Terms & Conditions
The following terms and conditions apply from 24th November 2009.
We know you hate it, we do too, but here's the small print. It covers your use of our mobile service and also our website.
We ask you to accept these terms when you order or activate your SIM card and your activation of the service means that you accept them.
We'll keep these terms and conditions up to date at giffgaff.com at the link of the bottom of every page. Please check them regularly since by continuing to use our service after a change will mean that you have accepted the change
Contents:
Terms and conditions for goodybags, gigabags and BlackBerry add-on
Our Rights to Bar or Disconnect Your SIM Card
Matters Beyond Our Reasonable Control
Changes to the terms and conditions
IMPORTANT: YOUR RIGHT TO CANCEL
If you are entitled to cancel this Agreement pursuant to the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations"), you may do so at any time up 14 days after placing your order for the Service (subject to the following paragraph) ("Trial Period") provided that you notify us in writing to Member Services of such cancellation within the Trial Period and have not used the service. We agree to then refund you the price of your first top up that you paid prior to receiving your SIM Card. This does not affect your statutory rights.
Please note that by using the Service you will be deemed to have accepted these terms and conditions. You agree that the services may start before the end of the Trial Period. You also agree that once the Service has started with your agreement, you will lose your statutory right of cancellation under the Regulations
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1. Explanation of Certain Words
1.1. In these Terms and conditions:
"Account"
means the account which records details of the amount of airtime balance you have, from time to time;
"AIT"
means Artificially Inflated Traffic and occurs where the flow of calls to any particular revenue share service is, as a result of any activity on or on behalf of the party operating that revenue share service, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the Network;
"Charges"
means all the charges associated with the Service described on giffgaff.com;
"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;
"GSM Gateway"
means a device (not designed or adapted to be capable of being used whilst in motion) for wireless telegraphy designed or adapted to be connected by wireless telegraphy to the Network or the cellular telecommunications system of another network operator and used solely for the purpose of sending or receiving messages conveyed by means of the Network or the cellular telecommunications system of another network operator;
"Intellectual Property Rights"
means: (i) any (and any rights subsisting in any) patents, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, moral rights, database rights, know-how and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights;
"Network"
means the cellular telecommunication system run by Telefónica UK Limited;
"Participation"
means customer involvement, such as referring a friend, voting on business decisions, or answering questions on the customer forum;
"Payback"
means a payback of the points you have earned by getting involved with giffgaff;
"Payback Date"
means the date specified by giffgaff to make the Payback;
"Registration"
means our acceptance of your application to register with us for the Service once you purchase call time from us. "Register" has a corresponding meaning;
"Rights"
means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
"Service"
means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data (via, for example, WAP, GPRS or 3G) by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, the ability to access and use the giffgaff blog or forum, and any additional services we agree to provide to you;
"SIM Card"
means the card or other device bearing a unique telephone number programmed to allow a mobile phone to access the Service;
"SIM Activation"
means the card has been activated online at giffgaff.com. SIM activation is a process that includes creating an account for giffgaff and making your first top-up or goodybag purchase;
"Terms and conditions"
means these terms and conditions;
"Using the Service"
means when your Account is first activated or when the SIM card is received by you, if later;
"WAP Services"
means services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld devices such as a mobile phone);
"Web Services"
means services provided from our Website and any additional websites linked from our Website.
"We", "us" and "our"
means giffgaff, 260 Bath Road, Slough, Berkshire, SL1 4DX
"You"
means the customer to whom the terms and conditions apply, and it includes a person who we reasonably believe is acting with your authority.
1.2. giffgaff.com contains explanations, definitions, notes and conditions which form part of these terms and conditions. A copy of the Charges is available visiting our website giffgaff.com.
1.3. All services, offers and promotions are subject to additional T's and C's as advertised in our marketing literature and on our website giffgaff.com. Please check our site regularly as these Terms are updated from time to time.
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2. Provision of Service
2.1 The Service is not available in all parts of the United Kingdom or in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.
2.2. We may using reasonable skill and care exercise our discretion to refuse to provide any part of the Service to you (and this may involve barring certain numbers from the Service on a temporary or permanent basis, in circumstances where it is necessary for us to do so). Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.
2.3. We will do our best to provide Service to you and any additional service requested by you (such as roaming) or if you instruct us to change your Service (e.g. to bar calls) by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control and we will not be liable to you if this is the case.
2.4. The Network may from time to time require upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.
2.5. You must register your SIM within 6 months of arrival after which time it will become deactivated.
2.6. We or our agents may record or monitor telephone calls between you and us (or our agents) for training, quality control and our lawful business purposes.
2.7. We will use reasonable endeavours to maintain Content but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access to Content that you accept that we will not be liable for any action you take in reliance on Content.
2.8. We may vary Content or the technical specification of Service from time to time.
2.9. The Service enables access to Content. You may only use Content in a way that does not infringe the Rights of others ('Approved Use') and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of Content for your personal use only.
2.10. 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.
2.11. If you use the giffgaff Service it is a condition of this Agreement that you provide us with a current email address and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
2.12. You may ask us to include your mobile phone number in a telephone directory and/or a directory enquiry service. However, you should be aware that, if you request this service (for which we may charge a fee) your number will be made accessible to companies that compile information for marketing purposes. If you are worried about this, you can prevent it from happening by registering your mobile phone number with the Telephone Preference Service on www.tpsonline.org.uk. If you want your mobile phone number to be included in a directory and/or a directory enquiry service, please contact Member Services.
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3. Payment for the Service
3.1. You pay for the Service by purchasing airtime using your credit card, debit card on giffgaff.com or by purchasing a top-up voucher and redeeming it with us or by any other methods approved by us from time to time.
3.2. Each time you incur charges, the credits that are registered on your Account will be reduced according to the duration of the call/message and the type of call/message by reference to the charges shown on giffgaff.com.
3.3. Top-ups by credit or debit card can be in increments at a minimum value as determined by giffgaff. Call time purchased by debit card or credit card will be credited to your Account, subject to our carrying out our usual security checks. We will not have any obligation to make a refund to you where you purchase more call time than you intend, for whatever reason.
3.4. If you wish to stop using the Service at any time, there will be no refund of unused call time.
3.5. You may be charged to receive certain premium rate text messaging services and multimedia messaging services. We will not notify you of call charges for premium rate services operated by third parties. Details of these charges and any changes will be available on our website giffgaff.com. Please check these before calling premium rate numbers.
3.6. Auto top-up
3.6.1. Automatic Top-up or "Auto Top-up" up is a recurring payment method that enables you to automatically top up your giffgaff account by an amount that you have previously set (in the increments available) when your balance falls below £3.00. The Automatic Top-up payment method is governed by these Terms and Conditions ("Terms"). Please read these Terms carefully. You should understand that by completing the registration process you agree to be bound by these Terms.
3.6.2. You can register for Automatic Top-up by visiting 'Top-up Settings' in the 'top-up' section of giffgaff.com, which will help you to complete the process. An Automatic Top-up may take up to 24 hours to process. Visit giffgaff.com for credit/debit cards available to use this service.
3.6.3. giffgaff will notify you within 24 hours of taking a payment from your account following an Automatic top-up. giffgaff is not able to process payments from certain card issuers (which currently includes American Express, Diners and Solo).
3.6.4. If your credit or debit card details change at any time, you must notify giffgaff immediately. If you do not do this, payments to your giffgaff account could fail and your balance will not be topped up. Please note that changes will take at least 24 hours to process.
3.6.5. giffgaff shall not be responsible for any loss or damages incurred as a result of delayed or incorrect top-up.
3.6.6. If you wish to cancel your Automatic Top-up you may do so by giving at least 24 hours' notice by contacting giffgaff via giffgaff.com.
3.6.7. By completing the Automatic Top-up registration process you confirm that the credit/debit card being used is yours or you have permission from the card holder to use their card.
3.6.8. Your credit/debit card may be subject to validation checks and authorisation by your card issuer. Please note that your details will be passed to third parties for the purposes of carrying out these checks and reporting any fraudulent activity.
3.6.9. giffgaff will contact you if your card issuer refuses to authorise an Automatic Top-up payment. You may be required to contact your card provider for further information. giffgaff is not responsible for any additional charges which may be imposed on you by your card issuer.
3.6.10. The information that you have supplied will be used for the purpose of providing you the Automatic Top-up service so that giffgaff and/or its agents can process the payments that you have authorised.
3.6.11. giffgaff is entitled to suspend or terminate your Automatic Top-up registration at any time for any reason and will give you reasonable notice of this where possible. In the event that you lose your SIM card or have it stolen, you must contact giffgaff to report this in order to stop your Automatic Top-up payments. Once you have your new SIM card you will need to re-activate your Automatic Top-up.
3.6.12. giffgaff reserves the right to amend or vary these Terms or to withdraw the Automatic Top-up payment service at any time on reasonable notice to you.
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4. Tariff Terms and Conditions
4.1. For details on call charges, please visit giffgaff.com. Unless otherwise stated, call prices include VAT are quoted by the minute, and are charged in one second increments after the first minute. Free UK calls, texts, call forwarding and video calls between giffgaff customers are subject to a top-up (from credit / debit card or voucher) or goodybag purchase from credit / debit card once every 3 months. This call is at no extra cost for the first 60 minutes per call, after which the charge is at standard UK mobile pricing. To re-commence the free minutes, re-dial after 60 minutes. Unless stated otherwise, a one minute minimum call charge applies.
4.2. To access giffgaff's data services your mobile device must be data compatible and enabled. Access to data services is subject to network coverage.
4.3. Prices are correct at time of going to print but are subject to change.
4.4. The ability to send picture messages and text messages or to use mobile internet services requires a compatible handset.
4.5. You must have a minimum balance of 15 pence in order to initiate a GPRS WAP or mobile internet session in the UK.
4.6. giffgaff reserves the right to restrict access to certain services due to age restrictions.
4.7. You hereby agree that giffgaff shall exclusively own the Intellectual Property Rights in any posts, material, commentary, ideas that you post on the Website (together the "Posts") and you agree to take all such actions and to execute all such documents, including but not limited to an assignment of all future rights in and to your Intellectual Property Rights, as may be necessary to enable giffgaff to obtain, defend or enforce its rights to use the Intellectual Property Rights in such Posts, and shall not do or fail to do any act which would or might prejudice giffgaff's rights.
4.7.1. If your Post or any element of it is accepted or implemented by giffgaff, you hereby agree to grant to giffgaff an irrevocable, non-exclusive, perpetual licence to use, copy, install, maintain, modify, enhance and adapt your Intellectual Property Rights in the Post. giffgaff may also assign its licence to use your Intellectual Property Rights in the post (or any part thereof) to any third party to which it may outsource the operation of a part of giffgaff's operations or business provided such third party's use, copying, installation, maintenance, modification, enhancement and adaptation is solely for the purpose of providing a service to giffgaff.
4.7.2. You agree to waive all or any moral rights which you may have to the Posts.
4.8. All usage of your giffgaff SIM Card must be for your private, personal and non-commercial purposes. You may not use your SIM Card in such a way that adversely impacts the service to other giffgaff customers.
4.9. If giffgaff reasonably suspects you are not acting in accordance with this policy giffgaff reserves the right to impose further charges, impose network protection controls which may reduce your speed of transmission or disconnect your tariff at any time, having attempted to contact you first.
4.10. We may increase or decrease our Charges at any time (including the introduction of charges for aspects of the Service previously provided at no extra cost). Where we increase the Charges significantly for the elements of the Service you are using we will notify you before the changes become effective. Notification will be via text message or by email.
4.11. giffgaff reserves the right to remove, vary or amend any element of the giffgaff tariff. If we amend any of these to your disadvantage we will notify you. Notice will be provided by text message. Changes will be effective immediately upon our having notified you.
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5. Terms and conditions for goodybags, gigabags and BlackBerry Add-on
5.1. goodybags, gigabags and the BlackBerry add-ons (bundles from now on) are available to all giffgaff customers, unless you are on a promotional tariff. This is a UK service only; standard prices will apply when roaming. You can purchase your bundles at giffgaff.com. Once purchased, we will send you an e-mail and update your 'My giffgaff Newsfeed' to confirm purchase. Each bundle will last for a month. The month period starts from the moment you successfully make your purchase and the bundle is placed on your account. You can purchase a bundle with a credit or debit card, or from your airtime balance.
5.2. If you already have a bundle, you can purchase another one with a credit or debit card, or from your airtime balance. This will start between 22:00h and 23:59h on the day that the current goodybag expires.
5.3. Bundle allowances must be used before they expire monthly. Unused allowances cannot be rolled over to subsequent months.
5.4. You may use your airtime balance to buy a bundle. In order to buy a bundle with this method you must have sufficient airtime balance. Standard charges apply once your goodybag allowance(s) have been used.
5.5. To check your remaining bundle balance, go to My giffgaff. You can also check through balance alerts and by dialling: *100# to check your balance; *100*7# to check your bundle allowance and *100*5# to check your remaining texts.
5.6. If you report your SIM lost or stolen, the bundle will remain chargeable on your account until its expiry date (set when you purchased).
5.7. giffgaff reserves the right to remove or vary the terms of any bundle. Where we vary the terms of a bundle you are using to your disadvantage, we will notify you of this by text message.
5.8. If the Distance Selling Regulations apply, you acknowledge and agree that you will not have a right to cancel under the Distance Selling Regulations once your chosen bundle has been activated. Your statutory rights are unaffected.
5.9. giffgaff's standard terms and conditions apply.
5.10. You can have the following standard goodybags:
a) Unlimited texts for £5 a month;
b) 250 minutes, unlimited texts and data browsing for £10 a month;
c) 400 minutes, unlimited texts and data browsing for £15 a month;
d) 800 minutes, unlimited texts and data browsing for £20 a month;
e) 1,500 minutes, unlimited texts and data browsing for £25 a month.
5.11. In addition to the bundle terms above, the following terms apply to the £5 Hokey Cokey goodybag.
5.11.1. For £5 a month, you can have 300 UK texts and 60 UK minutes (to standard UK mobiles and landlines). In addition, for every full minute of inbound calls received you will receive a credit of one minute to use to call any UK mobile or landline number (the "free minutes").
5.11.2.The free minutes will be credited to you after your inbound call has completed. Maximum free minute credit per inbound call received is limited to 60 minutes.
5.11.3. Free minutes must be earned and used whilst in the UK.
5.11.4. Members must have an active Hokey Cokey goodybag to qualify and use free minutes.
5.11.5. Free minutes do not roll-over into the next goodybag or survive the expiration of the Hokey Cokey goodybag.
5.11.6. Calls received from other giffgaff members do not qualify for free minutes.
5.11.7.The Hokey Cokey goodybag is subject to change and may be withdrawn at giffgaff's discretion. We may remove free minutes earned at any time without notice if we suspect that you are misusing this service, you have breached these terms and conditions, the giffgaff standard terms and conditions of service, the giffgaff Privacy Policy, or if we have received a serious complaint about you, or if you have otherwise engaged in conduct which may breach any law or regulation or bring giffgaff into disrepute
5.12. In addition to the bundle terms above, the following terms apply to gigabags (data-only goodybag plans).
5.12.1. Browsing capability is subject to network coverage.
5.12.2. You can have the following data-only gigabags: £5 for 500MB a month, £7.5 for 1GB a month, 12.50 for 3GB a month.
5.12.3. You can purchase any data-only goodybag on activation of your giffgaff sim. If you are activating a member-get-member SIM (with £5 extra credit) you may only purchase the £7.50 or £12.50 data-only gigabags.
5.12.4. gigabags can be used in all data devices, including tablets, dongles, PCs or other devices that give you the ability to use the Internet. All gigabag usage must be for your private, personal and non-commercial purposes.
5.12.5. If you use your total data allowance for your gigabag in one month, you will be provided an additional overdraft allowance of 50MB to use in that month. In the event that you exceed your overdraft allowance, data usage will be charged at 2p per MB for the remainder of that month. We will notify you by text if you are approaching your limit.
5.12.6. You may purchase a new data-only gigabag when your monthly allowance expires. If you do not purchase a new data-only gigabag for the following month, your data usage will be charged at giffgaff's standard rate of 20p per MB. Data is measured in Kilobytes.
5.13. In addition to the bundle terms above, the following terms apply to BlackBerry Add-on (data-only goodybag plans).
5.13.1. BlackBerry Add-ons allow you to use services such as: Blackberry Messenger, Blackberry (push) e-mails and Blackberry Internet.
5.13.2. BlackBerry Add-ons are available to giffgaff members when purchasing all goodybags (excluding gigabags) for an additional monthly cost of £3.
5.13.4. If you buy the Blackberry Add on with the £5 Unlimited Text goodybag you will still be charged at 20p a MB for internet usage, but Blackberry Messenger and Blackberry Push Email will be free.
5.13.5. Your BlackBerry Add-on will expire after a month when your accompanying goodybag does. Unused allowances cannot be rolled over to subsequent months.
5.13.6. If you have an active goodybag and wish to have a BlackBerry Add-on, you will need to wait for your goodybag to expire before you can add the Blackberry Add-on to your account.
5.13.7. If you do not purchase a new BlackBerry Add-on for the following month, your data usage will be charged at giffgaff's standard rate of 20p per MB.
5.13.8. Roaming on Blackberry will be restricted to 10MB per day, which you get for free, when you are roaming.
5.13.7. If you do not purchase a new BlackBerry Add-on for the following month, your data usage will be charged at giffgaff's standard rate of 20p per MB.
5.14. In addition to our standard terms and conditions, all usage must be for your private, personal and non-commercial purposes. You may not use your SIM Card:
a) In or connected to any other device including modems, dongles or any other way to connect to a PC (unless you are on a gigabag plan);
b) fraudulently;
c) in such a way that adversely impacts the service to other giffgaff customers;
d) illegally.
If giffgaff reasonably suspects you are not acting in accordance with this clause, giffgaff reserves the right to impose standard browsing charges, impose network protection controls which may reduce your speed of transmission or remove the goodybag from your account or disconnect your tariff at any time, having attempted to contact you first.
5.15. Goodybag data browsing allowances are for UK use only.
5.16. Inclusive calls and/or texts are for UK mobile numbers or UK standard landlines (starting 01 or 02 or 03) only. Picture or video messages and call forwarding are excluded.
5.17. If you have qualified for free calls, texts, call forwarding and video calls to giffgaff mobiles, making a call to a giffgaff number will not use any of your goodybag minutes or texts.
5.18. You must have a GPRS handset in order to use mobile internet. Browsing capability is subject to network coverage.
5.19. For a full list of pricing visit our website.
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6. Promotional offers
6.1. SIM Cards provided in connection with promotional offers ("Promotional SIM Cards") shall remain valid for a period of 12 months from date of activation
6.1.2. Ownership or use of the Promotional SIM Cards may not be transferred or assigned to other individuals.
6.1.3. Standard charges shall apply to any calls or texts made outside of the promotional allowance.
6.1.4. giffgaff reserve the right to contact individuals and terminate any Promotional SIMs that we view as having excessive use.
6.1.5. giffgaff reserves the right to amend or withdraw promotional offers at any time.
6.2. In addition to the above terms, the following terms apply to the Friend connection promotion.
6.2.1. All new members who activate their SIM card after the 22nd of March will get an extra £5 bonus credit if they use any of the SIM code promotion methods described in clause 7.3. within 6 weeks (42 days) of activating their own SIM card. The £5 bonus credit will only be applied to the first SIM activation that takes place between the 6 weeks period. The credit will be applied within 5 working days of their friend activation.
6.3. Terms and Conditions of the 'Unlock a Phone, Unlock a Chicken' promotion.
6.3.1. Promotion open to residents of the UK.
6.3.2. Promotion applies to consumers who order their SIM via the official giffgaff Facebook tab and activate it between 08 February 2012 and 07 March 2012 inclusive ("Promotion Period"). Internet access is required.
6.3.3. For each SIM ordered and activated during the Promotion Period by a qualifying customer, giffgaff will donate £4 to Wood Green Animal Shelters, which is the amount it takes to re-home a battery chicken. The maximum number of chickens we can re-home with this promotion is 1,000.
6.3.4. Customers will be sent an email at the end of the campaign to confirm how many chickens in total will be re-homed with the money raised during the Promotion Period for Wood Green Animal Shelters.
6.3.5. No cash alternatives are available.
6.3.6. Wood Green Animal Shelters is a charity registered in England and Wales (Registered Charity Number 298348) and a company limited by guarantee ( 2073930).
6.3.7. Promoter: giffgaff giffgaff Limited, registered in England and Wales, registered office address: 260 Bath Road, Slough, Berkshire SL1 4DX, UK (company number 4196996).
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7. Payback and Participation
7.1. Payback
7.1.1. Paybacks are calculated by giffgaff according to the amount of points you have earned for your Participation. Your points can be converted into pounds sterling and returned to you in the form of airtime credit on your giffgaff number, a transfer to your PayPal account (where points accumulated is greater than 1,000) or you can donate them to charity.
7.1.2. Payback Dates are subject to change.
7.1.3. To receive your Payback you must have an active giffgaff SIM at the Payback Date period end date and have successfully made a connecting call or SMS to any mobile or used mobile internet at least once in the 3 months prior to the Payback period end date.
7.1.4. It could take up to 15 days for giffgaff to fulfil your Payback.
7.1.5. If you receive Paybacks in excess of 100% of the amount you have topped up in the period leading up to and including your Payback Date, there may be personal tax implications for you, which you will be required to take responsibility for.
7.1.6. Points for Payback can be collected from the date you activate your giffgaff SIM.
7.1.7. Points or rewards relating to Payback may not be transferred to friends, family members or any other third parties.
7.1.8. giffgaff's decision as to the value of your Payback is final and no correspondence will be entered into.
7.1.9. You must make your selection before the Payback selection window closes. Failure to do so will result in your points being rolled over to the following Payback period. Rolled over points will expire if during this next selection window you again don't make a selection.
7.2. Participation
7.2.1. Participation activity that may qualify for Payback rewards shall be determined by giffgaff.
7.2.2. giffgaff reserves the right to, from time to time, alter the weighting of the points allocated to any given activity at any time.
7.2.3. The dates during which Payback shall be allocated by giffgaff and are subject to change.
7.2.4. We may suspend this Payback service or discontinue it at any time. We will provide notice to you of this on giffgaff.com. If we suspend or discontinue the Payback service then we will stop rewarding points for Participation. If you are eligible for a Payback before the suspension or discontinuation of the service, we will honour it.
7.2.5. We may suspend or remove you from the Payback service at any time and without notice to you if you have provided false or misleading information or if we suspect that you are misusing this service, you have breached these terms and conditions, the giffgaff standard terms and conditions of service, the giffgaff Privacy Policy or Community guidelines, or if we have received a serious complaint about you (whether or not it is ultimately proven) or if you have otherwise engaged in conduct which may breach any law or regulation or bring giffgaff into disrepute. In such instance, giffgaff reserves the right to remove any or all of your accrued points.
7.2.6. You are responsible for providing giffgaff with accurate information. giffgaff shall not be held responsible for any incorrect information that you provide to us or any delays or other circumstances you experience which may affect your ability to receive a Payback.
7.2.7. giffgaff are not liable for to you for any loss of income, business or profits, (whether direct, indirect or consequential and including loss of revenue or profit) or for any loss or data in connection with your use of this service.
7.3. Promoting giffgaff with the distribution of their SIM cards
7.3.1. At giffgaff.com members are presented with alternative methods to promote SIM cards. Every SIM activated in accordance with these terms and conditions as a result of this promotion will earn 500 payback points. A member who activates a SIM in accordance with these terms and conditions received through any of these methods will receive £5 free credit after activating the SIM card.
7.3.2. The methods of distribution giffgaff SIM cards via MGM are:
a) Ordering more SIMs to be delivered to your house, with the idea to distribute them physically.
b) Sending a SIM directly to a known address (you need to make sure you have authorisation to send SIMs directly to others addresses).
c) Distributing your own SIM order page through social media or your own website or a site that you control.
7.3.3. giffgaff provides these methods as a way to promote giffgaff but could refuse rewarding a member if he is using inappropriate methods of promotion. Inappropriate giffgaff promotion could include:
a) Infringing trademark rights of giffgaff or any third party or otherwise violating the rights of any third party. You may use certain promotional content that giffgaff provides to you. You agree to forward any claims or complaints you may receive in connection with the promotional content to giffgaff immediately, and you also agree to remove it immediately upon giffgaff's request.
b) Bidding on giffgaff related terms. You may not bid on search terms or keywords used by any internet search engine or other directory or referral service (e.g. Yahoo Search Marketing, Google, etc.) to return or prompt internet search results, if keyword is, includes, or is confusingly similar to any giffgaff trademark.
c) Sites that include a giffgaff trademark in the domain name. You may include giffgaff as part of a subdirectory (i.e. example.com/giffgaff), or a subdomain (i.e. giffgaff.example.com) but not in the main URL structure (i.e. joingiffgaff.com) Members are not permitted to use 'giffgaff' or 'giff-gaff' or any variation thereof in the primary domain of urls including those under their ownership and/or management e.g. http://www.giffgaff-sim-cards.co.uk/. It is however permissible to use the 'giffgaff' brand within a subset of the primary domain i.e. www.yourdomain.co.uk/giffgaff.
d) Impersonating giffgaff. You may not promote giffgaff in a way that you include, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, giffgaff; (ii) is misleading, defamatory, 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.
e) Contain sexually explicit materials or hate/violent/offensive content.
f) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
g) Promote illegal activities or otherwise violate any applicable laws (this includes SPAM). If you want to send out any emails that advertise or promote giffgaff, you will need giffgaff's approval. Emails or other communications must comply with the Data Protection Act and any other relevant laws, in particular, the Privacy and Electronic Communications Regulations 2003.
h) Do not clearly state an online privacy policy to their visitors.
i) Use fraudulent means to prompt clicks.
j) Otherwise are considered inappropriate in giffgaff's view.
7.3.4. giffgaff will keep its right, title and interest in its names, logos, trademarks, service marks and copyrights, including those that it may use or develop in the future. Any goodwill resulting from your use of giffgaff's name, logos, trademarks, service marks and copyright will not create any right, title or interest for you as an MGM Affiliate.
7.3.5. You will maintain the quality of your services at a level satisfactory to giffgaff. giffgaff shall at times have the right to review your activities. You are responsible for notifying giffgaff of any problems with your participation in the Promotion.
7.3.6. You confirm that: (a) the promotion of giffgaff does not (i) infringe on giffgaff's or any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable laws or regulations; (iii) contain defamatory or libellous material; (iv) contain lewd, pornographic or obscene material; (vii) contain viruses, Trojan horses, or other similar harmful programmes; and (b) you have and comply with a privacy policy that is prominently displayed on your Site.
7.3.7. giffgaff shall not be liable for any direct, special, indirect, incidental or consequential damages (including, but not limited to loss of use, data, profits or business interruption) arising in any way out of this agreement, however caused and whether under contract, tort (including negligence), strict liability, or otherwise, even if giffgaff has been advised of the possibility of such damage.
7.3.8. 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.
7.3.9. Either giffgaff or you may terminate this agreement at any time, for any reason. giffgaff can terminate this agreement immediately if you breach any of these terms or conditions. You will have to immediately stop using giffgaff's name, logos, trademarks, service marks, creative work, when this agreement ends.
7.3.10. giffgaff may amend these terms from time to time.
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8. Our Website
8.1. Opinions expressed on this site are those of the respective contributing users only. These views do not represent those of giffgaff its management or employees. giffgaff is not responsible for and disclaims all liability for content and comments contributed by users.
8.2. You must not use the Blog or Forum to display any material which is:
8.2.1. racist, sexist or homophobic
8.2.2. pornographic, obscene, profane or vulgar
8.2.3. defamatory of any person, entity or organisation
8.2.4. abusive, threatening or otherwise likely to be harmful to those persons likely to use the giffgaff site
8.2.5. in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law
8.2.6. otherwise offensive in the opinion of giffgaff
8.2.7. infringing of the rights (including the intellectual property rights) of any legal or natural person; or
8.2.8. related to the conduct of a business other than giffgaff
8.3. Each user posting to a Blog or Forum understands that the blog post/comment can be traced to their specific user account containing their email address, user name, date and time of sign up and IP address at date and time of posting.
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. 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.
8.6. We will delete advertising posts, 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.
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9. Things we may have to do
9.1. Occasionally we may have to:
9.1.1. 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;
9.1.2. temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for your security;
9.1.3. bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer direct loss.
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10. Your Responsibilities
10.1. You Agree
10.1.1. and warrant that all factual information you provide to us is correct;
10.1.2. that the SIM Card is supplied to you under licence and shall at all times remain our property;
10.1.3. to contact giffgaff immediately if your SIM Card is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to cooperate with us in our reasonable security and other checks; and
10.1.4. to comply with the giffgaff Community Guidelines and terms and conditions relating to use of the giffgaff blog and forum.
10.2. If your SIM Card is lost, stolen, damaged or destroyed or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account.
10.3. You must not use or permit anyone else to use your SIM Card or the Service
10.3.1. fraudulently, or in connection with a criminal offence, in breach of any law or statutory duty;
10.3.2. to make a call or send a message, to take a pictures or video or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;
10.3.3. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
10.3.4. other than in accordance with acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;
10.3.5. to generate AIT; or
10.3.6. via a GSM Gateway so that the Service is provided via the GSM Gateway to third parties;
10.3.7. to persistently send unsolicited communications.
10.4.You must tell us immediately by e-mailing The Data Controller at datacontroller@giffgaff.com 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.
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11. Our Rights to Bar or Disconnect Your SIM Card
11.1. If you do not make or receive a call, SMS or use mobile Internet at least once in any 6 month period your SIM Card will be disconnected and you will lose any remaining credits/balance on your Account. If you wish to be re-connected after this time you will be given a new mobile phone number.
11.2. We may at our discretion bar or disconnect your SIM at any time, for reasons including but not limited to if we have reasonable cause to suspect fraudulent use of a credit card/debit card, your SIM Card.
11.3. In addition to anything else we can do, we may bar or disconnect your SIM Card at any time if:
11.3.1. you fail to comply with the Terms and Conditions in any material way; or
11.3.2. you contact us to report that your SIM Card is lost, stolen, damaged or destroyed; or
11.3.3. if you are persistently abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents; or
11.3.4. you use or permit any other person to use the Service to generate AIT; or
11.3.5. you use or permit any other person to use the Service via a GSM Gateway so that the Services are provided via the GSM Gateway to third parties; or
11.3.6. if you do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service to other giffgaff customers or may adversely affect the Network.
11.3.7. If your SIM Card is disconnected and you wish your SIM Card to be reconnected to the Network, you must contact giffgaff Member Service If we agree to reconnect you, you may pay a reconnection fee unless the disconnection was due to our negligence. A detail of the current charge is available on request.
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12. Limitation of Liability
12.1. We have no liability to you other than to exercise the reasonable skill and care of a competent mobile telecommunications provider or retailer.
12.2. We do not accept liability for indirect loss, such as loss of profit, loss of business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into), or any other form of economic loss.
12.3. You agree that giffgaff has no responsibility for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
12.4. We accept liability for death or personal injury to any person resulting from our own negligence.
12.5. If we are found liable to you, our liability to you under the terms and conditions will not exceed £3,000, except if we are found to be liable to you under Clause 12.4.
12.6. Each provision of this Clause 12 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.
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13. Matters Beyond Our Reasonable Control
If we cannot provide the Service to you because of something beyond our reasonable control, we will not be liable to you for this.
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14. Changes to the terms and conditions
14.1. We reserve the right to change our terms and conditions of Service from time to time. We will notify you of any changes to these terms by posting them on our website at giffgaff.com. In addition to this we may also notify you by messages via the Service (such as voicemail, text or media message) by means of national advertising campaigns or by email.
14.2. We will not notify you of call charges for premium rate services operated by third parties. Details of these charges and any changes will be available on our website giffgaff.com. Please check these before calling premium rate numbers.
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15. General
15.1. If you do not want your number displayed on receiving mobile phones, Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your telephone number on receiving handsets. Please note your number will be disclosed in relation to calls you make to emergency services.
15.2. If either of us fails to enforce any rights under the terms and conditions, it shall not prevent either you or us (as the case may be) from taking action later.
15.3. Maximum call duration is 9 hours.
15.4. These terms and conditions are governed by the laws of England and Wales.
15.5. If you want to complain please contact giffgaff using the 'contact us' link on giffgaff.com. Please include your mobile number in any correspondence.
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16. Mobile phone locking
Your mobile phone may be locked to another network. If this is the case, be aware that unlocking your handset my invalidate your handset's warranty and/or permanently damage the handset or the data stored on it, and does not excuse you from any contractual obligations you may have with the original network owner. Please read your network operator terms and conditions. Failure to enter the correct unlocking code may result in your mobile phone becoming permanently blocked. We can accept no responsibility for mobile phones blocked in this way.
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17. Internet Access
If you have a mobile phone which enables access to the Internet (Mobile Internet Phone) the following terms and conditions also apply to you.
17.1. We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their content.
17.2. For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service ('Information') whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.
17.3. Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the Internet, unless explicitly stated by us, are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.
17.4. 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.
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18. Use and Disclosure of Information
18.1. You authorise us to use and disclose, in the UK and abroad, information about you, your use of the Service (including, but not limited to, phone numbers/email addresses of calls, texts and other communications "Communications" made and received by you and the date, duration, time and cost of such Communications), how you conduct your account and the location of your mobile phone for the purposes of operating your account and providing you with the Service or as required under law to our associated companies or agents, any telecommunications company, debt collection agency or credit reference agency. You agree that the information may be used by other parties in assessing applications for credit from you and members of your household and for debt tracing, credit management and may be used by us or other parties for crime and fraud detection and prevention.
18.2. You also agree to the information described in clause 18.1 being used, analysed and assessed by us, and the other parties identified in clause 18.1 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network, your mobile phone, email, text (SMS), media messaging, automated dialling equipment or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please e-mail The Data Controller at, datacontroller@giffgaff.com stating your full name, address and mobile phone number.
Your information is treated in accordance with our Privacy Policy.
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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.
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giffgaff Limited, registered in England and Wales, registered office address: 260 Bath Road, Slough, Berkshire SL1 4DX, UK (company number 4196996)
