O2 Protect terms and conditions (from 15th Dec 2014 - 31 Mar 2015)

The following terms and conditions apply to the provision of the O2 Protect Services (being O2 Store and Share and O2 Guard).

1. BETA PHASE

From 15th December 2014 until 31st March 2015 (inclusive), the O2 Protect Services shall be in a Beta Trial Phase and shall be made available to O2 Customers at no charge (the “Beta Phase”). 
During the Beta Phase, the following terms and conditions apply, and in the event of any conflict with the terms set out in Clauses 2 -12 below, this Clause 1 shall take precedence.
During the Beta Phase:

1. • (a) The O2 Protect Services and any third party software services or applications made available in connection with the O2 Protect Services are provided 'as is', without warranty of any kind. To the maximum extent permitted by law, O2 and its suppliers or partners disclaim all warranties that the functions contained in the O2 Protect Services will be uninterrupted or error-free, that defects will be corrected or that the O2 Protect Services will meet your requirements. Customers are solely responsible for any damage to a Device, loss of use or loss of data as a result of their use of the O2 Protect Services.
   • (b) O2 shall endeavour to provide support for the O2 Protect Services during the Beta Phase, but use of the O2 Protect Services during the Beta Phase is at your own risk.

PLEASE NOTE, IMMEDIATLEY AFTER THE END OF THE BETA PHASE (BEING 1 APRIL 2015) CUSTOMERS WHO HAVE NOT CONTACTED O2 TO CANCEL THEIR SUBSCRIPTION TO THE O2 PROTECT SERVICES SHALL BE CHARGED AT THE RATES SET OUT AT protect.o2.co.uk FOR THE BUNDLE SELECTED.  THERE IS NO MINIMUM SUBSCRIPTION PERIOD AND CUSTOMERS MAY CANCEL THEIR SUBSCRIPTION AT ANY TIME BY USING THE LINK PROVIDED IN ALL SMS AND EMAIL COMMUNICATIONS OR BY LOGGING ON AT https://protect.o2.co.uk/hub. ALL CUSTOMERS WHO SUBSCRIBE TO O2 PROTECT SERVICES DURING THE BETA PHASE SHALL BE CONTACTED IN ADVANCE OF 1 APRIL 2015 TO ADVISE THEM THAT CHARGES WILL SHORTLY BE INCURRED, AND WITH INSTRUCTIONS ON HOW TO CANCEL THEIR SUBSCRIPTION SHOULD THEY SO WISH.

2. DEFINITIONS

The following terms and expressions apply:

TERM / EXPRESSION	MEANING
“Bundle”	means the specific bundle of O2 Protect Services subscribed to by a Customer, as set out further in clause 3.1 below and at https://protect.o2.co.uk/
“Customer”	means a customer of O2.
“Devices”	means any smartphone, tablet, personal computer, laptop, Apple mac that is supported by the End-User Licensed Software.
“End-User Licensed Software”	means the software provided to Customers as O2 Protect, O2 Guard and/or O2 Store and Share.
“Funambol”	means Funambol Inc., located at 1065 E. Hillsdale Blvd. #400, Foster City, CA 94404 USA, a provider of personal cloud storage solutions.
“Licence”	means a license to use either ,or both depending on the Customer’s Bundle selection,  O2 Guard or O2 Store and Share.
“McAfee”	means McAfee Inc (a wholly owned subsidiary of Intel ) and a global provider of computer security software.
“MMA”	means the McAfee Multi Access Service under which O2 enables the Customer to run various self-managed and/or O2-managed capabilities and applications (as agreed between the Customer and O2) on a range of Devices  from a secure log-on, Internet-based, McAfee-hosted website.
“MMA_5”	means the End-User Licensed Software which O2 provides to the Customer to enable the Customer to use MMA with up to a maximum of 5 Devices.
“MMA_1”	means the End-User Licensed Software which O2 provides to the Customer to enable the Customer to use MMA with 1 Device .
“O2”	means Telefonica UK Limited, company number: 1743099 with its registered office at 260 Bath Road, Slough, Berkshire, SL1 4DX.
O2 Guard	is a value added security service for mobile customers of O2, which provides complete protection for a Customer’s Devices, using MMA_1 or MMA_5 (depending on the Customer’s Bundle selection), these can be PC, Mac, Smartphones or Tablets. The service incorporates a periodic update mechanism that automatically updates file signatures in order to improve the product performance and effectiveness, as further described below and at https://protect.o2.co.uk/ on the Learn More links.
O2 Protect	means the service provided by O2 that allows Customers to purchase access to O2 Store and Share, and/or O2 Guard, and to manage the products included in the relevant Bundle subscribed to.
O2 Protect Services	means O2 Protect, O2 Store and Share and O2 Guard.
O2 Store and Share	means Funambol OneMediaHub,  a white-label personal cloud solution which lets the users: safely store the Customer´s content , share it with family and friends, sync the customer´s mobile devices & PCs automatically and access their content anytime as further described below and at https://protect.o2.co.uk/  on the Learn More links.

3. O2 PROTECT SERVICES

1. 3.1. Customers may purchase O2 Protect Services in any one of the following Bundles:
    
   • (a) O2 Protect Free: this consists of O2 Store and Share with 8 GB storage  
   • (b) O2 Protect Must-Have: this consists of O2 Store and Share with 32 GB storage plus O2 Guard for 1 Device
   • (c) O2 Protect Everything: this consists of O2 Store and Share unlimited storage plus O2 Guard for 5 Devices

The Charges per month for each of the above Bundles are set out at:  protect.o2.co.uk
You can also compare the Bundles available at O2: https://protect.o2.co.uk/public/free/comparative

1. 3.2. O2 Guard is a security service which provides security for Devices. Customers may purchase Bundles that give the right to secure 1 or 5 Devices (O2 Protect Must Have includes O2 Guard for 1 device, and O2 Protect Everything includes O2 Guard for 5 devices). This is all managed on the Web Console (My Account), where you have a choice of:

• O2 Guard PC Protection, with McAfee Total Protection.
• O2 Guard Mac Protection, with McAfee Internet Security
• O2 Guard Mobile Device Protection (smartphones or tablets), with McAfee Mobile Security.

A detailed description of these features is described in the user manual of this product, available at  https://protect.o2.co.uk/

3.3 O2 Store & Share is a Personal Cloud storage solution that helps Customers to:

1. • (a) SECURE digital content from their devices, mobile (Android and Windows Phone) or computers (Windows and Mac OS), into the cloud;
   • (b) SYNC the secured content across all user’s Devices;
   • (c) SHARE selected content peer-to-peer or by posting on social sites.
   • (d) ENJOY the multimedia content in the Device (look at pictures, listen to music and more)

4. CUSTOMER OBLIGATIONS

1. 4.1 The Customer is responsible for installing and using O2 Store and Share and O2 Guard on the Customer’s Devices.
2. 4.2 The Customer is responsible for ensuring their Devices are compatible with O2 Guard and/or O2 Store and Share. The Customer can confirm compatibility of their Devices for O2 Guard via the following website which details the system requirements of each of the McAfee products contained within O2 Guard: O2 Guard Technical Requirements , and for O2 Store and Share via the following website which details the system requirements of each of the Funambol products contained within O2 Store and Share https://o2storeandshare.co.uk/?directlogin
3. 4.3 The Customer shall keep its log-on credentials secure at all times. O2 will have no liability to the Customer for any misuse of such log-on credentials by a third party.
4. 4.4 The Customer must have an O2 account and must be set up on My O2 before any order for O2 Store and Share and/or O2 Guard can be placed.
5. 4.5 The Customer may not use the O2 Protect Services:

1. • (a) for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
   • (b) to remove, circumvent, disable, damage or otherwise interfere with security-related features of the O2 Protect Services, features that prevent or restrict use or copying of any content accessible through the O2 Protect Services, or features that enforce limitations on use of the O2 Protect Services;
   • (c) to intentionally interfere with or damage operation of the O2 Protect Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
   • (d) to post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
   • (e) for commercial purposes;
   • (f) to hack, scrape or mine any materials;
   • (g) in any manner that can damage, disable or impair the O2 Protect Services or interfere with others' use of the O2 Protect Services;
   • (h) to use any automated means to access the O2 Protect Services for any purpose without our express written permission or bypass other measures we may use to prevent or restrict access to the O2 Protect Services or modify the O2 Protect Services in any manner or form, nor to use modified versions of the O2 Protect Services, including (without limitation) for the purpose of obtaining unauthorised access to the O2 Protect Services; or
   • (i) sell or transfer or allow another person to access your account password or O2 Protect Services account.

5. TERM,TERMINATION RIGHTS AND IMPACTS OF TERMINATION

1. 5.1 O2 Store and Share and O2 Guard are available to purchase with no minimum period. The Customer will continue to be charged monthly on a recurring basis until the Customer cancels the subscription to O2 Store and Share and/or O2 Guard in accordance with clause 5.2.
2. 5.2 The Customer can choose to cancel the O2 Protect Services at any time by accessing the O2 Protect Website https://protect.o2.co.uk/ . The Customer will be charged for use of the O2 Protect Services until the date of such termination (charges shall be pro-rated to cover actual use only).
3. 5.3 If a Customer’s account is to be terminated (whether by O2 as a result of breach of these Terms, or at the Customer’s request), all data contained within the Customer’s O2 Store and Share account will be deleted.  We’ll notify you by contacting you on the number you registered before this information is deleted, with instructions on how to download your data from the cloud. We will contact you three times across a period of 15 days. If we don’t hear back, your account and the information contained in it will be deleted.

6. LIMITATIONS AND IMDEMNITY

1. 6.1 The O2 Protect Services and any third party software services or applications made available in connection with the same are provided 'as is', without warranty of any kind. To the maximum extent permitted by law, O2 and its suppliers or partners disclaim all warranties that the functions contained in the O2 Protect Services will be uninterrupted or error-free, that defects will be corrected or that the O2 Protect Services will meet your requirements. You are solely responsible for any damage to your device, loss of use or loss of data. O2's total liability to you for all damages, losses, and causes of action arising out of your use of the O2 Protect Services shall not exceed the amounts paid by you for accessing the O2 Protect Services.
2. 6.2 O2 shall not accept responsibility for matters outside of its reasonable control.
3. 6.3 You agree to indemnify, defend, and hold harmless O2, its affiliated companies, and its suppliers and partners from any and all claims, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of the O2 Protect Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of these term and conditions.
4. 6.4 O2 will use reasonable skill and care in providing the O2 Protect Services. However, O2 does not warrant that:

1. • (a) the O2 Protect Services will be error free or free from interruptions or other failures or harmful components;
   • (b) the O2 Protect Services will protect the Customer against all possible security threats (including intentional misconduct by third parties); or
   • (c) that the content on the O2 Protect Services will be secure or not otherwise lost or damaged; or
   • (c) there will be no malfunctions or other errors in the O2 Protect Services caused by virus, infection, worm or similar malicious code not introduced or developed by O2.

7. CHARGES

1. 7.1 The Customer will be charged for their O2 Guard and/or O2 Store and Share Bundle on a monthly basis, on their O2 bill.  The applicable charges depend on the Bundle subscribed to by the Customer, current Bundle prices can be found at: protect.o2.co.uk
2. 7.2 The Charges do not include any data charges. When the Customer installs an O2 Protect Service onto a Device or when any updates to the O2 Protect Services are delivered to the Customer’s Device, the Customer will be charged for data usage in accordance with the Customer’s airtime agreement.

8. CUSTOMER SUPPORT

O2 will provide the Customer with support for O2 Store and Share and O2 Guard.  Please visit http://www.o2.co.uk/contactus for contact details. Support will be available during the following times:

Pay monthly customers
Monday - Friday	08:00 - 21:00
Saturday	08:00 - 20:00
Sunday	08:00 - 18:00

Platinum customers
Monday - Friday	08:00 - 20:00
Saturday	09:00 - 18:00
Sunday	09:00 - 18:00

 

Pay As You Go customers
Monday - Friday	08:00 - 21:00
Saturday	08:00 - 20:00
Sunday	09:00 - 18:00

9. END USER LICENSE AGREEMENTS

1. 9.1 In order to use O2 Guard, the Customer must accept the end user license terms and conditions from McAfee which can be located at the following web page: http://home.mcafee.com/Root/AboutUs.aspx?id=eula , along with McAfee’s Privacy Notice, available at : http://www.mcafee.com/common/privacy/consumer/english-uk/index.htm .
2. 9.2 In order to use O2 Store and Share, the Customer must accept the end user license terms and conditions from Funambol which can be located at the following web page: https://onemediahub.com/ui/jsp/terms.jsp, along with Funambol’s Privacy statement, available at: https://onemediahub.com/ui/jsp/privacy.jsp
3. 9.3 The term and termination or cancellation of the Licences granted to the Customer shall be governed by this Agreement provided always that Funambol (in the case of O2 Store and Share), and McAfee (in the case of O2 Guard) retains its rights to suspend or terminate the License due to breach or misuse by the Customer as set out in the respective End User Licence Agreement. Any renewals (whether automatic or not) shall be negotiated between O2 and the Customer; payment obligations, including refunds and payments taken from the Customer, shall be governed by the Agreement between O2 and the Customer.

10. CHANGES TO THE TERMS

1. 10.1. O2 reserves the right to vary these terms from time to time in order to accommodate future changes to O2 Store and Share and/or O2 Guard. O2 will give the Customer at least 28 days’ notice in writing of any such change.

11. DATA PROTECTION

1. 11.1 Use of your information:

1. • (a) Your data will be used in accordance with O2's Privacy Policy, which you can view at www.o2.co.uk/termsandconditions/privacy-policy . You are solely responsible for your own data and information and the consequences of storing or transmitting it. O2 accepts no responsibility whatsoever in connection with or arising from your data. Your data may be monitored for inappropriate or illegal use. O2 reserves the right to prevent you from submitting your data and to restrict or remove your data for any reason at any time.
   • (b) O2 may use data received or obtained from your device to determine your location. By using the O2 Protect Services, you consent and permit O2 to use your location data in accordance with the terms of its Privacy Policy. O2 does not make any representation, warranty or guarantee of accuracy, completeness or timeliness of with respect to any location data. Our purpose in collecting this information is to provide you with the location of your device when you request it. If you activate the locate feature, your device will provide location information based on GPS or the network. Up to the last 20 locations of your device will be published on your account through the website.

11.2 What types of information O2 Protect will collect:

1. • (a)  Information about the type of device you are using and the operating system you are running;
   • (b) Your name, email address, and mobile phone number – so that we can contact you with service and billing information
   • (c) Your account with O2, to allow you access to the O2 Protect Services

1. 11.3 O2 Protect Services may be managed by O2's carefully selected third parties

12. GOVERNING LAW

1. 12.1 These terms are governed by English law and are subject to the jurisdiction of the courts of England and Wales.