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:

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 O2 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 100 per cent or more of your top ups;

   "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;

   "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, Wellington Street, Slough, Berkshire, SL1 1YP

   "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 terms and conditions 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. Until such time as you Register with us, but limited to a period of 6 months from the date you purchase your SIM Card.

   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 rated 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 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 cards not issued by UK banks or by certain card issuers (which currently include 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-ups.

   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.

   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. Free UK calls between giffgaff customers are subject to a minimum top up of £10 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-dail 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 the 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:

   )(i) in, any other device including a modem connected to a PC.;

   (ii) to allow the continuous streaming of any audio / video content,

   (iii) or 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 (if you have registered your email address with us).

   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

   5.1. Goodybags are available to all giffgaff customers, unless you are on a promotional tariff. This is a UK service only and cannot be used when roaming. You can purchase your goodybag at giffgaff.com. Once purchased, we will send you an e-mail and update your 'My giffgaff Newsfeed' to confirm purchase. Each goodybag will last for a month. The month period starts from the moment you successfully make your purchase and the goodybag is placed on your account. You can purchase a goodybag with a credit or debit card, or from your airtime balance.

   5.2. If you already have a goodybag, you can purchase another one with a credit or debit card. This will start once the current goodybag expires.

   5.3. Goodybag 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 one-off goodybag. To purchase from your balance you must also not currently have a goodybag on your account. In order to buy a goodybag you must have sufficient airtime balance. Standard charges apply once your goodybag allowance(s) have been used.

   5.5. To check your remaining goodybag balance, go to My giffgaff. You can also check through balance alerts and by dialling *100#.

   5.6. If you report your SIM lost or stolen, the goodybag 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 goodybag. Where we vary the terms of a goodybag 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 goodybag has been activated. Your statutory rights are unaffected.

   5.9. giffgaff's standard terms and conditions apply.

   5.10. You can have the following goodybags:
   a) Unlimited texts for £5 a month;
   b) 100 minutes, unlimited texts and data browsing for £10 a month;
   c) 300 minutes, unlimited texts and data browsing for £15 a month; or
   d) Unlimited minutes, texts and data browsing for £35 a month.

   5.11. 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;
   b) fraudulently;
   c) in such a way that adversely impacts the service to other giffgaff customers.
   d) goodybags which include unlimited data browsing, allow continuous streaming of audio/video content.

   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, remove the goodybag from your account or disconnect your tariff at any time, having attempted to contact you first.

   5.12. Goodybag data browsing is for mobile internet use only. All allowances are for UK use only.

   5.13. Inclusive calls and/or texts are for UK mobile numbers or UK standard landlines (starting 01 or 02 or 03) only. Picture, video messages and call forwarding are excluded.

   5.14. If you have qualified for free calling and texts to giffgaff mobiles, making a call to a giffgaff number will not use any of your goodybag minutes or texts.

   5.15. You must have a GPRS handset in order to use mobile internet. Browsing capability is subject to network coverage.

   5.16. For a full list of pricing visit our website.

6. Promotional Offers

   6.1. VIG In addition to the above terms, the following terms apply to members of the promotional offer.

   6.1.1. 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 SIM's that we view as having excessive use

   6.1.5. giffgaff reserves the right to amend or withdraw promotional offers at any time.

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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 or a UK cash bank transfer to you

   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 and have topped up your giffgaff SIM at least once in the 3 months prior to the Payback 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. Once you have been notified of your Payback you must claim your Payback within 14 days. Failure to do so will result in your points being defaulted to airtime credit on your giffgaff number.

   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 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.

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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.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.

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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 or SMS 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 11.4.

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

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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, before every call 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 17.1 being used, analysed and assessed by us, and the other parties identified in clause 17.1 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.co.uk 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.

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giffgaff Limited, (registered company number 04196996) Wellington Street, Slough, Berkshire, SL1 1YP.