Terms and Conditions

These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by Flexphone Limited (hereinafter referred to as "we", "us", "our" or "Flexphone"). Any reference to "you" and "yours" refers to you, the user of the Service.

The Service is based in the UK, aimed at UK residents and intended for access and use by UK residents only. The use of some of the Services may be restricted to certain customers or customer groups (for example, customers subscribed to the Flexphone network). Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, provided such changes are reasonable and where possible, we will provide advance notice of major changes to the Service and any changes to the Terms and Conditions on Flexphone.co.uk. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you use any of the Services.

Your contract with us shall begin upon the earlier of you:

• completing our registration process and confirming that you have read and accepted these Terms; or
• viewing, accessing or using any Service offered by us which does not require registration.

We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services.
In addition to these Terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.

• We may delay enforcing our rights under these Terms without losing them.
• You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
• You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
• We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
• You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.
• The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.
• These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
• If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
• Flexphone reserves the right at all times to disclose any information as Flexphone deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
• These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.
• The general terms and conditions of the Vodafone airtime service (or those of Flexphone acting as a service provider) and the terms and conditions of the Vodafone prepay service (as applicable) shall also apply when using the Service if you have a mobile phone on the Vodafone network.

If you have any enquiries or problems concerning this Service, please contact Flexphone customer care on 191 from your mobile phone if you are a Flexphone customer (charged at your standard tariff) or 0845 330 9864 from any other phone (charged at your telephone provider's national rate) or email us by going to Flexphone.co.uk and clicking on "Support" and then "Contact Us" and completing the required form. You can also write to Flexphone Customer Care, Flexphone Limited, 92-98 Warwick Road, Ealing, London, W5 5PT. Monitoring or recording of your communications may take place in accordance with the law, and in particular for Flexphone's business purposes, such as for quality control and training, to prevent unauthorised use of Flexphone's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.

In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error. We reserve the right to change your password and account name at any time in our sole and absolute discretion. You agree to notify us immediately of any changes to or mistakes in your registration details.

For certain Services you may be required to choose a user name and a password. For any of the Services:

• the user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and
• if we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you.

We may change your password and username from time to time and we will notify you of any changes by using the contact details that you have provided to us.

All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is owned by Flexphone or has been licensed to Flexphone by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.

We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms.

You shall not be entitled in respect of any Content (wholly or partly):

• to pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or
• to change, edit, modify, reformat or adapt it in any other way.

You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.

You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:

• copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Content and/or the Service or any part thereof except as set out in these Terms;
• include or create links (including deep-links) to or from the Content and/or the Service;
• replicate the Flexphone homepage or create a separate border around any part of the Service or Content (also known as "framing");
• use the Service or the Content for any commercial purpose;
• use the Service and anything available from the Service for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
• use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
• harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;
• hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Service or any other website;
• collect and process others' personal data except in accordance with applicable data protection law;
• advertise or offer to sell goods or services;
• infringe any other person's intellectual property rights, including copyright;
• use the Service to harvest or collect information about users of the Service or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam");
• use the Service or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable.

You are responsible for any misuse of the Service or the Content even if it is by another person using your access to the Service.

We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms then you can do so. We are not responsible for any failure to remove, or delay in removing, any Content or third party material from the Service or for any good faith but wrongful removal of third party material.

We will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law or in the good faith belief that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.

Our usage of your personal information is governed by our Privacy Policy, which forms part of these Terms. PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.

If you are a Flexphone customer, MyFlexphone offers you the opportunity to view your bills and manage your account on-line. You will automatically be registered for this Service upon completion of your order with Flexphone. There is no additional charge for this Service, and electronic itemised billing is provided free of charge – Flexphone reserve the right to charge for paper-based billing. You will be able to access all of your bills for the last 3 months at any time.