END USER LICENSE AGREEMENT FOR THE O2 JUST CALL ME SERVICE
PLEASE READ THESE TERMS CAREFULLY
Provision of the O2 Just Call Me service is subject to acceptance of the following end user license terms and conditions:
- THE USE OF THE O2 JUST CALL ME APP IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (THE "AGREEMENT"), BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE O2 JUST CALL ME APP, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE O2 JUST CALL ME APP.
• WHAT IS IT? The O2 Just Call Me App is a product owned by Voxygen Limited and is provided to O2 and its customers under licence. The O2 Just Call Me App enables the end user to schedule and host conference calls using the O2 network to deliver calls to the chair person’s mobile number, and allow participants to join a call by dialling the chairperson’s mobile number. The O2 Just Call Me App is not a replacement for a mobile phone. It does not support outbound calls to other numbers, but will allow an end user to merge inbound calls to a single mobile phone number.
• MOBILE CHARGES APPLY: Standard usage charges will apply when you use communications services in connection with the App.
• IT’S EARLY DAYS: We can’t promise that the O2 Just Call Me App is free of inaccuracies, errors, bugs or interruptions. The O2 Just Call Me App is provided "as is" with no warranty, express or implied, of any kind. To the extent permitted by law, we expressly disclaim any and all warranties of fitness for purpose, availability, security and/or non-infringement. You download the O2 Just Call Me App at your own discretion and risk. Availability and delivery of communications services by O2 in connection with the O2 Just Call Me App is subject to separate terms and conditions and charges and is not guaranteed in any way by us.
• COMPATIBILITY: Some services or tariffs, including but not limited to TuGo, are not compatible with the O2 Just Call Me App. You will not be able to use the O2 Just Call Me App whilst you have an incompatible service or tariff connected to your mobile phone.
1. YOUR AGREEMENT FOR DOWNLOADING O2 JUST CALL ME
1.1 The O2 Just Call Me software application (the “O2 Just Call Me App” or the “App”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions of it (“Updates”) and whether made available for free or for a fee, is licensed (not sold) to you by Telefónica UK Limited.
1.2 The O2 Just Call Me App is charged at £5.00 (Ex VAT) per subscription, per month. Subscription to the Just call me App can be cancelled at any time subject to giving O2 a minimum of 30 days written notice.
1.3 Details of the O2 Just Call Me App including details of the associated fair usage policy are available on our website at justcallme.o2.co.uk
1.4 “O2” “we”, “us”, “our”, and similar means Telefónica UK Limited, 260 Bath Road, Slough, Berkshire, SL1 4DX, United Kingdom as the context requires; “you” or “your” means you, the person who has downloaded the O2 Just Call Me App and is the licensee under these Terms.
1.5 Your agreement with us is made up of the terms and conditions set out in this end user license agreement (the “Terms”).
2. ACCEPTANCE OF THE TERMS
2.1 In order to download the App you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download the App. You should print a copy of these Terms for your records.
2.2 In order to use the O2 Just Call Me service, you must first complete a registration process and a security validation process to confirm that you are using the O2 Just Call Me App in conjunction with the correct mobile phone number.
3. CHANGES TO THE TERMS
3.1 We may make changes to these Terms from time to time. We will publish the changes in the App. Any changes will be effective when we publish them. Please read the Terms from time to time. You understand and agree that your express acceptance of the Terms or your download of the App after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you can terminate your relationship with us or simply stop using the App.
4.1 Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sub-licensable, non-assignable licence to download, install and use the App on a mobile phone or other device with which it is compatible. We reserve all rights not expressly granted to you under these Terms.
4.2 You may not and you agree not to sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the App or use the App:
- for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
- for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, receive, upload, download, use or reuse any material that is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing, or otherwise objectionable;
- to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties;
- in any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others.
If you do, we may terminate your licence to use the App in line with paragraph 9.
5. DOWNLOAD THE APP
5.1 In order to download the App you’ll need a compatible device. Please check justcallme.o2.co.uk for details of compatible devices.
5.2 We have no obligation to make available any Updates. However, we may in our sole discretion require you to download and install Updates and/or the App may download and install Updates from us automatically from time to time. If you do not agree to receive such Updates from us, you may not be able to use the App any more. You agree that any such Updates from us are subject to these Terms.
5.3 From time to time, we may need to perform maintenance on or upgrade the App. You will not be entitled to claim damages for such suspension or limitation of the use of the App during such period maintenance or upgrade.
5.4 We are not the source of, do not have any control over, do not monitor and take no responsibility for the content of communications made using the App.
5.5 We can’t guarantee that the App will always function in the way you expect or without disruptions, delay or errors. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any items over which we have no control.
5.6 The functionality of the App may vary from time to time. If you do not agree with any changes to the App you may terminate your relationship with us or simply stop using the App. In addition, you acknowledge and agree that the use of the App may be subject to geographical restrictions which may vary from time to time.
5.7 In using the O2 Just Call Me App you agree to receiving e-mail messages and notifications relating to the O2 Just Call Me service. Machine generated text messages will be delivered to all devices which have installed the O2 Just Call Me App.
6. YOUR OBLIGATIONS
6.1 You must use the App in line with all applicable laws.
6.2 You may not do any of the things set out in paragraph 4.2 above.
6.3 Subject to agreeing these Terms, you commit to proving O2 with feedback from time to time via the online support platform at justcallme.O2.co.uk, or via e-mail surveys.
6.4 From time to time, we may request information from you for the purpose of supplying the App to you. You shall ensure that any such information is complete, up-to-date and accurate.
6.5 The App is for your individual use. You shall not resell or commercialise the App to any third party.
7. PROPRIETARY RIGHTS
7.1 The App contains proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the App, such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Voxygen Limited, its affiliates or licensors and are protected by United Kingdom and international copyright laws. Such copyright protected content cannot be reproduced without express permission.
7.3 Subject to Clause 7.4, Voxygen Limited retain exclusive ownership of the App and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with the intellectual property rights in the App.
7.4 Associated trademarks and logos are trademarks owned by Telefónica UK Limited and may not be used in connection with any other product in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Telefónica UK Limited.
8.1 Charges for using the O2 Just Call Me App will be in accordance with your O2 agreement.
9. ENDING YOUR RELATIONSHIP WITH US
9.1 You may terminate your relationship with us at any time and without recourse by ceasing to use the App and by deleting all your relevant account details.
9.2 We may terminate our relationship with you, or may terminate or suspend your use of the App at any time and without recourse:
- if you are in breach of these Terms;
- if we reasonably suspect that you are using the App to break the law or infringe third party rights;
- if we reasonably suspect that you (or a third party on your behalf or with your access) are using the App fraudulently;
- immediately and for any reason if we decide to cease offering the App, although we will use reasonable endeavours to notify you in advance wherever possible; or
- immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or if required by any of our partners.
9.3 We will effect such termination by preventing your access to the App.
9.4 Upon termination of your relationship with us:
- all licenses and rights to use the App shall immediately terminate;
- you will immediately cease any and all use of the App; and
- you will immediately remove the App from your devices and other hardware on which it is installed or integrated with.
10. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
10.1 For the purposes of this paragraph 10, all references to ‘O2’ ‘us’, ‘we’ or Telefónica UK Limited includes our subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
10.2 To the maximum extent permitted by law: the App is provided “as is” and used at your sole risk with no warranties whatsoever; we do not make any warranties, claims or representations and expressly disclaim all such warranties, claims or representations of any kind, whether express, implied or statutory, with respect to the App including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. We do not represent or warrant that the App will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor do we warrant the quality of communications made or enabled through the App.
10.3 Notwithstanding any other terms, nothing in this these Terms shall exclude or restrict either your or our liability for;
- death or personal injury caused by the other party’s negligence;
- loss resulting from the other party’s willful default or gross negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
10.4 We will not be liable to you under or in connection with these Terms for your use of the App, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for:
- any indirect, special, incidental or consequential loss or damages; or
- any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
- any damage to or corruption of data (whether direct or indirect); or
- any claim, damage or loss (whether direct or indirect) arising from or relating to any product or service provided by a third party under their own terms of service, any third party technology or any third party website.
10.5 Our total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability) shall not exceed in aggregate the amount of one thousand pounds in all cases.
10.6 If any third party brings a claim against us in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold us harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
11. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
11.1 We’re committed to respecting your privacy and the confidentiality of your personal information. When you download the App, we will not knowingly collect any personal information from you - although we may need to note your device's IP address in order to facilitate the download. To the extent we receive any other personal information from you (for example if you choose to directly contact us about the App), we will only process the data in order to facilitate the communication, we will use appropriate organisational and technical security measures to protect such personal information and will only share such personal information with other group companies or third parties who are providing services on our instructions.
12.1 These Terms constitute the entire agreement between you and Telefónica UK Limited with respect to your use of the App and replace any prior agreements, terms or representations between you and us with respect to the App.
12.2 If any provision of these Terms (or part of them), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
12.3 The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our rights or remedy. If we waive a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
12.4 You may not assign these Terms or any rights or obligations contained in them. We may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
12.5 This paragraph 12, along with paragraph 10 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
12.6 You acknowledge and agree that if we are unable to provide the App as a result of a force majeure event, we will not be in breach of any of our obligations towards you under these Terms. A force majeure event means any event beyond our control.
12.7 The construction, validity and performance of these Terms and all non-contractual obligations arising from or connected with these Terms, shall be governed by English Law. Any action or proceeding brought to adjudicate any dispute related to or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Last Updated: January 2015