O2 Drive service terms and conditions (- 8 Nov 2016)
1. Our Agreement
Our “Services” are provided within the O2 Drive application (the “App), your O2 Drive insurance policy and the Car Assistant service. The Services are subject to the following terms (the “Agreement”) with Telefónica UK Limited (“O2, we, us, our”).Our “Agreement” can be found within the “Settings” section of the O2 Drive app under “Terms of Service”. We might update the Agreement or Services from time to time. If there’s a material change, we’ll notify you.
2. How the Services work
- The Services work in the UK only. You must have a current O2 Drive insurance policy and comply with its terms.
- The App is intended to monitor and collect data about your driving behaviour through your smartphone. The App saves the data as you drive.
- The Services collect data about the speed, acceleration, braking and time of day of you’re driving as well as your location. Your location data will help to determine whether your journey is likely to be in your car (as opposed to a train or cycling journey). You are required to drive in accordance with applicable rules and regulations.
- You are responsible for ensuring that you keep your software and any devices up to date at all times. You accept that the Services will not be uninterrupted, free from corruption, viruses or hacking or error-free. Sometimes there will be bugs that require fixes. We will attempt to fix such errors where possible.
In the App you will find offers based on O2 Priority offers and more. Check the App for details. O2 Priority terms apply.
4. Driver Scoring
You can turn your driver scoring feature and scoring tracking off at any point within the settings of the App, but then these scores will not be saved and you will not be eligible for any rewards based on previous scoring. If you breach the terms of this Agreement, or we reasonably suspect that you have deliberately tried to interfere with your data collection methodology, we will cancel your account and any benefits or driving history will be void.
5. The information we collect and use
You can access your information via the App, including your rewards points, journey history and insurance details.
If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
6. What we expect of you
In addition to your obligations specified in this agreement, you agree that you must not:
- Provide us with information that is false or inaccurate;
- Do anything that is unlawful, harmful, or otherwise objectionable;
- Impersonate any person falsely state or otherwise misrepresent your identity;
- Trace any information of any other O2 Drive user for the purpose of obtaining information of any other O2 Drive user;
- Attempt to override or circumvent any of the usage rules embedded into O2 Drive.
- Decompile or reverse engineer O2 Drive or otherwise attempt to create the source code from O2 Drive, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of O2 Drive; or
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Services.
If you wish to cancel use of the Service, please uninstall your App. You may also refer to the section of the App which will allow you to switch off recording of your journeys. O2 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Services (or any part of it) with or without notice.
We may, without prior notice, immediately terminate, limit your access to or suspend your Services for reasons including but not limited to:
- breaches or violations of this Agreement or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- technical or security issues or problems,
- extended periods of inactivity,
- engagement by you in fraudulent or illegal activities, or
- termination or breach of your O2 Drive insurance policy.
8. Car Assistant is a Service available to customers who have a current O2 Drive policy only. It is provided by O2’s partner CLM Fleet Management, Corporate House, Jenna Way, Newport Pagnell, MK16 9QB (www.clm.co.uk/garage-assistant) who are garage and fleet management service providers.
9. Car Assistant can provide options for servicing, batteries, MOTs, tyres and general repairs for your vehicle at fleet rates at selected garages. Fleet rates can include discounts that have been negotiated for large companies who own fleets of cars.
10. Any charges for Car Assistant shall be quoted to you unless you have requested additional work and/or CLM has independently agreed with you charges for further work required. Excess charges may apply subject to your agreement with O2 Drive, or directly with CLM or your garage. Work on your vehicle that falls below your quoted price will be carried out without further consultation with you.
11. You can pay for Car Assistant by paying your garage directly when you collect your vehicle.
12. Pricing and work allocated to your vehicle relies entirely on the information that you provide, including the condition of the vehicle, taking into account any modifications made. You agree to provide accurate and true information when using this Service. O2 Drive and CLM shall not be liable for any false or inaccurate information provided. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so O2 Drive or CLM can communicate with you.
13. Any pricing offered is subject to change from time to time and any fixed price offered shall only apply to bookings made on the same day of the date that a quote is made. Charges for bookings made after the day of the quote may be subject to change and not charged for at the previously quoted or prior reduced price offered.
14. You are required to notify CLM in advance of using the Services if you have made any modifications to your vehicle. Services carried out shall have a warranty period of 1 year.
15. Information will be shared with the garages to the extent it is required to help the garage or CLM carry out the Services. Calls to CLM may be recorded for quality and training purposes.
16. You are not obliged to use the Service and can contact a garage independently for work outside the scope of the O2 Drive offer. If you choose to make a booking with a garage we strongly recommend that you conclude your own written agreement with them clearly detailing the services to be done and the price to be paid.
17. O2 Drive will not be a party to any agreement, contract or booking which you conclude with a garage. O2 Drive will not under any circumstances have any responsibility to you or liability to you for the performance or quality of any services performed by the garage.
Other points to note
18. We are not responsible for any losses or damages arising from an inability to access the O2 Drive Services.
19. You agree to indemnify and hold O2 harmless from any claim or demand (including legal fees) made by any third party due to or arising out of any accidents you may have, your use of the Services, your breach of this Agreement or your violation of any laws.
20. You may engage with third parties when using the Services (for example, a garage or an insurance provider). Third party services are subject to separate terms and conditions that you will enter into with the third party directly. O2 is not responsible or liable for these relationships that you enter into.
21. You agree that you have the necessary licences to drive and use the Services. O2 will not be liable for your conduct when driving, your loss of any information on your App, damage caused to your car, your dealings with third parties or other losses you may suffer that were not caused directly by O2 or losses that O2 could have seen coming.
22. We may provide you with notices regarding O2 Drive, including changes to this Agreement, by email, SMS, text message, push notifications in your App, phone calls, postings on O2 Drive website, posting on social network, or any other reasonable means now known or hereafter developed.
23. This Agreement is governed by the laws of England and Wales. You agree that any claim or dispute with O2 relating in any way to your use of the Services shall be brought exclusively before the English courts.
24. If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. O2’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.