O2 Wallet - 26th April to 25th September 2012
- The Agreement's structure
- How long this Agreement lasts
- Who's eligible
- How to register
- Your security
- How to get in touch
- How we use your information
- Changes to Agreement
- What it costs
- Limitation of liability
- Ending the Agreement
- If you want to complain
- Changing your supplier
- Is there anything else?
TERMS FOR SPECIFIC O2 WALLET SERVICES
- O2 Money Account
- Loading your O2 Money Account
- Using your O2 Money Account
- Physical Card
- Expiry of your O2 Money Account Card
- Functions for your O2 Money Account
- Financial Services Compensation Scheme
|O2 Money Account Limits||£800||£5K||£10K||What else?|
|Max account balance / yearly amount||£800||£5,000||£10,000|
|Max daily cash load||£200||£1,000||£1,000||Min £10
Max £499 per epay store per day
|Using a debit card:|
|Max one off card load / daily limit||£200||£250||£500||Min £5|
|Spending and Withdrawals|
|Spending with your O2 Money Account Card:|
|Max individual card spend / daily total||£500||£500||£500||No min spend|
|Max number of card spends per day||15||20||30|
|Total daily amount||£300||£500||£500|
|Max individual ATM withdrawal||£300||£300||£300||Min is £10|
|Max withdrawals per day||3||3||3|
|Transfers to your bank account:|
|Max individual transfer / daily limit (Verified)||£500||£1000||£1,500||No min amount|
|Max individual transfer / daily limit (Unverified)||£150||£300||£300||No min amount|
|Max transfers per day||2||2||2|
|Money Message - Sending & Receiving|
|Total daily amount||£500||£1,250||£1,500|
|Max Money Message value||£500||£500||£500||Min £1|
|Max Money Messages per day (in & out)||15||20||30|
The legal stuff you need to know
The major O2 Money Account limits are in this table. We can, acting reasonably and in line with good practice (for example, without limitation, to limit fraud or to comply with our anti-money laundering obligations) vary the limits at any time. Any variation will be published on the information sheet on the Website. We can also impose other spend limits on your O2 Money Account on a group or individual basis. We may upgrade your O2 Money Account automatically over time which will increase your limits.
Here's what else you need to know
How we know it's you
When you apply for an O2 Wallet, we'll check the information you give us to confirm your identity. If we can't confirm who you are electronically, we may give you an £800 account. And in some cases we might not be able to give you an O2 Money Account at all.
With an £800 O2 Money Account, the maximum amount you can have in your O2 Money Account is £800 at any one time or in any 12 month period. And the most you can withdraw is £800 per calendar year. To check which account limits you've got - £800, £5K or £10K - sign into your O2 Wallet and go to 'My profile and preferences'. On your app, choose the dropdown menu by your balance, click the info button and then choose 'My Limits'.
The lowdown on contactless cards
Want to use your physical O2 Money Account Card for contactless payments? That's fine. There's a few things you need to know about how we protect your money when you shop using contactless:
- The most you can spend without using your PIN in any one transaction is £20.
We'll ask for your PIN for what would be normally be a contactless transaction (just to make sure it's you) in the these two situations (whichever happens first):
If you spend a total of £20 over a series of contactless transactions (so adding all the individual purchases together they come to £20)
- If you have paid using contactless five times in a row.
If you use your card to buy something with a PIN or take money from a cash machine, the counter is reset to zero. Handy.
- And the most you can spend using your PIN is £500.
This way we can protect your money if you lose your card.
Getting money to and from your O2 Wallet
Loading money is really quick
It's super speedy. Here's how long it takes to get your money in your O2 Wallet, ready to spend:
|1. Using cash
(at an epay or Paypoint, or in an O2 shop)
|Usually instant, but allow up to 20 mins|
|2. In a Money Message||Instant|
|3. Via debit card||Instant|
Transferring money to your bank account takes a bit longer
It's simple to do. Open your O2 Wallet and follow the instructions. Then you can transfer money from your O2 Wallet to your bank account in 1 of 2 ways:
|1. Standard transfer to your bank account||Coming soon|
|2. Faster Payment transfer to your bank account||1-2 hours
(working days only)
And if you verify your bank account you can transfer out higher limits of money
Your cards and accounts linked to your O2 Wallet
What you need to know about your cards.
You can have up to 4 UK debit or credit cards linked to your O2 Wallet (plus your O2 Money Account Card). There are restrictions on the number of times you can change the cards in your O2 Wallet. Also, if you add a debit or credit card to your O2 Wallet you won't be able to add this same card to someone else's O2 Wallet.
Things to remember about your bank accounts.
You can have up to 3 UK bank accounts linked to your O2 Wallet.
Say you have a joint bank account with your partner. If it's linked to your O2 Wallet, they can't link it to theirs. So, a bank account can only be linked with one O2 Wallet.
Your physical O2 Money Account Card. A few things you can't do.
You can use your Physical O2 Money Account Card in loads of places. Just look for the Visa logo. But there are a few things you can't do. They're mostly to make sure you can't spend more than you have in your account.
You can't use the card in:
- Places that can't connect straight away to Visa, like some trains, planes and ships.
- Pay At Pump machines at petrol stations. But you're fine to pay inside with the cashier.
- Gambling outlets (bookies and casinos) either online in person or on the lottery.
Are you under 18?
There's a few more things you can't do. You can't use your card in:
- Pubs, bars and some restaurants.
- Wine & Beer Wholesalers
- Cigar and tobacco shops.
- Adult entertainment venues, websites or TV channels.
To help stop under 18's buying adult products and services, like gambling, alcohol and tobacco, we've put some restrictions on the account so it can't be used in these sorts of shops or online. But, there's a limit to what we can do. For example, we don't block supermarkets because they sell alcohol - we rely on retailers being responsible and checking ID.
If you are aged over 18 and a transaction gets declined, call us. We'll do our best to confirm your age over the phone.
If we can't do this over the phone, we might ask you to send us official proof of your age. Like a copy of your driver's license.
In line with Visa guidelines, for the following types of purchases and transactions, we'll reserve an extra 15% on the value of your authorisation. We do this to ensure you have enough funds to cover any extra purchases such as the mini bar and room extras on hotel bookings and cruises or re-fuelling your car hire vehicle.
- Car Hire
Once the charge comes in from the company (usually within a few days), any unused funds are returned straight to you.
Knowing how much money is in your O2 Wallet
Nearly always, the balance you see will be spot on. But a couple of things can affect it:
Online retailer payment pending
To confirm your card works before you buy from them, online retailers sometimes send a payment request first. It's usually for a small amount (under £1). This will be highlighted as 'pending' in your payment history and won't be available to spend for 14 days. After that it'll be returned to your available balance. Ready to spend.
Sometimes machines break. So if you pop your PIN in a payment machine in a shop and the machine conks out, we'll protect your money. The amount you've authorised with your PIN will be held as 'pending' for 14 days. After that, it'll return to your available balance. Ready to spend.
How we protect your money
Your O2 Money Account is an e-money product. Because it is an e-money product, it isn't covered by the UK Financial Services Compensation Scheme (FSCS). (For your information, the FSCS is a UK government backed scheme to make sure you get your money back if a financial institution becomes insolvent or goes out of business).
However, we have taken steps to protect your money if O2 / O2 Money and / or IDT Financial Services Limited were to go out of business.
We do this by placing all your money in a secure, ring-fenced account held on trust with one of our UK banking partners. We commit to do this no later than the end of the next working day after you have loaded any money into your O2 Wallet. Whilst there is a risk of loss until we do this, we do so quicker than FSA guidelines require to further protect your money. The trust accounts we use mean that any balance on your O2 Wallet will be returned to you (minus any costs for returning them) and your money cannot be used to pay other creditors of O2 / O2 Money or IDT Financial Services Limited.
Telefónica Financial Services UK Ltd (trading as O2 Money) is owned by our parent company, Telefónica, one of the world's largest telecommunications companies. Every day, over 300m customers worldwide put their trust in us to meet their needs. So you can have confidence with O2 Money.
Got a gripe? (Our Complaints Procedure)
We want to know so we can put things straight.
Just contact O2 Money Customer Service on 10202 (free from an O2 mobile), or 0844 70 10202 from any UK phone. It's free from an O2 mobile, charges from landlines and other mobiles may vary.
You can also write to us at: O2 Money Customer Services, PO Box 16222, Birmingham, B16 6SR.Please don't include any sensitive details eg debit card numbers, in case your letter is lost in the post. You must provide us with all receipts and information that are relevant to any complaint you may have.
We'll try to solve things there and then
If that's not possible, we'll pass your complaint to the O2 Money Customer Resolution Team straight away. They'll try to resolve things and will be in touch within five working days. Some issues are more complicated than others. So if we need more information from you or to do more investigating, we'll let you know when we get in touch. If things do take longer, we'll keep you up to date on progress and we'll do our very best to sort things out for you. We promise.
If we need to do a lot of investigating, we aim to resolve it within eight weeks. We'll keep you up to date on progress, and will give you an update after four weeks.
And if we can't?
If we can't resolve your complaint, or you feel that we've dealt with your complaint inappropriately, you can contact IDT Financial Services Limited directly by, writing to them at:
PO Box 1374, Gibraltar, Attention Customer Services.
And if you're still unhappy, you can complain to the Financial Services Commission, PO Box 940, Suite 3, Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar, phone +350 200 40283, fax +350 200 40282 (international call charges apply), email firstname.lastname@example.org, website www.fsc.gi.
|O2 Wallet and Physical O2 Money Account Card
What you can do and what it costs
|Monthly / Yearly fee||FREE|
|O2 Wallet application
Includes O2 Money Account & O2 Money Account Card (virtual visa card)
|Upgrading to a Physical O2 Money Account Card||£3|
|Replacing a lost or stolen O2 Money Account Card||£3|
|PIN reminders, PIN changes and password resets||FREE|
|Account limit upgrades||FREE|
|From your debit card||FREE|
|Using cash at an epay or PayPoint||£1|
|Using cash in an O2 shop||FREE|
|Spending money online and in shops|
|O2 Money Account Card purchases (UK)||FREE|
|O2 Money Account Card purchases (Abroad)||2.75% *|
|From an ATM (UK or abroad)||£1
(some ATMs may charge extra)
|Faster Payments transfer to your bank account
(takes 1-2 hours)
|£1||FREE until 1st October 2012|
|Standard transfer to your bank account||FREE||Coming Soon|
|Verify your bank account so it's ready for Faster Payment transfers||£1.50||FREE until 1st October 2012|
|Verify your bank account so it's ready for standard transfers||FREE||Coming Soon|
|Sending a Money Message||£0.15||FREE
(for your first six months from registration)
|Receive a Money Message||FREE|
|Request a Money Message||FREE|
* Any O2 Money Account transaction in a foreign currency will be converted into pounds. We'll do this at the rate of exchange provided by Visa Europe on the date the money leaves your account. See more information on exchange rates here on the Visa website.
For customer services, call 10202 or 0844 70 10202 free from your O2 mobile.
Not an O2 customer? Call us on 0844 70 10202 from any other phone (charged at 4p per minute from BT lines, charges from other providers may vary, mobile calls could cost more).
From abroad, call +44 1928 898 802 (international call charges apply)
To use O2 Wallet, you'll need a mobile that can browse the internet. So you may have data charges. If you're an O2 mobile customer, you may not be charged for data used within the O2 Wallet depending on your O2 tariff. If you're on any other network, check with your mobile service provider to see what (if any) data charges apply.
In this Agreement:
"Agreement" means this O2 Wallet Agreement, including the General Terms and any applicable terms for the specific O2 Wallet Services that you might use from time to time;
"ATM" means Automated Teller Machine (also called a cash machine);
"Card PIN" means the Personal Identification Number associated with your Physical Card;
"Card Vault" means the service that allows you to securely store credit and debit card details in your O2 Wallet;
"Fee List" means the list of Fees on the Website;
"Fees" means the sums set out in the Fee List on the Website that you must pay for various O2 Wallet Services that you may use from time to time;
"General Terms" means the general terms for using your O2 Wallet and any O2 Wallet Services;
"IDT Financial Services Limited" means IDT Financial Services Limited, a company registered in Gibraltar at registered office 57-63 Line Wall Road, Gibraltar, under company number 95716, who is regulated and authorised by the Financial Services Commission, Gibraltar;
"Money Message" means the service that allows you to send and receive payments from your O2 Money Account using mobile phone numbers;
"O2 Money Account" means the prepaid money account associated with your O2 Wallet. You get an O2 Money Account within your O2 Wallet;
"O2 Money Account Card" means the card (virtual or physical) that allows you to pay for things using your O2 Money Account;
"O2 Money Account Password" means the password you need to securely register for and access your O2 Money Account on the Website and/or via mobile web;
"O2 Money Customer Service" means the team you contact for help with your O2 Wallet, if you're required to contact us, or if you want to make a complaint;
"O2 Wallet" means the service that allows you to shop and make payments, using your O2 Money Account and/or Card Vault, via the Website, mobile app or mobile web;
"O2 Wallet Details" means any or all of your O2 Money Account Password, O2 Wallet Passcode, Pay Password, 16 digit card number (virtual and/or physical), expiry date, 3 digit security number (CCV2), Card PIN and any other details associated with your O2 Wallet and/or O2 Money Account, including your Physical Card (if you have one);
"O2 Wallet Passcode" means the passcode you need to open and access the O2 Wallet on the mobile app;
"O2 Wallet Services" means the services that are available within the O2 Wallet;
"O2 Wallet Service Terms" means the terms that apply to individual O2 Wallet Services;
"Pay Password" means the password you need to make a payment from your O2 Money Account;
"Physical Card" means the physical plastic card that lets you make purchases from your O2 Money Account in high street shops, take cash out from ATMs and load cash onto your O2 Money Account;
"Shopping Service" means the service that provides access to a search, price comparison and purchase service with certain third party retailers via the mobile app;
"UK" means the United Kingdom of Great Britain and Northern Ireland;
"Visa Europe" means Visa Europe Limited, a company registered in England and Wales under company number 5139966;
"we", "us" or "our" means Telefónica Financial Services UK Limited, a company registered in England and Wales at registered office 260 Bath Road, Slough, Berkshire, SL1 4DX under company number 7584114, and includes its group companies, suppliers, service providers, partners, contractors, agents and distributors used to provide services under this Agreement (including without limitation IDT Financial Services Limited and Visa Europe) and includes all its successors;
"Website" means our website at o2.co.uk/money/wallet;
"Working Day" means a day Monday to Friday (inclusive) but doesn't include bank holidays or other public holidays in the UK;
" you" or " your" means you, the customer who this Agreement is made with and includes any person that we reasonably believe is acting with your authority.
- 2.1 This Agreement is between you and us. By registering for the O2 Wallet you agree to this Agreement. This Agreement will come into force when we accept your registration application by opening your O2 Wallet. The O2 Wallet gives you access to your O2 Money Account and various other services (" O2 Wallet Services"), some of which may be provided by third parties. If your Agreement is cancelled for any reason, any O2 Wallet Services you take will be cancelled too.
2.2 This Agreement is made up of:
- 2.2.1 the General Terms which apply to your O2 Wallet and all O2 Wallet Services you take now and in the future. They are set out below; and
- 2.2.2 O2 Wallet Service Terms for each O2 Wallet Service you might take now and in the future. These are set out below, or for any new O2 Wallet Service will be on the Website. If you want to use new O2 Wallet Services then you'll need to accept the terms of those O2 Wallet Services either before you use them through the application/order process or you'll be deemed to have accepted them by using the O2 Wallet Service, whichever is appropriate.
- 2.3 If there is a conflict between the General Terms and O2 Wallet Service Terms for a particular O2 Wallet Service, the O2 Wallet Service Terms will prevail in respect of that O2 Wallet Service.
- 2.4 You can see a copy of this Agreement at any time on the Website, or you can ask us in line with paragraph 7 of the General Terms and we'll send you a printed copy.
- 3.1 This Agreement begins on the date your O2 Wallet is opened by us and continues until it's cancelled in line with paragraph 12 of the General Terms.
- 4.1 By using your O2 Wallet you agree to this Agreement, and confirm your identity, that you're 13 years of age or older, that you're a UK resident and that all information you've given us in your application for an O2 Wallet is true.
- 4.2 If you're aged between 13 and 17 years old, you should read this Agreement with your parent or guardian. We'll write to your parent or guardian to let them know you've applied for an O2 Wallet, but they won't be able to access your account information or transactions.
- 4.3 We may use an electronic identity verification provider to check your identity or other information during the lifetime of your O2 Wallet for the purpose of upgrading your account or for any other reason in connection with this Agreement. These checks will be held by the electronic identity verification provider and may leave an identity footprint on your records.
- 4.4 You may hold only one O2 Wallet at a time. If your O2 Wallet is closed for any reason, you may apply for a new one but you'll be re-assessed to see if you're still eligible. We, at our absolute discretion, reserve the right to decide who's eligible for an O2 Wallet.
- 4.5 We are legally required to monitor all transactions to ensure we comply with our regulatory obligations and for crime and fraud prevention. We're required to understand more about our customers to process certain transactions. If you're a new account holder or you wish to make a larger than normal transaction, we may ask you for more information. If you want to make regular large (non-shopping) payments, contact us and we'll let you know what additional information (if any) we need you to provide.
- 5.1 You can register for an O2 Wallet on the Website, on the mobile web or on the mobile app. You must have a MyO2 account from o2.co.uk/myo2. If your registration application is accepted by us, we'll open your O2 Wallet and you'll get an O2 Money Account.
- 5.2 You must confirm or update your personal details including your name, address and date of birth. We may ask for certain documents, including original documents, to verify your identity.
- 5.3 You must have and maintain a valid email address and UK registered mobile phone number, and confirm you own them. You must tell us immediately if they change or you lose your phone. If your phone number, address or email address changes and you don't tell us, we won't be liable if we can't contact you.
5.4 You must choose:
- 5.4.1 an O2 Money Account Password;
- 5.4.2 an O2 Wallet Passcode; and
- 5.4.3 a Pay Password.
- 5.5 You must be enrolled in the "Verified by Visa" service to use your O2 Money Account Card (virtual or physical) to make purchases online, whether through the Website, the mobile web, the mobile app, or third party online retailers. For more information, see www.visaeurope.com/en/cardholders/verified_by_visa.aspx.
- 5.6 If a critical update is made to the O2 Wallet, we'll tell you. You may need to follow certain instructions for the update to take effect. If you don't follow these, your O2 Wallet may not work properly and we'll have no liability to you for this.
6.1 You must:
- 6.1.1 keep your O2 Wallet Details, and any Physical Card, secure and private, and only disclose or give to third parties if necessary to make a transaction;
- 6.1.2 memorise your Card PIN (if you have one) and destroy the Card PIN notification slip. Memorise your O2 Wallet Passcode, O2 Money Account Password and Pay Password and don't write them down;
- 6.1.3 tell O2 Money Customer Service immediately of any change or correction to the details that you gave us, including your mobile phone number, postal address, email address and date of birth. You can do this by updating your details on the Website or by contacting us as set out in paragraph 7 of the General Terms. You'll need to do this even if you have an O2 mobile and already told us via MyO2 or by calling O2 mobile customer service. In some circumstances, we'll need you to provide specific evidence confirming the change of details; and
- 6.1.4 tell us (in line with paragraph 7 of the General Terms ) immediately if you know or suspect your O2 Wallet Details or Physical Card (or information that would allow the use of either) have been misused, used without your permission, lost, stolen, or are known to an unauthorised person (together, " misuse").
- 6.2 If we suspect there's a threat to the security of your O2 Wallet or fraud involving your O2 Wallet Details, and we consider it reasonably necessary, we may at any time restrict or cancel your use of your O2 Wallet and/or refuse to replace your Physical Card. We'll tell you either by SMS, by calling you or in writing before doing this, or as soon as possible afterwards, unless we aren't allowed to do so by law or for security reasons.You can ask for your O2 Wallet to be reinstated by calling O2 Money Customer Service and we'll consider that request. We'll reinstate your O2 Wallet and/or replace your Physical Card as soon as possible after the reason for stopping its use ceases to exist.
6.3 This paragraph 6.3 applies only in relation to transactions that do not fall within paragraph 6.4 of the General Terms. If someone else uses your O2 Wallet Details (including your Physical Card with your O2 Wallet Details) to make unauthorised transactions from your O2 Money Account, we'll bear the risk of loss incurred before you told us of the misuse (as you must do in line with paragraph 6.1.4). The effect of this is that we will not hold you liable for the first £50 of any such misuse even if you would otherwise be obliged to bear losses up to this amount under the Payment Services Regulations 2009. However, if your O2 Wallet Details or Physical Card are misused:
- 6.3.1 by someone who has your O2 Wallet Details or Physical Card with your permission; or
- 6.3.2 by someone and you've acted fraudulently; or
- 6.3.3 by someone and in acting with intent or gross negligence you've either failed to use your O2 Wallet or Physical Card in accordance with this Agreement or failed to tell us of any loss, theft or unauthorised use in accordance with this Agreement,
- 6.4 This paragraph 6.4 applies only to transactions conducted wholly at a distance, such as over the internet, by telephone, fax or by mail. Except where we've reason to believe that you've acted fraudulently, we'll bear the risk of loss if your O2 Money Account is used by somebody without your authority. To avoid doubt, this paragraph 6.4 applies only to your O2 Money Account, not other cards you may have loaded into your Card Vault.
- 6.5 You must help us to investigate any loss, theft or disclosure of your O2 Wallet Details and/or recover a lost or stolen Physical Card.
- 7.1 This Agreement is in English and all communication between you and us about this Agreemen must be in English.
- 7.2 If you need to contact us, including where this Agreement requires you to contact us, you can call O2 Money Customer Service on 10202 free from an O2 mobile, 0844 70 10202 from any other phone (normal 0844 number charges apply from a BT landline; costs from other providers and non-O2 mobiles vary) or if you're not in the UK call +44 1928 898802 (international call charges apply) or write to us at O2 Money, PO BOX 16222, Birmingham, B16 6SR.
- 7.3 Where this Agreement says we'll contact you in writing, that includes email or messages on the Website, mobile web or mobile app.
- 8.1 We may disclose information that you provide, or information that's collected or stored in relation to your use of the O2 Wallet, to third parties in order to carry out identity checks, make O2 Wallet transactions including O2 Money Account transactions, or provide services to you under this Agreement.
- 8.2 We may transfer your information outside the European Economic Area (" EEA") for the purposes of providing services to you under this Agreement. If we transfer data outside the EEA, we'll take steps to ensure that your information is given the same or equivalent protection as information processed within the EEA. If you use O2 Wallet Services, we will consider that you agree to the transfer of your information outside the EEA.
- 8.3 We may use and/or share your information with carefully selected third parties, for marketing purposes to tell you about other products, offers and services. If you don't want to receive these marketing communications, you can change your settings in MyO2 (o2.co.uk/myo2).
- 8.5 As set out in paragraph 4 of the General Terms, if you're between 13 and 17 years old, we'll write to your parent or guardian to let them know you've applied for an O2 Wallet, but they won't be able to access your account information or transactions.
- 8.7 We may display advertising in the O2 Wallet or in any O2 Wallet Service.
- 9.1 Subject to paragraphs 9.2 to 9.5, we may at any time change or withdraw any part of this Agreement and the Fee List.
- 9.2 Except for changes in accordance with paragraphs 9.4 and 9.5, we'll give you at least 60 days' notice by email before materially changing to your disadvantage the General Terms or the O2 Wallet Service Terms for any O2 Wallet Service that you're already using, or the Fee List. The revised Agreement and the Fee List will be available on the Website.
- 9.3 If we tell you of a change, at any time before the change is due to take effect you may cancel your O2 Wallet and immediately terminate this Agreement without having to pay any fee by telling us. If you don't tell us of any objection to the change before the change is due to take effect, we'll consider that you have accepted it.
- 9.4 We may change the exchange rates that apply to any transactions made in a foreign currency (in line with paragraph 3.3 of the O2 Money Account Terms) without notice and with immediate effect where this change is because of a change in Visa Europe's exchange rates or is more favourable to you.
- 9.5 We may make changes to the General Terms and any O2 Wallet Service Terms to reflect changes in applicable law, regulation or direction of a competent government or regulatory body immediately. We'll tell you about such changes as soon as possible.
- 10.1 You must pay Fees for using certain O2 Wallet Services. These are set out in the Fee List on the Website.
- 10.2 We may change the Fees in line with paragraph 9 of the General Terms.
- 10.3 Access to the O2 Wallet and O2 Wallet Services via the mobile app and mobile web is subject to the network coverage of your mobile service provider and your subscription with them for mobile internet, or access to wifi. Your mobile phone will need to be enabled for internet browsing.
- 10.4 You're responsible for any charges in relation to using the O2 Wallet and any O2 Wallet Services made by your mobile phone service provider, whether that's O2 or not, and any other third party, including charges for connectivity, roaming and data. If you're an O2 mobile customer, you may not be charged for data used within the O2 Wallet depending on your O2 tariff. See the information sheet on the Website for details.
- 10.5 If you access the O2 Wallet using the fixed web, your usual internet charges will apply.
11.1 Our liability to you in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) is subject to the following exclusions and limitations:
- 11.1.1 we won't be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds, failure of network services at ATMs, maximum withdrawal limits set by ATM operators or failure of data processing systems;
- 11.1.2 we won't be liable if a retailer refuses to honour a transaction, doesn't cancel an authorisation, or sells age-restricted goods or services to an under-age person;
- 11.1.3 we won't be liable for indirect or consequential loss, or any loss of profits, business, costs, expenses (unless those losses were reasonably foreseeable by both us and you when this Agreement was entered into), or any other form of economic loss;
- 11.1.4 we won't be liable for anything we do or don't do as a result of us complying with any applicable law, regulation or direction of a competent government or regulatory body;
- 11.1.5 if your O2 Wallet is faulty due to our error, our liability will be limited to replacement of your Physical Card if applicable, re-issue of your O2 Wallet Details, or redemption of the available balance in your O2 Money Account;
- 11.1.6 if sums are incorrectly deducted from your O2 Money Account due to our error, our liability will be limited to payment to you of an equivalent amount;
- 11.1.7 we won't be liable if sums are incorrectly credited to your O2 Money Account. We will be entitled to reclaim such sums or if you do not have sufficient funds available in your O2 Money Account then you must repay the outstanding amount to us when we request;
- 11.1.8 in the event that sums are deducted from your O2 Money Account but you did not authorise such deduction in accordance with this Agreement, our liability will be in line with paragraph 3.14 of the O2 Money Account Terms;
- 11.1.9 we won't be liable for any goods or services that you buy using your O2 Wallet; and
- 11.1.10 in all other circumstances of our default, our liability will be limited to redemption of the available balance in your O2 Money Account.
- 11.2 Nothing in this Agreement excludes or limits our liability for death or personal injury resulting from our negligence or fraud.
- 11.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
- 11.4 The above exclusions and limitations set out in this paragraph 11 also apply to any liability of our suppliers, service providers, partners, contractors, agents and distributors (including without limitation Visa Europe and IDT Financial Services Limited) and any of their respective group companies (if any), to you, which may arise in connection with this Agreement.
- 12.1 If your O2 Wallet is cancelled, all your O2 Wallet Services, including your O2 Money Account, will automatically be cancelled.
- 12.2 You may ask us to cancel your O2 Wallet at any time by contacting us in line with paragraph 7 of the General Terms, including in the first 14 days. Before your O2 Wallet can be cancelled, your O2 Money Account must have a zero balance. To get a zero balance, you can withdraw or spend the money using any of the ways set out in paragraph 3.5 of the O2 Money Account Terms.
- 12.3 If your O2 Money Account has a zero balance for a period of 6 months, we may cancel your O2 Wallet after giving you 60 days' notice in writing.
- 12.4 If your O2 Money Account has money in it but you don't use your O2 Wallet for 6 months, we may charge you a monthly Fee as set out in the Fee List until either you use your O2 Wallet again or the balance of your O2 Money Account is zero.
- 12.5 We may cancel your O2 Wallet and all O2 Wallet Services and end this Agreement immediately at any time if you breach any term of this Agreement.
- 12.6 Without limiting our rights under paragraph 15.1 of the General Terms, we may cancel your O2 Wallet and all O2 Wallet Services and end this Agreement at any time after giving you 60 days' notice in writing. During this notice period you can continue to use your O2 Wallet and any O2 Wallet Services, and spend or transfer any balance in your O2 Money Account. We will transfer to you any remaining money in your O2 Money Account within 20 Working Days after cancellation without charging you any fee. If we can't contact you because you haven't updated your contact details as required by paragraph 5.3 and 6.1.3 of the General Terms, we will hold onto the money as required by law for you to reclaim at a later date.
- 12.7 If any O2 Money Account transactions are made or any Fees or other charges are incurred after cancellation, you must immediately repay us these sums.
- 12.8 If this Agreement is cancelled, the following paragraphs of the General Terms will continue to apply: 1 (Definitions), 7 (How to get in touch), 8 (How we use your information), 10 (What it costs), 11 (Limitation of liability), 12 (Ending the Agreement), 13 (If you want to complain) and 15 (Is there anything else?).
- 13.1 If you're unhappy with any aspect of the O2 Wallet, please contact O2 Money Customer Service (in line with paragraph 7 of the General Terms).
- 13.2 All complaints will be dealt with in accordance with our complaints procedure which is on the Website. We'll send you a copy if you ask us in line with paragraph 7 of the General Terms. It is important that you have taken the precautions set out in this Agreement, in particular keeping your O2 Wallet Details safe. You must provide us with all receipts and information that are relevant to any complaint against us.
- 13.3 For complaints about the O2 Money Account specifically, if we're unable to resolve your complaint, you may contact IDT Financial Services Limited directly by writing to them at PO Box 1374, Gibraltar, Attention Customer Services. If you remain dissatisfied, you may complain to the Financial Services Commission, PO Box 940, Suite 3, Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar, phone +350 200 40283, fax +350 200 40282 (international call charges apply), email email@example.com, website www.fsc.gi.
- 14.1 We shall be entitled to transfer any or all of our rights and obligations (as appropriate) under this Agreement and/or change the provider of the O2 Money Account or any other O2 Wallet Services to a third party at any time, on the same terms, on giving you at least sixty (60) days' notice by email. If we do this, you'll be entitled to terminate the Agreement within sixty (60) days of you receiving the notice of the transfer. You'll be deemed to have accepted the transfer to a third party sixty (60) days from receiving the notice unless you tell us you don't agree.
- 15.1 You mustn't use your O2 Wallet or any O2 Wallet Service in a fraudulent, grossly negligent or unlawful way. If you do, or we reasonably suspect you are, we have the right to cancel your O2 Wallet and all O2 Wallet Services immediately, and end your Agreement without notice. If we do this, we'll tell you in advance unless we aren't allowed to do so by law or for security reasons, in which case we'll tell you afterwards. Any balance in your O2 Money Account will be returned to you less any applicable Fees, unless we aren't allowed to do so by law or for security reasons.
- 15.2 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.
- 15.3 You can see this Agreement at any time on the Website while it is in force.
- 15.4 Except our suppliers and partners referred to in paragraphs 11.4 and 15.7 of the General Terms, third parties can't benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.
- 15.5 You may not reproduce, modify, adapt, amend, reverse engineer or otherwise copy or use any software, including any source or object code, within or relating to the O2 Wallet or O2 Wallet Services.
15.6 You will indemnify and hold us, and any of our group companies, harmless from and against:
- 15.6.1 the costs of any legal action taken to enforce this Agreement; and/or
- 15.6.2 any breach of any of the terms of this Agreement or fraudulent use of your O2 Wallet details by or authorised by you.
- 15.7 You indemnify and hold harmless us and our suppliers, service providers, partners, contractors, agents and distributors (including without limitation IDT Financial Services Limited and Visa Europe) and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of any of the terms of this Agreement or fraudulent use of your O2 Wallet details by or authorised by you.
- 15.8 If we can't do what we promised because of something beyond our reasonable control (such as lightning, floods, exceptionally severe weather, fire, explosions, epidemics, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of others for whom we're not responsible (including other telecommunication providers), acts of local or central Government or other competent authorities), we won't be liable for this.
1. O2 Money Account
- 1.1 The O2 Money Account is provided by IDT Financial Services Limited under a licence from VISA Europe Limited. IDT Financial Services Limited is a company registered in Gibraltar at registered office 57-63 Line Wall Road, Gibraltar, under company number 95716, and is regulated and authorised by the Financial Services Commission, Gibraltar.
- 1.2 You may hold only one O2 Money Account at any time.
- 1.3 The O2 Money Account is a prepaid, electronic money account. It isn't a credit card.
2.1 You can load your O2 Money Account with money in the following ways, if available:
- 2.1.1 using a debit card issued in the UK and registered to a UK address via your Card Vault;
- 2.1.2 transfer from a UK bank account, via standard payment or Faster Payment;
- 2.1.3 using cash via the epay or PayPoint networks, including in O2 shops. You'll need a Physical Card to do this;
- 2.1.4 receiving Money Messages; and
- 2.1.5 by any other method that we make available and tell you of from time to time.
- 2.2 The time it takes before an amount is loaded onto your O2 Money Account depends on the method of loading you choose. See the information sheet on the Website for details.
- 2.3 You cannot load your O2 Money Account using a credit card or prepaid card.
- 2.4 You must comply with our instructions, including those on the Website, about loading money. You may have to pay a Fee for loading your O2 Money Account, depending on the method you use. The Fee List on the Website tells you about any Fees which may apply. If we give you a receipt when you load money to your O2 Money Account, you should keep this. We will set single load limits to your account based on transaction type and will tell you what these limits are on the information sheet on the Website.
2.5 There are limits to the amount of money you're permitted to load onto your O2 Money Account, including each day (any period of 24 consecutive hours) and year (any period of 365 consecutive days). The limits also vary by load type, for example, cash and debit card loads. The major limits can be found on the information sheet on the Website. We can, acting reasonably and in line with good practice (for example, without limitation, to limit fraud or to comply with our anti-money laundering obligations):
We may also upgrade your O2 Money Account automatically over time which will increase these load limits.
- 2.5.1 vary the load limits at any time. Any variation will be published on the information sheet on the Website; and
2.5.2 impose other load limits on your O2 Money Account on a group or individual basis.
We may also upgrade your O2 Money Account automatically over time which will increase these load limits.
- 2.6 Regulations mean we cannot calculate or pay any interest on the balance of your O2 Money Account.
- 3.1 We'll tell you the 16 digit card number, expiry date and 3 digit security code for your O2 Money Account. These are part of your O2 Wallet Details and you must keep these secure (in line with paragraph 6 of the General Terms).
- 3.2 You can't use your O2 Money Account to make payments in high street shops or to withdraw cash from ATMs unless you have a Physical Card.
- 3.3 Any O2 Money Account transaction in a foreign currency will be converted into pounds sterling at the rate of exchange provided by Visa Europe at the date the O2 Money Account transaction is debited to your account. For more information on exchange rates see visaeurope.com/en/cardholders/exchange_rates.aspx.
3.4 There are limits to the amount of money you're permitted to spend from your O2 Money Account, including each day (any period of 24 consecutive hours) and year (any period of 365 consecutive days). The limits also vary by spend type, for example, ATM withdrawals and high street purchases. The major limits can be found on the information sheet on the Website. We can, acting reasonably and in line with good practice (for example, without limitation, to limit fraud or to comply with our anti-money laundering obligations):
- 3.4.1 vary the spend limits at any time. Any variation will be published on the information sheet on the Website; and
- 3.4.2 impose other spend limits on your O2 Money Account on a group or individual basis.
We may also upgrade your O2 Money Account automatically over time which will increase these spend limits.
3.5 O2 Money Account transactions are authorised:
3.5.1 at the point of sale by following whatever instructions the retailer gives to authorise the transaction, which may include:
- a. using your Physical Card in a reader, whether or not entering the Card PIN or providing any other security code;
- b. signing a sales voucher;
- c. providing your O2 Wallet Details and/or any other details requested, including online, mail order or over the phone;
- d. tapping your Physical Card over a contactless reader, where a retailer has this technology; or
- e. tapping your contactless-enabled mobile phone on a contactless reader, where a retailer has this technology and it's available;
- 3.5.2 by inserting your Physical Card, entering the Card PIN and making a cash withdrawal at an ATM;
- 3.5.3 by providing your O2 Wallet Details and requesting an electronic transfer to a bank account (by standard payment or Faster Payment) and we permit such a transaction;
- 3.5.4 by sending a Money Message; or
- 3.5.5 in the O2 Wallet, whether on the Website, the mobile web or mobile app.
- 3.6 You can withdraw some or all of the balance of your O2 Money Account at any time using any of the ways set out in paragraph 3.5 of these O2 Money Account Terms.
- 3.7 When you authorise a payment from your O2 Money Account to a bank account via standard payments, the money will leave your O2 Money Account and will be credited to the bank account no later than the end of the third Working Day after we receive your authorisation. Authorisations not received on a Working Day will be deemed to have been received on the next Working Day. We'll process all other authorisations and make the payment 24 hours a day in near-real time.
- 3.8 You must ensure that you have sufficient available funds in your O2 Money Account to pay for each transaction that you make using your O2 Money Account (including Fees, VAT and any other taxes and charges that are applicable). If for any reason a transaction is processed with your O2 Money Account where the transaction amount exceeds the available funds in your O2 Money Account, we'll tell you, either by SMS, by calling you or in writing, and you must repay us the amount of such excess immediately. If you don't repay this amount immediately upon us telling you, we have the right to take all steps necessary, including legal action and using debt collection agencies, to recover any sums outstanding, including, to avoid doubt, after your O2 Wallet has been closed.
- 3.9 You can't make certain types of purchases with your O2 Money Account, for example, selected transactions where the amount is not known in advance such as "pay at pump" petrol. See the information sheet on the Website for details. And if you're under 18, we or the retailer may not allow certain purchase types. A retailer in-store or online may ask you for proof of age.
- 3.10 If you authorise certain types of transactions (for example, hotel room hire), a percentage above the transaction value may be authorised and will not be available for you to use for a certain period. See the information sheet on the Website for details.
- 3.11 If a transaction is unsuccessful, you can contact us and we will, if possible, tell you the reason for it and you may be able to correct any information that led to the unsuccessful transaction. It may not be possible to give you a reason if the refusal was by a third party e.g. a retailer.
- 3.12 If an authorisation is made but a transaction isn't completed (for example, if there is a terminal failure), the amount of the authorisation will not be available for you to use for up to a certain period. See the information sheet on the Website for information.
- 3.13 We won't send you paper statements. A list of your transactions for the previous 12 months will be available to view on the Website, and for the previous 30 days in the mobile app. You can keep a copy of your transaction list by printing it out from the Website.
3.14 You may be entitled to a refund without undue delay in relation to a transaction (together with any related charges) where:
3.14.1 an O2 Money Account transaction was not authorised under this Agreement;
- 3.14.2 we've incorrectly executed a transaction (unless we can show otherwise),provided that, in each circumstance, you tell us in line with paragraph 7 of the General Terms without undue delay and in any event no later than 13 months after the date on which the amount of the relevant payment transaction was debited to your account. Where you ask us to do so, we'll make immediate efforts to trace an incorrectly executed payment and will tell you of the outcome either orally or in writing.
- 3.15 Where you make an error in the payment instructions given to us, we're not liable for the consequences of that error. However, we will, at your request, make reasonable efforts to recover any payment resulting from the instructions, except for Money Messages as set out in the Money Message Terms.
3.16 Where you've agreed that a third party merchant can take a payment from your O2 Money Account (for example, you gave your O2 Wallet Details to a retailer for the purpose of making a payment) but the authorisation you gave did not specify the exact amount to be paid, you can ask us for a refund if:
- 3.16.1 the amount that was charged to your O2 Money Account was more than you could reasonably have been expected to pay, based on your previous spending pattern and the circumstances;
- 3.16.2 and you make a refund request within eight weeks of the date when the payment was charged to your O2 Money Account.
- 4.1 This paragraph 4 applies if you have a Physical Card linked to your O2 Money Account.
- 4.2 You may have to pay Fees to be issued with a Physical Card or have it replaced, and for yearly or other periodic use, as specified in the Fee List on the Website. These will be deducted from the balance of your O2 Money Account.
- 4.3 The Physical Card reflects your O2 Money Account's balance; it does not have a separate value. The Physical Card remains the property of IDT Financial Services Limited. You must destroy it promptly if your O2 Money Account is closed for any reason.
- 4.4 You must have a Physical Card to withdraw cash from an ATM, to make payments in high street shops where VISA is accepted and to load cash onto your O2 Money Account. We may charge Fees for these services as set out in the Fee List. Some ATMs have a daily limit on the amount you can withdraw, which may be different to your O2 Money Account limits. Some may charge a fee for withdrawals that we've no control over. These fees will be deducted from the balance of your O2 Money Account.
- 4.5 When you get your Physical Card, you must promptly sign it and follow the activation process on the Website, the mobile app or by calling O2 Money Customer Service. You must look after your Physical Card in the same way as cash and tell us if you know or suspect it is lost or stolen in line with paragraph 6 of the General Terms.
4.6 We will send you a Card PIN for use with the Physical Card. The Card PIN can be changed at ATMs. You must keep this Card PIN secret and not disclose it to anyone else, including us. When you select or change your Card PIN, you must not select a PIN that can easily be guessed, like numbers that:
- 4.6.1 can be easily associated with you (for example, your phone number or birthday);
- 4.6.2 are part of your O2 Wallet Details or are imprinted on your Physical Card;
4.6.3 consist of the same digits or sequential digits (for example, 1111 or 2345);
- 4.6.4 are identical to a previous Card PIN.
- 4.7 You may separately cancel your Physical Card at any time and continue to use your O2 Money Account without it. We won't refund any fees you have paid in relation to your Physical Card, except for monthly or annual usage Fees that you paid in advance which we'll refund on a pro-rata basis.
- 5.1 Your O2 Money Account Card has an expiry date (usually three years from the date of issue). We'll contact you before expiry to arrange for a new O2 Money Account Card, expiry date and Physical Card if appropriate.
- 6.1 From time to time we may make various functions available for your O2 Money Account within the Website, mobile app or mobile web. To use these you must follow the instructions given. We'll tell you if there are any Fees for these functions.
- 7.1 The O2 Money Account is not part of the Financial Services Compensation Scheme which would ensure all money is returned to you should IDT Financial Services Limited become insolvent or go out of business. To protect your money, we've taken other measures, including holding it in a trust account. See the information sheet on the Website for details.
- Money Messages are sent and received by your O2 Money Account. You can also request that someone send you a Money Message. You must have the correct mobile phone number of the person you want to send the Money Message to, and they must have an O2 Money Account or open one as set out in paragraphs 3 and 4 of these Money Message Terms. Money Messages can only be sent to standard UK mobile phone numbers. If you send a Money Message to the wrong mobile phone number, we won't refund you the Money Message sum or Fee.
- You need your Pay Password to send a Money Message. You must pay a Fee for sending a Money Message, as set out in the Fee List on the Website. The Fee and the sum of the Money Message will be deducted from your O2 Money Account. You must have sufficient funds in your O2 Money Account to pay for the sum of the Money Message and the Fee. There's no fee for requesting a Money Message, but there's a fair use policy.
- If you send a Money Message to someone who doesn't have an O2 Money Account, we'll send them a text message with a link so they can register for an O2 Money Account if they are eligible. You should tell them they'll receive this message. If they don't register within 5 days, we'll tell you and refund the Money Message sum to your O2 Money Account. We won't refund you the Money Message Fee.
- If you request a Money Message from someone who doesn't have an O2 Money Account, we'll send them a text message with a link so they can register for an O2 Money Account if they're eligible. You should tell them they'll receive this message. We'll send you confirmation if they send you a Money Message.
- There's a limit to the number and total sum of Money Messages you can send in a day. We'll tell you what these are on the information sheet on the Website.
- Your O2 Money Account spend limit applies to Money Messages that you send, and your O2 Money Account load limit applies to Money Messages that you receive. If someone attempts to send a Money Message that would take the recipient over their load limit, or them over their spend limit, we'll tell them it's not possible and no money or fees will be taken from their O2 Money Account.
- You can register a number of credit and debit cards in your Card Vault. Such cards must be issued in the UK, registered to a UK address and branded either Visa or MasterCard. We'll tell you on the Website and/or in the O2 Wallet how many you can register. You can use these cards to buy goods or services using the Shopping Service, and such debit cards to load your O2 Money Account. You can remove a card you have added to the Card Vault.
- When you authorise a load to your O2 Money Account from a debit card in your Card Vault, you agree that we'll use your card details (including your 16 digit card number and expiry date) to deduct the load amount. To protect your security, you must enter the 3 digit security code yourself where prompted. You may have to pay a Fee for loading from the Card Vault, as set out in the Fee List.
- You can select a "default card" so that when you make an online purchase, the online payment form is prefilled with your default card details (excluding the 3 digit security code which you must enter yourself each time to protect your security). If you don't make a choice, your O2 Money Account will be set as your default card.
- The Card Vault cannot be used to receive cash advances from retailers or to buy cash equivalents (for example, travellers cheques, prepaid cards, money orders).
- We're not responsible for transactions you carry out with third party retailers. You enter into an agreement with the retailer directly and you must accept their terms and conditions.
- You pay for goods or services bought through the Shopping Service using your O2 Money Account or any card you've loaded into your Card Vault.
- If you have a dispute about goods or services you bought through the Shopping Service, you should settle this directly with the retailer. We are not responsible for the quality, safety, legality or any other aspect of any goods or services you buy through the Shopping Service.
The O2 Money Account is provided by IDT Financial Services Limited under a licence from Visa Europe Limited. IDT Financial Services Limited is regulated and authorised by the Financial Services Commission, Gibraltar. Registered Office 57-63 Line Wall Road, Gibraltar, Registered No. 95716.
Telefónica Financial Services UK Limited. Registered in England and Wales no. 7584114. Registered Office 260 Bath Road, Slough, Berkshire, SL1 4DX, United Kingdom.
© March 2012