadband Service for business use) may lead to cancellation or restrictions in respect of your Broadband Service.
  • Changes to Terms & Charges: giffgaff may change these Terms or the prices of its Plans from time to time. If we increase the price of your Broadband Plan or make a change to these Terms that is not to your exclusive benefit, we will let you know at least 30 days in advance and you may have the right to leave without additional costs.
  • Moving Home: You can transfer your Broadband Service to a new Property if giffgaff broadband is available in that area. Give us 30 days’ notice and we’ll provide you with an installation date for your new Property (if installation is required) and an Activation Date. You may need to pay a transfer fee.

Content:

  1. Explanation of Certain Words
  2. Provision of Broadband Service
  3. Your use of the Broadband Service
  4. Charges
  5. Broadband Plans
  6. Installation
  7. Equipment
  8. Additional Equipment
  9. Cooling-Off Period
  10. How we may restrict, suspend or end your Broadband Service
  11. Changing Home
  12. Liability
  13. Promotions
  14. Changes to these Terms
  15. Your personal data and privacy
  16. General
  17. How to Contact Us

1. Explanation of Certain Words

1.1. In these Terms:

“Acceptable Use Policy” means our acceptable use policy which can be found at https://www.giffgaff.com/terms#bb-AUP;

“Account” means the giffgaff account which records details of your Broadband Plan from time to time;

"Activation Date" means the date on which the Broadband Service is activated and made available to you once installation is complete;

“Additional Equipment” means any optional equipment which you may purchase from us separately, which we do not provide to you as an essential part of setting up the Broadband Service; 

“Broadband Plan” means the available giffgaff broadband plan chosen by you when you placed your Order, to be provided to you to allow you to access the Broadband Service, as confirmed to you in your Order Confirmation;

“Broadband Service” means the broadband internet service which giffgaff agrees to provide to you, as shown on your Order Confirmation and/or any new, additional or substitute services which we agree to supply to you at a later date under these Terms;

“Content” means textual, visual or other information, software, photos, videos, graphics, music, sound or other material appearing on or available through the Broadband Service including all information supplied by content providers from time to time;

“Contract” means the contract made between you and giffgaff for the provision of the Broadband Service. For the avoidance of doubt, the Contract shall include these Terms and the Order Confirmation;

"Charges" means the fees and charges associated with the provision of the Broadband Service, including (but not limited to) Set Up Fees, monthly service fees, delivery fees, charges for Equipment and any additional usage charges;

"Cooling-Off Period" means the 14-day period during which you may cancel the Broadband Service without incurring additional costs, as set out at Clause 9;

"Equipment" means any devices, such as modems or routers, loaned to you by giffgaff as an essential part of your set up and use of the Broadband Service. References to Equipment do not include Additional Equipment;

“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;

“Member” means an individual engaged in the giffgaff community and/or a user of the Broadband Service and/or a user of any other services provided by giffgaff.

"Monthly Rolling Broadband Plan” means a Broadband Plan that automatically renews at the end of each Monthly Usage Period;

“Monthly Usage Period” means the monthly usage period for the use of the Broadband Service under the Broadband Plan as set out at Clause 5.2 starting from either the Activation Date or the date on which a Broadband Plan goes live on your Account (as applicable);

“Network” means the systems or networks that we use to provide the Broadband Service; 

“Order” means a purchase of a Broadband Plan made by a Member through the Website;

“Order Confirmation” means a confirmation of your Order sent by giffgaff in which we accept your Order;

“Personal Use” means for your own use or the use of members of your household and not for business or commercial purposes; 

“Property” means the premises, as set out in the Order Confirmation, where the Equipment is or will be installed and where the Broadband Service will be provided;

“Rights” means copyright, trademark and other relevant proprietary and Intellectual Property Rights relating to Content;

“Set Up Fee” means the fees which we may charge to you to provide, activate (or re-activate) or install the Broadband Service and any Equipment and/or Additional Equipment;

“System” means electronic communications system or network;

“We”, “us”, “giffgaff” and “our” means giffgaff Limited, a company regulated by Ofcom and registered at 500 Brook Drive, Reading, RG2 6UU, company number 04196996 and VAT number 386 4146 72; and

“You” means the Member to whom these Terms apply, and it includes a person who we reasonably believe is acting with your authority.

2. Provision of Broadband Service

2.1. We will provide the Broadband Service to you, and you will be entitled to the quality of Broadband Service generally provided by a competent broadband provider exercising reasonable care and skill. However, due to the nature of the internet, the speed you actually get might be different from what’s advertised, especially during busy times. That’s down to all sorts of things such as your WIFI setup, the gadget which you use to connect to the Broadband Service (e.g. your tablet, computer, mobile or games console), how your home’s set up, and how many people are online at the same time. Big events can also slow things down. We will do our best to provide the Broadband Service as outlined in our Contract with you but you agree that the Broadband Service may not always be perfect and we cannot promise that your use of the Broadband Service will be free from errors or interruptions.

2.2. We will not be liable to you if we are unable to provide the Broadband Service as a result of geographic, atmospheric, Network traffic or other conditions or circumstances beyond our control, including but not limited to the following:

2.2.1. the Broadband Service not being available in all parts of the United Kingdom - please visit this page to see if we can provide the Broadband Service in your area - giffgaff.com/broadband/postcode-checker

2.2.2. the Network requiring updating, upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Broadband Service; and/or

2.2.3. a material failure by you to fulfil your obligations under these Terms (for example, non-payment of Charges). 

2.3. You acknowledge that your Internet Protocol (IP) address may change from time to time without notice as part of managing the Network and providing the Broadband Service to our Members.

2.4. giffgaff is a signatory to the Open Internet Code of Practice and as such is committed to being open and transparent about any traffic management policies. Please see our Key Factors Indicator for more information. 

3. Your use of the Broadband Service

3.1. You may only use Content in a way that does not infringe the Rights of others 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 in compliance with such instruction. 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.

3.2. 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 via the Broadband 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.

3.3. It is your responsibility to keep back-up copies of any data you upload to the Network and you are responsible for any System you establish to monitor or manage your content online and internet use. 

3.4. You must provide us with your current mobile phone number and personal email address and such other information we request to comply with our obligations under these Terms. You must advise us promptly of any changes to information you have provided. It is your responsibility to verify that you can receive calls, text messages and emails.

3.5. To provide the Broadband Service, the Equipment and (if applicable) Additional Equipment must be connected to at least one of your devices (e.g. computer, tablet, mobile, TV). You will be responsible for ensuring that your devices work properly and are able to connect to any Equipment and Additional Equipment we provide to you.

3.6. Your use of the Broadband Service must be for your private, Personal Use. 

3.7. You are responsible for all activity that occurs under your Account, including the use of your Broadband Service by yourself and others. You will not use or permit anyone else to use the Broadband Service fraudulently, illegally or in breach of any law or legal duty and you shall, at all times:

3.7.1. Ensure that the information you have provided to us is accurate and up-to-date;

3.7.2. Comply with these Terms, our Privacy Policy, our Acceptable Use Policy and Community Guidelines;

3.7.3. Not do anything or permit anyone else to do anything which we reasonably think adversely impacts the Broadband Service to other giffgaff Members or may adversely affect the Network; and

3.7.4. Not be abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards the giffgaff community, our employees, agents or property or to the employees, agents or property of giffgaff’s partners.

3.8. If giffgaff reasonably suspects you are not acting in accordance with the conditions of Clauses 3.6 and 3.7, giffgaff reserves the right to impose Network protection controls (which may reduce the speed of your Broadband Service); remove a Broadband Plan and/or Payback Points (as referred to in our mobile terms) from your Account; block access to the Internet via the Broadband Service at any time; prevent you from purchasing further Broadband Plans; stop your entitlement to Payback Points (as governed by our mobile terms); and/or bar or suspend your Broadband Service.

3.9. We may also require you to reimburse us for any reasonable and foreseeable losses, costs and/or expenses incurred by us as a direct result of your misuse of the Broadband Service, Network, Equipment and/or any Additional Equipment by you or anyone you have allowed to use the Broadband Service, Network, Equipment and/or Additional Equipment. 

3.10. You must tell us immediately by emailing datacontroller@giffgaff.co.uk if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Broadband Service 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.

4. Charges

4.1. In return for payment of the Charges we will provide you with the Broadband Service. 

4.2. You may be charged a Set Up Fee, in which case we will let you know before you complete your Order.  

4.3. We may increase or decrease the Charges at any time (including introducing prices for aspects of the Broadband Service, Equipment or Additional Equipment previously provided at no extra cost and/or introducing delivery charges). Where we increase the Charges for the elements of the Broadband Service you are using we will notify you at least 30 days before the changes become effective, by email and/or text. 

4.4. Payment for your Broadband Plan is collected monthly in advance on the Activation Date, in respect of your first Broadband Plan, or on a set billing date for subsequent Broadband Plans.

4.5. You can pay the Charges using a payment method that giffgaff accepts, for example Mastercard, Visa or Visa Debit. You confirm that you are authorised to use the payment method. All cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card does not, for any reason, authorise payment to us, we will notify you and we will not be liable for any delay or failure to provide the Broadband Service and/or any Equipment or Additional Equipment and we reserve the right to charge interest on overdue amounts in accordance with Clause 4.8 below).

4.6. You must ensure that your payment details on your Account are kept up to date at least 24 hours in advance of your next payment being taken. 

4.7. You may replace your payment method with an alternative payment method that giffgaf accepts but you must have a payment method in place at all times. It is your responsibility to ensure any debit or credit card account has sufficient funds to pay for the Charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer. 

4.8. If you do not pay the Charges on time or if we are unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount. We also reserve the right to cancel or restrict your Broadband Service or Broadband Plan purchase, without notice, if we are unable to take payment or have reasonable cause to suspect fraudulent use of a credit or debit card.

4.9. We shall have no liability to you in respect of any loss incurred as a result of any delayed or incorrect Broadband Plan payments except where the delay or incorrect payments are caused by our fault. 

4.10. Refunds can only be processed to a saved, valid debit or credit card. We shall not be liable for any delay to the processing of refunds if caused solely by your failure to provide us with a valid debit or credit card. We reserve the right to request proof of identification prior to processing a refund if we deem this to be necessary.

4.11. If you switch to another broadband provider through an approved switching process, your Broadband Service will end on the date your switch completes and you will be eligible for a pro-rata refund for the unused period of any Broadband Plan you have purchased. In all other cases, your Broadband Plan will run until the end of the monthly period you’ve already paid for. This reflects Ofcom’s switching rules and our billing system design. We don’t issue partial refunds where you cancel for other reasons other than where you change your mind and exercise your right to terminate during the Cooling-Off Period, in which case, your legal rights will apply in accordance with Clause 9 of these Terms.

4.12. Charges include VAT unless otherwise stated. 

5. Broadband Plans

5.1. A Broadband Plan lasts for one (1) month and (subject to Clause 5.2 below):

5.1.1. for your first Broadband Plan, starts from the Activation Date; or, 

5.1.2. for subsequent Broadband Plans, starts from the moment the Broadband Plan goes live on your Account (“Allocation Date”), (i.e. the Activation Date or Allocation Date counts as one full day, regardless of the time of purchase, and is included in the Monthly Usage Period).

5.2. The Activation Date or Allocation Date (as applicable in accordance with Clause 5.1 above) is your “Broadband Plan Initial Date’. The Broadband Plan will continue for the Monthly Usage Period and expire at 23:59 the day before the corresponding day in the next month. If your Broadband Plan Initial Date is on a day not included in the following month, the Monthly Usage Period and your Broadband Plan will expire on the closest possible day in that next month and, if applicable (i.e. for Monthly Rolling Broadband Plans), your next Broadband Plan will start the next day. For example, if your Broadband Plan Initial Date for a Monthly Rolling Broadband Plan is on 31 January, the Monthly Usage Period will run until 23:59 on 28 February and will start again on 1 March.

5.3. You may cancel your Broadband Plan within the Cooling-Off Period set out at Clause 9. 

5.4. We reserve the right to vary the features of our Broadband Plans from time to time where reasonably necessary (e.g. to improve the Broadband Service you receive or to manage our costs). Where we vary speeds and/or features of a Broadband Plan you are using to your material disadvantage, we will notify you of this by text message and/or email at least 30 days prior to the change. You are not obliged to renew your Broadband Plan in the event that you do not agree to the changes. For queries/complaints you can contact our Member Services team by logging into your Account and using the chat function.

Additional Terms in respect of Monthly Rolling Broadband Plans

5.5. To purchase a Monthly Rolling Broadband Plan you will need to provide us with a payment method, which will be saved to your Account, and your Broadband Monthly Rolling Plan will auto-renew each month unless you leave in accordance with these Terms. 

5.6. We may offer you the chance to change your Monthly Rolling Broadband Plan. See our website for details. Where you wish to change an existing Broadband Plan to a higher speed Broadband Plan, we may charge you a pro-rated amount for the difference in the cost calculated on the basis of the number of days remaining in your current Monthly Usage Period.

5.7. You may not upgrade to a higher speed Broadband Plan if you have any outstanding Charges owed to us.

5.8. Should you wish to downgrade your existing Broadband Plan then the changes will take effect from the next Monthly Usage Period.

5.9. Where we offer the option to change your Monthly Rolling Broadband Plan, you may only do so after the Activation Date and not more than once in each Monthly Usage Period. 

5.10. After the Cooling-Off Period, you may cancel your Monthly Rolling Broadband Plan at any time before your next Monthly Usage Period is due to start. If you choose to cancel, your Broadband Service will end when your existing Monthly Usage Period expires. 

5.11. If you cancel outside of the Cooling-Off Period, you will be unable to claim any refund in respect of any purchased Broadband Plans.

6. Installation

6.1. giffgaff shall arrange installation of the Broadband Service (including, but not limited to, any Equipment) at your Property on a date agreed between you and giffgaff. You may need to arrange two installations on separate dates (an outside installation to essentially bring fibre from your street to outside your house and an inside installation to bring the fibre into your house, install your router and set up whatever else we need to get you underway).

6.2. If you need to change or cancel an installation date, you must let us know at least 24 hours in advance of that installation. If we need to change or cancel an installation, we will contact you as soon as we can to re-arrange. 

6.3. At the time of the installation appointment(s), someone over the age of 18 must be at the Property. This can be you or someone authorised by you. You must be the current occupier of the Property or have permission from the Property owner for us to install the Broadband Service at your address.

6.4. Installation of the Broadband Service may require access to your Property. You agree to provide necessary access and assistance to facilitate installation of the Broadband Service (including, but not limited to, any Equipment). You shall allow giffgaff to keep, maintain and operate the Equipment at the Property and you shall provide all reasonable cooperation to enable us to provide you with the Broadband Services. You may need to gain the consent of your neighbour(s) if you have shared grounds (such as a driveway).

6.5. Where we are unable to complete the installation, other than for any reasons set out in Clause 6.6, we will refund you any associated Set Up Fee and payments you have made for provision of the Broadband Service in relation to that installation. 

6.6. We reserve the right to charge you a reasonable fee in the following circumstances (if a charge applies, this will be communicated on our Website):

6.6.1. You have requested an engineer to visit your Property other than for the purpose of an installation and/or necessary maintenance work;

6.6.2. Where we are not able to proceed with the installation as a result of the reasons set out at Clause 6.7;

6.6.3. Where, due to technical or other reasons, we are unable to install the Equipment in your preferred location at the Property and you do not wish to proceed with installing the Equipment in the location we see fit. Note that we will make every effort to fit the Equipment where you prefer;

6.6.4. The person at the Property (whether you or a person given permission by you) at the time of the installation appointment(s) is under the age of 18;

6.6.5. You are not the current occupier of the Property or do not have permission of the Property owner for us to install the Broadband Service at your address;

6.6.6. Upon the engineer’s arrival at the Property, the engineer receives no response from you (or a person given permission by you) or our engineer is refused entry to the Property;

6.6.7. Upon arrival at the Property by an engineer, you (or a person given permission by you) ask our engineer to come back to the Property at another time; 

6.6.8. The appointment for the engineer to attend the Property is changed or cancelled by you (or a person given permission by you) within 24 hours of the time of your appointment; or

6.6.9. We are unable to proceed with an installation and/or provide the Broadband Service due to concerns relating to illegal or fraudulent activity.

6.7. If you do not own the Property, you are responsible for obtaining permission from the owner of the Property for us to connect and maintain the Broadband Service and Equipment at your Property. We may separately request confirmation or evidence that such consents have been obtained. We are entitled not to proceed with an installation and/or provision of the Broadband Service where such consents and permissions have not been obtained.

6.8. Our obligation to provide the Broadband Service is also subject to a survey. If a survey shows that the Equipment cannot be installed or connected at your Property, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate our Contract with you to provide the Broadband Service. You will be notified of this as soon as possible after the survey. We will refund you any payments you have already made to us for installation of the Equipment and provision of the Broadband Service. 

6.9. In the event that we need to send an engineer out to fix a fault, Clauses 6.2 to 6.7 above shall apply (except that where we refer to installation in those Clauses, we mean the appointment to fix the fault). We may also charge you a reasonable fee if:

6.9.1. The engineer visits your Property and identifies there is no fault;

6.9.2. We reasonably believe that the fault was as a result of a breach of these Terms by you; 

6.9.3. The fault was as a result of a failure by you to follow any reasonable instructions in respect of the Broadband Service, Equipment or Additional Equipment by us or anyone acting on our behalf (e.g. in relation to the setting up of Additional Equipment); or 

6.9.4. The engineer discovers that the fault or other problem relates to your devices or any System that we are not responsible for.

6.10. There shall be no obligation on giffgaff to uninstall any Equipment or Additional Equipment once it has been installed (including where you exercise your termination rights under these Terms).

6.11. Pursuant to the electronic communications code set out in Schedule 3A to the Communications Act 2003 (the “Code”) we are seeking your approval to carry out works to your property for and on behalf of Nexfibre Networks Limited (CRN: 12175177) or such other third party to which Nexfibre assigns or novates its rights and/or obligations under Clauses 6.12 to 6.17 below.

6.12. By agreeing to these Terms, you consent to works being done at your Property by Nexfibre’s licensed contractors in order to install electronic communications apparatus (the “Apparatus”). There will be no additional charge for such works, and repairs will be completed to highway standards. However, due to ageing and weather neither we nor Nexfibre can guarantee a perfect match to the original ground surface.

6.13. Nexfibre shall maintain access to your Property wherever possible, with the necessary traffic management procedures carried out.

6.14. You agree that you grant Nexfibre the rights:

6.14.1. To install Apparatus on, under or over your Property;

6.14.2. To carry out any works on your Property for or in connection with the Apparatus and/or to give effect to the rights given at 6.14.3 below;

6.14.3. To install, operate, maintain, adjust, inspect, alter, add to, connect to, replace, repair, share, upgrade, remove and use the Apparatus;

6.14.4. To enter the Property to exercise the rights set out at 6.14.1 to 16.4.3 and, in addition, the grant of the other rights set out at paragraph 3 of the Code.

6.15. All Apparatus installed remains the property of Nexfibre both whilst these Terms are in force and if they end. You must not knowingly, or permit others to, cause damage to Nexfibre’s Apparatus.

6.16. Clause 6.14 above shall remain valid from the date you accept these Terms for the whole time that Nexfibre is an operator (as defined in the Code).

6.17. If you are a tenant, by agreeing to these Terms, you agree that you are permitted to grant the rights set out at Clause 6.14. We and/or Nexfibre may also require you to provide details of the owner of the Property. In such an instance, you confirm that you have the right to share those details with us.

7. Equipment

7.1. giffgaff may charge you for providing the Equipment. If so, we will let you know before you complete your Order.

7.2. You shall not, or shall not permit anyone else to: 

7.2.1. copy, disassemble, decompile, modify, reverse engineer or sublicence all or any part of any software we provide or any equipment (including, but not limited to, the Equipment and Additional Equipment), hardware or software; or

7.2.2. sell or attempt to sell, lend, hire out, put up as security for a loan or mortgage or allow to be seized under any legal process against you, all or any part of any equipment (including, but not limited to, the Equipment and Additional Equipment) or any other hardware or software, provided to you in connection with this Contract. 

7.3. Whilst using the Broadband Service, you shall not use the Equipment to access any internet service other than the Broadband Service.

7.4. You agree that it is your responsibility to ensure that there is an available power supply and the necessary power sockets to enable the Equipment to be set up.

7.5. Where we need to carry out any set-up or activation on the Equipment and/or Additional Equipment, you authorise us to have access to the Equipment and/or Additional Equipment to perform such set-up or activation (which may include the installation of software) and to check that the Broadband Service is working properly. You confirm that you will ensure such Equipment and/or Additional Equipment is prepared properly and follow our reasonable instructions (if required) to prepare the Equipment and/or Additional Equipment prior to set-up or activation of the Broadband Service on the Equipment and/or Additional Equipment. 

7.6. The software on the Equipment and/or Additional Equipment may require updating from time to time. You must allow such updates to run. Unless we communicate otherwise, these will usually happen automatically and remotely. Such updates will be at no extra cost to you.

7.7. Unless we advise you otherwise, please take reasonable steps to make sure that, while it is not in use, the electricity supplied to the Equipment and Additional Equipment is not turned off and that it is in standby or rest mode, as this allows us to send important updates (e.g. security updates) to the Equipment and Additional Equipment.

7.8. The Equipment is loaned to you in order for us to provide you with the Broadband Service. This means that, unless otherwise communicated to you by giffgaff, you will need to return the Equipment to us within 30 days following termination or expiry of your Contract with us (including where you end your Contract with us during the Cooling-Off Period).

7.9. You should return the Equipment using the pre-paid label giffgaff will provide you. 

7.10. If you do not return the Equipment in accordance with Clause 7.8, we shall be entitled to charge you for the replacement cost or reasonable recovery costs of the Equipment. We will give you reasonable notice before making this charge against the payment method you have provided us with. We may also subtract any such costs against any money which we owe to you for any reason. Paying this charge will not entitle you to keep the Equipment and the Equipment will still be owned by us.

7.11. Please do not move any Equipment once it has been installed. If you discover a fault with the Broadband Service or Equipment or you wish to alter the routing or location of any existing Equipment such as cables or wall sockets, you should contact us.

7.12. You agree to tell us as soon as you can about any loss or damage to any part of the Equipment. You agree to return the Equipment in a reasonable condition, allowing for fair wear and tear, and shall otherwise be responsible for any damage to or loss of any Equipment while in your possession and caused by your negligence, misuse and/or a breach of these Terms by you. 

8. Additional Equipment

8.1. You may from time to time have the option to purchase Additional Equipment from giffgaff. The total price for such Additional Equipment must be paid upfront at the time of the order. This will be separate to the monthly charges paid for your Broadband Plan.

8.2. You will not be required to return any Additional Equipment, which has been purchased by you, on expiry or termination of your Contract with us.

8.3. Where we have recommended that you purchase Additional Equipment for use with the Broadband Service and you have chosen not to take our recommendation, we cannot guarantee compatibility of what you instead choose, nor can we provide installation or ongoing support in respect of it. 

9. Cooling-Off Period

9.1. You can change your mind and cancel your Broadband Service within the Cooling-Off Period by notifying us in writing. 

9.2. The Cooling-Off Period in respect of your Broadband Service is 14 days from the later of:

9.2.1. The day after the day you receive your Order Confirmation; and

9.2.2. Your Activation Date.

9.3. To cancel, simply log in to your Account and use the chat function to contact our Member Services team and let them know you wish to cancel.

9.4. Where we have already started providing your Broadband Service during the Cooling-Off Period, we are still entitled to charge you for the full cost of the service you have received and we will refund to you any payments received from you except for: 

9.4.1. the cost of the Broadband Service received up to the day on which you told us to cancel; and

9.4.2. Any one off fees that you paid for installation or activation (e.g. the Set Up Fee).

9.5. Any refunds required to be made to you as a result of you exercising your right to terminate during the Cooling-Off Period, will be made within 14 days of the date on which we have received the Equipment returned by you in accordance with Clause 7.8 and will be made to the same method of payment you used to pay us. We reserve the right to charge you a reasonable fee in the event that the Equipment is returned in a condition not consistent with reasonable wear and tear and will give you reasonable notice prior to making this charge to the payment method you have provided to us.

10. How we may restrict, suspend or end your Broadband Service

10.1. We may, acting reasonably (e.g. where we see signs of the following), suspend, restrict or end your Broadband Service without notice if:

10.1.1. We reasonably determine that you have violated these Terms, including any terms linked to in these Terms such as our Acceptable Use Policy;

10.1.2. We believe that you or another person accessing your Broadband Service has engaged, or is engaging in, illegal or fraudulent activity;

10.1.3. You misuse (or we reasonably suspect you are misusing) your Broadband Service, including by carrying out any acts or omission which could cause a security threat or vulnerability to the Network;

10.1.4. You are no longer eligible to receive the Broadband Service, for example as a result of moving location;

10.1.5. You have provided us with false, inaccurate or misleading information; and/or

10.1.6. you have not made payment of any Charges due to us on the due date.

10.2 Where we decide it is necessary for us to suspend, reduce or end your Broadband Service in accordance with Clause 10.1 above, where we can, we will normally contact you and try to resolve the issue where reasonably possible. However, we are not required to do this and may choose not to if we think there is a risk of loss or harm, for example, if we believe you are carrying out fraudulent or illegal activity. 

10.3. We may also suspend the Broadband Service immediately without notice if:

10.3.1. Maintenance, repairs or improvements to any part of the Equipment, Additional Equipment, Broadband Service and/or the Network need to be carried out, including, for example, when dealing with threats to the security or integrity of the Network or the Broadband Service we provide; or

10.3.2. We have to do so by law.

10.4. If the Broadband Service is reduced (but not suspended) in accordance with Clauses 10.1 or 10.3 above, you remain liable for any Charges during the period of suspension.

10.5. In addition to our rights at Clause 10.1, we may also terminate your Broadband Service at any time by giving you at least 30 days prior notice. 

10.6. If we terminate your Broadband Service under this Clause 10, we:

10.6.1. shall not be required to provide you with any refund unless we are required to do so under law or regulation; and/or

10.6.2. where you have carried out fraudulent or illegal activity, may report you to the police so that they can consider taking further action against you.

10.7. We may withdraw your chosen Broadband Plan for commercial or operational reasons if we are unable to continue providing it for reasons beyond our reasonable control. If we decide to do this we will move you onto our nearest equivalent or better current Broadband Plan, unless you ask us to move to another more expensive Broadband Plan. If the Broadband Plan we have decided to remove (i) is not replaced by a similar or equivalent Broadband Plan and this is likely to materially disadvantage you; or (ii) causes the Charges you pay to increase, we will also give you notice of the change(s) at least 30 days before the changes take effect.

11. Changing Home

11.1. If you move from the Property to a new location in the UK and within an area where the giffgaff broadband is available, you can ask us to transfer your Broadband Service and continue to use your existing Broadband Plan at your new address. Just give us 30 days’ notice in advance of your moving date and we’ll arrange arrange an installation date(s) (if required) and Activation Date for the Broadband Service at your new address - provided giffgaff broadband is available in that new location and there’s enough Network capacity at your new address. We reserve the right to charge you a transfer fee. We will let you know the amount of the transfer fee before you agree to transfer your Broadband Service.

11.2. If you are moving abroad or to an area where giffgaff Broadband is not available (or there is not sufficient Network capacity), we won’t be able to continue providing you with your Broadband Service and you will be entitled to end your Contract subject to provision by you of reasonable evidence of your change of address and payment by you of all Charges owing up to the date that we disconnect your Broadband Service. 

12. Liability

12.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

12.1.1. death or personal injury to any person resulting from our own negligence or the negligence of our employees, agents or subcontractors;

12.1.2. fraud or fraudulent misrepresentation; 

12.1.3. any other type of liability which we cannot exclude or limit legally. 

12.2. Subject to Clause 12.1.2 and 12.1.3, we are not responsible for losses that are:

12.2.1. Caused by a delaying event outside our control. For example, if we cannot provide the Broadband Service to you because of something beyond our reasonable control;

12.2.2. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it to (so, in the law, the loss was unforeseeable);

12.2.3. Avoidable. Something you could have avoided by taking reasonable action; or

12.2.4. A business loss. We are not liable for any business-related losses. The Broadband Service is intended solely for your private and Personal Use. If you use the Broadband Service for any commercial, business or resale purposes, we disclaim any liability for loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3. Subject to Clauses 12.1, our liability to you under these Terms will not exceed £3,000.

13. Promotions

From time to time we may invite you to take up offers, additional services or promotions. Those offers, additional services, or promotions may have additional terms and conditions. See giffgaff.com/terms/promotions.

14. Changes to these Terms

14.1. We reserve the right to change these Terms from time to time. We may notify you of any changes to these Terms by posting them on our Website. We may also notify you by voicemail, text or media message or by email. Your use of the Broadband Service following notification of changes to these Terms means that you accept such changes.

14.2. Notwithstanding Clause 14.1, in the event the changes we make are not to your exclusive benefit, we shall notify you at least 30 days in advance of the change and your right to cancel. If you do not wish to accept the changes, you may terminate your Contract and leave giffgaff without incurring any additional costs before the changes come into effect by giving us notice in accordance with the instructions set out in our notification.

14.3. Your right to cancel without incurring any additional costs will not apply if we make any changes to the Charges, Broadband Service, or these Terms that are exclusively for your benefit or for the following reasons:

14.3.1. The change is due to a change in law (including a change required by government or a competent regulatory body) that applies to us and/or the Broadband Service or other services or products we provide. This includes any increase in the rate of VAT, the imposition of new tax or the extension of an existing tax that has not been previously applied;

14.3.2. The change is purely administrative and has no negative effect on you;

14.3.3. We decide that the Equipment, Additional Equipment and/or Broadband Service should be altered for reasons of quality of service or otherwise for the benefit of Members or, in our reasonable opinion, it is necessary to do so in order to continue to provide the Equipment, Additional Equipment and/or Broadband Service;

14.3.4. We have a legal or regulatory obligation to pass on cost increases;

14.3.5. We introduce new services, new service features, service improvements, Equipment and/or Additional Equipment provided these do not impact the provision of the Broadband Services to your detriment;

14.3.6. For security, technical or operational reasons;

14.3.7. In all other events, where we reasonably determine that any change is necessary to maintain or improve the Equipment, Additional Equipment and/or Broadband Service provided to you.

15. Your personal data and privacy

15.1. Your personal information is used and retained in accordance with our Privacy Policy. 

15.2. We may monitor any content or material transmitted using the Broadband Service, including email and internet communications, where required by law or an enforcement authority, or as part of any actual or potential criminal or suspected fraudulent activity. 

16. General

16.1 If either of us fails to enforce our rights under these Terms, it shall not prevent either of us from taking action later. We might not immediately chase you for not doing something (like paying) or doing something you are not allowed to do, but that does not mean we cannot do it later. 

16.2. Nobody else has any rights under the Contract with you. This Contract is just between you and us. No one else has any rights to enforce any of its terms. 

16.3. Each clause in these Terms operates separately, If any part of the Terms is found by a court to be unreasonable or inapplicable the other parts will continue to apply.

16.4. These Terms are governed by the laws of England and Wales, unless you live in Scotland or Northern Ireland, in which case they will be governed by Scots or Northern Irish law respectively. If we have a dispute about these Terms and you want to take court proceedings, you must do so in one of the 4 parts of the United Kingdom (England, Wales, Scotland or Northern Ireland) of which its courts will have exclusive jurisdiction. 

17. How to Contact Us

If you need to contact giffgaff Member Service please log into your account and use the chat function. If you’re unhappy with any part of your Broadband Service and want to make a complaint, please check our Complaints Code of Practice at https://www.giffgaff.com/support/complaints/complaints-code. This includes the latest information on alternative dispute resolution. 

giffgaff Broadband Acceptable Use Policy

giffgaff broadband Acceptable Use Policy

This AUP was created on 12/9/25.

Introduction 

This Acceptable Use Policy (“AUP”) sets out the ground rules for using our broadband service in a safe, fair, and legal way. It explains what kinds of behaviour aren’t allowed, how we handle misuse, and what you can expect from us if there’s a problem.

We’ve written it to be as clear and straightforward as possible, so you can feel confident about what’s okay, what’s not, and what happens if something goes wrong.

Using our service means you agree to these rules because they’re here to protect you, us, and everyone else on the Network.

Our AUP is part of our terms and conditions which you accept when you sign up for giffgaff broadband, so make sure you read this carefully. 

“We”, “us”, “giffgaff” and “our” means giffgaff Limited, 500 Brook Drive, Reading, RG2 6UU; and “You” means the Member to whom these Terms apply, and it includes a person who we reasonably believe is acting with your authority. Any terms in capitals not defined in this AUP will have the same meaning as in your giffgaff broadband Terms

Key Principles 

You must use our broadband legally, safely, respectfully and responsibly. What we mean by this is ensure you follow all applicable laws and regulations; you don’t harm or disrupt the service for others; you don’t abuse, harass, or harm others online; and you use the service fairly and don’t overload the Network. 

We’ve provided some examples to help illustrate behaviours and activities to avoid. Please remember that the examples below aren’t an exhaustive list of how you could be breaching our Acceptable Use Policy. Other activities which we reasonably believe to be outside of legitimate consumer use may also be subject to the terms in this AUP.

What you must NOT do: 

You must not use our broadband service or permit anyone else to use the Broadband Service to engage in illegal activities, abuse the Network, conduct harmful behaviour and or use it for commercial purposes.

The following behaviours or activities are prohibited under this AUP: 

  • Using the service for non-personal or non-private use except for remote access to your employer’s corporate network or systems (such as a VPN, remote desktop, or cloud-based work tools) provided the access is to enable you to fulfill your own employment obligations; 
  • Using the service in such a way that adversely impacts the Broadband Service provided by giffgaff to other Members;
  • Using the service in such a way as to break or circumvent (or attempt to do so) the security of the Network, Equipment, Additional Equipment, Content, hardware or software;
  • Using the service to conduct unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network;
  • Sending, receiving, storing, distributing, posting, uploading or downloading any materials that are designed to violate giffgaff’s Network’s security or any third party’s system or network security;
  • Attempting to adapt, modify, decompile or reverse engineer any part of the Broadband Service;
  • Committing fraud, or engaging in illegal activities or any activity that would be in breach of any law or statutory duty or involves you impersonating another person or misrepresenting the source of a communication;
  • Sending, uploading, downloading, posting, publishing, making available, transmitting, using or re-using any information, content, material or software which is racist, offensive, abusive, indecent, defamatory (damages someone’s reputation), obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any third party rights (including IP or privacy rights), is harmful to minors or otherwise unlawful (including images of and running websites relating to child abuse);
  • Re-selling, or making any charge for using, all or any part of the Broadband Service;
  • Using the Broadband Service to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
  • Sending unsolicited communications (including promotional or marketing material) or chain letters; 
  • Using the Broadband Service to store or distribute “pirated” software or any other material that are not expressly licensed to You; 
  • Using the Broadband Service to operate a pyramid scheme; 
  • Running or disseminating communications or programs containing viruses, Trojans, malware (malicious software), hoaxes or any tools designed to compromise the security of Internet users, websites and/or systems; 
  • Engaging in phishing, for example, sending or hosting content intended to trick others into revealing personal information such as usernames, passwords, or credit card details by pretending to be a trusted source; 
  • Using the Broadband Service in a manner that is likely to damage giffgaff’s reputation; and
  • Any other activities that would be considered illegal, for example in breach of laws such as the Online Safety Act 2023. 

Contacting You 

You must give us your current phone number, email address, and any other information we reasonably request or require so we can meet our obligations to you under the Broadband Terms and comply with applicable laws. This also helps us contact you if we need to, including sending important notices related to this AUP.

If any of your contact details change, please let us know as soon as possible. It’s your responsibility to make sure you’re able to receive our calls, texts, and emails.

What action we might take

We take the responsible use of our services seriously. This section explains what may happen if we suspect or find that someone has breached this AUP. 

If we believe, or someone reports, that this AUP may have been breached, we may investigate. This could include collecting information from you or about your use of the Broadband Service such as, reviewing content or data on our systems or Network, or contacting any affected parties.

As part of our investigation, we may also:

  • Remove, copy, monitor, store or deal with any content or data on our systems or Network;
  • Use your personal data or account information as necessary for the investigation;
  • Share relevant information with government bodies, regulators, law enforcement, or other authorised third parties where we believe they have a legitimate interest; 
  • Notify relevant authorities, regulators, or third parties if prohibited or unlawful material has been used, stored, distributed, transmitted or published via the giffgaff Broadband Service; 
  • Block access to child abuse material and websites.

If we reasonably believe this AUP has been breached, or even if there’s a strong suspicion of a breach, we reserve the right to:

  • Block any message, content, or communication that is not permitted by this AUP
  • Contact you by phone, email or post to discuss the issue or formally notify you of the breach (unless doing so would interfere with an investigation)
  • Issue a formal warning to you
  • Suspend or restrict your access to some or all of our services (with or without notice) until the issue is resolved
  • Terminate your service or Broadband Plan (with or without notice)
  • Charge you for usage that we believe is excessive or outside normal patterns, if this applies to your service plan.

Note: These are examples, not an exhaustive list. We may take other appropriate steps that we deem necessary.

If you continue to breach this AUP after we’ve issued a warning, or if the breach is serious, we may restrict or stop your service permanently. In some cases, your service may stay suspended until we’re confident that you’ve taken action to prevent further issues.

To help avoid missing important messages from us, please keep your contact details (like your email and phone number) up to date, and check your inbox regularly. If you give us an alternative email address, make sure it’s one you check often.

If your service has been suspended due to a breach, we may choose to reinstate it after you provide us with a written assurance that the issue has been addressed and will not happen again. We’ll give you the correct contact details if this applies to your situation.

We are not responsible for any delays or loss if your written response doesn’t reach us (by email, post, or otherwise).

Where appropriate, we will try to resolve any issues informally before taking stronger action, but we’re not obliged to do so. For serious or repeated misuse, we may suspend or end your service without further warning.

For details on other traffic management measures and our KFI (Key Facts Indicator) visit our Help page here.

Staying safe and secure

You’re responsible for keeping the information you share and the services you use through giffgaff secure. We aren’t liable if you don’t take proper security steps and something goes wrong, like lost or damaged files, identity theft, or fraud. Here’s what you need to do:

  • Change any default passwords when you first set up your equipment.
  • Use strong unique passwords and update them regularly.
  • Always keep your passwords private and secure. If you think someone unauthorised knows your password or is using it, change it immediately. Also, if you suspect any of your devices have been used in ways that break the terms of this AUP, let us know straight away.
  • Make sure your wireless router is properly secured using the encryption methods we recommend. You can find detailed instructions on this Help Page on how to ensure your router software is set up properly. If your Wi-Fi is left unsecured, intentionally or not, you might be held legally responsible if someone else misuses your account. See this Help Article for further guidance on how to set up the Wi-Fi. 
  • Please make sure all your devices are up to date, and where possible, have up-to-date antivirus software and a properly set-up firewall, where applicable. 
  • Follow any security advice we give you, like turning on security features.
    You’re also responsible for keeping all your devices safe when they connect to the Network. This includes computers, tablets, phones, gaming consoles, and IoT (Internet of Things) devices.

If we detect that any device connected to your account is illegal, otherwise causing serious issues through connection to our Network or appears to be part of a botnet (a network of hacked machines used for malicious activity), we may suspend or disconnect your service without warning to protect our systems and Network and other Members using the service.

Complaints

If you want to make a complaint about our broadband service (for example, about performance, billing, or technical issues), please raise a case through our online Member Services team.

If we can’t resolve your complaint within 8 weeks, or we issue you with a deadlock letter, you can contact the Ombudsman Services: Communications, an independent alternative dispute resolution service.

You can contact them at:
Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU
Website: www.ombudsman-services.org

They offer a free and independent service.

Reporting abuse of our Network or AUP

If you want to report a user of our Network for misuse or a potential breach of this Acceptable Use Policy (for example, phishing, spam, or illegal content), you can do so by submitting the following information to our Member Services team. This will help us to investigate your complaint effectively:

  • As much relevant evidence as possible
  • Full email headers and message bodies if reporting email abuse (not just screenshots or excerpts)
  • Any logs, timestamps, or screenshots that clearly show the issue

We may close investigations that don’t include sufficient detail or that lack required evidence. If we request further information and don’t receive it within a reasonable time, we’ll assume the matter is resolved and close the case.