O2 Tracks - Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS (as updated from time to time, the "Terms") CAREFULLY BEFORE DOWNLOADING THE "O2 TRACKS" APP. THESE TERMS CONSTITUTE A LEGAL AGREEMENT AND BY USING THE "O2 TRACKS" APP YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM.
We reserve the right to change these terms and conditions at any time. Your continued use of the App will be deemed to constitute acceptance of the varied Terms which will be posted on www.o2.co.uk/termsandconditions.
For the purpose of these terms and conditions ("Terms"): "O2", means Telefónica UK Limited of 260 Bath Road, Slough, Berkshire SL1 4DX. O2 is the promoter of O2 Tracks.
"You", or "Your" refers to You, the customer and user of the application ("O2 Tracks" or "the App").
"MusicQubed", "We", "Us" and "Our" means the company MusicQubed Limited, that creates packaged, low cost music delivered straight to the mobile whose registered office is MusicQubed Ltd c/o Shelly Stock Hutter LLP, 7 – 10 Chandos St, London, W1G 9DQ. "Mobile device" means portable devices with restricted screen size which are able to access the MusicQubed service via an over-the-air cellular network data connection, but also permitting access via Wi-Fi.
"Subscription service" means a subscription service offering customers within the Territory on-demand and advertising free access to the playback of all or a part of full length versions of audio recordings which at the time of access form part of a chart compiled by MusicQubed, accessed via the MusicQubed software application, in return for a periodic subscription fee. "Territory" means the United Kingdom of Great Britain, Northern Ireland, the Channel Islands and the Isle of Man
"Video service" means a subscription service offering customers within the Territory on-demand and advertising free access to the playback of all or a part of full length versions of video recordings which at the time of access form part of a chart or are new releases or are other music related videos compiled by MusicQubed, accessed via the MusicQubed software application, in return for a periodic subscription fee.
You will need to have access to a suitable mobile device and access or a subscription to a service, including data services, in order to access and use the App. These terms do not cover the provision of basic equipment or services necessary to obtain access to the internet or to connect to the App. Only mobile devices that are supported by MusicQubed may be used to access the App and you agree that MusicQubed has no obligation to support any particular make or model of mobile device, whether or not such make or model is currently, or was previously supported by MusicQubed.
To use the App You must be (a) eighteen (18) years old or older, or be thirteen (13) years or older and Your parent or legal guardian consents to and agrees to be bound by these Terms; (b) have power to enter these Terms (that is, not be legally barred from doing so for any reason); and (c) be a local resident in the Territory. Provided the aforementioned conditions are met, in consideration of you agreeing to the Terms you are granted a non-exclusive, non-transferable, revocable licence to us the App on mobile devices subject to these Terms. We reserve all other rights. You must not use the App of any of the content accessed via the App in any unlawful manner or for any unlawful purpose.
- These Terms sets out the full extent of Our obligations and liabilities in respect of the supply of the App. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms made or given, whether express or implied, that are binding on Us. Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- To start using O2 Tracks you must provide your current UK mobile phone number. You agree to provide true, current and complete information about yourself as prompted by Us and to promptly update the information that you provide to Us from time to time in order to keep it true, current and complete. If We have reasonable grounds to suspect that any information that you have provided to Us is in fact untrue, inaccurate or incomplete, We may suspend or terminate your access to the App. If any of the information that you give to Us when you register changes, including your payment details, you must inform Us immediately.
- By starting the O2 Tracks free trial you are agreeing to the immediate provision of the service to you by MusicQubed.
- When signing up to use the App for the first time, then you will be entitled to a trial period during which you will be able to enjoy all of the functionality and benefits provided by the app without having to make any payment (other than to purchase permanent downloads of audio recordings or video recordings, and mobile data charges where applicable). Any unused portion of the free trial will not be forfeited if you sign up to the Subscription Service during the free trial period.
If you are an O2 mobile customer and you sign up to the trial before the 3rd March 2014 you will receive the Subscription service free of charge for 8 weeks from the date you begin the trial. If you are an O2 mobile customer and you sign up to the trial on or after the 3rd March 2014 you will receive the Subscription service free of charge for 4 weeks from the date you begin the trial. When you sign up to the free trial, if you are an O2 Consumer mobile customer with the Android, iOS or Windows operating systems you will be automatically opted in to subscribe to the service at a price of £1 a week after the trial ends, payable via Premium SMS (details of that payment will be available in the My Account screen within the app), or on your bill. If you are an O2 Consumer mobile customer with the Android, iOS or Windows operating systems and you do not wish to subscribe after the trial, you can unsubscribe at any time using the My Account screen. If you unsubscribe at any point in a week you have paid for you will still be charged £1 for that week but you will still have access to the Subscription service until the end of that week. If you are an O2 Consumer mobile customer without the Android, iOS or Windows operating systems you will have to opt in and pay the subscription costs as set out above to continue the service after the free trial ends. O2 Business mobile customers will be able to pay for the service using creditcard, debitcard or Paypal. Payment will be taken from you when the order is placed.
You confirm that the credit, debit or store card that is being used is yours. All credit card/debit card cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.
If you are a non O2 mobile customer you will receive the O2 Tracks service free of charge for 2 weeks from the date you begin the trial. At the end of this period you will have the option to subscribe to the service at a price confirmed in the FAQs section in the App payable via credit, debit or Paypal (and where applicable, via in-app subscription and Premium SMS). Payment will be taken from you when the order is placed.
You need to sign up to a 4G package to qualify for a free trial for the Video service. If you sign up to the trial before the 3rd March 2014 you will receive the Video service free of charge for 8 weeks from the date you sign up. If you sign up to the trial after the 3rd March 2014 you will receive the Video service free of charge for 4 weeks from the date you sign up.At the start of the trial period O2 consumer mobile customers with the Android, iOS or Windows operating systems will be automatically opted into subscribe to the Video service at a price of £1.50 a week after the trial ends payable via Premium SMS if they wish to continue their access (details of that payment will be available in the My Account screen within the app, or on your bill). If you are an O2 Consumer mobile customer with the Android, iOS or Windows operating systems and you do not wish to subscribe after the trial, you can unsubscribe at any time using the My Account screen. If you unsubscribe at any point in a week you have paid for you will still be charged £1.50 for that week but you will still have access to the Video service until the end of that week. If you are an O2 customer without the Android, iOS or Windows operating systems you will have to opt in and pay the subscription costs as set out above to continue the service after the free trial ends. The Video service is not available to O2 Business Customers or O2 4G Mobile Broadband Customers.
If you subscribe to the free trial for the Video service you will need to submit your details for verification and it could take up to 24 hours to activate your access to the Video Service.
The Video service streams video and this will use mobile data if you are not on a Wifi connection. Mobile internet data use for the Video Service will come out of your mobile data bundle or if you do not have any mobile data allowance when streaming you will be charged for use of mobile internet data.
Under UK Consumer laws you have the right to a "cool off" period, during which you have the right to change your mind if you subscribe to the service. We grant you the right to change your mind and receive a full refund within fourteen (14) days of the purchase, but provided only that you have not started using the O2 Tracks service during that fourteen (14) day period and that you notify us of your cancellation.
You confirm that the credit, debit or store card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.
If you agree to subscribe to the App at the end of your trial period, these Terms shall continue to apply to your use of the App. If you do not agree to subscribe to the App at the end of your trial period, the contract created by these Terms will be automatically terminated with effect from the end of your trial period. Your subscription shall automatically auto renew unless cancelled by you within the app within 24 hours of the next monthly subscription period.
You are hereby warned that the App uses the data connection of your mobile phone. If you do not have a proper mobile data plan, you can be charged for all data use by your mobile phone carrier. While many mobile phones automatically disable data usage when roaming (using your mobile phone outside your country or covered area of your carrier), if the data connection is active and you use the App while roaming, it can and will result in even higher charges, often regardless of regular unlimited mobile data plans. Neither MusicQubed nor Telefónica UK Limited are in no way responsible or liable, for any or all charges you receive from your mobile phone carrier, by using the App. We recommend that when using the App, particularly for the first time, you do so using a Wi-Fi internet connection as opposed to your mobile network data connection so as to ensure you avoid mobile network data charges.
You are hereby warned that the App is intended for use with your own mobile phone carrier in which you subscribed to the service. The App makes no warranty regarding correct operation whilst your device is connected to other carriers.
If We have reason to believe that there has been or is likely to be a breach of security or any other misuse of the App We may suspend your service.
We are not obliged to monitor, detect or report any unauthorised use of the App and you shall be solely responsible and liable for all user charges that are incurred on your MusicQubed account as a result of any such unauthorised use.
By subscribing to the App, you are agreeing to pay any and all user charges applicable to the App as notified by Us to you from time to time (Pay As You Go customers will be charged by money being taken off their credit balance and must have a minimum of £4.99 credit available). All user charges payable by you to Us must be paid by you without set-off or deduction. All user charges will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that the card is issued in your name. All prices stated within the App and/or otherwise communicated to you are inclusive of VAT (where applicable) and other applicable taxes and fees. You can choose to cancel your subscription at any time within the My Account screen of the app. Auto-renewal can be turned off in the app by accessing 'Account Settings', and deactivating the account from the 'Manage Account' settings. Your service will be available until the end of the period you have already paid for and you will not be charged beyond that point.
- We reserve the right to make any changes to the App service or to discontinue any aspect or feature of the service without notice to users. O2 and/or MusicQubed may modify or withdraw the App or elements of it (including charges for the service) at any time. If We change these terms to your significant disadvantage We will notify You.
- We reserve the right to change these terms and conditions at any time. Your continued use of the App service will be deemed to have accepted the varied terms and conditions which will be posted on www.o2.co.uk/termsandconditions.
- Any use of the service by You is on an "as is" and an "as available" basis. You agree and accept that the App is not a fault-free service and is for Your own personal use and shall not be used for commercial purposes.
- Any use of the App is entirely at Your own risk and in no event shall We be liable for any indirect, incidental or consequential damages including without limitation loss of income, data or other information as a result of the use of the App.
- App offers are subject to availability and may only be available while stocks last. We'll not be responsible if Your application for an App offer is incomplete, lost or not received.
- Links to third party websites and companies may appear on the service. Such third party websites are not the responsibility of O2/MusicQubed and We accept no responsibility for the availability, suitability, reliability or content of such third party websites.
- Certain components of the App are supplied to Us by third parties and We cannot be held responsible for and do not accept any liability, either express or implied as to such components, including but not limited to their accuracy, relevance or quality.
- You acknowledge and agree that We are not responsible for the availability of any third party products and services or what You access through the App. We shall not be held responsible or liable for any content, advertising, products or services available from such third parties. Any dealings between You and any other third party advertisers or merchants found on or via the App, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
- The App, its features and material and content within the App may also be protected by intellectual property rights and other rights belonging to O2, MusicQubed, its licensors or to third parties. No licence is granted to You in respect of any such rights, except to the extent required for Your personal use of the App in accordance with these terms and conditions. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the features, materials or content of the App. Without limiting the foregoing, O2 and any other O2 product or service name are trade marks of O2 and You shall not be entitled to reproduce such marks without our prior written consent, and MusicQubed, MusicQubed and any other MusicQubed product or service name are trade marks of MusicQubed and You shall not be entitled to reproduce such marks without MusicQubed's prior written consent.
- You acknowledge that MusicQubed-supplied content, services, products and offers are provided on an "as is" and an "as available" basis, and are not fault free. You agree that any use of MusicQubed-supplied content, services, products and offers are entirely at Your own risk and in no event shall MusicQubed be liable for any indirect, incidental or consequential damages, including, without limitation, loss of income, data or other information as a result of the use of MusicQubed-supplied content, services, products and offers.
- These terms and conditions are governed by English Law and You and We submit to the non exclusive jurisdiction of the English Courts.
- To enable us to provide O2 Tracks in accordance with our obligations to our rights owners and partners, and also to enable us to understand and/or enhance and/or analyse the usability/functionality of how the service is used so that We may introduce updates and changes, We will obtain the following information from your device: your device ID (IMEI) (to see if you have already used the O2 Tracks and obtained a free trial), your mobile phone number (to establish your network provider), and your geographic location (to see if you are in the Territory when you download the app), and any other analytics information as required for such purposes. We share this information with O2 and/or third parties so that We may provide O2 Tracks to you in accordance with these Terms and our partner agreements.
- If any clause, or part of a clause, of these Terms is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remainder of the clause or paragraph which contains the relevant provision shall not be affected, unless otherwise stipulated under applicable law.
- You may not transfer Your rights pursuant to these Terms to any third party.
- The App is developed and maintained by MusicQubed. If you want to contact us in writing you can do so by post sent to MusicQubed Ltd c/o Shelly Stock Hutter LLP, 7 – 10 Chandos St, London, W1G 9DQ, or by email at the following address: firstname.lastname@example.org.
- The promoter of the App is O2. If you want to contact us in writing you can do so by post sent to Telefónica UK Limited of 260 Bath Road, Slough, Berkshire SL1 4DX.
- These Terms are governed by English Law and You and We submit to the non-exclusive jurisdiction of the English Courts.