Terms and conditions for O2 Guard and O2 Store & Share (the "Services")
- 1.1 You may buy the Services from Telefónica UK Limited (“O2”, “us”, “we”). The offers for the Services, including charges, features and user manuals are available on our website at protect.o2.co.uk (the “Website”).
- 1.2 The Services include:
- a) O2 Guard: a security service which provides security for your devices; and/or
- b) O2 Store & Share: a personal cloud storage solution.
- 1.3 Your may choose your package in the ‘Web Console’ section of your ‘My O2’ account.
- 1.4 You are responsible for installing and using the Services on your Device(s). A “Device” is a smartphone, tablet, personal computer, laptop, or Apple Mac that is supported by the Services.
- 1.5 You are responsible for ensuring your Device(s) are compatible with the Services. Check the Website to check if your Device is compatible and meets the system requirements for the Services.
- 1.6 You must keep your log-on credentials secure at all times. O2 will have no liability to you for any misuse of such log-on credentials by a third party.
- 1.7 You must have an O2 account and must be set up on My O2 before placing an order for the Services.
- 1.8 You may not use the Services:
- a. for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
- b. to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;
- c. to intentionally interfere with or damage operation of the Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- d. to post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- e. for commercial purposes;
- f. to hack, scrape or mine any materials;
- g. in any manner that can damage, disable or impair the Services or interfere with others' use of the Services;
- h. to use any automated means to access the Services for any purpose without our written permission or bypass other measures we may use to prevent or restrict access to the Services or modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorised access to the Services; or
- i. sell or transfer or allow another person to access your account password or Services account.
- 1.9 You will continue to be charged for the Services on a monthly on a recurring basis until you cancel your subscription.
- 1.10 You may cancel the Services at any time by accessing the Website. You will be charged for use of the Services until the date of termination (charges will be pro-rated to cover actual use only).
- 1.11 If your account is terminated (whether by O2 as a result of breach of these terms and conditions, or at your request), all data contained within your O2 Store & Share account will be deleted. We will notify you by contacting you on the number you registered before this information is deleted, with instructions on how to download your data from the cloud. We will contact you three times across a period of 15 days. If we don’t hear back, your account and the information contained in it will be deleted.
2. LIMITATIONS AND INDEMNITY
- 2.1 The Services and any third party software services or applications made available in connection with the same are provided 'as is', without warranty of any kind. To the maximum extent permitted by law, O2 and its suppliers or partners disclaim all warranties that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected or that the Services will meet your requirements. You are solely responsible for any damage to your Device, loss of use or loss of data. O2's total liability to you for all damages, losses, and causes of action arising out of your use of the Services shall not exceed the amounts paid by you for accessing the Services.
- 2.2 O2 shall not accept responsibility for matters outside of its reasonable control.
- 2.3 You agree to indemnify, defend, and hold harmless O2, its affiliated companies, and its suppliers and partners from any and all claims, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of the Services; (b) any violation of the rights of any other person or entity by you; or (c) any breach or violation by you of these term and conditions.
- 2.4 O2 will use reasonable skill and care in providing the Services. However, O2 does not warrant that:
- (a) the Services will be error free or free from interruptions or other failures or harmful components;
- (b) the Services will protect you against all possible security threats (including intentional misconduct by third parties);
- (c) that the content on the Services will be secure or not otherwise lost or damaged; or
- (c) there will be no malfunctions or other errors in the Services caused by virus, infection, worm or similar malicious code not introduced or developed by O2.
- 2.5 The charges for the Service do not include any data charges. When you install the Services onto your Device or when any updates to the Services are delivered to your Device, you will be charged for data usage in accordance with your tariff.
- 2.6 Customer support for the Services can be found at o2.co.uk/contactus.
3. END USER LICENSE AGREEMENTS
- 3.1 In order to use the Services, you must accept the following end user license terms and conditions:
- a) O2 Guard: McAfee Security S.A.R.L., located at 26, Boulevard Royal, 2449 Luxembourg, Luxembourg (“McAfee”), available at http://home.mcafee.com/Root/AboutUs.aspx?id=eula, along with McAfee’s privacy notice available at http://www.mcafee.com/common/privacy/consumer/english-uk/index.htm; and/or
- b) O2 Store & Share: Funambol Inc., located at 1065 E. Hillsdale Blvd. #400, Foster City, CA 94404 USA (“Funambol”), available at https://onemediahub.com/ui/jsp/terms.jsp, along with Funambol’s privacy statement available at https://onemediahub.com/ui/jsp/privacy.jsp. (each a “Licence” and together the “Licences”).
- 3.2 You are subject to the terms of the Licences and Funambol (in the case of O2 Store & Share), and/or McAfee (in the case of O2 Guard) retain the right to suspend or terminate a Licence for reasons including breaches or misuse by you.
4. CHANGES TO THE TERMS
- 4.1 O2 reserves the right to vary these terms and charges for the Services from time to time in order to accommodate future changes to O2 Store & Share and/or O2 Guard. O2 will give you notice in writing of any material change.
5. DATA PROTECTION
- 5.1 Use of your information:
- 5.2 The Services may be managed by O2's carefully selected third parties.
6. GOVERNING LAW
- 6.1 These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales. The Services are provided to you by Telefonica UK Limited, company number: 1743099 with its registered office at 260 Bath Road, Slough, Berkshire, SL1 4DX.