Our aim is to provide you with a variety of Services that are both practical and entertaining. However there are some rules that we have, and some terms and conditions that apply to your use of our Services, so please read them carefully. In this Contract, any reference to "we" "us", "our" or "O2" refers to Telefónica O2 UK Limited or any organisation that may succeed it as the assignee of this Contract and any reference to "you" or "your" refers to you, the user of the Services (including any person who we reasonably believe is acting with your authority or knowledge). Capitalised terms have the meanings given to them in section 10.
By accessing, registering or using any of our Services, you confirm that you have read and agree to be bound by these terms and conditions. These terms and conditions will apply every time you use our Services, which include the following:
In addition, there may be other terms and conditions which apply to a specific Service and which you will be required to accept when registering for or accessing that Service.
For O2 Network customers, this Contract applies in addition to your Standard Airtime Contract with O2 and the i-mode® terms and conditions contained in the i-mode® User Guide. You will also be required to comply with your Standard Airtime Contract and the i-mode® terms and conditions when using any of our Services. Customers of other networks should refer to the airtime terms of their network provider.
Please see below for more information:
This Contract begins on the date that you first use any Service or complete any necessary registration requirements, if applicable, and will continue until terminated in accordance with this Contract.
Our Services are only intended for customers of a UK mobile telecommunications network and this Contract can only be concluded in the English language.
We will make the current edition of the Contract available on our website at www.o2.co.uk/termsconditions for so long as the Services are available (subject to any temporary or unavoidable disruptions to the availability of the website).
The nature of some of the Services means that they cannot be cancelled once you have requested them and you acknowledge that you cannot have recourse to the Consumer Protection (Distance Selling) Regulations 2000 to cancel such Services once they have been delivered to you. In the case of On-Demand Services once you have requested such On-Demand Service, you cannot cancel the Content Message response from us and, if applicable, you will be charged for the On-Demand Service. In the case of Subscription Services (including Alerts Services) and User Generated Content Services, you may unsubscribe or de-register from the applicable Service as detailed in section 4.2 below, however you will, if applicable, be charged for the full subscription period or alerts package you initially subscribed for.
We may vary these terms and conditions and any other part of this Contract at any time, such modifications becoming effective immediately upon posting of the modified terms on this site or by us notifying you by email or Message of the changes, provided that if we change these terms and conditions or any other part of this Contract to your significant disadvantage (in our reasonable opinion) we will give you 30 days notice before the changes take place. You may stop using any of the Services at any time. By continuing to use the Services following any such variation, you will be deemed to accept such variation.
Notices given to you under this Contract may be given by email or Message. If you wish to contact us please contact Customer Service.
Please look at our Privacy Policy, which sets out how we may use information provided by you when accessing the Services and any information collected during your use of the Services, to understand our practices.
For some Services, you will need to register or set up an account to access or use the Service. Some Services may not be activated until you first use the Service. As part of the registration process, you may require a user name and password to access that Service. Your user name must comply with the Acceptable Use provisions set out in section 5 below.
You warrant that any mobile phone number, email address or other data that you have provided us with as part of the registration process for any Service is correct and relates to a mobile phone or accredited Device owned and used or email address used by you. You agree to indemnify us in the event of any claim made against us or loss suffered by us as a result of a breach of such warranty.
If you wish to check or amend your account details, please go to MyO2.
We will provide you with the Services in accordance with this Contract. We update our Services from time to time and we reserve the right to withdraw any Service at any time provided that we first give you 30 days notice by email or Message that any Service for which you have paid in advance will be withdrawn. We will refund any unused portion of your subscription if we withdraw any annual Subscription Service. We will also endeavour to provide an equivalent replacement for any Services we had advised would be available for a specific period which we are unable to honour. We may vary any Content or the technical specification of any Service at any time.
We may suspend or restrict access to the whole or any part of the Services for operational reasons such as repairs, maintenance, updating or upgrading the Content or functionality of any Service or the introduction of new facilities or services at any time. We will attempt to limit the frequency and duration of any such suspension or restriction.
The Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control including, without limitation, congestion, network coverage, dropped connections, the performance of your Device and the maintenance of secure network connections, but you will be entitled to the quality of Service generally provided by a competent communications service provider exercising reasonable skill and care.
We will use all reasonable endeavours to ensure the uninterrupted and timely supply of the Services and we will correct all reported faults as soon as we reasonably can. If a fault occurs, please report the fault by contacting Customer Service.
The Services are provided without any warranties or guarantees (including any warranties implied by law) unless expressly stated otherwise. We will use reasonable endeavours to maintain the Content available on the Services 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 Content that you accept that we will not be liable for any action you take in reliance on the Content contained within the Services.
All our Services are available to O2 Network customers and may be also be available to customers of other UK mobile telecommunications networks. If so this will be indicated at the time of requesting the relevant Service.
We are committed to making as many of our Services available to as many people as possible and we endeavour to provide you with accessible information throughout our website. If you need help with accessing the pages of our website, such as screen readers - please visit our Accessibility information for details.
The Services (either in whole or in part) are accessible via Devices and you are responsible for the provision of any necessary Device to enable you to access the Services. Some of the Services are only compatible with certain Devices, which may also need to be accredited to receive the Service. Please check your Device is compatible with the Service you are ordering by checking the Device compatibility information provided to you and that your Device has been accredited to receive the Service before you order the Service. Please note that the Service may not work correctly if you remove or replace certain manufacturer-installed software contained on your compatible Device. We do not accept any liability for the incompatibility of the Service with any Device or other equipment used by you unless we have advised that the Service is compatible with that Device.
If you are aged 16 or under, you must get your parent/guardian's permission before you access or use any of the Services and, in particular, before you provide any personal information to us. We recommend you do not provide any personal information to third parties whom you do not know, for example when using our User Generated Content Services. Some Services may be Age Restricted Services and if you are under the specified age you will not be able to access such Services.
Third parties supply components of the Services (including all Content and services available on our i-mode® Services). Your use of the Services and any Content or services not provided by us but accessed via our Services or our Network is solely at your own risk and subject to all applicable national and international laws and regulations, as well as any third party terms and conditions notified to you at the time you access such Content or services. We have no responsibility for any third party Content or other services obtained by you on the Internet or via our Services, including Content provided by other users of our Services. We will not be liable for any loss or damage incurred by your access to any such Content supplied by a third party.
You are solely responsible for evaluating the accuracy and completeness of any Content or information accessed via the Services and the value and integrity of goods and services 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 and services, with the exception of billing for Content subscription and download services offered by our official third party i-mode® content providers.
We reserve the right to monitor your use of the Services in order to maintain the Services and to protect the rights of owners of Content and other users of the Services.
Our public User Generated Content Services Content is moderated and we have procedures in place to ensure the removal of any Content displayed in breach of this Contract or any other applicable guidelines provided on access to the User Generated Content Services and/or the barring of users who submit such Content. However, moderation may not take place immediately and, the content of private (direct) chats is not generally moderated. You are solely liable for all your activities while using our User Generated Content Services and are solely responsible for the consequences of those activities.
In return for us providing the Services, you must pay our Charges, which shall be in pounds sterling. Our Charges, including the price of items purchased via the Services, will be the Charges displayed or notified to you before you purchase or subscribe to a Service, and include Value Added Tax (VAT) and any other applicable tax at prevailing rates from time to time. You may order some of the Services via Text Message request, in which case you may additionally be charged your standard network rate for that Text Message.
To access and use the Services, you will also need to pay for the fixed line and mobile phone services necessary for connection to and use of the Services, such as i-mode® browsing charges, WAP over GPRS and/or WAP over 3G browsing charges at the rates described in your applicable network tariff, as well as all call charges and other fees related to accessing and use of the Services, such as Internet service providers, telephone service providers, or others and other fees charged for the use of such Devices. This Contract does not include the provision of any phone services necessary for connection to the Internet or use of the Services.
We reserve the right to vary our Charges (or any component thereof) or introduce charges for any Services which have been provided free of charge at any time, upon first giving you 30 days' advance notice of any new or increased Charges. You can of course stop using the Services at any time. Any variation to our Charges shall be final and binding.
The charging mechanisms for Services in addition to the standard Charges described above are as set out below. Some Services may be provided free of any additional charge, in which case you will be notified of this when you access the particular Service:
Charges for our Services and those of our official i-mode® content providers for whom we are responsible for billing will be deducted from your available credit time if you are a Pay & Go customer or appear on your monthly statement if you are a Pay Monthly customer. Some Services may also be purchased with a credit card in which case the necessary payment instructions will be provided to you at the time of purchase.
You must pay the Charges on time. Payment must be made as specified at the time of placing your order and prior to delivery of the applicable Service. If the Charges are not paid on time or you default in such payment, the amount owing will be treated as overdue and we will be entitled to terminate or suspend the Service and our Contract with you. Any collection or legal fees incurred by us in relation to Charges which are due from you, shall be recoverable from you.
We reserve the right in our sole discretion at any time to refuse you access to the Services, terminate your account with us, remove or edit Content, or cancel any orders for Services made by you or to modify or supersede the Service if the Service is not, in our reasonable opinion, being and/or capable of being conducted as specified in this Contract.
If we believe that unauthorised or improper use is being made of any Service, we may, without notice, take such action as we deem appropriate, including blocking messages from a particular internet domain, mail server or IP address, deleting any messages in spam folders after 7 days and using any legal or technical remedies available to us to prevent Spam from entering, utilising, or remaining within our Services and our networks.
In addition to anything else we can do, we reserve the right to immediately and without notice withdraw, bar or suspend the provision of part of or the whole Services to you or end this Contract (or both) with immediate effect if:
If we suspend your use of the Services for contravention of any part of this Contract, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.
You can cancel or de-register from any Subscription Service or User Generated Content Service at any time, by following the unsubscribe procedures provided when you subscribed to the applicable Service, or available as part of the relevant Service description on www.o2.co.uk. You may also unsubscribe from any Service provided by Message by sending STOP in response to the Message received, however this may lead to all current subscriptions being cancelled and we will not be responsible for any loss associated with your loss of use of the remainder of any subscription periods paid for in advance.
You understand that you are responsible for all electronic communications and content sent from your Device and that you will be responsible for all activities that take place as a result of access to the Services via your account (whether authorised by you or not).
You must not use the Services or any Content:
In addition, you shall:
Where you create, upload or publish any Content on the Services, you are responsible for the creation, maintenance and design of all such material. In particular, you warrant that:
You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Services. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we may suspend any or all of the Services.
You accept that we are under no obligation to edit, review or modify any Content provided by you or any third party and that we do not examine the use to which the Services are put, unless expressly stated otherwise. However, we reserve the right to edit or remove any of your Content or third party Content, in whole or in part, at our sole discretion if we believe that there may be a breach of this Contract or if the Content does not comply with our notified requirements.
We do not claim ownership of any Content you submit or make available via the Services. However, by submitting or making available any Content to any Portal or Service (including any text, photographs, graphics, video or audio) you agree to grant us a perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your material worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution as we may require. We will not identify you personally as the creator of the Content unless you provide your express consent. If you do not want to grant us the rights set out above, please do not submit your Content.
O2 owns or has a licence for all rights in the Services. The Services also enable access to Content that is protected by Intellectual Property Rights. Intellectual Property Rights in all Services, Content, software and documentation supplied by us remain our property or that of our licensors and we expressly reserve all rights not expressly granted by us. Unless otherwise expressly stated, the right and licence to use an item of Content sold pursuant to this Contract is perpetual, non-exclusive and irrevocable but limited to use on the Device to which the item is initially transmitted and the other limitations set out in this Contract.
Subject to the terms of this Contract, you may use the software and associated documentation provided as part of the Services on a non-exclusive basis, but only to the extent necessary for you to access the Services and only in the United Kingdom. We may offer updates or modifications to such software capable of delivery on-line. You agree to comply with the terms of any agreements reasonably required by third party owners of any Intellectual Property Rights in such software relating to the protection of such rights.
The word or mark "O2" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trademarks of us or our group companies. i-mode and the i-mode logo are trademarks or registered trademarks of NTT DoCoMo, Inc. in Japan and other countries. You shall not make any use of the trademarks except as permitted under this Contract.
We exclude all liability of any kind in respect of:
We do not accept liability either in contract, tort (including negligence) or otherwise, for direct or indirect loss of profits, income, business or anticipated savings, nor for any indirect, incidental or consequential damages, including, without limitation, loss or destruction of data, or other information unless such losses were reasonably foreseeable to both of us when this Contract was entered into.
Our liability to you in contract, tort (including negligence) or otherwise in relation to this Contract is limited to the price paid by you for the Service. However, we accept liability for death or personal injury caused by our negligence or any other liability that cannot be excluded or limited by law and the provisions of this section 7 do not apply to such liability.
Each provision of this Contract excluding or limiting liability operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
You must indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because the Services are used by you in breach of the provisions of this Contract. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
Unless otherwise notified to you at the time of your purchase or subscription, the supplier of any Service provided pursuant to this Contract is: Telefónica O2 UK Limited, 260 Bath Road, Slough, Berkshire SL1 4DX, registration number 1743099.
If you have any queries about our Services or this Contract, please contact Customer Service.
If we delay in acting upon a breach of this Contract by you, that delay will not be regarded as a waiver of the breach. If we do waive a breach of this Contract by you, that waiver is limited to the particular breach.
If any provision of this Contract is found to be illegal or unenforceable the remainder of this Contract will not be affected and the provision in question will be deemed modified to the extent necessary to make it enforceable.
This Contract is governed by English law and you and we submit to the non-exclusive jurisdiction of the English courts.
There are a number of defined terms used in this Contract which mean the following for the purposes of this Contract:
Age Restricted Services Any Services which are specified for use only by customers over a specific age.
Alerts Services Web or WAP Services which are comprised of packages of Content Messages that are sent direct by us to your Device following your request for such alerts.
Charges All charges for the Services as notified to you prior to your purchase of any Service, which may include any reasonable administration charges.
Content Information, text, data, communications, images, photographs, graphics, music, video, games and sounds, software or any other material supplied by you, us or third party content providers on our behalf and which is contained on or available as part of the Services.
Contract The agreement between us and you for the provision of the Services, including these terms and conditions, the Charges, our Privacy Policy and any specific policies, disclaimers, conditions, guidelines or rules applying to the Service which may be notified to you. In the event of any conflict, these various documents will take precedence in this order.
Device A mobile telephone, device, data card or computer, which is approved by us for connection to our Network or to access our Services.
i-mail The email service which can include text and attachments (images, video, audio) provided as part of our i-mode® Services.
i-mode® Services The mobile internet service provided to O2 i-mode® customers using the Network but, for the avoidance of doubt, excludes any Content or subscription services provided by third party i-mode® content providers via the i-mode® Services and any services offered on sites which are not listed on our i-mode® Portal.
Intellectual Property Rights Copyright, trademarks and other relevant proprietary and intellectual property rights.
Internet The international system of interconnected computer networks utilising standard protocols and procedures to transmit electronic data.
Messages SMS, MMS or i-mail
Network The electronic communications system by which we make Services available in the United Kingdom.
On Demand Services Web or WAP Services which comprise of single Content Messages sent by us to you following you request for the relevant content and including, without limitation, Content on O2 Active, ringtones, wallpapers, video clips, O2 Games Arcade and O2 Music.
Portals Our web, WAP, O2 Active, i-mode® and XDA portals and any other services and portals we introduce from time to time.
Media Message (MMS) Multimedia Messaging Service - A message that can contain text, images, video and audio.
Privacy Policy Our privacy policy located on our website that outlines our data protection and privacy policy, as may be amended from time to time.
Services Any or all of the services provided by us which may be modified from time to time including without limitation Web Services, WAP Services i-mode Services® and any other services introduced from time to time which you access or register for through any of our Portals or on your Device.
Text Message (SMS) Short Messaging Service - A message containing text only.
Spam Unsolicited "junk" e-mail or Messages sent to large numbers of people to promote products or services. The term also refers to inappropriate promotional or commercial postings to discussion groups or bulletin boards.
Subscription Services (including Alerts Services) Web or WAP Services which are comprised of packages of Content that are sent by us direct to your Device for a certain period of time, following a request by you for the subscription.
User Generated Content Services Web or WAP Services (including chat) which allow users to communicate with other users via a public or private forum on an identified or anonymous basis.
WAP Services Services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld wireless devices such as mobile phones). "O2 Active" refers to those WAP Services made available to O2 Network customers directly from the O2 Active menu on your Device.
Web Services Services provided from our website www.o2.co.uk and any additional websites linked from our website.
You can contact us in any of the following ways:
By Email:
General queries: Please contact customer service by clicking here or use any alternative address, which may be posted here or notified to you at any time. We will endeavour to provide a response within three business days.
Certain Services have their own dedicated customer care email address. If you have any issues with these Services, please send an email to these addresses:
The Lab WAP Service - thelab@o2.com
O2 Extras - O2Extras@o2.com
By Phone:
Please contact the Customer Service number printed on your bill or alternatively:
Pay Monthly customers: 0870 2410202 (charged at the national rate).
Pay & Go customers: 0870 5678678 (charged at 25p per call).
Online Pay Monthly Customers: 0870 6003009 (charged at the national rate).
Online Pay & Go Customers: 4445 from your O2 mobile (charged at 20p per minute) or 08705 678678 from a fixed line (charged at your telephone provider's published rates).
By Mail:
O2 Customer Service
Dumers Lane
Bury
Lancashire
BL9 9QL