Terms & Conditions

COMPULSORY CUSTOMER TERMS

1. KEY POINTS

1.1. The terms for Services only cover the terms on which you may use the Services. They do not cover your purchase of your Handset.

1.2. Services will be provided within our network provider’s network area but it’s always possible that the quality or coverage may be affected at times.

1.3. You must not use the Services for any illegal or improper purposes. Anyone under 18 is not permitted to access Age Restricted Services.

1.4. You agree that we and our network provider can process your personal data which we collect or which you submit to us during any sales or registration process, for a number of purposes, including to open and manage an account for Services, to deliver products and services ordered by you, for credit checking and fraud prevention, (subject to your preferences) as set out in our ‘Privacy Notice’ in the Terms for Services.

2. TERMS OF SERVICES

2.1. About your agreement

2.1.1. It is your responsibility to make sure any SIM is only used to access Services as permitted in this agreement. This agreement does not cover the supply of your Handset. The manufacturers of Handsets are not related to us.

2.2. Variations to your agreement or prices

2.2.1. We may vary any of the terms of your agreement. You can end the agreement if such variations are to your detriment except that you will not be able to end the agreement if such variation or increase:

2.2.1.1. is due to changes to the law, government regulation or licence which affect us; or

2.2.1.2. relates solely to Additional Services;

2.2.2. If you carry on using Services after the variation commences, you will be deemed to have accepted the variation.

3. WHAT WE WILL PROVIDE FOR YOU

3.1. A phone number and SIM

3.1.1. We or our network provider own each SIM and each SIM remains our or their property at all times. You are being allowed to use the SIM by us on a limited licence to enable you to access Services, in accordance with the terms of this agreement. We or they may recall the SIM(s) at any time for upgrades, modifications, misuse or when your agreement ends. You can only use our SIM to obtain Services from us.

3.1.2. Each SIM may only be used in Handsets which are enabled for Services and are authorised by us for Connection to network provider. Any attempt to use the SIM in other Handsets may result in serious damage to the Handset and may prevent you from being able to use it, including the making of emergency calls. In these instances, we and our network provider are not responsible for any such damage or usage problems.

4. SERVICES

4.1. Once you are Connected, we will provide you with access to our Services. The Services will include Premium Services, provided you ask for them and we approve, and may also include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18.

4.2. You will also be able to upload and send your own content using the Services. You grant us and our network provider a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the Services.

4.3. We may:

4.3.1. change or withdraw some, or part, of the Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. Subject to Section 4.1, you can end the agreement if this variation is likely to be of detriment to you as explained in Section 10; and

4.3.2. also determine how Services are presented and delivered to the Handset or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time.

4.4. Calls to the iCard Mobile Customer Care are free from your handset. Calls from any other line will be charged at the rate set by your network provider.

4.5. All calls are charged per minute as shown on the Call rates page of the website.

4.6. Text Message (SMS)

4.6.1. have a standard length of 160 characters. Some handsets may allow you to send more than one message. In these cases, the messages will be divided into the number of messages of 160 characters required and each one will be charged individually at the rates set out on the Call rates page

4.6.2. received from another mobile whilst in the UK are free, whilst the cost for sending an SMS will be deducted from your balance shortly after it has been sent

4.6.3. sent to Premium rate, sent or received whilst abroad or reverse charged do not fall under the pricing for standard messages and may be charged at a higher price

4.6.4. delivery cannot always be guaranteed

5. LIMITATION OF SERVICES

5.1. We will always try to make Services available to you. However, Services are only available within our coverage area (which comprises a video service area and a voice & picture area within the UK). Within this, there may be areas where you do not have access to all Services or where coverage is otherwise limited or unavailable.

5.2. We will use reasonable efforts to get you access to international networks when you are abroad (‘Roaming’). Overseas networks may also be limited in quality and coverage.

5.3. At our discretion we may refuse to supply any part of our Services to you. If you feel that your iCard Mobile should not be barred, please contact us.

5.4. In the interest of other users, we must limit the number and duration of messages left on individual voicemail services. The confidentiality of message cannot be guaranteed. You must not (nor allow others to) record any abusive, obscene or hoax messages likely to cause offence.

6. DISRUPTION OF SERVICES

6.1. There may be situations when Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:

6.1.1. when we or our network provider need to perform upgrading, maintenance or other work on the network or Services;

6.1.2. when you move outside our video service area whilst you are on a call (in this case calls may not be maintained);

6.1.3. when you are in areas not covered by our network. In these cases Services rely on other operators’ networks where we have no control; and

6.1.4. because of other factors outside our control, such as the features or functionality of your Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.

7. WHAT YOU WILL DO IN RETURN

7.1. Secure your PIN, Passwords and SIM

7.1.1. As we or our network provider own the SIM and it remains our or their property at all times, you must ensure that you keep the SIM safe and secure whilst it is in your possession and you must ensure that you are able to return it to us, if required to do so by us at any time, as set out in these terms.

7.2. Responsible use of Services

7.2.1. You may only use Services:

7.2.1.1. as laid out in this agreement; and

7.2.1.2. for your own personal use. This means you must not resell or commercially exploit any of the Services or content.

7.2.2. You must not use Services, the SIM or phone number or allow anyone else to use Services, the SIM or phone number for illegal or improper uses. For example:

7.2.2.1. for fraudulent, criminal, immoral, obscene, defamatory, harmful, offensive or otherwise illegal activity;

7.2.2.2. in any way which breaches another person’s rights, including copyright or other intellectual property rights;

7.2.2.3. to copy, store, modify, publish or distribute Services or content (including ringtones), except where we give you permission;

7.2.2.4. to download, send or upload content of an excessive size, quantity or frequency. We will contact you if your use is excessive;

7.2.2.5. in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or Services;

7.2.2.6. to falsify or delete 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; and

7.2.2.7. to use or provide to others any directory or details about customers.

7.2.2.8. to connect any GSM Gateway to the iCard Mobile network for illegal purposes including without limitation the unlawful provision of electronic services (as defined in the Communications Act 2003) to a third party

7.2.2.9. to use the Virtual Services for the purposes of Voice-over-Internet-protocol service or similar service, unless otherwise agreed in writing by iCard Mobile

7.2.3. 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. You must only use Handsets authorised by us for Connection to our network and also comply with all relevant legislation relating to their use.

7.2.4. We may publish an acceptable use policy, which provides more detail about the rules for use of certain Services in order to ensure that use of Services is not excessive, to combat fraud and where Services we may introduce require certain rules to ensure they can be enjoyed by our customers. If we publish a 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 network provider, its 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.

7.3. Responsible use of Messaging and Storage Services

7.3.1. While using the Messaging Services, you must not send or upload:

7.3.1.1. anything that is copyright protected, unless you have permission;

7.3.1.2. unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or

7.3.1.3. anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.

7.4. Responsible use of Age Restricted Services

7.4.1. If you are under 18, you are not permitted to access our Age Restricted Services (if any). If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Handset.

7.5. Responsible use of Services outside the UK

7.5.1. If you use Services from a country outside the UK, your use of the Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.

8. OUR RIGHTS – INTELLECTUAL PROPERTY

8.1.1. All rights, including copyright in Services and their content, belong to us, our network provider, or our licensed source, such as a content provider. We and they reserve all our and their rights.

8.1.2. The iCard Mobile trade mark and other related images, logos and names on the Services are proprietary marks of iCard Mobile Ltd.. We reserve all of our rights.

9. SUSPENSION OF SERVICES

9.1. We may Suspend any or all of the Services used without notice or compensation to the Customer where it is reasonably suspected thast the Customer is using equipment which has or is reasonably likely to, damage or disrupt the iCard Mobile Network or put it at risk. Namely, but not exclusively limited to:

9.1.1. we reasonably believe you have provided us with false or misleading details about yourself or we reasonably believe that you have used Services, the SIM(s) or a phone number for illegal or improper purposes in contravention of our responsible use requirements;

9.1.2. we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you are using Services in any of the ways prohibited in Section 7). If this happens, we will deal with the complaint in the manner set out in Section 7;

9.1.3. we are required to suspend your Services by the emergency services or other government authorities; or

9.2. If we Suspend any or all of your Services, you will still be able to make emergency calls (unless they have been Suspended at the request of the emergency services).

9.3. We reserve the right to suspend your Services if you choose not to use the Services (meaning making a chargeable call or SMS, not including those to 263 or 265) or do not top-up your balance for a continuous period of 90 days

10. ENDING THIS AGREEMENT AND DISCONNECTION OF SERVICES

10.1. We may end this agreement because of your conduct.

10.2. In the following cases, we may end your agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:

10.2.1. if we have the right to Suspend your Services on any of the grounds in Section 9 and we believe that the grounds are serious and have not been, or are unlikely to be rectified;

10.2.2. if we believe that your use of our Services is jeopardising the operation of our network providers network or is of an unacceptable nature; or

10.2.3. in the event of your bankruptcy, insolvency or death.

10.3. We may end this agreement if there is no network access or Services.

10.4. We may end your agreement if we no longer have access to other operators networks which we need to provide the Services, or we are no longer able to provide the Services due to factors beyond our control or because we cease business.

10.5. If you are a consumer, any statutory rights which you may have, which cannot be excluded or limited, will not be affected by this section. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

11. EFFECT OF THIS AGREEMENT ENDING

11.1. If this agreement ends, we will Disconnect you and you will not be able to use Services or make emergency calls.

12. Liability

12.1. Limits on our liability

12.1.1. All of our obligations to you relating to Services are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.

12.1.2. Except as set out in 12.3:

12.1.2.1. all other terms, conditions and warranties relating to Services are excluded;

12.1.2.2. our and our network operator’s entire liability to you for something we do or don’t do will be limited to Ł3,000 for one claim or a series of related claims; and

12.1.2.3. we and our network operator are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. We and our network operator are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.

12.1.3. Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law. If you are a consumer, the terms of this agreement will not affect any of your statutory rights which you have, which cannot be excluded by this agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

13. SERVICES – AREA WHERE WE HAVE NO RESPONSIBILITY

13.1. We will try to ensure the accuracy, quality and timely delivery of Services. However:

13.1.1. we and our network operator accept no responsibility for any use of, or reliance on, Services or their content, or for any disruptions to, or any failures or delays in, Services. This includes, without limitation, any alert Services or virus detection Services; and

13.1.2. subject to Section 12.3 we and our network operator do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of Services or their content. They are provided to you on an ‘as is’ basis; and

13.1.3. we and our network operator are not providing you with advice of any kind (including without limitation investment or medical advice). Where Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.

13.2. We and our network operator will not be liable;

13.2.1. for any loss you may incur as a result of someone using your PINs or passwords with, or without, your knowledge; or

13.2.2. if we or they cannot carry out our duties, or provide Services, because of something beyond our control.

13.3. Others’ content and services – Areas where we have no responsibility.

13.3.1. You may be able to use Services:

13.3.1.1. to upload, email or transmit content using Services; and

13.3.1.2. to access content which is branded or provided by others and to acquire goods and services from others. Where we provide you with such access, all we do is transmit the content to you and we do not prepare or exercise control over the content, goods or services. We and our network operator are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.

13.4. This Section 13 will apply even after this agreement has ended.

14. PRIVACY NOTICE AND YOUR INFORMATION

14.1. We may pass and share your personal information to our network provider, other communications service providers and network operators for the detection and prevention of theft and fraud, and to carry out any activities or disclosures to comply with any regulatory, government or legal requirement.

14.2. If you use Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside of the EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect your information to the same standards applying in the UK and the EEA.

15. OTHER TERMS

15.1. This agreement is governed by English law unless you live in Scotland in which case, it will be governed by Scots Law. Each of us agrees to only bring legal actions about this agreement in a UK court.

15.2. If you, or we or our network provider, delay, or do not take action to enforce our respective rights under this agreement, this does not stop you, or us or them, from taking action later.

15.3. If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is.

15.4. We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement, provided that your rights under the agreement or any guarantees given by us to you are not affected. No other person (other than our assignee, if any) may benefit from this agreement.

15.5. In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your phone number for Services.

15.6. You confirm that you have full contractual capacity to agree to the agreement.

16. THIRD PARTY RIGHTS

16.1. This agreement is entered into by us for the benefit of us and our network provider.

16.2. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that our network provider will have the right to enforce any rights conferred on it under this agreement and to that extent our network provider will have the same rights against you as would be available if they were a party to this agreement.

17. GLOSSARY AND TERMS OF SERVICES

"Additional Services” additional or supplemental services for which a charge is made in addition to the fixed periodic charges for the Services (if applicable).

"Age Restricted Services” any Services for use only by customers 18 or over.

"Connection” the procedure by which we give you access to Services. ‘Connected’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings.

"Disconnection” the procedure by which we stop your access to Services. ‘Disconnected’, ‘Disconnect’ and ‘Disconnecting’ have corresponding meanings.

"Handset” the device or mobile handset that is authorised by us for Connection to the network which is used to access Services.

"Messaging Services” any email, fax and voicemail Services, text message and multimedia messaging Services, personal information management and other message or communication facilities which let you communicate with others.

"Premium Services” any Services which are charged at premium rates. You can only access these Services – such as international calling and international roaming – with our approval.

"Services” the services offered by us, including call services, Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we agree to provide for you.

"SIM” a card which contains your phone number and enables you to access Services.

"Storage Services” any Services which offer you storage capacity on the network for storage of content which you access from us.

"Suspension” the procedure by which we temporarily Disconnect your access to the Services. ‘Suspend’ has a corresponding meaning.

PRIZE DRAW OFFICIAL RULES

1. ELIGIBILITY:

This Prize Draw ("Prize Draw") is open only to legal residents of the United Kingdom aged 18 years or over. The Prize Draw may only be entered in or from the United Kingdom and entries originating from any other jurisdiction are not eligible for entry. The winner (“Winner") may be required to provide proof of legal U.K residency to determine eligibility and as a condition of Prize award. Employees, directors and officers of iCard Mobile (“the Sponsor"), or its respective parent companies, affiliates, subsidiaries, agents, advertising or promotions agencies, suppliers of promotion materials, administration organizations, auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the Prize Draw (collectively identified as, “Released Parties"), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not), are not eligible to enter or win.

2. HOW TO ENTER:

Prize Draw runs daily from Wednesday, 31 October 2012 until 23:59 hrs on Friday, 30 October 2012 GMT (the "Prize Draw Period"). On Monday the 3rd of November 2012 one winner will be identified in Paragraph 5.

3. RESTRICTIONS:

Entries made by any other individual or any entity, and/or originating at any other Internet web site or email address, including but not limited to commercial Prize Draw subscription notification and/or entering services sites, will be declared invalid and disqualified for this Prize Draw. The use of any device to automate the entry process is prohibited. By entering, entrants accept and agree to these Official Rules including all eligibility requirements. All entries become the property of the Sponsor.

4. SELECTION OF WINNERS:

The Winners of the Prize described in Paragraph 5 below will be chosen from all eligible entries by randomized drawing. The Drawing will be conducted within twenty-four (24) hours of the conclusion of each day of the Prize Draw Period and the potential Winners will be notified via Facebook message, within one working day after daily draw. The potential Winners will be required to provide some or all of the following information: name, address, post code, telephone number, date of birth, and e-mail address. If it is determined by the Sponsor that any of the potential Winners are not a legal U.K. resident, the Prize will be forfeited and an alternate potential Winner will be selected from the remaining eligible entries received. The Sponsor’s decisions as to all matters related to the administration of the Prize Draw and selection of the Winner are final in all matters relating to the Prize Draw. The potential Winners must comply with the terms and conditions set forth in these Official Rules, and winning is contingent on fulfilling all requirements. The potential Winners will have forty-eight (48) hours from receipt of winning notification to confirm that the notification has been received. If the Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, or if a potential Winners cannot be reached within three (3) calendar days from the first notification attempt, or if a potential Winner fails to return a requisite document within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate Winner may be selected for the Prize from among all non-winning eligible entries received.

5. PRIZE:

There will be one prize of Ł20 worth of iCard Mobile credit. This iCard Mobile credit will be activated onto the winners SIM card once he/she has confirmed their contact details.

6. PRIZE CONDITIONS:

No substitution for any Prize will be permitted. If necessary due to unavailability of the Prize, a Prize of equal value will be awarded at the discretion of the Sponsor. The Prize is not transferable, assignable or redeemable for cash.

7. CONDUCT OF PARTICIPATION:

By entering the Prize Draw, entrant affirms that he or she has read and agrees to abide by the Official Rules and the decisions of the Sponsor. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant acting in violation of the Official Rules or found tampering with the entry process or with the operation of the Prize Draw. If, for any reason, this Prize Draw is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Prize Draw, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Prize Draw, in whole or in part, at any time, without notice and award the Prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize will forfeit any Prize won and may be prosecuted to the full extent of the law.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE RELATED TO THE SPONSOR OR THE PRIZE DRAW OR UNDERMINE THE LEGITIMATE OPERATION OF THE PRIZE DRAW MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

8. MODIFICATION:

In no event will the Sponsor be obliged to award more Prizes than the number of Prizes stated in these Official Rules. If for any reason the Sponsor determines, in its sole discretion, that the Prize Draw is no longer capable of running as intended by these Official Rules for any reason whatsoever, the Sponsor reserves the right to cancel, terminate, suspend, postpone, delay or modify the Prize Draw in whole or in part, including but not limited to, any occurrences described in Section 7 above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Prize Draw.

9. LIMITATIONS OF LIABILITY:

The Sponsor, Facebook and each of the Released Parties are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; printing or other errors; and any entries or mail which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, postage due or any combination thereof. The Sponsor reserves the right to modify, suspend or terminate the Prize Draw in the event that it becomes necessary due to circumstances beyond the Sponsor’s control. In the event the Prize Draw is terminated early, a Winner will be selected from all eligible entries received at the time of termination.

10. RELEASE OF LIABILITY:

All participants, as a condition of participation in this Prize Draw promotion, agree to release Facebook, each of the Sponsor and the Released Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Website, (b) participating in any aspect of the Prize Draw, (c) the receipt, ownership or use of any Prize awarded, (d) any download, or (e) any typographical or other error in these Official Rules or the announcement of offering of any Prize. The Winner hereby grants to the Sponsor and the Prize Draw Administrator the right to print, publish, broadcast and use worldwide in any media whether now known or hereinafter devised (including, without limitation, the use online at the Website or at any other websites owned, controlled and/or operated by the Sponsor or any of the Sponsor’s affiliates) such Winner's name, address, voice, statement, picture or other likeness, without additional compensation, for any and all public relations, advertising and promotional purposes as may be determined by the Sponsor.

11. GOVERNING LAW/DISPUTES:

By participating, participants agree to be bound by the Official Rules, the Sponsor's Website Terms of Use (if any and if applicable to participant's method of participating), and the decisions of the Sponsor, which are final and binding in all respects. The Prize Draw and these Official Rules shall be construed and governed in accordance with the laws of England and Wales. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants, the Sponsor, or the Released Parties in connection with the Prize Draw will be governed by and construed in accordance with the laws of England and Wales.

BY ENTERING THE PRIZE DRAW, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY POUNDS (Ł250.00), BUT IN NO EVENT WILL LAWYERS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY POUNDSS Ł250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

12. ADDITONAL TERMS:

Potential Winners must be able to accept or forfeit the Prize and be deemed ineligible. In the event that the Prize is won by a minor it will be awarded in the name of such minor’s parent/legal guardian. Such minor’s parent/legal guardian will be responsible for signing and returning required documentation. By accepting the Prize, each Winner grants to the Sponsor the right to use his/her name, likeness, hometown, and biographical information, for any lawful purpose, without further permission, release or compensation, except where prohibited by law.

13. WINNERS DETAILS:

For Winners details (available after 31st of August 2012 or a copy of these Official Rules, send a self-addressed, stamped envelope to: iCard Mobile, 2nd Floor, 120 Moorgate, London, EC2M 6UR. Requests must be received by 31st of September 2012.

14. ENTRANT’S PERSONAL INFORMATION:

The information that you provide in connection with the Prize Draw entry process may be used by the Sponsor for the Sponsor's internal purposes in connection with operation of the Prize Draw such as to communicate with entrant in relation to this Prize Draw or on a Prize Draw Winner's list and such information will only be used to send entrants information about the Sponsor's products and other offers if you consent to use in such manner. For more information about the Sponsor’s use of personal information, see the Sponsor’s privacy policy by clicking on the privacy link indicated on the Sponsor's Website. Any requested opt-in consent is not required to enter the Prize Draw and will not increase your chances of winning. All entries become the property of the Sponsor upon receipt and will not be acknowledged or returned. Information collected online from entrants is subject to the Sponsor’s Privacy Policy which can be found at www.icardmobile.co.uk

15. MISCELLANEOUS:

The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a Prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize acceptance release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize acceptance release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For participant, to the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the Sponsor's Website these Official Rules control.