Terms and Conditions

2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.

2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.

2.3 We will exercise all reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.

2.4 The Services may not be available in all parts of the United Kingdom, in the EEA or abroad. The Services may also not be available outside the EEA unless you have international roaming and in any event may not be available in all areas abroad.

2.5 The Services are not fault free and may be impaired by issues including:

(a) too many people trying to use the Network;

(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);

(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and

(d) circumstances beyond our reasonable control.

2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.

3.1 This Agreement will start when we open an Account for you following Registration. By inserting your SIM you are expressly requesting that we provide you with our Services.

3.2 You must Register an Account within six months of the date on which you purchase the Device. We shall not be obliged to provide you with the Introductory Period if you fail to Register an Account in this time period.

3.3 The Introductory Period under this Agreement will start when you Register your account on the Website or via our mobile app available through the Google Play Store.

3.4 Upon expiry of the Introductory Period, you will need to apply Credit to your account or purchase Additional Services in order to continue to use the Services.

4.1 The Services which we agree to provide to you may not be available in all parts of the UK or abroad. Unless you have purchased a TakeAway plan, we will provide roaming services in the EEA in accordance with applicable legislation. We reserve the right to add to, substitute, or to discontinue any part of the Services at any time. We do not guarantee the continuing availability of any particular part of the Services. Not all devices will be able to receive the Services.

4.2 The Services are not fault free and they may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our reasonable control.

4.3 The network coverage and the data speed will vary due to a number of factors including your location, local geography, congestion, your plan and the type of device that you are using. For example, you would only be able to use 5G services with a 5G ready device, eligible plan and within the 5G coverage area. For more information please visit https://www.idmobile.co.uk/help-and-advice/coverage.

4.4 If you use your SIM Card abroad, you will be charged for the calls that you receive as well as for those that you make except when you roam in the Economic European Area in which case, subject to our Fair Use Policy, your voice and SMS usage will be charged at the same rate as the UK rate and your data allowance will be calculated in accordance with the EU Roaming Regulations. Charges incurred using your roaming service may take longer to be charged than normal Charges.

4.5 The Services may be used by you to access or link into websites, resources and/or networks based outside of the UK. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

4.6 Devices sold directly from us as are not locked. However, if the device you are using is purchased elsewhere and is now locked following use of an iD mobile Sim, and you want it to be unlocked from our network, you can contact us and we can help to arrange for your device to be unlocked free of charge in an authorised manner. Prior to us arranging for your device to be unlocked, you must ensure that you have separate copies of any information, videos, pictures or other data on the device which you want to keep, as this will be lost during the device unlocking process. We will not be liable for any damage, loss or erasure of any such data. The software in the devices and all intellectual property rights in that software is owned or licensed by the manufacturer and you are being allowed to use the software on a limited licence from the manufacturer.

4.7 Prior to us arranging for your device to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the device which you may need, as this may be lost during the device unlocking process. We're not responsible for any information or any other data which may be lost during the unlocking process.

4.8 You are able to use the Service to call the emergency services. Your number will be shown to the emergency operator. When making an emergency call, your location information will be provided to the emergency operator to the extent technically feasible.

4.9 If the PAC / N-PAC process is delayed and the delay is our fault, you may be entitled to Porting Delay Compensation in the form of one-off reimbursement of a portion of your Charges. Contact ID customer services to find out more.

5.1 You may Register an Account in order to use the Services and benefit from the Introductory Period. Your SIM Card may be barred from the Services until you have completed Registration.

5.2 It is your responsibility to provide accurate Personal Information during the Registration process. Failure to do so will result in an inability to pass Data Protection regulations and security processes if you need to contact Us and provide verification information. It is a condition of this Agreement that you provide us with a current email address for account management purposes and that you maintain this address and advise us promptly of any changes to it.

5.3 You may only use the Services as set out in this Agreement and for your own personal use. This means you must not resell or commercially exploit any of the Services or content.

5.4 You must not use the Services, the SIM Card or any Equipment or allow anyone else to use the Services, the SIM or any Equipment for illegal or improper uses, including but not limited to:

5.4.1 fraudulent, criminal or other illegal activity;

5.4.2 any way which breaches another person's rights, including copyright or other intellectual property rights;

5.4.3 the copying, storage, modification, publishing or distribution of the Services or their content, except where we give you permission in writing;

5.4.4 any way which breaches any security or other safeguards or any other way which harms or interferes with the Network, the networks or systems of others or Services;

5.4.5 falsifying or deleting any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; or

5.4.6 the use or disclosure of details relating to our customers.

5.5 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and account. You must only use your Device for connection to the Network and also comply with all relevant legislation relating to its use.

5.6 You agree to use your SIM Card and the Services in accordance with the terms of this Agreement and any User Guides or other instructions issued by us. You acknowledge that the SIM Card provided by us to you does not belong to you but remains our property and that you cannot sell your SIM Card or agree to transfer any number associated with it (other than through the standard porting process) without our consent.

5.7 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the List of Charges for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you have notified us of the need to suspend the Services.

5.8 You must not use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise, you must not reverse the charges on any telephone call or accept a reverse charged call.

5.9 You must not use or permit any other person to use the Services:

5.9.1 fraudulently or in connection with a criminal offence;

5.9.2 to send a call or message, send, upload, download, use or re-use any material which may reasonably be deemed racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights or confidence or privacy or which is otherwise objectionable or unlawful;

5.9.3 to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or

5.9.4 to generate Artificially Inflated Traffic.

5.10 You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.

5.11 You agree that you are procuring the SIM Card provided by us to you and the Services solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.

5.12 Your SIM Card can only be used in conjunction with current commonly used 3G or higher device technologies and cannot necessarily be used with new technologies that emerge in the future.

5.13 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services 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.

6.1 Please contact the retailer from whom you bought the Device if you have any problems with it.

7.1 Please contact us if you have any problems with the Services. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us.

7.2 If you no longer want to continue using the Services, we recommend you destroy the SIM card and not return the SIM card to us. It will automatically disconnect after 4 months of no chargeable Service, Top-Up or Bundle purchase and you will not be refunded for any remaining Top-Up credit. Please note, that you must request a PAC code if you want to transfer your number to another network.

8.1 Occasionally we may have to:

8.1.1 alter the mobile phone number or any other name, code or number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case, we will give you reasonable notice;

8.1.2 change your SIM Card;

8.1.3 recall or replace your Device;

8.1.4 give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;

8.1.5 temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; or

8.1.6 bar certain parts of the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.

8.2 From time to time we may have to migrate your account from one platform to another. In these circumstances, we will notify you if migration of your account will affect the Services to your detriment in any way.

8.3 If we believe that we may be unable to continue to provide the Services on a particular network for any reason, such as planned or unplanned incidents impacting Services, we may transfer the mobile phone number to another network. On transfer, we will attempt to continue to make available to you the Services, or similar services.

8.4 We reserve the right to monitor your usage, if we reasonably determine that your use is in breach of any applicable Fair Use Policy, we may do one or all of the following:

8.4.1 request you to moderate your use; or

8.4.2 suspend your Service.

8.5 We reserve the right to manage your use of the iD Mobile network in order to protect it for the use of all our customers. Therefore, we may deploy traffic management measures from time to time in an event which in any way breaches security measures, harms or interferes with our network, systems or services or legally required. We reserve the right to review and amend any such measures from time to time and details of our current traffic management policy can be found on our website https://www.idmobile.co.uk/online-traffic-statement.

9.1 We can, at our discretion, bar your SIM Card from making calls (other than to the emergency services), sending MMS and/or SMS messages and/or sending or receiving data and/or disconnect your SIM Card from the Network:

9.1.1 any of the circumstances in clauses 8, 5.9 or 5.10, apply to you;

9.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment method, your SIM Card, Account and/or Device; or

9.1.3 if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents

9.2 You must pay any reconnection costs if we bar your access to the Services and/or your Device or SIM Card are disconnected from the Network;

9.3 If we bar your Services because you breach this Agreement, the Agreement will still continue until it is ended by notice in accordance with clause 10;

9.4 We will not refund any unused Credit during or after expiry of the Introductory Period if we exercise our right to disconnect or bar you from the Network.

10.1 You may terminate this Agreement by contacting us. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/contactus to give us notice of termination. You will not be able to claim back any Credit on your Account or any sums in relation to any unused part of the Introductory Period. This Agreement will terminate once we have processed your request;

10.2 Either of us may terminate this Agreement at any time on notice to the other, without any liability, if that other party (the "Defaulting Party");

10.2.1 breaches this Agreement in a material way and does not put it right (where it is possible to do so) within a reasonable period after a request to do so; or;

10.2.2 has bankruptcy or insolvency proceedings brought against them, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of that Defaulting Party's assets or that Defaulting Party becomes bankrupt or goes into liquidation;

10.3 We may terminate this Agreement at any time on notice, without liability, if;

10.3.1 we have reasonable cause to suspect a fraudulent payment has been made to purchase the Device, the SIM Card or the Services;

10.3.2 we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the SIM Card or any Equipment is taking place; or

10.3.3 you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network such as for example creating a GSM Gateway, Artificially Inflated Traffic or similar.

10.4 You may also end this Agreement, without penalty, immediately by notifying us if;

10.4.1 the Services are no longer available to you for a significant period of time (such a period not to be less than 7 days); or

10.4.2 we notify you of an upcoming change or variation of the terms of this Agreement in accordance with clause 1 and you notify us before those changes take effect;

10.5 We may also end this Agreement immediately by notifying you;

10.5.1 where we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to clause 2 to 5.11 (inclusive);

10.5.2 we have reasonable cause to suspect the SIM Card, the Device and/or the Services have been purchased through fraudulent means or that this Agreement has been entered into fraudulently; or

10.5.3 if you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network.

10.5.4 if there is no chargeable activity for 120 days or more. We will notify you via SMS after 90 days of no chargeable activity;

10.6 If you wish to terminate this Agreement, please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/contactus;

10.7 If this Agreement is ended;

10.7.1 your access to the Services will be disconnected;

10.7.2 Any unused Credit or will be lost (whether or not this Agreement is ended during the Introductory Period); and

10.7.3 you will no longer be entitled to use any number associated with your SIM Card unless you have ported the number to another network.

10.8 We may suspend or terminate the provision of the Services where this is strictly necessary:

10.8.1 for reasons outside of our control; or;

10.8.2 if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

10.9 If the Services are suspended, this Agreement will still continue.

10.10 If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you will use the Services only in accordance with the terms of this Agreement. We will continue to provide access to emergency services.

10.11 Notwithstanding the provisions of this clause, you may be able to terminate this Agreement in accordance with the terms of sale (or similar) that apply to you.

10.12 If, when your agreement with us ends, you would like to move to another network provider, you can do so by using either the PAC or N-PAC process. The following terms apply:

10.12.1 The PAC process must be used when you wish to switch your provider and keep, or port your number;

10.12.2 The N-PAC process (also known as STAC) must be used by when you do not wish to port your number. Using the N-PAC process means that your existing mobile number from the previous provider will be terminated and you will not be able to reactivate it;

10.12.3 You can request your unique codes by text: for PAC, text to 65075, for N-PAC text to 75075, or for INFO text to 86075; you can also request them online in MyAccount via my.idmobile.co.uk/ or by calling iD customer services on 7777 using your iD phone;

10.12.4 You will not be charged for any notice period after the PAC / N-PAC process has been completed.

11.1 The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Device and the information stored on it. These programs may perform actions that you have not authorised, possibly without your knowledge.

11.2 We or our contractual partners may provide links to other websites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, goods, services, digital content or merchants found by using your Device are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods, services or digital content offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods, services or digital content or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.

11.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Services whether publicly posted or privately transmitted, is the sole responsibility of the person from which such information originated. This means that you, and not us, are entirely responsible for all information that you upload, email or otherwise transmit via the Internet.

11.4 We will use reasonable endeavours to maintain the Content produced or published by us 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 the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.

11.5 The Services enable access to the Content. You may only use the 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. The reselling, 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 the Content for your personal use only.

11.6 Once you have Registered to use the Services, your Internet access provided through the Services will have been programmed so that you are barred from accessing Content that we deem to be reserved for adult audiences. The ability to access adult Content is subject to status and us being satisfied that you are over 18 years of age. If you want to have your Services unbarred, then you should amend your adult content filter within the iD App or MyAccount my.idmobile.co.uk/ or contact us. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us. For more information on the adult content filter, please visit www.idmobile.co.uk/help-and-advice/content-control-information.

12.1 The Charges for the Services will be made in accordance with our List of Charges using the details we have recorded. The List of Charges may change from time to time.

12.2 You are responsible for all Charges arising under this Agreement whether incurred by you or anyone else using your Device and/or SIM Card with or without your knowledge at the times and in the manner set out in this Agreement.

12.3 Upon expiry of the Introductory Period, you will be required to purchase Credit in order to use the Services. You will not be able to use the Services if you have no Credit on your Account or allowances which provide access to the Services. Credit and allowances are non-refundable. Upon expiry, any unused Credit or allowances will be lost.

12.4 Unless an additional Top-Up has been made, any unused Credit will expire after a period of 365 days from the date of purchase and unused allowances will expire as specified and this is non-refundable.

12.5 If you don't apply any Credit to your account, purchase a bundle, or make a chargeable event within 4 months of the expiry of the Introductory Period or, if later, the date you last applied Credit to your Account, your Account may be disconnected.

12.6 If we provide you with Credit to your account (for example, as a goodwill gesture), such Credit will be deducted against your Charges until the Credit has been used. This Credit cannot be redeemed for cash and any unused credits are non-refundable upon disconnection or termination of this Agreement.

12.7 You will have to pay for replacement SIM Cards at the price as stated in our List of Charges at that time.

12.8 Additional data charges may apply when used outside the UK and the EEA and you will have to purchase Credit or Additional Services to use the Services outside of the UK and the EEA.

12.9 If you have access to the Services outside of the Introductory Period, you must have a balance greater than or equal to zero to retain the Services, or any additional allowances purchased through your Account.

12.10 Calls made by Pay As You Go customers in the UK to eligible UK numbers, are charged or deducted per minute (rounded up to the nearest minute) with a 1 minute minimum charge.

12.11 For all customers, calls made in the UK to eligible international numbers are charged in one minute increments rounded up to the nearest minute.

12.12 When roaming in the EEA, charges for calls you make will be charged or deducted per second (rounded up to the nearest second) with a 30 second minimum charge. When roaming other than in the EEA, you will be charged for the calls you make and receive by the minute or less and any part minute will be rounded up to the nearest whole minute or less. This is dependent on the location you are roaming in. Details of these charges will be set out in our List of Charges. MMS or SMS messages made outside the EEA may be charged other than in whole penny increments. Within the EEA, SMS messages will be deducted from your domestic allowance and MMS, from your data allowance.

12.13 UK Data usage made by Pay As You Go customers are charged or deducted, in one kilobyte (KB) increments and any part KB used will be rounded up to the nearest KB.

12.14 The Access Charge you pay is set at £0.45 per call to an Unbundled Tariff Number.

13.1 We will not be liable under this Agreement for any loss or damage caused by circumstances where:

13.1.1 there is no breach of a legal duty of care owed to you by us;

13.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

13.1.3 such loss or damage results from the breach by you of any term of this Agreement.

13.2 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

13.3 Nothing in this Agreement shall:

13.3.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or

13.3.2 limit your rights as a consumer under applicable UK law.

13.4 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.

13.5 Each provision of this clause operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.

14. Neither of us shall be liable to the other if we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities.

15.1 We need to collect certain Personal Information in order to provide you with the Services. This Personal Information will form part of a record of your dealings with us.

15.2 When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Group (and the Manager's Group). This includes:

15.2.1 details you give us on order forms or during communications with you; and

15.2.2 details we receive from credit reference and fraud detection agencies.

15.3 You agree that we may use and update your Personal Information:

15.3.1 to manage your accounts;

15.3.2 to make credit, fraud and identity checks on you (i) prior to accepting any order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;

15.3.3 to provide you with goods and/or services that you have ordered;

15.3.4 to prevent and detect fraud, crime and money laundering;

15.3.5 to update our records about you; and

15.3.6 to check your identity;

15.3.7 to segment our customer base and help us develop offers, products and services to provide you with the best customer experience;

15.3.8 where we have your permission to, we will market and advertise our Services, iD products and occasionally third party products and services that may be of interest to you including third party offers, promotions, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email or online or via applications;

15.3.9 to recommend packages for you based on your use of the Services e.g. if you regularly exceed your voice or data plan, we may suggest you moving to a better Tariff;

15.3.10 to contact you to invite you to form part of our consumer panel or research groups about our products and services or customer satisfaction surveys (you may be contacted by third parties on our behalf); or

15.3.11 to provide you with personalised services and communications as well as targeted advertising from iD on our website and selected partner websites.

15.4 If you give us false or inaccurate information or we identify fraud, we may record this.

15.5 We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies.

15.6 Credit reference agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.

15.7 Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

15.8 We may also enable third party partners to tailor ads which are more relevant and useful to you when you are browsing the internet or are using mobile apps. This may involve the use of cookies and other similar technologies. Personalisation may be based on various factors such as your age and gender, your device details or your inferred interests but we will not share any information with these third parties which directly identifies you. However, by interacting with or viewing an ad, you should be aware that the third party may make the assumption that you meet the targeting criteria used to display the ad. You can opt out of targeting of advertising from third parties (so that you receive ads without using this information). For more information, please visit www.youronlinechoices.com/uk/. We may use your location if you have told us that you are interested in location based offers and services.

15.9 We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

15.10 When assessing an application, we may use automated decision-making systems.

15.11 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group (and the Manager may disclose within its Group), we will only disclose it outside the Group when:

15.11.1 you give us your consent;

15.11.2 it is needed by certain reputable third parties involved in running accounts and/or providing services for us;

15.11.3 it is needed in order to obtain professional advice;

15.11.4 it is needed to investigate or prevent crime;

15.11.5 the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or

15.11.6 there is a duty to the public to reveal the Personal Information.

15.12 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.

15.13 We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.

15.14 Where we process sensitive Personal Information, we will employ appropriate security measures and safeguards.

15.15 If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you, please write to us at: iDMobile SAR, PO Box 689, SALFORD, M5 OPD enclosing:

15.15.1 your full name, address, and mobile number;

15.15.2 proof of your identity (this can be a photocopy of your passport, birth certificate or driver's licence);

15.15.3 proof of your address (this can be a recent credit or debit card statement or a photocopy of a utility bill showing the same name and address as on your Account and which is no more than three months old); and

15.16 With your consent, we will contact you with marketing material. You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by logging onto My iD at my.idmobile.co.uk/ and visiting the My Account area, as well as the iD app.

15.17 We may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Device or it is stolen from you. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us if you do not want your information to be passed to MEND and/or SEND.

15.18 It is your responsibility to ensure that you notify any change of device to MEND and SEND to ensure that there is no interruption of their service to you.

15.19 If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.

16.1 All calls to the iD Customer Services Representatives may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.

17.1 You may send us notices under or in connection with this Agreement. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us.

17.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should retain.

17.3 We may send notices to you under or in connection with this Agreement:

17.3.1 by posting them to the address of which you have informed us;

17.3.2 by SMS, if you have provided us with your mobile phone number,

17.3.3 by email to the email address you provided during Registration; or

17.3.4 by push notification to your Mobile Device.

17.4 Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or email shall be deemed to have been delivered the day after the day the notice is sent.

18.1 If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. Please visit our website for details of our complaints procedure www.idmobile.co.uk/help-and-advice/complaints-procedure.

18.2 If we can't resolve your query, you may ask that the matter is referred to an independent ombudsman, the details of which are available on our website – www.idmobile.co.uk/help-and-advice/complaints-procedure or by contacting us. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us.

18.3 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the UK.

19.1 Subject to clauses 2 and 19.3 below, we reserve the right to change the terms and conditions of this Agreement, including any Charges, at any time, save that we will not make any alterations to the Introductory Period unless this is due to circumstances outside our control.

19.2 We will give you notice of any changes either by writing to you, emailing you or sending you an SMS, in addition to which we will publish them on our Website.

19.3 If any changes to this Agreement are likely to disadvantage you, we will give you at least one month's notice of such changes. In turn, you may end this Agreement in accordance with clause 6. Your continued use of the Services will signify your acceptance of such changes and you will be bound by them accordingly.

20.1 We can transfer the benefit and you agree that we can transfer the obligations under this Agreement to any third party (including, without limitation, any member of the Group), without notice to you or your consent. We have subcontracted the administration and management of the services we provide to iD Mobile Ltd the Manager).

21.1 Other than as provided for under Clause 20.1 above, nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

22.1 You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

22.2 If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action at a later time. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we elect just to suspend them instead, we can still end this Agreement if you breach it again.

22.3 When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.

22.4 If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our List of Charges from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your mobile phone number on receiving handsets.

22.5 For your own protection, you must keep confidential the electronic serial number of your Mobile Device, any lock code(s) associated with your Mobile Device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.

22.6 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Device. Depending upon the manufacturer and model, your Mobile Device may send information stored on it and receive information to and from certain third parties without your knowledge.

22.7 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.

22.8 These conditions also apply if you lend or give your Mobile Device to someone else.

23.1 You will be provided with a Customer Services PIN number via SMS when your order for a Post-Pay Tariff has been accepted by us. You will be required to change your PIN the first time you call iD Customer Services Representatives, and it is your responsibility to protect your PIN. This may also be found and changed via the iD app or My Account at my.idmobile.co.uk/.

23.2 Customer Services PIN number allows to you to interact with iD Customer Services Representatives and access information regarding your account, including (but not limited to) your outstanding balance and usage and allowance information, purchasing Additional Services and bundles, activating/deactivating any Additional Services you may have on your account and performing manual payments. Please note that our customer services team will be unable to discuss any account details with you unless we can verify your identity (using the PIN or security questions).

24.1 You confirm that you have full contractual capacity to agree to this Agreement and you confirm that you are able to pay the Charges under this Agreement.

25.1 This Agreement shall be governed by English law, unless you live in Scotland in which case, this Agreement shall be governed by Scots law.

26.1 We currently range two different grades of device, with the top grade being Refurbished.

26.2 Our Refurbished ‘phones are handsets that been thoroughly restored to an as new standard, free from any blemishes or marks, passed rigorous quality control tests, and come with a 12 month warranty and with the same returns policy as a new handset for complete piece of mind.

26.3 What to expect from a refurbished, as new phone:

26.3.1 Completely refurbished front and back to an as new standard free from any blemishes or marks:

26.3.2 Security wiped with no content or contacts;

26.3.3 Comes with the latest operating system;

26.3.4 Comes in a plain white box, not in original packaging, but includes a charger;

26.3.5 12 months warranty as standard;

26.3.6 User manuals can be downloaded from the manufacturer's website.

26.4 Our Grade A phones are handsets that have been thoroughly restored to Grade A, passed rigorous quality control tests, and come with a 12 month warranty and come with the same returns policy as a new handset for complete peace of mind.

26.5 What to expect from a Grade A phone:

26.5.1 Some superficial scratches / scuffs on the back, sides and / or screen

26.5.2 No cracks on the screen and no more than 5 deep scratches or chips of up to 2mm in length

26.5.3 Security wiped with no content or contacts

2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.

2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.

2.3 We will exercise all reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.

2.4 The Services may not be available in all parts of the United Kingdom, in the EEA or abroad. The Services may also not be available outside the EEA unless you have international roaming and in any event may not be available in all areas abroad.

2.5 The Services are not fault free and may be impaired by issues including:

(a) too many people trying to use the Network;

(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);

(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and

(d) circumstances beyond our reasonable control.

2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.

2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.

2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.

2.3 We will exercise all reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.

2.4 The Services may not be available in all parts of the United Kingdom, in the EEA or abroad. The Services may also not be available outside the EEA unless you have international roaming and in any event may not be available in all areas abroad.

2.5 The Services are not fault free and may be impaired by issues including:

(a) too many people trying to use the Network;

(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);

(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and

(d) circumstances beyond our reasonable control.

2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.

3.1 This Agreement will start when we open an Account for you following Registration. By inserting your SIM you are expressly requesting that we provide you with our Services.

3.2 You must Register an Account within six months of the date on which you purchase the Device. We shall not be obliged to provide you with the Introductory Period if you fail to Register an Account in this time period.

3.3 The Introductory Period under this Agreement will start when you Register your account on the Website or via our mobile app available through the Google Play Store.

3.4 Upon expiry of the Introductory Period, you will need to apply Credit to your account or purchase Additional Services in order to continue to use the Services.

4.1 The Services which we agree to provide to you may not be available in all parts of the UK or abroad. Unless you have purchased a TakeAway plan, we will provide roaming services in the EEA in accordance with applicable legislation. We reserve the right to add to, substitute, or to discontinue any part of the Services at any time. We do not guarantee the continuing availability of any particular part of the Services. Not all devices will be able to receive the Services.

4.2 The Services are not fault free and they may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our reasonable control.

4.3 If you use your SIM Card abroad, you will be charged for the calls that you receive as well as for those that you make except when you roam in the Economic European Area in which case, subject to our Fair Use Policy, your voice and SMS usage will be charged at the same rate as the UK rate and your data allowance will be calculated in accordance with the EU Roaming Regulations. Charges incurred using your roaming service may take longer to be charged than normal Charges.

4.4 The Services may be used by you to access or link into websites, resources and/or networks based outside of the UK. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

4.5 Devices which can be used to access the Services may be locked to our network. If your device is locked and you want it to be unlocked from our network, you can contact us and we can help to arrange for your device to be unlocked (where we are able to) in an authorised manner (which may include replacing your device with an unlocked device, which is the same or similar specification to your device).

4.6 Prior to us arranging for your device to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the device which you may need, as this may be lost during the device unlocking process. We're not responsible for any information or any other data which may be lost during the unlocking process.

4.7 You are able to use the Service to call the emergency services. Your number will be shown to the emergency operator. When making an emergency call, your location information will be provided to the emergency operator to the extent technically feasible.

4.8 If the PAC / N-PAC process is delayed and the delay is our fault, you may be entitled to Porting Delay Compensation in the form of one-off reimbursement of a portion of your Charges. Contact ID customer services to find out more.

5.1 You may Register an Account in order to use the Services and benefit from the Introductory Period. Your SIM Card may be barred from the Services until you have completed Registration.

5.2 It is your responsibility to provide accurate Personal Information during the Registration process. Failure to do so will result in an inability to pass Data Protection regulations and security processes if you need to contact Us and provide verification information. It is a condition of this Agreement that you provide us with a current email address for account management purposes and that you maintain this address and advise us promptly of any changes to it.

5.3 You may only use the Services as set out in this Agreement and for your own personal use. This means you must not resell or commercially exploit any of the Services or content.

5.4 You must not use the Services, the SIM Card or any Equipment or allow anyone else to use the Services, the SIM or any Equipment for illegal or improper uses, including but not limited to:

5.4.1 fraudulent, criminal or other illegal activity;

5.4.2 any way which breaches another person's rights, including copyright or other intellectual property rights;

5.4.3 the copying, storage, modification, publishing or distribution of the Services or their content, except where we give you permission in writing;

5.4.4 any way which breaches any security or other safeguards or any other way which harms or interferes with the Network, the networks or systems of others or Services;

5.4.5 falsifying or deleting any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; or

5.4.6 the use or disclosure of details relating to our customers.

5.5 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and account. You must only use your Device for connection to the Network and also comply with all relevant legislation relating to its use.

5.6 You agree to use your SIM Card and the Services in accordance with the terms of this Agreement and any User Guides or other instructions issued by us. You acknowledge that the SIM Card provided by us to you does not belong to you but remains our property and that you cannot sell your SIM Card or agree to transfer any number associated with it (other than through the standard porting process) without our consent.

5.7 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the List of Charges for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you have notified us of the need to suspend the Services.

5.8 You must not use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise, you must not reverse the charges on any telephone call or accept a reverse charged call.

5.9 You must not use or permit any other person to use the Services:

5.9.1 fraudulently or in connection with a criminal offence;

5.9.2 to send a call or message, send, upload, download, use or re-use any material which may reasonably be deemed racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights or confidence or privacy or which is otherwise objectionable or unlawful;

5.9.3 to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or

5.9.4 to generate Artificially Inflated Traffic.

5.10 You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.

5.11 You agree that you are procuring the SIM Card provided by us to you and the Services solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.

5.12 Your SIM Card can only be used in conjunction with current commonly used 3G or higher device technologies and cannot necessarily be used with new technologies that emerge in the future. Your SIM Card and/or Device cannot be used in conjunction with or as a modem, dongle or Mobile Hotspot device unless stated at point of sale.

5.13 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services 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.

6.1 Please contact the retailer from whom you bought the Device if you have any problems with it.

7.1 Please contact us if you have any problems with the Services. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us.

7.2 If you no longer want to continue using the Services, we recommend you destroy the SIM card and not return the SIM card to us. It will automatically disconnect after 4 months of no chargeable Service, Top-Up or Bundle purchase and you will not be refunded for any remaining Top-Up credit. Please note, that you must request a PAC code if you want to transfer your number to another network.

8.1 Occasionally we may have to:

8.1.1 alter a name, code, number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case we will give you reasonable notice;

8.1.2 change your SIM Card;

8.1.3 recall or replace your Device;

8.1.4 give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;

8.1.5 temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; or

8.1.6 bar certain parts of the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.

8.2 From time to time we may have to migrate your account from one platform to another. In these circumstances, we will notify you if migration of your account will affect the Services to your detriment in any way.

8.3 If we believe that we may be unable to continue to provide the Services for any reason we may transfer the number associated with your SIM Card to another network. On transfer, we will continue to make available to you the Services, or similar services.

8.4 We reserve the right to monitor your usage, if we reasonably determine that your use is in breach of any applicable Fair Use Policy, we may do one or all of the following:

8.4.1 request you to moderate your use; or

8.4.2 suspend your Service.

8.5 At certain times the Network traffic will be managed when it begins to affect other customers on our Network that are also using, or trying to use, the Services. We may publish an acceptable use policy and a traffic management policy which provide more details about the rules for use of certain services in order to ensure that use of the Services is not excessive, to combat fraud and where the Services we offer or may introduce require certain rules to ensure they can be enjoyed by our customers. The Services are at all times subject to our Fair Use Policy and any other policy we adopt. If we publish a further policy, we will let you know. Such a policy may be amended from time to time, for instance, if we discover that the Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain services is causing problems for us, our systems or for other users, or if we introduce new services which may require certain rules to ensure that such new services can be enjoyed by our customers. Again, we will let you know if this happens.

9.1 We can at our discretion bar your SIM Card from sending or receiving data and/or disconnect your SIM Card from the Network if:

9.1.1 any of the circumstances in clauses 8, 5.9 or 5.10, apply to you;

9.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment method, your SIM Card, Account and/or Device; or

9.1.3 if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.

9.2 You must pay any reconnection costs if we bar your access to the Services and/or your Device or SIM Card are disconnected from the Network.

9.3 If we bar your Services because you breach this Agreement, the Agreement will still continue until it is ended by notice in accordance with clause 10.

9.4 We will not refund any unused Credit during or after expiry of the Introductory Period if we exercise our right to disconnect or bar you from the Network.

10.1 You may terminate this Agreement by contacting us. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/contactus to give us notice of termination. You will not be able to claim back any Credit on your Account or any sums in relation to any unused part of the Introductory Period. This Agreement will terminate once we have processed your request over the telephone.

10.2 Either of us may terminate this Agreement at any time on notice (in accordance with clause 4 below) to the other, without any liability, if that other party (the "Defaulting Party"):

10.2.1 breaches this Agreement in a material way and does not put it right (where it is possible to do so) within a reasonable period after a request to do so; or;

10.2.2 has bankruptcy or insolvency proceedings brought against them, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of that Defaulting Party's assets or that Defaulting Party becomes bankrupt or goes into liquidation.

10.3 We may terminate this Agreement at any time on notice (in accordance with clause 4 below), without liability, if:

10.3.1 we have reasonable cause to suspect a fraudulent payment has been made to purchase the Device, the SIM Card or the Services;

10.3.2 we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the SIM Card or any Equipment is taking place; or

10.3.3 you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network such as for example creating a GSM Gateway, Artificially Inflated Traffic or similar.

10.4 You may also end this Agreement, without penalty, immediately by notifying us if:

10.4.1 the Services are no longer available to you for a significant period of time (such a period not to be less than 7 days): or

10.4.2 we notify you of an upcoming change or variation of the terms of this Agreement in accordance with clause 1 and you notify us before those changes take effect.

10.5 We may also end this Agreement immediately by notifying you:

10.5.1 where we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to clause 2 to 5.11 (inclusive);

10.5.2 we have reasonable cause to suspect the SIM Card, the Device and/or the Services have been purchased through fraudulent means or that this Agreement has been entered into fraudulently; or

10.5.3 if you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network.

10.5.4 if there is no chargeable activity for 120 days or more. We will notify you via SMS after 90 days of no chargeable activity.

10.6 If you wish to terminate this Agreement, please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/contactus.

10.7 If this Agreement is ended;

10.7.1 your access to the Services will be disconnected;

10.7.2 Any unused Credit or will be lost (whether or not this Agreement is ended during the Introductory Period); and

10.7.3 you will no longer be entitled to use any number associated with your SIM Card unless you have ported the number to another network.

10.8 We may suspend or terminate the provision of the Services where this is strictly necessary:

10.8.1 for reasons outside of our control; or;

10.8.2 if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

10.9 If the Services are suspended, this Agreement will still continue.

10.10 If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you will use the Services only in accordance with the terms of this Agreement. We will continue to provide access to emergency services.

10.11 Notwithstanding the provisions of this clause, you may be able to terminate this Agreement in accordance with the terms of sale (or similar) that apply to you.

10.12 If, when your agreement with us ends, you would like to move to another network provider, you can do so by using either the PAC or N-PAC process. The following terms apply:

10.12.1 The PAC process must be used when you wish to switch your provider and keep, or port your number.

10.12.2 The N-PAC process (also known as STAC) must be used by when you do not wish to port your number. Using the N-PAC process means that your existing mobile number from the previous provider will be terminated and you will not be able to reactivate it

10.12.3 You can request your unique codes by text: for PAC, text to 65075, for N-PAC text to 75075, or for INFO text to 86075; you can also request them online in MyAccount via my.idmobile.co.uk/ or by calling iD customer services on 7777 using your iD phone.

10.12.4 You will not be charged for any notice period after the PAC / N-PAC process has been completed.

11.1 The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Device and the information stored on it. These programs may perform actions that you have not authorised, possibly without your knowledge.

11.2 We or our contractual partners may provide links to other websites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, goods, services, digital content or merchants found by using your Device are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods, services or digital content offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods, services or digital content or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.

11.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Services whether publicly posted or privately transmitted, is the sole responsibility of the person from which such information originated. This means that you, and not us, are entirely responsible for all information that you upload, email or otherwise transmit via the Internet.

11.4 We will use reasonable endeavours to maintain the Content produced or published by us 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 the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.

11.5 The Services enable access to the Content. You may only use the 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. The reselling, 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 the Content for your personal use only.

11.6 Once you have Registered to use the Services, your Internet access provided through the Services will have been programmed so that you are barred from accessing Content that we deem to be reserved for adult audiences. The ability to access adult Content is subject to status and us being satisfied that you are over 18 years of age. If you want to have your Services unbarred, then you should amend your adult content filter within the iD App or MyAccount my.idmobile.co.uk/ or contact us. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us. For more information on the adult content filter, please visit www.idmobile.co.uk/help-and-advice/content-control-information.

12.1 The Charges for the Services will be made in accordance with our List of Charges using the details we have recorded. The List of Charges may change from time to time.

12.2 You are responsible for all Charges arising under this Agreement whether incurred by you or anyone else using your Device and/or SIM Card with or without your knowledge at the times and in the manner set out in this Agreement.

12.3 Upon expiry of the Introductory Period, you will be required to purchase Credit in order to use the Services. You will not be able to use the Services if you have no Credit on your Account or allowances which provide access to the Services. Credit and allowances are non-refundable. Upon expiry, any unused Credit or allowances will be lost.

12.4 Unless an additional Top-Up has been made, any unused Credit will expire after a period of 365 days from the date of purchase and unused allowances will expire as specified and this is non-refundable.

12.5 If you don't apply any Credit to your account, purchase a bundle, or make a chargeable event within 4 months of the expiry of the Introductory Period or, if later, the date you last applied Credit to your Account, your Account may be disconnected.

12.6 If we provide you with Credit to your account (for example, as a goodwill gesture), such Credit will be deducted against your Charges until the Credit has been used. This Credit cannot be redeemed for cash and any unused credits are non-refundable upon disconnection or termination of this Agreement.

12.7 You will have to pay for replacement SIM Cards at the price as stated in our List of Charges at that time.

12.8 Additional data charges may apply when used outside the UK and the EEA and you will have to purchase Credit or Additional Services to use the Services outside of the UK and the EEA.

12.9 If you have access to the Services outside of the Introductory Period, you must have a balance greater than or equal to zero to retain the Services, or any additional allowances purchased through your Account.

12.10 Calls made by Pay As You Go customers in the UK to eligible UK numbers, are charged or deducted per minute (rounded up to the nearest minute) with a 1 minute minimum charge.

12.11 For all customers, calls made in the UK to eligible international numbers are charged in one minute increments rounded up to the nearest minute.

12.12 When roaming in the EEA, charges for calls you make will be charged or deducted per second (rounded up to the nearest second) with a 30 second minimum charge. When roaming other than in the EEA, you will be charged for the calls you make and receive by the minute or less and any part minute will be rounded up to the nearest whole minute or less. This is dependent on the location you are roaming in. Details of these charges will be set out in our List of Charges. MMS or SMS messages made outside the EEA may be charged other than in whole penny increments. Within the EEA, SMS messages will be deducted from your domestic allowance and MMS, from your data allowance.

12.13 UK Data usage made by Pay As You Go customers are charged or deducted, in one kilobyte (KB) increments and any part KB used will be rounded up to the nearest KB.

12.14 The Access Charge you pay is set at £0.45 per call to an Unbundled Tariff Number.

13.1 We will not be liable under this Agreement for any loss or damage caused by circumstances where:

13.1.1 there is no breach of a legal duty of care owed to you by us;

13.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

13.1.3 such loss or damage results from the breach by you of any term of this Agreement.

13.2 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

13.3 Nothing in this Agreement shall:

13.3.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or

13.3.2 limit your rights as a consumer under applicable UK law.

13.4 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.

13.5 Each provision of this clause operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.

14.1 Neither of us shall be liable to the other if we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities.

15.1 We need to collect certain Personal Information in order to provide you with the Services. This Personal Information will form part of a record of your dealings with us.

15.2 When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Group (and the Manager's Group). This includes:

15.2.1 details you give us on order forms or during communications with you; and

15.2.2 details we receive from credit reference and fraud detection agencies.

15.3 You agree that we may use and update your Personal Information:

15.3.1 to manage your accounts;

15.3.2 to make credit, fraud and identity checks on you (i) prior to accepting any order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;

15.3.3 to provide you with goods and/or services that you have ordered;

15.3.4 to prevent and detect fraud, crime and money laundering;

15.3.5 to update our records about you; and

15.3.6 to check your identity;

15.3.7 to segment our customer base and help us develop offers, products and services to provide you with the best customer experience;

15.3.8 where we have your permission to, we will market and advertise our Services, iD products and occasionally third party products and services that may be of interest to you including third party offers, promotions, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email or online or via applications;

15.3.9 to recommend packages for you based on your use of the Services e.g. if you regularly exceed your voice or data plan, we may suggest you moving to a better Tariff;

15.3.10 to contact you to invite you to form part of our consumer panel or research groups about our products and services or customer satisfaction surveys (you may be contacted by third parties on our behalf); or

15.3.11 to provide you with personalised services and communications as well as targeted advertising from iD on our website and selected partner websites.

15.4 If you give us false or inaccurate information or we identify fraud, we may record this.

15.5 We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies.

15.6 Credit reference agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.

15.7 Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

15.8 We may also enable third party partners to tailor ads which are more relevant and useful to you when you are browsing the internet or are using mobile apps. This may involve the use of cookies and other similar technologies. Personalisation may be based on various factors such as your age and gender, your device details or your inferred interests but we will not share any information with these third parties which directly identifies you. However, by interacting with or viewing an ad, you should be aware that the third party may make the assumption that you meet the targeting criteria used to display the ad. You can opt out of targeting of advertising from third parties (so that you receive ads without using this information). For more information, please visit www.youronlinechoices.com/uk/. We may use your location if you have told us that you are interested in location based offers and services.

15.9 We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

15.10 When assessing an application, we may use automated decision-making systems.

15.11 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group (and the Manager may disclose within its Group), we will only disclose it outside the Group when:

15.11.1 you give us your consent;

15.11.1 you give us your consent;

15.11.2 it is needed by certain reputable third parties involved in running accounts and/or providing services for us;

15.11.3 it is needed in order to obtain professional advice;

15.11.4 it is needed to investigate or prevent crime;

15.11.5 the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or

15.11.6 there is a duty to the public to reveal the Personal Information.

15.12 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.

15.13 We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.

15.14 Where we process sensitive Personal Information, we will employ appropriate security measures and safeguards.

15.15 If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you, please write to us at: iDMobile SAR, PO Box 689, SALFORD, M5 OPD enclosing:

15.15.1 your full name, address, and mobile number;

15.15.2 proof of your identity (this can be a photocopy of your passport, birth certificate or driver's licence);

15.15.3 proof of your address (this can be a recent credit or debit card statement or a photocopy of a utility bill showing the same name and address as on your Account and which is no more than three months old); and

15.17 With your consent, we will contact you with marketing material. You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by logging onto My iD at my.idmobile.co.uk/ and visiting the My Account area, as well as the iD app.

15.18 We may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Device or it is stolen from you. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us if you do not want your information to be passed to MEND and/or SEND.

15.19 It is your responsibility to ensure that you notify any change of device to MEND and SEND to ensure that there is no interruption of their service to you.

15.20 If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.

16.1 All calls to the iD Customer Services Representatives may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.

17.1 You may send us notices under or in connection with this Agreement. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us.

17.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should retain.

17.3 We may send notices to you under or in connection with this Agreement:

17.3.1 by posting them to the address of which you have informed us;

17.3.2 by SMS, if you have provided us with your mobile phone number,

17.3.3 by email to the email address you provided during Registration; or

17.3.4 by push notification to your Mobile Device.

17.4 Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or email shall be deemed to have been delivered the day after the day the notice is sent.

18.1 If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. Please visit our website for details of our complaints procedure www.idmobile.co.uk/help-and-advice/complaints-procedure.

18.2 If we can't resolve your query, you may ask that the matter is referred to an independent ombudsman, the details of which are available on our website www.idmobile.co.uk/help-and-advice/complaints-procedure or by contacting us. Please visit iD Mobile Limited's website for methods of contact www.idmobile.co.uk/help-and-advice/contact-us.

18.3 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the UK.

19.1 Subject to clauses 2 and 19.3 below, we reserve the right to change the terms and conditions of this Agreement, including any Charges, at any time, save that we will not make any alterations to the Introductory Period unless this is due to circumstances outside our control.

19.2 We will give you notice of any changes either by writing to you, emailing you or sending you an SMS, in addition to which we will publish them on our Website.

19.3 If any changes to this Agreement are likely to disadvantage you, we will give you at least one month's notice of such changes. In turn, you may end this Agreement in accordance with clause 6. Your continued use of the Services will signify your acceptance of such changes and you will be bound by them accordingly.

20.1 We can transfer the benefit and you agree that we can transfer the obligations under this Agreement to any third party (including, without limitation, any member of the Group), without notice to you or your consent. We have subcontracted the administration and management of the services we provide to iD Mobile Ltd the Manager).

21.1 Other than as provided for under Clause 19.1 above, nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

22.1 You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

22.2 If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action at a later time. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we elect just to suspend them instead, we can still end this Agreement if you breach it again.

22.3 When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.

22.4 If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our List of Charges from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your mobile phone number on receiving handsets.

22.5 For your own protection, you must keep confidential the electronic serial number of your Mobile Device, any lock code(s) associated with your Mobile Device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.

22.6 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Device. Depending upon the manufacturer and model, your Mobile Device may send information stored on it and receive information to and from certain third parties without your knowledge.

22.7 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.

22.8 These conditions also apply if you lend or give your Mobile Device to someone else.

23.1 You will be provided with a Customer Services PIN number via SMS when your order for a Post-Pay Tariff has been accepted by us. You will be required to change your PIN the first time you call iD Customer Services Representatives, and it is your responsibility to protect your PIN. This may also be found and changed via the iD app or My Account at my.idmobile.co.uk/.

23.2 A Customer Services PIN number allows to you to interact with iD Customer Services Representatives and access information regarding your account, including (but not limited to) your outstanding balance and usage and allowance information, purchasing Additional Services and bundles, activating/deactivating any Additional Services you may have on your account and performing manual payments. Please note that our customer services team will be unable to discuss any account details with you unless we can verify your identity (using the PIN or security questions).

24.1 You confirm that you have full contractual capacity to agree to this Agreement and you confirm that you are able to pay the Charges under this Agreement.

25.1 This Agreement shall be governed by English law, unless you live in Scotland in which case, this Agreement shall be governed by Scots law.

26.1 We currently range two different grades of device, with the top grade being Refurbished.

26.2 Our Refurbished phones are handsets that been thoroughly restored to an as new standard, free from any blemishes or marks, passed rigorous quality control tests, and come with a 12 month warranty and with the same returns policy as a new handset for complete piece of mind.

26.3 What to expect from a refurbished, as new phone:

26.3.1 Completely refurbished front and back to an as new standard free from any blemishes or marks

26.3.2 Security wiped with no content or contacts

26.3.3 Comes with the latest operating system

26.3.4 Comes in a plain white box, not in original packaging, but includes a charger.

26.3.5 12 months warranty as standard

26.3.6 User manuals can be downloaded from the manufacturer's website.

26.4 Our Grade A phones are handsets that have been thoroughly restored to Grade A, passed rigorous quality control tests, and come with a 12 month warranty and come with the same returns policy as a new handset for complete peace of mind.

26.5 What to expect from a Grade A phone:

26.5.1 Some superficial scratches / scuffs on the back, sides and / or screen

26.5.2 No cracks on the screen and no more than 5 deep scratches or chips of up to 2mm in length

26.5.3 Security wiped with no content or contacts

26.5.4 Comes with the latest operating system

26.5.5 Comes in a plain white box, not in original packaging, but includes a charger.

26.5.6 12 months warranty as standard

26.5.7 User manuals can be downloaded from the manufacturer's website.

2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.

2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.

2.3 We will exercise all reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.

2.4 The Services may not be available in all parts of the United Kingdom, in the EEA or abroad. The Services may also not be available outside the EEA unless you have international roaming and in any event may not be available in all areas abroad.

2.5 The Services are not fault free and may be impaired by issues including:

(a) too many people trying to use the Network;

(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);

(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and

(d) circumstances beyond our reasonable control.

2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.

3.1 This Agreement will start when we open an Account for you following Registration. By inserting your SIM you are expressly requesting that we provide you with our Services.

3.2 You must Register an Account within six months of the date on which you purchase the Device. We shall not be obliged to provide you with the Introductory Period if you fail to Register an Account in this time period.

3.3 The Introductory Period under this Agreement will start when you Register your account on the Website or via our mobile app available through the Google Play Store.

3.4 Upon expiry of the Introductory Period, you will need to apply Credit to your account or purchase Additional Services in order to continue to use the Services.

4.1 The Services which we agree to provide to you may not be available in all parts of the UK or abroad. Unless you have purchased a TakeAway plan, we will provide roaming services in the EEA in accordance with applicable legislation. We reserve the right to add to, substitute, or to discontinue any part of the Services at any time. We do not guarantee the continuing availability of any particular part of the Services. Not all devices will be able to receive the Services.

4.2 The Services are not fault free and they may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our reasonable control.

4.3 If you use your SIM Card abroad, you will be charged for the calls that you receive as well as for those that you make except when you roam in the Economic European Area in which case, subject to our Fair Use Policy, your voice and SMS usage will be charged at the same rate as the UK rate and your data allowance will be calculated in accordance with the EU Roaming Regulations. Charges incurred using your roaming service may take longer to be charged than normal Charges.

4.4 The Services may be used by you to access or link into websites, resources and/or networks based outside of the UK. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

4.5 Devices which can be used to access the Services may be locked to our network. If your device is locked and you want it to be unlocked from our network, you can contact us and we can help to arrange for your device to be unlocked (where we are able to) in an authorised manner (which may include replacing your device with an unlocked device, which is the same or similar specification to your device).

4.6 Prior to us arranging for your device to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the device which you may need, as this may be lost during the device unlocking process. We're not responsible for any information or any other data which may be lost during the unlocking process.

4.7 You are able to use the Service to call the emergency services. Your number will be shown to the emergency operator. When making an emergency call, your location information will be provided to the emergency operator to the extent technically feasible.

5.1 You may Register an Account in order to use the Services and benefit from the Introductory Period. Your SIM Card may be barred from the Services until you have completed Registration.

5.2 It is your responsibility to provide accurate Personal Information during the Registration process. Failure to do so will result in an inability to pass Data Protection regulations and security processes if you need to contact Us and provide verification information. It is a condition of this Agreement that you provide us with a current email address for account management purposes and that you maintain this address and advise us promptly of any changes to it.

5.3 You may only use the Services as set out in this Agreement and for your own personal use. This means you must not resell or commercially exploit any of the Services or content.

5.4 You must not use the Services, the SIM Card or any Equipment or allow anyone else to use the Services, the SIM or any Equipment for illegal or improper uses, including but not limited to:

5.4.1 fraudulent, criminal or other illegal activity;

5.4.2 any way which breaches another person's rights, including copyright or other intellectual property rights;

5.4.3 the copying, storage, modification, publishing or distribution of the Services or their content, except where we give you permission in writing;

5.4.4 tethering (unless explicitly stated in your Agreement with us), downloading, sending or uploading content of an excessive size, quantity or frequency. We will contact you if your use is excessive;

5.4.5 any way which breaches any security or other safeguards or any other way which harms or interferes with the Network, the networks or systems of others or Services;

5.4.6 falsifying or deleting any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; or

5.4.7 the use or disclosure of details relating to our customers.

5.5 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and account. You must only use your Device for connection to the Network and also comply with all relevant legislation relating to its use.

5.6 You agree to use your SIM Card and the Services in accordance with the terms of this Agreement and any User Guides or other instructions issued by us. You acknowledge that the SIM Card provided by us to you does not belong to you but remains our property and that you cannot sell your SIM Card or agree to transfer any number associated with it (other than through the standard porting process) without our consent.

5.7 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the List of Charges for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you have notified us of the need to suspend the Services.

5.8 You must not use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise, you must not reverse the charges on any telephone call or accept a reverse charged call.

5.9 You must not use or permit any other person to use the Services:

5.9.1 fraudulently or in connection with a criminal offence;

5.9.2 to send a call or message, send, upload, download, use or re-use any material which may reasonably be deemed racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights or confidence or privacy or which is otherwise objectionable or unlawful;

5.9.3 to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or

5.9.4 to generate Artificially Inflated Traffic.

5.10 You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.

5.11 You agree that you are procuring the SIM Card provided by us to you and the Services solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.

5.12 Your SIM Card can only be used in conjunction with current commonly used 3G or higher device technologies and cannot necessarily be used with new technologies that emerge in the future. Your SIM Card and/or Device cannot be used in conjunction with or as a modem, dongle or Mobile Hotspot device unless stated at point of sale.

5.13 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services 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.

6.1 Please contact the retailer from whom you bought the Device if you have any problems with it.

7.1 Please contact us if you have any problems with the Services or your SIM Card. You can contact us:

7.1.1 by telephone on 0333 003 7777; or

7.1.2 by email at www.idmobile.co.uk/help-and-advice/contact-us

7.2 If you no longer want to continue using the Services, we recommend you destroy the SIM card and not return the SIM card to us. It will automatically disconnect after 4 months of no chargeable Service, Top-Up or Bundle purchase. Please note, that you must request a PAC code if you want to transfer your number to another network.

8.1 Occasionally we may have to:

8.1.1 alter a name, code, number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case we will give you reasonable notice;

8.1.2 change your SIM Card;

8.1.3 recall or replace your Device;

8.1.4 give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;

8.1.5 temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; or

8.1.6 bar certain parts of the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.

8.2 From time to time we may have to migrate your account from one platform to another. In these circumstances we will notify you if migration of your account will affect the Services to your detriment in any way.

8.3 If we believe that we may be unable to continue to provide the Services for any reason we may transfer the number associated with your SIM Card to another network. On transfer we will continue to make available to you the Services, or similar services.

8.4 We reserve the right to monitor your usage, if we reasonably determine that your use is in breach of any applicable Fair Use Policy, we may do one or all of the following:

8.4.1 request you to moderate your use; or

8.4.2 suspend your Service.

8.5 At certain times the Network traffic will be managed when it begins to affect other customers on our Network that are also using, or trying to use, the Services. We may publish an acceptable use policy and a traffic management policy which provide more details about the rules for use of certain services in order to ensure that use of the Services is not excessive, to combat fraud and where the Services we offer or may introduce require certain rules to ensure they can be enjoyed by our customers. The Services are at all times subject to our Fair Use Policy and any other policy we adopt. If we publish a further policy, we will let you know. Such a policy may be amended from time to time, for instance, if we discover that the Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain services is causing problems for us, our systems or for other users, or if we introduce new services which may require certain rules to ensure that such new services can be enjoyed by our customers. Again, we will let you know if this happens.

9.1 We can at our discretion bar your SIM Card from sending or receiving data and/or disconnect your SIM Card from the Network if:

9.1.1 any of the circumstances in clauses 8, 5.9 or 5.10, apply to you;

9.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment method, your SIM Card, Account and/or Device; or

9.1.3 if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.

9.2 You must pay any reconnection costs if we bar your access to the Services and/or your Device or SIM Card are disconnected from the Network.

9.3 If we bar your Services because you breach this Agreement, the Agreement will still continue until it is ended by notice in accordance with clause 10.

9.4 We will not refund any unused Credit during or after expiry of the Introductory Period if we exercise our right to disconnect or bar you from the Network.

10.1 You may terminate this Agreement by contacting us on 0333 003 7777 and giving us notice of termination. You will not be able to claim back any Credit on your Account or any sums in relation to any unused part of the Introductory Period. This Agreement will terminate once we have processed your request over the telephone.

10.2 Either of us may terminate this Agreement at any time on notice (in accordance with clause 4 below) to the other, without any liability, if that other party (the "Defaulting Party"):

10.2.1 breaches this Agreement in a material way and does not put it right (where it is possible to do so) within a reasonable period after a request to do so; or;

10.2.2 has bankruptcy or insolvency proceedings brought against them, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of that Defaulting Party's assets or that Defaulting Party becomes bankrupt or goes into liquidation.

10.3 We may terminate this Agreement at any time on notice (in accordance with clause 4 below), without liability, if:

10.3.1 we have reasonable cause to suspect a fraudulent payment has been made to purchase the Device, the SIM Card or the Services;

10.3.2 we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the SIM Card or any Equipment is taking place; or

10.3.3 you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network such as for example creating a GSM Gateway, Artificially Inflated Traffic or similar.

10.4 You may also end this Agreement, without penalty, immediately by notifying us if:

10.4.1 the Services are no longer available to you for a significant period of time (such a period not to be less than 7 days): or

10.4.2 we notify you of an upcoming change or variation of the terms of this Agreement in accordance with clause 1 and you notify us before those changes take effect.

10.5 We may also end this Agreement immediately by notifying you:

10.5.1 where we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to clause 2 to 5.11 (inclusive);

10.5.2 we have reasonable cause to suspect the SIM Card, the Device and/or the Services have been purchased through fraudulent means or that this Agreement has been entered into fraudulently; or

10.5.3 if you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network.

10.5.4 if there is no chargeable activity for 120 days or more. We will notify you via SMS after 90 days of no chargeable activity.

10.6 If you wish to terminate this Agreement, please:

10.6.1 call our customer services team on 0333 003 7777;

10.6.2 email us at idmobile.co.uk/help-and-advice/contact-us; or

10.6.3 write to us at iD Mobile Ltd, PO Box 686, Salford M5 0PA.

10.7 If this Agreement is ended;

10.7.1 your access to the Services will be disconnected;

10.7.2 Any unused Credit or will be lost (whether or not this Agreement is ended during the Introductory Period); and

10.7.3 you will no longer be entitled to use any number associated with your SIM Card unless you have ported the number to another network.

10.8 We may suspend or terminate the provision of the Services where this is strictly necessary:

10.8.1 for reasons outside of our control; or;

10.8.2 if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

10.9 If the Services are suspended, this Agreement will still continue.

10.10 If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you will use the Services only in accordance with the terms of this Agreement. We will continue to provide access to emergency services.

10.11 Notwithstanding the provisions of this clause, you may be able to terminate this Agreement in accordance with the terms of sale (or similar) that apply to you.

11.1 The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Device and the information stored on it. These programs may perform actions that you have not authorised, possibly without your knowledge.

11.2 We or our contractual partners may provide links to other websites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, goods, services, digital content or merchants found by using your Device are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods, services or digital content offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods, services or digital content or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.

11.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Services whether publicly posted or privately transmitted, is the sole responsibility of the person from which such information originated. This means that you, and not us, are entirely responsible for all information that you upload, email or otherwise transmit via the Internet.

11.4 We will use reasonable endeavours to maintain the Content produced or published by us 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 the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.

11.5 The Services enable access to the Content. You may only use the 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. The reselling, 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 the Content for your personal use only.

11.6 Once you have Registered to use the Services, your Internet access provided through the Services will have been programmed so that you are barred from accessing Content that we deem to be reserved for adult audiences. The ability to access adult Content is subject to status and us being satisfied that you are over 18 years of age. If you want to have your Services unbarred, then you should call us on 0333 003 7777 or email us on idmobile.co.uk/help-and-advice/contact-us.

12.1 The Charges for the Services will be made in accordance with our List of Charges using the details we have recorded. The List of Charges may change from time to time.

12.2 You are responsible for all Charges arising under this Agreement whether incurred by you or anyone else using your Device and/or SIM Card with or without your knowledge at the times and in the manner set out in this Agreement.

12.3 Upon expiry of the Introductory Period, you will be required to purchase Credit in order to use the Services. You will not be able to use the Services if you have no Credit on your Account or allowances which provide access to the Services. Credit and allowances are non-refundable. Upon expiry, any unused Credit or allowances will be lost.

12.4 Unless an additional Top-Up has been made, any unused Credit will expire after a period of 365 days from the date of purchase and unused allowances will expire as specified and this is non-refundable.

12.5 If you don't apply any Credit to your account, purchase a bundle, or make a chargeable event within 4 months of the expiry of the Introductory Period or, if later, the date you last applied Credit to your Account, your Account may be disconnected.

12.6 If we provide you with Credit to your account (for example, as a goodwill gesture), such Credit will be deducted against your Charges until the Credit has been used. This Credit cannot be redeemed for cash and any unused credits are non-refundable upon disconnection or termination of this Agreement.

12.7 You will have to pay for replacement SIM Cards at the price as stated in our List of Charges at that time.

12.8 Additional data charges may apply when used outside the UK and the EEA and you will have to purchase Credit or Additional Services to use the Services outside of the UK and the EEA.

12.9 If you have access to the Services outside of the Introductory Period, you must have a balance greater than or equal to zero to retain the Services, or any additional allowances purchased through your Account.

12.10 Calls made by Pay As You Go customers in the UK to eligible UK numbers, are charged or deducted per minute (rounded up to the nearest minute) with a 1 minute minimum charge.

12.11 For all customers, calls made in the UK to eligible international numbers are charged in one minute increments rounded up to the nearest minute.

12.12 When roaming in the EEA, charges for calls you make will be charged or deducted per second (rounded up to the nearest second) with a 30 second minimum charge. When roaming other than in the EEA, you will be charged for the calls you make and receive by the minute or less and any part minute will be rounded up to the nearest whole minute or less. This is dependent on the location you are roaming in. Details of these charges will be set out in our List of Charges. MMS or SMS messages made outside the EEA may be charged other than in whole penny increments. Within the EEA, SMS messages will be deducted from your domestic allowance and MMS, from your data allowance.

12.13 UK Data usage made by Pay As You Go customers are charged or deducted, in one kilobyte (KB) increments and any part KB used will be rounded up to the nearest KB.

13.1 We will not be liable under this Agreement for any loss or damage caused by circumstances where:

13.1.1 there is no breach of a legal duty of care owed to you by us;

13.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

13.1.3 such loss or damage results from the breach by you of any term of this Agreement.

13.2 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

13.3 Nothing in this Agreement shall:

13.3.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or

13.3.2 limit your rights as a consumer under applicable UK law.

13.4 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.

13.5 Each provision of this clause operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.

14.1 Neither of us shall be liable to the other if we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities.

15.1 We need to collect certain Personal Information in order to provide you with the Services. This Personal Information will form part of a record of your dealings with us.

15.2 When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Group (and the Manager's Group). This includes:

15.2.1 details you give us on order forms or during communications with you; and

15.2.2 details we receive from credit reference and fraud detection agencies.

15.3 You agree that we may use and update your Personal Information:

15.3.1 to manage your accounts;

15.3.2 to make credit, fraud and identity checks on you (i) prior to accepting any order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;

15.3.3 to provide you with goods and/or services that you have ordered;

15.3.4 to prevent and detect fraud, crime and money laundering;

15.3.5 to update our records about you; and

15.3.6 to check your identity;

15.3.7 to segment our customer base and help us develop offers, products and services to provide you with the best customer experience;

15.3.8 unless you have opted out, to market and advertise our Services, iD products and occasionally third party products and services that may be of interest to you including third party offers, promotions, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email or online or via applications;

15.3.9 to recommend packages for you based on your use of the Services e.g. if you regularly exceed your voice or data plan, we may suggest you moving to a better Tariff;

15.3.10 to contact you to invite you to form part of our consumer panel or research groups about our products and services or customer satisfaction surveys (you may be contacted by third parties on our behalf); or

15.3.11 to provide you with personalised services and communications as well as targeted advertising from iD on our website and selected partner websites.

15.4 If you give us false or inaccurate information or we identify fraud, we may record this.

15.5 We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies.

15.6 Credit reference agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.

15.7 Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

15.8 We may also enable third party partners to tailor ads which are more relevant and useful to you when you are browsing the internet or are using mobile apps. This may involve the use of cookies and other similar technologies. Personalisation may be based on various factors such as your age and gender, your device details or your inferred interests but we will not share any information with these third parties which directly identifies you. However, by interacting with or viewing an ad, you should be aware that the third party may make the assumption that you meet the targeting criteria used to display the ad. You can opt out of targeting of advertising from third parties (so that you receive ads without using this information). For more information, please visit www.youronlinechoices.com/uk/. We may use your location if you have told us that you are interested in location based offers and services.

15.9 You agree that we may use your Personal Information for operating a publicly accessible directory service. You may opt-out from having your Personal Information listed in a publicly accessible directory service by calling our customer services on 0333 003 7777.

15.9 We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

15.10 When assessing an application, we may use automated decision-making systems.

15.11 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group (and the Manager may disclose within its Group), we will only disclose it outside the Group when:

15.11.1 you give us your consent;

15.11.2 it is needed by certain reputable third parties involved in running accounts and/or providing services for us;

15.11.3 it is needed in order to obtain professional advice;

15.11.4 it is needed to investigate or prevent crime;

15.11.5 the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or

15.11.6 there is a duty to the public to reveal the Personal Information.

15.12 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.

15.13 We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.

15.14 Where we process sensitive Personal Information, we will employ appropriate security measures and safeguards.

15.15 If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you, please write to us at: iD Data Protection Office, P.O. Box 375, Southampton, SO30 2PU enclosing:

15.15.1 your full name, address, and mobile number;

15.15.2 proof of your identity (this can be a photocopy of your passport, birth certificate or driver's licence);

15.15.3 proof of your address (this can be a recent credit or debit card statement or a photocopy of a utility bill showing the same name and address as on your Account and which is no more than three months old); and

15.15.4 a cheque for £10 made payable to iD Mobile Limited.

15.16 You will have the opportunity to consent to us contacting you by email, phone or SMS from time to time occasionally about products and services which the Group, the Manager's Group, and carefully selected third parties believe may be of interest to you.

15.17 You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by:

15.17.1 logging into your Account at my.idmobile.co.uk/;

15.17.2 calling us on 0333 003 7777; or

15.17.3 writing to us at us c/o iD Mobile Ltd, PO Box 686, Salford M5 0PA.

15.18 We may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Device or it is stolen from you. Please contact us on 0333 003 7777 if you do not want your information to be passed to MEND and/or SEND.

15.19 It is your responsibility to ensure that you notify any change of device to MEND and SEND to ensure that there is no interruption of their service to you.

15.20 If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.

16.1 All calls to the iD Customer Services Representatives may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.

17.1 You may send us notices under or in connection with this Agreement:

17.1.1 by post to iD Mobile Ltd, PO Box 686, Salford M5 0PA; or

17.1.2 by completing the Contact Us form at idmobile.co.uk/help-and-advice/contact-us.

17.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should retain.

17.3 We may send notices to you under or in connection with this Agreement:

17.3.1 by posting them to the address of which you have informed us;

17.3.2 by SMS, if you have provided us with your mobile phone number,

17.3.3 by email to the email address you provided during Registration; or

17.3.4 by push notification to your Mobile Device.

17.4 Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or email shall be deemed to have been delivered the day after the day the notice is sent.

18.1 We will endeavour to handle any complaints about the Services fairly, efficiently and confidentially. You can complain in the following way:

18.1.1 in writing addressed to: iD Mobile Ltd, PO Box 686, Salford M5 0PA; or

18.1.2 via our Website at idmobile.co.uk/help-and-advice/contact-us

18.2 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the UK.

19.1 Subject to clauses 2 and 19.3 below, we reserve the right to change the terms and conditions of this Agreement, including any Charges, at any time, save that we will not make any alterations to the Introductory Period unless this is due to circumstances outside our control.

19.2 We will give you notice of any changes either by writing to you, emailing you or sending you an SMS, in addition to which we will publish them on our Website.

19.3 If any changes to this Agreement are likely to disadvantage you, we will give you at least one month's notice of such changes. In turn, you may end this Agreement in accordance with clause 6. Your continued use of the Services will signify your acceptance of such changes and you will be bound by them accordingly.

20.1 We can transfer the benefit and you agree that we can transfer the obligations under this Agreement to any third party (including, without limitation, any member of the Group), without notice to you or your consent. We have subcontracted the administration and management of the services we provide to iD Mobile Ltd the "Manager".

21.1 Other than as provided for under Clause 19.1 above, nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

22.1 You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

22.2 If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action at a later time. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we elect just to suspend them instead, we can still end this Agreement if you breach it again.

22.3 When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.

22.4 If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our List of Charges from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your mobile phone number on receiving handsets.

22.5 For your own protection, you must keep confidential the electronic serial number of your Mobile Device, any lock code(s) associated with your Mobile Device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.

22.6 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Device. Depending upon the manufacturer and model, your Mobile Device may send information stored on it and receive information to and from certain third parties without your knowledge.

22.7 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.

22.8 These conditions also apply if you lend or give your Mobile Device to someone else.

You will be provided with a Customer Services PIN number via SMS when your order for a Post-Pay Tariff has been accepted by us. You will be required to change your PIN the first time you call iD Customer Services Representatives, and it is your responsibility to protect your PIN. This may also be found and changed via the iD app or My Account at my.idmobile.co.uk/.

23.2 A Customer Services PIN number allows to you to interact with iD Customer Services Representatives and access information regarding your account, including (but not limited to) your outstanding balance and usage and allowance information, purchasing Additional Services and bundles, activating/deactivating any Additional Services you may have on your account and performing manual payments. Please note that our customer services team will be unable to discuss any account details with you unless we can verify your identity (using the PIN or security questions).

24.1 You confirm that you have full contractual capacity to agree to this Agreement and you confirm that you are able to pay the Charges under this Agreement.

25.1 This Agreement shall be governed by English law, unless you live in Scotland in which case, this Agreement shall be governed by Scots law.

This Fair Use Policy applies to your use of our Services when you roam in the EEA. You can use your phone in Europe as you do at home, but your data roaming data allowance may be less than your home allowance and additional charges may be incurred if you exceed that allowance.

1. Definitions

"EU Law" means the Regulation 531/2012 of 13 June 2012 on roaming on public mobile communications networks within the Union (as amended) and any other applicable law or regulation.

"EU Roaming Data Allowance" or "RDA" means the amount of data provided under your Tariff, except where otherwise provided for in this Fair Use Policy.

"EU Roaming Price" means the price set under your Tariff, except where otherwise provided for in this Fair Use Policy. The "EU Roaming Price" includes use towards your monthly inclusive allowance (in the case of Eligible Calls) or use of Credit.

"EU Roaming Use" means your use of Services in any of the 27 EU countries (other than the UK) as well as Lichtenstein, Norway, Iceland and the following Outermost Regions: Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint Martin, the Canary Islands, the Azores and Madeira.

"List of Charges" means the list detailing all our Charges (including call Charges) which is available on our website, www.idmobile.co.uk/help-and-advice/list-of-charges;

"Surcharge" means an additional charge we may levy if your EU Roaming Use exceeds the limit permitted by this Fair Use Policy, but excludes our out of bundle rates which you can view on our Website.¹

The definitions used in clause 1 of the Post Pay, Pay as you go and All In One terms and conditions on our Website2 apply to this Fair Use Policy.

2. Whom this applies to

This Fair Use Policy applies to Pay as you go and Post Pay customers but not iD TakeAway customers.³

3. Voice and SMSWhen making EU Roaming Use of our Services, phone calls and SMS will be charged at the Roaming Price.

4. Data

If you are a Pay as you go customer making EU Roaming Use of data, you will be permitted to use your purchased bundle allowance. Above this allowance, you will be charged the standard domestic out of bundle rate. There are no roaming surcharges in these circumstances for Pay as you go customers.

If you are a Pay Monthly customer, your EU Roaming Data Allowance may be restricted. This may be a lower amount than your bundle allows you to use at home. We will notify you of this cap by SMS, email or in your browser when you first connect to the internet via EU Roaming Use.

5. When surcharges may apply to data, voice and SMS services

If your EU Roaming Use exceeds the EU Roaming Data Allowance (RDA) we may apply a Surcharge for data used beyond the RDA, as set out in the List of Charges, up to the amount your inclusive allowance under your Tariff. Use beyond your inclusive allowance will be charged under your Tariff. (You can still buy an Additional Service or use your Data Cushion if you have one). When you reach 80% of your RDA, we will notify you by text message. We will notify you again when you reach 100%.

In respect of voice and SMS services, we may apply a Surcharge if we think you are roaming permanently, regardless of any allowance under your Tariff. How we will monitor your EU Roaming Use of data, voice and SMS services

Permanent roaming is a breach of this Fair Use Policy. If, over a four-month period: (1) your EU Roaming Use of our Services exceeds your use of our Services at home; or (2) use of our Services includes a long period of inactivity, and use mostly, if not exclusively while roaming, we may think you are roaming permanently. We will determine this based on the days your SIM card is registered in the location register, and other technical means at our disposal. We may also observe your Data, SMS and phone call patterns to determine how long you are abroad for.

We may also consider your EU Roaming Use breaches this Fair Use Policy if your SIM card is only active when you are making EU Roaming Use of our Services, or if you if buy more than one SIM from us when roaming. We may also immediately restrict your services if you are reselling our SIM cards to be used by non-UK residents. We may also require you to prove you are a permanent UK resident or that you otherwise have stable links with the UK. To prove this, you may submit a utility bill, bank statement, driving licence, enrolment on full-time academic course or another document. In either case, we reserve the right to discontinue providing roaming services or apply a Surcharge if you cannot provide the required proof.

6. How we will contact you if you breach the Fair Use Policy

Step 1

If we think you are breaching this Fair Use Policy, we will first contact you by SMS, phone call, email or via your browser when you use the internet to warn you we may apply a Surcharge if you continue to make EU Roaming Use of our Services which breaches this Fair Use Policy for two weeks from the time we notify you.⁵

Step 2

If after two weeks from our first warning, you continue to use our Services in a way that breaches this Fair Use Policy then we may apply a Surcharge (see List of Charges) for each additional megabyte used, second of phone call made or SMS sent.

7. We will cease to apply a Surcharge as soon as our data usage and presence monitoring no longer indicates a risk of abuse or anomalous usage. In the absence of a change we may apply a Surcharge for any future EU Roaming Use of our Services.7. We will cease to apply a Surcharge as soon as our data usage and presence monitoring no longer indicates a risk of abuse or anomalous usage. In the absence of a change we may apply a Surcharge for any future EU Roaming Use of our Services.

8. Your right to complain

If you think we have made a mistake and that you are not breaching this Fair Use Policy, you may contact us by telephone, web chat or email. You can provide us with any information you think demonstrates that your EU Roaming Use of our Services is for the purposes of periodic travel and not permanent roaming.

We will endeavour to handle any complaints about the Services fairly, efficiently and confidentially. Please visit our website for details of our complaints procedure - www.idmobile.co.uk/help-and-advice/complaints-procedure. If we can't resolve your concern, you may ask that the matter is referred to an independent ombudsman, the details of which are available on our website - www.idmobile.co.uk/help-and-advice/complaints-procedure or by contacting us. Please visit our website for methods of contactidmobile.co.uk/help-and-advice/contact-us.

If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the UK.

¹ https://www.idmobile.co.uk/help-and-advice/call-charges

² https://www.idmobile.co.uk/legal/terms-and-conditions

³Providers are free to provide alternative roaming tariff plans in which case the FUP does not apply: Article 4(7), Implementing Regulation.

⁴Article 4(4)(a) and (b), Article 5, Implementing Regulation

⁵Article 5(3) and 5(4), Implementing Regulation

2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.

2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.

2.3 We will exercise all reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.

2.4 The Services may not be available in all parts of the United Kingdom, in the EEA or abroad. The Services may also not be available outside the EEA unless you have international roaming and in any event may not be available in all areas abroad.

2.5 The Services are not fault free and may be impaired by issues including:

(a) too many people trying to use the Network;

(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);

(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and

(d) circumstances beyond our reasonable control.

2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.

3.1 This Agreement will start when we open an Account for you following Registration. By inserting your SIM you are expressly requesting that we provide you with our Services.

3.2 You must Register an Account within six months of the date on which you purchase the Device. We shall not be obliged to provide you with the Introductory Period if you fail to Register an Account in this time period.

to Register an Account in this time period. 3.3 The Introductory Period under this Agreement will start when you Register your account on the Website or via our mobile app available through the Google Play Store.

3.4 Upon expiry of the Introductory Period, you will need to apply Credit to your account or purchase Additional Services in order to continue to use the Services.

4.1 The Services which we agree to provide to you may not be available in all parts of the UK or abroad. Unless you have purchased a TakeAway plan, we will provide roaming services in the EEA in accordance with applicable legislation. We reserve the right to add to, substitute, or to discontinue any part of the Services at any time. We do not guarantee the continuing availability of any particular part of the Services. Not all devices will be able to receive the Services.

4.2 The Services are not fault free and they may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our reasonable control.

4.3 If you use your SIM Card abroad, you will be charged for the calls that you receive as well as for those that you make except when you roam in the Economic European Area in which case, subject to our Fair Use Policy, your voice and SMS usage will be charged at the same rate as the UK rate and your data allowance will be calculated in accordance with the EU Roaming Regulations. Charges incurred using your roaming service may take longer to be charged than normal Charges.

4.4 The Services may be used by you to access or link into websites, resources and/or networks based outside of the UK. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

4.5 Devices which can be used to access the Services may be locked to our network. If your device is locked and you want it to be unlocked from our network, you can contact us and we can help to arrange for your device to be unlocked (where we are able to) in an authorised manner (which may include replacing your device with an unlocked device, which is the same or similar specification to your device).

4.6 Prior to us arranging for your device to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the device which you may need, as this may be lost during the device unlocking process. We're not responsible for any information or any other data which may be lost during the unlocking process.

4.7 You are able to use the Service to call the emergency services. Your number will be shown to the emergency operator. When making an emergency call, your location information will be provided to the emergency operator to the extent technically feasible.

5.1 You may Register an Account in order to use the Services and benefit from the Introductory Period. Your SIM Card may be barred from the Services until you have completed Registration.

5.2 It is your responsibility to provide accurate Personal Information during the Registration process. Failure to do so will result in an inability to pass Data Protection regulations and security processes if you need to contact Us and provide verification information. It is a condition of this Agreement that you provide us with a current email address for account management purposes and that you maintain this address and advise us promptly of any changes to it.

5.3 You may only use the Services as set out in this Agreement and for your own personal use. This means you must not resell or commercially exploit any of the Services or content.

5.4 You must not use the Services, the SIM Card or any Equipment or allow anyone else to use the Services, the SIM or any Equipment for illegal or improper uses, including but not limited to:

5.4.1 fraudulent, criminal or other illegal activity;

5.4.2 any way which breaches another person's rights, including copyright or other intellectual property rights;

5.4.3 the copying, storage, modification, publishing or distribution of the Services or their content, except where we give you permission in writing;

5.4.4 tethering (unless explicitly stated in your Agreement with us), downloading, sending or uploading content of an excessive size, quantity or frequency. We will contact you if your use is excessive;

5.4.5 any way which breaches any security or other safeguards or any other way which harms or interferes with the Network, the networks or systems of others or Services;

5.4.6 falsifying or deleting any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; or

5.4.7 the use or disclosure of details relating to our customers.

5.5 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and account. You must only use your Device for connection to the Network and also comply with all relevant legislation relating to its use.

5.6 You agree to use your SIM Card and the Services in accordance with the terms of this Agreement and any User Guides or other instructions issued by us. You acknowledge that the SIM Card provided by us to you does not belong to you but remains our property and that you cannot sell your SIM Card or agree to transfer any number associated with it (other than through the standard porting process) without our consent.

5.7 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the List of Charges for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you have notified us of the need to suspend the Services.

5.8 You must not use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise, you must not reverse the charges on any telephone call or accept a reverse charged call.

5.9 You must not use or permit any other person to use the Services:

5.9.1 fraudulently or in connection with a criminal offence;

5.9.2 to send a call or message, send, upload, download, use or re-use any material which may reasonably be deemed racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights or confidence or privacy or which is otherwise objectionable or unlawful;

5.9.3 to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or

5.9.4 to generate Artificially Inflated Traffic.

5.10 You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.

5.11 You agree that you are procuring the SIM Card provided by us to you and the Services solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.

5.12 Your SIM Card can only be used in conjunction with current commonly used 3G or higher device technologies and cannot necessarily be used with new technologies that emerge in the future. Your SIM Card and/or Device cannot be used in conjunction with or as a modem, dongle or Mobile Hotspot device unless stated at point of sale.

5.13 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services 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.

6.1 Please contact the retailer from whom you bought the Device if you have any problems with it.

7.1 Please contact us if you have any problems with the Services or your SIM Card. You can contact us:

7.1.1 by telephone on 0333 003 7777; or

7.1.2 by email at idmobile.co.uk/help-and-advice/contact-us

7.2 If you no longer want to continue using the Services, we recommend you destroy the SIM card and not return the SIM card to us. It will automatically disconnect after 4 months of no chargeable Service, Top-Up or Bundle purchase. Please note, that you must request a PAC code if you want to transfer your number to another network.

8.1 Occasionally we may have to:

8.1.1 alter a name, code, number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case we will give you reasonable notice;

8.1.2 change your SIM Card;

8.1.3 recall or replace your Device;

8.1.4 give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;

8.1.5 temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; or

8.1.6 bar certain parts of the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.

8.2 From time to time we may have to migrate your account from one platform to another. In these circumstances we will notify you if migration of your account will affect the Services to your detriment in any way.

8.3 If we believe that we may be unable to continue to provide the Services for any reason we may transfer the number associated with your SIM Card to another network. On transfer we will continue to make available to you the Services, or similar services.

8.4 We reserve the right to monitor your usage, if we reasonably determine that your use is in breach of any applicable Fair Use Policy, we may do one or all of the following:

8.4.1 request you to moderate your use; or

8.4.2 suspend your Service.

8.5 At certain times the Network traffic will be managed when it begins to affect other customers on our Network that are also using, or trying to use, the Services. We may publish an acceptable use policy and a traffic management policy which provide more details about the rules for use of certain services in order to ensure that use of the Services is not excessive, to combat fraud and where the Services we offer or may introduce require certain rules to ensure they can be enjoyed by our customers. The Services are at all times subject to our Fair Use Policy and any other policy we adopt. If we publish a further policy, we will let you know. Such a policy may be amended from time to time, for instance, if we discover that the Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain services is causing problems for us, our systems or for other users, or if we introduce new services which may require certain rules to ensure that such new services can be enjoyed by our customers. Again, we will let you know if this happens.

9.1 We can at our discretion bar your SIM Card from sending or receiving data and/or disconnect your SIM Card from the Network if:

9.1.1 any of the circumstances in clauses 8, 5.9 or 5.10, apply to you;

9.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment method, your SIM Card, Account and/or Device; or

9.1.3 if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.

9.2 You must pay any reconnection costs if we bar your access to the Services and/or your Device or SIM Card are disconnected from the Network.

9.3 If we bar your Services because you breach this Agreement, the Agreement will still continue until it is ended by notice in accordance with clause 10.

9.4 We will not refund any unused Credit during or after expiry of the Introductory Period if we exercise our right to disconnect or bar you from the Network.

10.1 You may terminate this Agreement by contacting us on 0333 003 7777 and giving us notice of termination. You will not be able to claim back any Credit on your Account or any sums in relation to any unused part of the Introductory Period. This Agreement will terminate once we have processed your request over the telephone.

10.2 Either of us may terminate this Agreement at any time on notice (in accordance with clause 4 below) to the other, without any liability, if that other party (the "Defaulting Party"):

10.2.1 breaches this Agreement in a material way and does not put it right (where it is possible to do so) within a reasonable period after a request to do so; or;

10.2.2 has bankruptcy or insolvency proceedings brought against them, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of that Defaulting Party's assets or that Defaulting Party becomes bankrupt or goes into liquidation.

10.3 We may terminate this Agreement at any time on notice (in accordance with clause 4 below), without liability, if:

10.3.1 we have reasonable cause to suspect a fraudulent payment has been made to purchase the Device, the SIM Card or the Services;

10.3.2 we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the SIM Card or any Equipment is taking place; or

10.3.3 you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network such as for example creating a GSM Gateway, Artificially Inflated Traffic or similar.

10.4 You may also end this Agreement, without penalty, immediately by notifying us if:

10.4.1 the Services are no longer available to you for a significant period of time (such a period not to be less than 7 days): or

10.4.2 we notify you of an upcoming change or variation of the terms of this Agreement in accordance with clause 1 and you notify us before those changes take effect.

10.5 We may also end this Agreement immediately by notifying you:

10.5.1 where we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to clause 2 to 5.11 (inclusive);

10.5.2 we have reasonable cause to suspect the SIM Card, the Device and/or the Services have been purchased through fraudulent means or that this Agreement has been entered into fraudulently; or

10.5.3 if you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network.

10.5.4 if there is no chargeable activity for 120 days or more. We will notify you via SMS after 90 days of no chargeable activity.

10.6 If you wish to terminate this Agreement, please:

10.6.1 call our customer services team on 0333 003 7777;

10.6.2 email us at idmobile.co.uk/help-and-advice/contact-us; or

10.6.3 write to us at iD Mobile Ltd, PO Box 686, Salford M5 0PA.

10.7 If this Agreement is ended;

10.7.1 your access to the Services will be disconnected;

10.7.2 Any unused Credit or will be lost (whether or not this Agreement is ended during the Introductory Period); and

10.7.3 you will no longer be entitled to use any number associated with your SIM Card unless you have ported the number to another network.

10.8 We may suspend or terminate the provision of the Services where this is strictly necessary:

10.8.1 for reasons outside of our control; or;

10.8.2 if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

10.9 If the Services are suspended, this Agreement will still continue.

10.10 If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you will use the Services only in accordance with the terms of this Agreement. We will continue to provide access to emergency services.

10.11 Notwithstanding the provisions of this clause, you may be able to terminate this Agreement in accordance with the terms of sale (or similar) that apply to you.

11.1 The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Device and the information stored on it. These programs may perform actions that you have not authorised, possibly without your knowledge.

11.2 We or our contractual partners may provide links to other websites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, goods, services, digital content or merchants found by using your Device are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods, services or digital content offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods, services or digital content or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.

11.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Services whether publicly posted or privately transmitted, is the sole responsibility of the person from which such information originated. This means that you, and not us, are entirely responsible for all information that you upload, email or otherwise transmit via the Internet.

11.4 We will use reasonable endeavours to maintain the Content produced or published by us 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 the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.

11.5 The Services enable access to the Content. You may only use the 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. The reselling, 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 the Content for your personal use only.

11.6 Once you have Registered to use the Services, your Internet access provided through the Services will have been programmed so that you are barred from accessing Content that we deem to be reserved for adult audiences. The ability to access adult Content is subject to status and us being satisfied that you are over 18 years of age. If you want to have your Services unbarred, then you should call us on 0333 003 7777 or email us on idmobile.co.uk/help-and-advice/contact-us.

12.1 The Charges for the Services will be made in accordance with our List of Charges using the details we have recorded. The List of Charges may change from time to time.

12.2 You are responsible for all Charges arising under this Agreement whether incurred by you or anyone else using your Device and/or SIM Card with or without your knowledge at the times and in the manner set out in this Agreement.

12.3 Upon expiry of the Introductory Period, you will be required to purchase Credit in order to use the Services. You will not be able to use the Services if you have no Credit on your Account or allowances which provide access to the Services. Credit and allowances are non-refundable. Upon expiry, any unused Credit or allowances will be lost.

12.4 Unless an additional Top-Up has been made, any unused Credit will expire after a period of 365 days from the date of purchase and unused allowances will expire as specified and this is non-refundable.

12.5 If you don't apply any Credit to your account, purchase a bundle, or make a chargeable event within 4 months of the expiry of the Introductory Period or, if later, the date you last applied Credit to your Account, your Account may be disconnected.

12.6 If we provide you with Credit to your account (for example, as a goodwill gesture), such Credit will be deducted against your Charges until the Credit has been used. This Credit cannot be redeemed for cash and any unused credits are non-refundable upon disconnection or termination of this Agreement.

12.7 You will have to pay for replacement SIM Cards at the price as stated in our List of Charges at that time.

12.8 Additional data charges may apply when used outside the UK and the EEA and you will have to purchase Credit or Additional Services to use the Services outside of the UK and the EEA.

12.9 If you have access to the Services outside of the Introductory Period, you must have a balance greater than or equal to zero to retain the Services, or any additional allowances purchased through your Account.

12.10 Calls made by Pay As You Go customers in the UK to eligible UK numbers, are charged or deducted per minute (rounded up to the nearest minute) with a 1 minute minimum charge.

12.11 For all customers, calls made in the UK to eligible international numbers are charged in one minute increments rounded up to the nearest minute.

12.12 When roaming in the EEA, charges for calls you make will be charged or deducted per second (rounded up to the nearest second) with a 30 second minimum charge. When roaming other than in the EEA, you will be charged for the calls you make and receive by the minute or less and any part minute will be rounded up to the nearest whole minute or less. This is dependent on the location you are roaming in. Details of these charges will be set out in our List of Charges. MMS or SMS messages made outside the EEA may be charged other than in whole penny increments. Within the EEA, SMS messages will be deducted from your domestic allowance and MMS, from your data allowance.

12.13 UK Data usage made by Pay As You Go customers are charged or deducted, in one kilobyte (KB) increments and any part KB used will be rounded up to the nearest KB.

13.1 We will not be liable under this Agreement for any loss or damage caused by circumstances where:

13.1.1 there is no breach of a legal duty of care owed to you by us;

13.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

13.1.3 such loss or damage results from the breach by you of any term of this Agreement.

13.2 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

13.3 Nothing in this Agreement shall:

13.3.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or

13.3.2 limit your rights as a consumer under applicable UK law.

13.4 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.

13.5 Each provision of this clause operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.

14.1 Neither of us shall be liable to the other if we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities.

15.1 We need to collect certain Personal Information in order to provide you with the Services. This Personal Information will form part of a record of your dealings with us.

15.2 When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Group (and the Manager's Group). This includes:

15.2.1 details you give us on order forms or during communications with you; and

15.2.2 details we receive from credit reference and fraud detection agencies.

15.3 You agree that we may use and update your Personal Information:

15.3.1 to manage your accounts;

15.3.2 to make credit, fraud and identity checks on you (i) prior to accepting any order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;

15.3.3 to provide you with goods and/or services that you have ordered;

15.3.4 to prevent and detect fraud, crime and money laundering;

15.3.5 to update our records about you; and

15.3.6 to check your identity;

15.3.7 to segment our customer base and help us develop offers, products and services to provide you with the best customer experience;

15.3.8 unless you have opted out, to market and advertise our Services, iD products and occasionally third party products and services that may be of interest to you including third party offers, promotions, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email or online or via applications;

15.3.9 to recommend packages for you based on your use of the Services e.g. if you regularly exceed your voice or data plan, we may suggest you moving to a better Tariff;

15.3.10 to contact you to invite you to form part of our consumer panel or research groups about our products and services or customer satisfaction surveys (you may be contacted by third parties on our behalf); or

15.3.11 to provide you with personalised services and communications as well as targeted advertising from iD on our website and selected partner websites.

15.4 If you give us false or inaccurate information or we identify fraud, we may record this.

15.5 We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies.

15.6 Credit reference agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.

15.7 Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

15.8 We may also enable third party partners to tailor ads which are more relevant and useful to you when you are browsing the internet or are using mobile apps. This may involve the use of cookies and other similar technologies. Personalisation may be based on various factors such as your age and gender, your device details or your inferred interests but we will not share any information with these third parties which directly identifies you. However, by interacting with or viewing an ad, you should be aware that the third party may make the assumption that you meet the targeting criteria used to display the ad. You can opt out of targeting of advertising from third parties (so that you receive ads without using this information). For more information, please visitwww.youronlinechoices.com/uk/. We may use your location if you have told us that you are interested in location based offers and services.

15.9 You agree that we may use your Personal Information for operating a publicly accessible directory service. You may opt-out from having your Personal Information listed in a publicly accessible directory service by calling our customer services on 0333 003 7777.

15.10 We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

15.11 When assessing an application, we may use automated decision-making systems.

15.12 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group (and the Manager may disclose within its Group), we will only disclose it outside the Group when:

15.12.1 you give us your consent;

15.12.1 you give us your consent;

15.12.2 it is needed by certain reputable third parties involved in running accounts and/or providing services for us;

15.12.3 it is needed in order to obtain professional advice;

15.12.4 it is needed to investigate or prevent crime;

15.12.5 the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or

15.12.6 there is a duty to the public to reveal the Personal Information.

15.13 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.

15.14 We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.

15.15 Where we process sensitive Personal Information, we will employ appropriate security measures and safeguards.

15.16 If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you, please write to us at: iD Data Protection Office, P.O. Box 375, Southampton, SO30 2PU enclosing:

15.16.1 your full name, address, and mobile number;

15.16.2 proof of your identity (this can be a photocopy of your passport, birth certificate or driver's licence);

15.16.3 proof of your address (this can be a recent credit or debit card statement or a photocopy of a utility bill showing the same name and address as on your Account and which is no more than three months old); and

15.16.4 a cheque for £10 made payable to iD Mobile Limited.

15.17 You will have the opportunity to consent to us contacting you by email, phone or SMS from time to time occasionally about products and services which the Group, the Manager's Group, and carefully selected third parties believe may be of interest to you.

15.18 You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by:

15.18.1 logging into your Account at my.idmobile.co.uk/;

15.18.2 calling us on 0333 003 7777; or

15.18.3 writing to us at us c/o iD Mobile Ltd, PO Box 686, Salford M5 0PA.

15.19 We may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Device or it is stolen from you. Please contact us on 0333 003 7777 if you do not want your information to be passed to MEND and/or SEND.

15.20 It is your responsibility to ensure that you notify any change of device to MEND and SEND to ensure that there is no interruption of their service to you.

15.21 If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.

16.1 All calls to the iD Customer Services Representatives may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.

17.1 You may send us notices under or in connection with this Agreement:

17.1.1 by post to iD Mobile Ltd, PO Box 686, Salford M5 0PA; or

17.1.2 by completing the Contact Us form at idmobile.co.uk/help-and-advice/contact-us.

17.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should retain.

17.3 We may send notices to you under or in connection with this Agreement:

17.3.1 by posting them to the address of which you have informed us;

17.3.2 by SMS, if you have provided us with your mobile phone number,

17.3.3 by email to the email address you provided during Registration; or

17.3.4 by push notification to your Mobile Device.

17.4 Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or email shall be deemed to have been delivered the day after the day the notice is sent.

18.1 We will endeavour to handle any complaints about the Services fairly, efficiently and confidentially. You can complain in the following way:

18.1.1 in writing addressed to: iD Mobile Ltd, PO Box 686, Salford M5 0PA; or

18.1.2 via our Website at idmobile.co.uk/help-and-advice/contact-us.

18.2 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the UK.

19.1 Subject to clauses 2 and 19.3 below, we reserve the right to change the terms and conditions of this Agreement, including any Charges, at any time, save that we will not make any alterations to the Introductory Period unless this is due to circumstances outside our control.

19.2 We will give you notice of any changes either by writing to you, emailing you or sending you an SMS, in addition to which we will publish them on our Website.

19.3 If any changes to this Agreement are likely to disadvantage you, we will give you at least one month's notice of such changes. In turn, you may end this Agreement in accordance with clause 6. Your continued use of the Services will signify your acceptance of such changes and you will be bound by them accordingly.

20.1 We can transfer the benefit and you agree that we can transfer the obligations under this Agreement to any third party (including, without limitation, any member of the Group), without notice to you or your consent. We have subcontracted the administration and management of the services we provide to iD Mobile Ltd the "Manager".

21.1 Other than as provided for under Clause 19.1 above, nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

22.1 You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

22.2 If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action at a later time. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we elect just to suspend them instead, we can still end this Agreement if you breach it again.

22.3 When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.

22.4 If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our List of Charges from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your mobile phone number on receiving handsets.

22.5 For your own protection, you must keep confidential the electronic serial number of your Mobile Device, any lock code(s) associated with your Mobile Device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.

22.6 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Device. Depending upon the manufacturer and model, your Mobile Device may send information stored on it and receive information to and from certain third parties without your knowledge.

22.7 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.

22.8 These conditions also apply if you lend or give your Mobile Device to someone else.

You will be provided with a Customer Services PIN number via SMS when your order for a Post-Pay Tariff has been accepted by us. You will be required to change your PIN the first time you call iD Customer Services Representatives, and it is your responsibility to protect your PIN. This may also be found and changed via the iD app or My Account at my.idmobile.co.uk/.

23.2 A Customer Services PIN number allows to you to interact with iD Customer Services Representatives and access information regarding your account, including (but not limited to) your outstanding balance and usage and allowance information, purchasing Additional Services and bundles, activating/deactivating any Additional Services you may have on your account and performing manual payments. Please note that our customer services team will be unable to discuss any account details with you unless we can verify your identity (using the PIN or security questions).

24.1 You confirm that you have full contractual capacity to agree to this Agreement and you confirm that you are able to pay the Charges under this Agreement.

25.1 This Agreement shall be governed by English law, unless you live in Scotland in which case, this Agreement shall be governed by Scots law.

1. Definitions

"EU Law" means the Regulation 531/2012 of 13 June 2012 on roaming on public mobile communications networks within the Union (as amended) and any other applicable law or regulation.

"EU Roaming Data Allowance" means the amount of data provided under your Tariff, except where otherwise provided for in this Fair Use Policy.

"EU Roaming Price" means the price set under your Tariff, except where otherwise provided for in this Fair Use Policy. The "Roaming Price" may include use towards your monthly inclusive allowance (in the case of Eligible Calls) or use of Credit.

"EU Roaming Use" means your use of Services in any of the 27 EU countries (other than the UK) as well as Lichtenstein, Norway, Iceland and the following Outermost Regions: Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint Martin, the Canary Islands, the Azores and Madeira.

"Surcharge" means an additional charge we may levy if your EU Roaming Use exceeds the limit permitted by this Fair Use Policy, but excludes our out of bundle rates which you can view on our Website.¹

The definitions used in clause 1 of the Post Pay, Pay as you go and All In One terms and conditions on our Website2 apply to this Fair Use Policy.

2. Whom this applies to

This Fair Use Policy applies to Pay as you go and Post Pay customers but not iD TakeAway customers.³

3. Voice and SMS

When making EU Roaming Use of our Services, phone calls and SMS will be charged at the Roaming Price.

4. Data

If you are a Pay as you go customer making EU Roaming Use of data, you will receive the EU Roaming Data Allowance. Above this allowance, you will be charged the out of bundle rate.

If you are a Pay Monthly customer, your EU Roaming Data Allowance will be capped in accordance with EU Law, which may be a lower amount than your bundle allows you to use at home. We will notify you of this cap by SMS, email or in your browser when you first connect to the internet via EU Roaming Use.

5. When we may limit your data, voice and SMS services

If your EU Roaming Use exceeds the EU Roaming Data Allowance (RDA), we may apply a Surcharge of £/mb of data used beyond the RDA, up to the amount your inclusive allowance under your Tariff. Use beyond your inclusive allowance will be charged under your Tariff. (You can still buy an Additional Service or use your Data Cushion if you have one).

In respect of voice and SMS services, we may apply a Surcharge if we think you are roaming permanently, regardless of any allowance under your Tariff.

6. How we will monitor your EU Roaming Use of data, voice and SMS services

If over a four-month period, your EU Roaming Use of our Services exceeds your use of our Services at home, we may think you are permanently roaming. We will determine this based on the days your SIM card is registered in the location register, and other technical means at our disposal. We may also observe your Data, SMS and phone call patterns to determine how long you are abroad for.

We may also consider your EU Roaming Use breaches this Fair Use Policy if your SIM card is only active when you are making EU Roaming Use of our Services, or if you if buy more than one SIM from us when roaming. We may also immediately restrict your services if you are reselling our SIM cards to be used by non-UK residents⁴. We may also require you to prove you are a permanent UK resident or that you otherwise have stable links with the UK.

To prove this, you may submit a utility bill, bank statement, driving licence, enrolment on full-time academic course or another document. In either case, we reserve the right to discontinue providing roaming services or apply a Surcharge if you cannot provide the required proof.

7. How we will contact you if you breach the Fair Use Policy

Step 1

If we think you are breaching this Fair Use Policy, we will first contact you by SMS, phone call, email or via your browser when you use the internet to warn you we may apply a Surcharge if you continue to make EU Roaming Use of our Services which breaches this Fair Use Policy for two weeks from the time we notify you.⁵

Step 2

If after two weeks from our first warning, you continue to use our Services in a way that breaches this Fair Use Policy then we may apply a Surcharge for each additional megabyte used, second of phone call made or SMS sent.

8. Your right to complain

If you think we have made a mistake and that you are not breaching this Fair Use Policy, you may contact us by telephone, web chat or email. You can provide us with any information you think demonstrates that your use EU Roaming Use of our Services is for the purposes of period travel and not permanent roaming.

¹ https://www.idmobile.co.uk/help-and-advice/call-charges

² https://www.idmobile.co.uk/legal/terms-and-conditions

³Providers are free to provide alternative roaming tariff plans in which case the FUP does not apply: Article 4(7), Implementing Regulation.

⁴Article 4(4)(a) and (b), Article 5, Implementing Regulation

⁵Article 5(3) and 5(4), Implementing Regulation

2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.

2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.

2.3 We will exercise all reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.

2.4 The Services may not be available in all parts of the United Kingdom. The Services may also not be available abroad unless you have international roaming and in any event may not be available in all areas abroad.

2.5 The Services are not fault free and may be impaired by issues including:

(a) too many people trying to use the Network;

(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);

(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and

(d) circumstances beyond our reasonable control.

2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.

3.1 The Services are not provided to meet your exact requirements and you must satisfy yourself that your Mobile Device is compatible for use with the Services and that the Services meet your needs.

3.2 You must provide accurate information when you Register an Account and keep this information updated during the term of this Agreement. Failing to do so may affect our ability to verify your identity and may prevent you from accessing the Services. We do not accept any liability arising out of your failure to provide or maintain accurate information.

3.3 The Services are for personal use only and must not be resold or commercially exploited.

3.4 You must not use the Services or the SIM Card, nor allow anyone else to do so, for illegal or improper uses, including but not limited to use which:

(a) is defamatory of any person;

(b) is obscene, offensive, hateful or inflammatory;

(c) promotes violence;

(d) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) breaches any intellectual property rights;

(f) is likely to deceive any person or misrepresents your identity or affiliation with any person;

(g) breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(h) promotes any illegal activity.

(i) is threatening, abusive or invasive of another’s privacy, or causes annoyance, inconvenience or needless anxiety (including the making of hoax telephone calls);

(j) is likely to harass, upset, embarrass, alarm or annoy any other person;

(k) advocates, promotes or assists any unlawful act;

(l) breaches any security or other safeguards or any other way which harms or interferes with the Network, the Services or the networks or systems of others;

(m) establishes, installs, connects to or otherwise uses a GSM Gateway; or

(n) generates Artificially Inflated Traffic.

3.5 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and your Account.

3.6 You must use your SIM Card and the Services in accordance with the terms of this Agreement and any other instructions issued by us. You acknowledge that the SIM Card provided to you does not belong to you and remains our property. You must not sell your SIM Card, phone number, code or transfer them other than through the standard mobile number porting procedure.

3.7 You are responsible for any Charges incurred through the unauthorised use of the Services through your SIM Card until you notify us that your SIM Card has been lost or stolen.

3.8 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services and you must, at our request, immediately stop any act or acts complained of and provide us with reasonable assistance.

4.1 Occasionally we may have to:

(a) alter the mobile phone number or any name, code or number or technical specification associated with the SIM Card or the Services for reasons beyond our control;

(b) change your SIM Card;

(c) give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;

(d) temporarily suspend the Services (or any part of them); and

(e) bar certain numbers from the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.

4.2 From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will adversely affect the Services.

4.3 If we believe that we may be unable to continue to provide the Services on a particular network for any reason we may transfer the mobile phone number to another network. On transfer we will continue to make available to you the Services, or similar services.

4.4 We reserve the right to monitor your usage, if we reasonably determine that your use is in breach of any applicable fair use policy, we may do one or all of the following:

(a) request you to moderate your use; or

(b) suspend your Service.

4.5 We reserve the right to manage data traffic across the Network for the benefit of all of our customers as a whole. We may publish and update an acceptable use policy from time to time, including a traffic management policy outlining details of our approach to traffic management. We will inform you as soon as possible if we decide to introduce such a policy.

5.1 We may at our discretion bar your SIM Card from making calls (other than emergency calls), sending SMS and MMS messages and sending and receiving data, or disconnect your SIM Card from the Network if:

(a) we reasonably suspect you are in breach of this agreement;

(b) your Mobile Device or details of your Payment Method are lost or stolen;

(c) we reasonably suspect fraudulent use of a Payment Method, your SIM Card or Mobile Device; or

(d) you are persistently abusive or cause nuisance to our staff, our agents or third parties.

6.1 This Agreement terminated by:

(a) you contacting us with notice of termination;

(b) you porting your mobile phone number to another mobile network; or

(c) us by giving you 30 days written notice.

6.2 We may terminate this Agreement at any time on notice and without liability to you, if:

(a) we reasonably believe you have breached any of the terms of this Agreement;

(b) we reasonably believe your Payment Method has been used fraudulently to purchase your SIM Card or pay for Top-Ups and/or Bundles;

(c) we reasonably believe this Agreement has been entered into fraudulently;

(d) we reasonably believe the Services are being used fraudulently or improperly; or

(e) you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of the Network, such as creating a GSM Gateway or generating Artificially Inflated Traffic.

6.3 If this Agreement is terminated:

(a) your access to the Services will be disconnected;

(b) you will no longer be entitled to use your mobile number unless you have ported it to another network; and

(c) you will lose any Credit remaining on your Account.

6.4 We may suspend or terminate the provision of the Services where this is strictly necessary:

(a) for reasons outside of our control; or;

(b) if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

6.5 If the Services are suspended, this Agreement will still continue.

6.6 If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until we are satisfied you will use the Services in accordance with the terms of this Agreement.

7.1 The Services will allow you to access the Internet through a suitable Mobile Device. We have no control over the contents of websites or online resources which are not owned or operated by us. You must satisfy yourself of the accuracy or completeness of any information you rely upon when accessing the Internet through the Services, including any information relating to the online purchase of goods, services or digital content. We do not accept any liability for loss or damage suffered through your use of the Internet as part of the Services unless this is attributable to our negligence.

7.2 You must ensure you are entitled to access any websites, resources and networks before doing so and you must adhere to any applicable terms of access. We do not accept any liability for loss or damage arising out of your use or misuse of any websites, resources or networks.

7.3 We shall not provide access to any part of the Services which we deem appropriate for adult audiences only unless you specifically request access to such part of the Services. You may request access to such part of the Services through your Account or by contacting us. We shall take all reasonable steps to verify you are aged over 18 years, which may include carrying out credit checks against you.

8.1 We shall deduct the Charges incurred through use of the Services, whether incurred by you or anyone else using your Mobile Device or SIM Card, with or without your knowledge. We shall calculate the Charges in accordance with our List of Charges, which may change from time to time.

8.2 You may purchase Credit to pay for the Services by using the following Top-Up methods:

(a) Purchasing a Bundle, the allowances of which shall be deducted against the Charges as they are incurred;

(b) purchasing out-of-bundle Credit, which shall be deducted against the Charges in accordance with our List of Charges;

(c) setting up an Auto Top-Up in your Account, which shall automatically apply an amount of Credit determined by you each time your balance reaches £2.00; or

(d) purchasing a Recurring Bundle, which shall automatically apply a Bundle by you every calendar month from the date on which it was first applied to your Account.

8.3 You will not be able to use the Services if you have no Credit, active add-ons or Bundles applied to your Account.

8.4 You shall not under any circumstances be entitled to a refund of the value of any Top-Up or Bundle applied to your Account. This does not affect your legal rights.

8.5 Any unused Credit will expire:

(a) 365 days from the date of purchase;

(b) in relation to any unused Credit as part of a Bundle, one calendar month after the date of Top-Up;

(c) in relation to any unused Credit as part of a Recurring Bundle only, upon renewal of that Recurring Bundle; or

(d) upon termination of this Agreement.

8.6 Recurring Bundles will be charged to your Payment Method approximately six hours before your Recurring Bundle is due to renew. You may amend or cancel a Recurring Bundle at any time except:

(a) in the 24-hour period prior to a scheduled recurrence when requesting a change through contact with our customer services team; or

(b) in the six hour period prior to a schedule recurrence when making a change through your Account, whether through the iD mobile application or the iD website.

8.7 The renewal of a Recurring Bundle will not diminish any Credit or Bundle applied to your Account separately from the Recurring Bundle unless Clauses 8.5(a) or 8.5(d) apply.

8.8 Eligible Calls made in the UK are deducted in one second increments rounded up to the nearest whole minute. Eligible Calls that last under one minute are rounded up to one minute, Eligible Calls over one minute are rounded up to the nearest whole minute.

8.9 Data used in the UK shall be deducted in one kilobyte increments rounded up to the nearest whole kilobyte.

8.10 Calls made in the UK to international numbers are charged in one minute increments rounded up to the nearest whole minute.

8.11 Roaming Charges will vary depending on the location you are roaming in. If you are abroad and you are entitled to roam, you will typically be charged for calls you make and receive charged in one minute increments rounded up to the nearest whole minute. SMS and MMS messages may be charged otherwise than in whole penny increments. Details of our Charges are set out in our List of Charges.

8.12 Unless otherwise stated, call prices are quoted by the minute and include VAT. Each call is charged excluding VAT and then rounded up to the nearest whole penny, each MMS or SMS is charged excluding VAT and then rounded up to the nearest tenth of a penny. VAT is then added where applicable and then rounded up to the nearest whole penny.

8.13 Calls and texts to customer services, voicemail services, premium rate services, non-geographic numbers, international numbers and when roaming will attract additional Charges in accordance with our List of Charges.

8.14 Your Account may be disconnected if you do not apply any Credit or incur any Charges in a continuous period of four months.

8.15 SMS messages exceeding 160 characters shall be charged as one SMS message per each 160 characters. MMS messages shall be subject to a maximum size of 295kb. Some Mobile Devices automatically convert SMS messages into an MMS message, such as where the message exceeds 160 characters or is to be sent to more than one recipient. These messages are charged accordingly. You are responsible for administering your Mobile Device settings.

9.1 We will not be liable under this Agreement for any loss or damage caused by circumstances where:

(a) there is no breach of a legal duty of care owed to you by us;

(b) such loss or damage is not a reasonably foreseeable; or

(c) such loss or damage results from your breach of any part of this Agreement.

9.2 Our liability shall not in any event include losses related to any business you may own or operate, including but not limited to lost data, lost profits or business interruption

9.3 Nothing in this Agreement shall:

(a) exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our agents or employees; or

(b) limit your rights as a consumer under applicable UK law.

9.4 Each provision of this Clause 9 operates separately. If any part does not take effect for any reason then the other parts will continue to apply even after the Agreement has ended.

10.1 Neither of us shall be liable if we are unable to perform our obligations under this Agreement due to matters beyond your or our reasonable control.

10.2 For the purposes of this Clause 10, matters beyond reasonable control include, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of third parties over whom we have no control or authority (including other telecommunication providers), or acts of local or central Government or other competent authorities.

11.1 We need to collect certain Personal Information to provide you with the Services. This Personal Information will form part of a record of your dealings with us.

11.2 We shall use Personal Information about you and your use of the Services in order to:

(a) verify your identity;

(b) manage your Account;

(c) perform our obligations to you under this Agreement;

(d) fulfil any order you place with us; and

(e) detect and prevent fraud, crime and money laundering.

11.3 We may record any instance where you give us false or inaccurate information or where we reasonably suspect fraud.

11.4 We may use and disclose information about you and your operation of your Account to, law enforcement and fraud prevention agencies.

11.5 You agree that we may use your Personal Information for operating a publicly accessible directory service.

11.6 We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

11.7 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group, we will only disclose it outside the Group when:

(a) you give us your consent;

(b) it is needed by certain reputable third parties involved in running accounts or providing services for us pursuant to the Services we provide to you;

(c) it is needed in order to obtain professional advice;

(d) it is needed to investigate or prevent crime (e.g. to fraud prevention agencies);

(e) the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or

(f) there is a duty to the public to reveal it.

11.8 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.

11.9 We shall employ appropriate security measures when processing sensitive Personal Information.

You may request a copy of all Personal Information we hold about you by writing to us at iD Mobile Limited, PO Box 375, Southampton SO30 2PU. You must enclose:

(a) your full name, address, iD Mobile number (if applicable);

(b) proof of your identity (e.g. a photocopy of your passport, or driving licence);

(c) proof of your address (e.g. a recent bank statement or utility bill dated within the last three months); and

(d) a cheque in the sum of £10 made payable to iD Mobile Limited.

11.10 You may make changes to your marketing preferences and update any inaccurate or incomplete information at any time by:

(a) logging into your Account, whether through the iD mobile application or the iD website;

(b) calling us on 0333 003 7777; or

(c) writing to us at us iD Mobile Ltd, PO Box 686, Salford M5 0PA.

11.11 We may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Mobile Device or it is stolen from you. Please contact us on 0333 003 7777 if you do not want your information to be passed to MEND or SEND. You are responsible for notifying any change of Mobile Device to MEND and SEND.

12.1 We monitor, record, store and use telephone, email and other electronic communications with you for:

(a) training and quality monitoring purposes;

(b) checking any instructions given to us;

(c) improving the quality of our customer service; and

(d) detecting and preventing crime.

13.1 You may send us notices under or in connection with this Agreement:

(a) by post to iD Mobile Ltd, PO Box 686, Salford M5 0PA; or

(b) by completing the Contact Us form at idmobile.co.uk/help-and-advice/contact-us.

13.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.

13.3 We may send notices to you under or in connection with this Agreement:

(a) by posting them to the address of which you have informed us;

(b) by SMS, which shall be sent to your mobile phone number, or

c) by email to the email address you disclosed when you Registered an Account.

13.4 Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent.

14.1 We shall endeavour to handle all complaints fairly, efficiently and confidentially. You may complain by:

(a) writing to us at iD Mobile Ltd, PO Box 686, Salford M5 0PA;

(b) calling us on 0333 003 7777; or

(c) contacting us through our website at idmobile.co.uk/help-and-advice/contact-us.

14.2 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

15.1 You will be provided with a Customer Services PIN number via SMS when you complete your Registration for an iD Account. You will be required to change your PIN the first time you call iD Customer Services Representatives, and it is your responsibility to protect your PIN.

15.2 A Customer Services PIN number allows to you to interact with iD Customer Services Representatives and access information regarding your account, including (but not limited to) your outstanding balance and usage and Allowance information, managing add-ons and Bundles you may have on your account and performing manual payments.

16.1 We may alter this Agreement, including any Charges, at any time. We shall give you notice of any changes by writing to you, sending you an SMS message and publishing any changes on our website.

16.2 We may transfer our rights and you agree that we may transfer our obligations under this Agreement to any third party (including, without limitation, any member of our Group), without notice to you or the need for consent.

16.3 Our decision to overlook any breach of this Agreement by you shall not prevent us from taking further action at a later time. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we elect to suspend them instead, we may still end this Agreement if you breach it again.

16.4 You must notify us promptly if you change your name, address or Payment Method that may affect your payment of the Charges (e.g. where you replace your debit card).

16.5 We comply with EU regulations relating to mobile roaming within the EU. Please contact us to uncap your data roaming limits.

16.6 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 of its terms.

16.7 You confirm that you have full contractual capacity to agree to this Agreement and you confirm that you are able to pay the Charges under this Agreement.

16.8 This Agreement shall be governed by English law, unless you live in Scotland in which case, this Agreement shall be governed by Scots law.

1. Definitions

"EU Law" means the Regulation 531/2012 of 13 June 2012 on roaming on public mobile communications networks within the Union (as amended) and any other applicable law or regulation.

"EU Roaming Data Allowance" means the amount of data provided under your Tariff, except where otherwise provided for in this Fair Use Policy.

"EU Roaming Price" means the price set under your Tariff, except where otherwise provided for in this Fair Use Policy. The "Roaming Price" may include use towards your monthly inclusive allowance (in the case of Eligible Calls) or use of Credit.

"EU Roaming Use" means your use of Services in any of the 27 EU countries (other than the UK) as well as Lichtenstein, Norway, Iceland and the following Outermost Regions: Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint Martin, the Canary Islands, the Azores and Madeira.

"Surcharge" means an additional charge we may levy if your EU Roaming Use exceeds the limit permitted by this Fair Use Policy, but excludes our out of bundle rates which you can view on our Website.¹

The definitions used in clause 1 of the Post Pay, Pay as you go and All In One terms and conditions on our Website2 apply to this Fair Use Policy.

2. Whom this applies to

This Fair Use Policy applies to Pay as you go and Post Pay customers but not iD TakeAway customers.³

3. Voice and SMS

When making EU Roaming Use of our Services, phone calls and SMS will be charged at the Roaming Price.

4. Data

If you are a Pay as you go customer making EU Roaming Use of data, you will receive the EU Roaming Data Allowance. Above this allowance, you will be charged the out of bundle rate.

If you are a Pay Monthly customer, your EU Roaming Data Allowance will be capped in accordance with EU Law, which may be a lower amount than your bundle allows you to use at home. We will notify you of this cap by SMS, email or in your browser when you first connect to the internet via EU Roaming Use.

5. When we may limit your data, voice and SMS services

If your EU Roaming Use exceeds the EU Roaming Data Allowance (RDA), we may apply a Surcharge of £/mb of data used beyond the RDA, up to the amount your inclusive allowance under your Tariff. Use beyond your inclusive allowance will be charged under your Tariff. (You can still buy an Additional Service or use your Data Cushion if you have one).

In respect of voice and SMS services, we may apply a Surcharge if we think you are roaming permanently, regardless of any allowance under your Tariff.

6. How we will monitor your EU Roaming Use of data, voice and SMS services

If over a four-month period, your EU Roaming Use of our Services exceeds your use of our Services at home, we may think you are permanently roaming. We will determine this based on the days your SIM card is registered in the location register, and other technical means at our disposal. We may also observe your Data, SMS and phone call patterns to determine how long you are abroad for.

We may also consider your EU Roaming Use breaches this Fair Use Policy if your SIM card is only active when you are making EU Roaming Use of our Services, or if you if buy more than one SIM from us when roaming. We may also immediately restrict your services if you are reselling our SIM cards to be used by non-UK residents4. We may also require you to prove you are a permanent UK resident or that you otherwise have stable links with the UK.

To prove this, you may submit a utility bill, bank statement, driving licence, enrolment on full-time academic course or another document. In either case, we reserve the right to discontinue providing roaming services or apply a Surcharge if you cannot provide the required proof.

7. How we will contact you if you breach the Fair Use Policy

Step 1

If we think you are breaching this Fair Use Policy, we will first contact you by SMS, phone call, email or via your browser when you use the internet to warn you we may apply a Surcharge if you continue to make EU Roaming Use of our Services which breaches this Fair Use Policy for two weeks from the time we notify you.⁵

Step 2

If after two weeks from our first warning, you continue to use our Services in a way that breaches this Fair Use Policy then we may apply a Surcharge for each additional megabyte used, second of phone call made or SMS sent.

8. Your right to complain

If you think we have made a mistake and that you are not breaching this Fair Use Policy, you may contact us by telephone, web chat or email. You can provide us with any information you think demonstrates that your use EU Roaming Use of our Services is for the purposes of period travel and not permanent roaming.

¹ https://www.idmobile.co.uk/help-and-advice/call-charges

² https://www.idmobile.co.uk/legal/terms-and-conditions

³Providers are free to provide alternative roaming tariff plans in which case the FUP does not apply: Article 4(7), Implementing Regulation.

⁴Article 4(4)(a) and (b), Article 5, Implementing Regulation

⁵Article 5(3) and 5(4), Implementing Regulation