Explanation of Certain Words
1.1. In these Terms and conditions:
"Account"
means the account which records details of the amount
of airtime balance you have, from time to time;
"AIT"
means Artificially Inflated Traffic and occurs where the
flow of calls to any particular revenue share service is, as a result of
any activity on or on behalf of the party operating that revenue share
service, disproportionate to the flow of calls which would be expected
from good faith commercial practice and usage of the Network;
"Charges"
means all the charges associated with the Service
described on giffgaff.com;
"Content"
means textual, visual or other information, software,
photos, video, graphics, music, sound and other material appearing on or
available through the Service including all information supplied by
content providers from time to time;
"GSM Gateway"
means a device (not designed or adapted to be
capable of being used whilst in motion) for wireless telegraphy designed
or adapted to be connected by wireless telegraphy to the Network or the
cellular telecommunications system of another network operator and used
solely for the purpose of sending or receiving messages conveyed by
means of the Network or the cellular telecommunications system of
another network operator;
"Intellectual Property Rights"
means: (i) any (and any rights
subsisting in any) patents, designs, trademarks and trade names
(whether registered or unregistered), copyright and related rights,
moral rights, database rights, know-how and confidential information;
(ii) all other intellectual property rights and similar or equivalent
rights anywhere in the world which currently exist or are recognised in
the future; and (iii) applications, extensions and renewals in relation
to any such rights;
"Network"
means the cellular telecommunication system run by
Telefónica UK Limited;
"Participation"
means customer involvement, such as referring a
friend, voting on business decisions, or answering questions on the
customer forum;
"Payback"
means a payback of the points you have earned by getting involved with giffgaff;
"Payback Date"
means the date specified by giffgaff to make the
Payback;
"Registration"
means our acceptance of your application to
register with us for the Service once you purchase call time from us.
"Register" has a corresponding meaning;
"Rights"
means copyright, trademark and other relevant
proprietary and intellectual property rights relating to Content;
"Service"
means any or all (as the case may be) of the following
services: airtime service enabling you to make or receive calls and to
send and receive data (via, for example, WAP, GPRS or 3G) by means of
the Network, the ability to send and receive email via the Internet, the
ability to access information from the Internet, the ability to access
and use the giffgaff blog or forum, and any additional services we agree
to provide to you;
"SIM Card"
means the card or other device bearing a unique
telephone number programmed to allow a mobile phone to access the
Service;
"SIM Activation"
means the card has been activated online at giffgaff.com. SIM activation is a process that includes creating an account for giffgaff and making your first top-up or goodybag purchase;
"Terms and conditions"
means these terms and conditions;
"Using the Service"
means when your Account is first activated or
when the SIM card is received by you, if later;
"WAP Services"
means services provided via Wireless Application
Protocol (a secure specification that allows users to access Content via
handheld devices such as a mobile phone);
"Web Services"
means services provided from our Website and any
additional websites linked from our Website.
"We", "us" and "our"
means giffgaff, 260 Bath Road, Slough, Berkshire, SL1 4DX
"You"
means the customer to whom the terms and conditions apply,
and it includes a person who we reasonably believe is acting with your
authority.
1.2. [Top]
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 inclue 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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