Terms & Conditions
The following Terms and Conditions apply from the 29 October 2020
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, 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 and some 08 numbers) are not included. Check giffgaff.com for more details about Charges and our latest rates 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 recurring bundle.
- 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.
Explanation of Certain Words
1.1. In these Terms and conditions:
means the giffgaff account which records details of the amount of airtime balance you have, from time to time;
means members or companies who have officially joined or become attached to giffgaff
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;
means the community blog webpage on giffgaff.com;
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;
means all the prices associated with the Service as described on giffgaff.com;
means the guidelines regulating your involvement in the giffgaff community as published here;
means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time;
“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;
means the community forum webpage on giffgaff.com;
means a Bundle including minutes, texts and data;
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
means an individual engaged in the giffgaff community and/or a user of the Service;
means the agents who support Members in their use of the Service, whose contact details are found on giffgaff.com;
means the cellular telecommunication system run by Telefónica UK Limited;
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 Guildelines;
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;
A device that is able to make and receive GSM voice and text calls;
means a Bundle 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 Bundle;
means a Bundle that has been requested by a Member to recur automatically each time the Member’s existing Bundle expires;
means copyright, trademark and other relevant proprietary and Intellectual Property Rights relating to Content;
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 or 4G) by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, the ability to access and use the giffgaff blog or forum, and any additional services we agree to provide to you;
means the process of creating an Account, making your first top-up or Bundle purchase and activating a SIM Card online at giffgaff.com;
means a card or other device provided to you by giffgaff and bearing a unique telephone number programmed to allow a mobile device to access the Service;
means a type of Participation whereby a Member orders a SIM Card via another Member, who then qualifies for Payback Points on activation of that SIM Card;
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, 260 Bath Road, Slough, Berkshire, SL1 4DX; and
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.
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 2.19 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 0.36p per megabyte. 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 goodybags.
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.
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 a 5G-ready sim, a 5G-enabled device and you may need to enable 5G within the settings on your device and do a software update if it does not have the software required to access 5G services. You're responsible for ensuring you have inserted and activated your 5G sim, 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 goodybags, 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 at https://www.giffgaff.com/coverage-and-service before signing up to our 5G services. 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 activate your 5G sim by visiting the sim activation page of our website and entering your new activation code in the box provided.
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.
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 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 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:
- k) Ensure the information you have provided to us in Participation or otherwise is accurate and up-to-date; and
- m) 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;
- n) 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
- o) 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, giffgaff reserves its right to impose standard Charges and/or Network protection controls (which may reduce your speed of transmission); remove a Bundle and/or Payback Points from your account or block access to the Internet at any time; prevent you from purchasing further Bundles; 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.
3.7. You must tell us immediately by emailing firstname.lastname@example.org, if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
3.8. 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.
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 Bundle;
- d) Setting your Account to apply a Queued Bundle; and/or
- e) Setting your Account to apply Recurring Bundles.
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.
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 Bundle using a credit/debit card or voucher once every 3 months (i.e. a Bundle 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 Bundle (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 Bundle or Recurring Bundle 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 bundle. You can cancel any of these options (and obtain a refund in respect of a pre-paid queued bundle) 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 Bundle payment.
4.10. If you purchase a Bundle while actively using your airtime credit top-up for Services, please restart your device to ensure your Bundle 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 can only be processed to the account used for payment and not a different PayPal address.
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 Top-up, Queued Bundle or Recurring Bundle associated with your Account; and
- b) We shall have no obligation to refund you in respect of any airtime credit or active Bundle 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.
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.
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 is £350
6.1. We recommend that you activate all of the Bundles 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 Bundle 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 Bundle 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 make a Bundle purchase or opt to start a new or already purchased Bundle early whilst your voice call is in progress, the Bundle will not start immediately, in relation to voice services. You should therefore end any voice call before your Bundle purchase to avoid your airtime credit being used to provide voice services to you instead of the newly purchased Bundle, i.e. voice services will only be provided from the Bundle from the beginning of the next call that is made after the Bundle is purchased. Data services and SMS are unaffected.
6.4 The day you first purchase a Bundle is your “Bundle initial purchase date” and it will expire at 23.59 the day before the corresponding day next month. If your Bundle initial purchase date is on a day not contained in the next month, your Bundle will expire on the closest possible day in that month and (if you have a recurring or queued Bundle) will start the next day. For example, if you purchase a Bundle on 31 January, it will run until 23.59 on 28 February and (if you have a recurring or queued Bundle) will start again on 1 March.
6.5. Where you have an active Bundle on your Account, each time you use the Service, your Bundle allowance will be reduced according to the duration and type of call/message or the amount of data used.
6.6. Standard out-of-Bundle Charges apply where you have used up any of your Bundle Service allowances and continue to use the associated Service. From time to time, giffgaff may provide functionality to allow you to purchase a new Bundle early on selected Goodybags or Bundles. If you are eligible and elect to take this option, your existing Bundle allowance shall be replaced by a new Bundle allowance.
6.7. Bundle 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 Bundle Service allowance. Calls and text messages to other numbers may be charged at out-of-Bundle rates as set out in the Charges.
6.8. We reserve the right to remove or vary the terms and/or allowance of any Bundle (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 Bundle 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 Bundle once it has been activated on your Account. Your legal rights are unaffected.
6.10. From your third Bundle purchase onwards, or from your next Bundle purchase onwards if you’ve already purchased three or more Bundles in the time you’ve been a Member, you’ll receive an extra 1 GB of data free on all Bundles worth £10, £12, £15, £20.
6.11. Bundle allowance details and associated terms can be found on giffgaff.com.
Additional terms in respect of Queued Bundles
6.12. Payment for each Queued Bundle will be taken at the time of purchase, not at the time the Bundle is activated on your Account.
6.13. If you buy a Bundle when another Bundle is active, and if you have used part of your Bundle allowance (as giffgaff may determine) you may have the option of making the new Bundle a Queued Bundle, to be applied once the existing Bundle period expires. Under certain circumstances, you may also start the new Bundle early as outlined in Clause 6.6.
Additional terms in respect of Recurring Bundles
6.14. Payment for each Recurring Bundle will be taken each time a new Bundle is activated on your Account, at which point we will notify you such payment has been taken by text and email.
6.15. New members wishing to use PayPal as their payment method in order to recur (instead of a saved credit or debit card) may do so from their second Recurring Bundle purchase onwards.
6.16 We shall be entitled to suspend, terminate or change your Recurring Bundle selection at any time, for any reason, and will give you reasonable notice of this where possible. Where we are changing your Recurring Bundle selection to your material disadvantage, we will notify you of this by text and/or email.
6.17 You can cancel Recurring Bundles at any time and you will still have the extra data until your Recurring Bundle expires. However, please note that some goodybags can only be purchased if you set your Account to Recurring Bundles.
6.18 If you no longer want to use 5G services, you will need to either
- a) request a 4G SIM card and you will be responsible for ensuring that you remove the 5G SIM card and replace it with a 4G SIM card; or
- b) if you don’t want to do a SIM card swap as set out at 6.18(a) above you may, if your device permits, disable 5G within the settings on your device. You will be responsible for this.
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 SMS to any mobile 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.
7.11. In order to qualify for Payback Points under Spread giffgaff Participation:
- a) You must ensure SIM Cards you distribute are 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) you must only have distributed SIM Cards through:
- iv. your own physical distribution;
- v. 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
- vi. requests made of you through social media or your own website that you control.
7.12. All new Members will get an additional £5 bonus credit if they use any of the Spread giffgaff promotion methods described in Clause 7.11(c) of these Terms and Conditions within six weeks (42 days) of activating their own SIM Card. The £5 bonus credit will only be applied to the first Spread giffgaff activation that takes place during such six week period. The credit will be applied within five working days of the Spread giffgaff activation.
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 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
- 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 reasonable 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;
- 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. The Super Recruiter Programme (the “Programme") is open to a worldwide audience aged 16 years or over (“Participants”).
7.19. To qualify for the Programme a Participant must recruit 15 or more new Members in their lifetime.
7.20. 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 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.
7.21. 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 twice 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.
7.22. 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.
7.23. 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;
- 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) any tax liability in their country of residence incurred as a result of taking part in the Programme.
7.24. 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.
7.25. The standard monthly SIM Card allowance for a Participant, unless otherwise agreed, will be 30 SIM Cards. The SIM Cards can be ordered from giffgaff.com Participants should allow approximately 14 days for delivery. SIM Cards must be activated in the UK and details about how to activate them can be found here.
7.26. Only SIM Cards ordered from a Participant’s Account through the giffgaff website are capable of qualifying Participants for rewards.
7.27. 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.
7.28. 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.
7.29. Subject to Clause 7.28, 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 giffgaff.
7.30. 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.
7.31. 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; or
- f) If the Participant has otherwise engaged in conduct which may breach any law or regulation or harm giffgaff’s reputation.
7.33. giffgaff accepts no responsibility for any incorrectly completed, lost or delayed registration applications, notices, acceptances or other documents related to the Programme.
7.34. 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.
7.35. All decisions by giffgaff on matters relating to the Programme are final and no correspondence will be entered into.
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 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.
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.
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 will be required to purchase a goodybag as part of their handset order (this does not apply to pre-owned devices). The goodybag is non-refundable without the full return of the device in accordance with and 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 Change of Mind 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. We recommend upgrading your postage to include insurance since we will take no responsibility for devices which are damaged in transit or not received.
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 returns 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 and you will need to contact an agent independently of returning your handset to receive a refund on your goodybag.
9.19. You may purchase 'nearly new' devices which we refer to as 'refurbished like new' devices. These have been returned during the 21-day Change of Mind period with no reported faults. They have been tested to ensure that they are fit for purpose and of satisfactory quality, and have been returned in their original condition. Nearly new devices are not provided in original packaging and come with a data cable. No other accessories or user guides are included. They include a 12-month warranty. Your legal rights won't be affected if you buy a nearly new device.
9.20. You may also 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 12-month warranty. Your legal rights won’t be affected if you purchase a recycled device.
9.21. 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.
9.22. Nothing in this Clause 9 affects your statutory rights.
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.
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.
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.
Your right to cancel
13.1. Subject to Clause 13.2 below, you are entitled to cancel your acceptance of these Terms and Conditions 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 us in writing to Member Services. 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 Bundle prior to cancellation you will not be refunded the used airtime credit or such proportion of the Bundle that you have used as calculated by us.
Our rights to bar or disconnect your SIM Card
13.3. 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);
- b) make at least one connection to the Internet;
- c) make at least one airtime credit or Bundle purchase
13.4. If your SIM Card is disconnected, you will lose any remaining credit or Bundle 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.
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.
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
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.
Use and Disclosure of Information
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 email@example.com. Neither we nor third parties will ever send marketing information to Members who are opted out of receiving it.
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.
How to Contact Us
If you need to contact giffgaff Member Service please visit giffgaff.com and click on ‘Contact Us’. The European Online Dispute Resolution site ec.europa.eu/consumers/odr/ allows consumers to submit disputes relating to online purchases with 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 resolutions.
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).
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.
2.4 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;
7.2.4 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.
9.1 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 firstname.lastname@example.org;
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.
11.1 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 email@example.com if you have queries about these Terms regarding the member giffgaff Pioneers.
Last updated: 14 May 2020
This app (the “giffgaff App”) is provided by giffgaff Limited 260 Bath Road, Slough, Berkshire, SL1 4DX, 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
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).
There are data charges for data downloaded over our mobile network. The data consumption will usually form part of your goodybag allowance or, if you do not have an active goodybag or have exceeded your goodybag 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 goodybag 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
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.
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.
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’ or ‘always on’ 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.
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.
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 our Always On goodybag, a goodybag with an unlimited UK data allowance, or our £20 goodybag, 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 an Always On goodybag, once you have used over 20GB of data, your speed will be reduced to 384 kbps between 8am and midnight GMT and you will be charged 0.36p per MB for the remainder of your goodybag. If you have, a goodybag with an unlimited UK data allowance, once you have used over 20GB of data, you will be charged 0.36p per MB for the remainder of your goodybag.
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. Always On and Unlimited data
With our goodybags that include an Always On or 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 ‘Always On’ and ‘Unlimited’ allowances when you’re roaming outside of the UK.
If you have an ‘Always On’ allowance, then after 80 GB of data used you'll experience a reduced data speed of 384kbps from 8am to Midnight. You may notice that activities which require high amounts of data, like HD video streaming, will be slower. Traffic Flow applies.
If you have a goodybag with ‘Unlimited’ allowance (including our ‘Unlimited’ golden goodybag) 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 goodybag at any time, having attempted to contact you first. If you have a goodybag, you will be charged 0.36p/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 goodybags.
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. If you’re not happy with a product or service bought online from us, you can also submit a complaint through the European Online Dispute Resolution.
This Fair Usage Policy was updated on 15 October 2020 to include your usage obligations when you buy a goodybag with an unlimited data allowance.
To be eligible to buy a golden goodybag you need to set up a recurring payment method and save a payment card. No alternative payment methods will be accepted. Includes UK calls, texts and data. Fair Usage Policy applies. goodybag allowances last for 1 month and early purchase of bundles is only available on selected bundles. Use up to 20 GB of the full allowance in the EU and selected destinations at no extra cost. After this, you’ll be charged 0.36p/MB (less than a penny) while roaming. Terms apply. See giffgaff.com