O2 Drive App Service terms and conditions
These terms apply to all users of the O2 Drive Mobile Application Software (“the App”) from 18th September 2018.
1. The Service
Telefónica UK Limited (“O2, we, us, our”) licence users of the O2 Drive App (“you”) to use the services and features that you connect to via the App and the content we provide to you through it, the mobile application software and any updates or supplement to it (the “App Service”) as permitted in these terms.
If you have a valid O2 Drive insurance Policy or O2 Drive Box on Board policy incorporating our Car Assistant Service additional terms for those policies and services will apply. Please check your insurance policy documents for details and Section 9 of these terms for Car Assistant.
A copy of these “Terms” can be found within the “Help” section of the App under “Terms and conditions”. We might update the Terms or Services from time to time. If there’s a material change, we’ll notify you.
2. Operating System Requirements
For iOS users, the App requires a GPS enabled smartphone device with a minimum of 80 MB of memory and iOS version 9.3 or later.
For Android users, the App requires a GPS enabled smartphone device with a minimum of 80 MB of memory and Android operating system version 4.4 or later.
3. How the App Service works
- The App works in the UK only. If you have access to the App as part of your o2 Drive insurance policy (a “Full Access User”), you must have a current o2 Drive insurance policy and comply with its terms as well as these terms. If you have access to the App as a guest (a “Guest Access User”) then you must comply with these 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 App collects data about the speed, acceleration, braking and time of day 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 entitled to turn off your location information at any point if you so wish. 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 App 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.
- The app will not track a particular vehicle but rather the app user. Your score will be based on the movements of the device on which you have the App installed. If you are travelling as a passenger in a vehicle and not the driver we suggest you exclude those journeys from your score.
Full Access Users can access Priority offers and offers just for O2 Drive customers. Offer details will be set out in the App, which shall also detail any eligibility criteria and offer terms. Priority terms apply. Access to Offers is not available for Guest Access Users.
5. 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 (and any badges earned) will not be saved. For O2 Drive Box on Board all journeys are automatically recorded.
If you breach these terms, 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. If you are a Guest Access User we will cancel your Guest Access registration.
6. Fuel Finder
Within the App, Full Access Users can view the location, brand and fuel prices for the closest 5 fuel stations from their current location, or else plan ahead by entering a future location. If searching by future location, Full Access Users can run up to 5 searches per 24 hour period.
Guest Access Users have restricted access to the Fuel Finder feature, and can view the location and brand of the 3 nearest fuel stations to their current location at that time.
For all Users, there is no restriction to how often searches are run by current location.
7. The information we collect and use
For all Users we will record your location and driving speeds and other behaviours. A breakdown summary of driving behaviours only shall be available within the App.
You can access your information via the App. Full Access Users can also access rewards points, journey history and car 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.
8. What we expect of you
In addition to your obligations specified in these App terms, you agree that you must not:
- Provide us with information that is false or inaccurate;
- Use the App or any App Service in a manner that is unlawful, harmful, or otherwise objectionable for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- Impersonate any person, falsely state or otherwise misrepresent your identity;
- Trace any information of any other O2 Drive app user for the purpose of obtaining information of any other O2 Drive app user;
- Attempt to override or circumvent any of the usage rules embedded into the O2 Drive app.
- Decompile or reverse engineer the O2 Drive app or otherwise attempt to create the source code from the O2 Drive app, 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 the O2 Drive app; or
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Services;
- Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any App Service;
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
If you wish to cancel use of the App 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 App Service (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, where applicable.
10. Car Assistant
Car Assistant is a Service available to customers who have a current O2 Drive policy only. It is provided by O2’s partner Book My Garage (BMG) owned by The Motorist’s Organisation Ltd, 1000 Lakeside, Portsmouth PO6 3EN (www.bookmygarage.com) who provide instant prices and bookings for servicing, MOTs and repairs at more than 8000 UK garages.
Car Assistant can provide access to over 8,000 garages giving you fixed prices and options for servicing, batteries, MOTs and general repairs to your vehicle.
Any charges for Car Assistant shall be quoted to you unless you have requested additional work and/or BMG has independently agreed with you charges for further work required. Additional charges may apply subject to your agreement with O2 Drive, or directly with BMG or your garage. Work on your vehicle that falls below your quoted price will be carried out without further consultation with you.
You can pay for Car Assistant by paying your garage directly when you collect your vehicle. 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 BMG 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 BMG can communicate with you.
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.
You are required to notify BMG in advance of using the Services if you have made any modifications to your vehicle. You must also notify O2 Drive of any modifications to your vehicle as this may impact your car insurance policy.
Information will be shared with the garages to the extent it is required to help the garage or BMG carry out the Services. Calls to BMG may be recorded for quality and training purposes.
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.
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 important terms
- We are not responsible for any losses or damages arising from an inability to access the O2 Drive Services.
- 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.
- 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.
- You agree that you have the necessary licences to drive and use the App 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.
- We may provide you with notices regarding O2 Drive, including changes to these App Terms, 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. Should you have difficulty using the app for whatever reason, insurance policyholders can contact O2 Drive Customer Services on 0330 018 0802. Guest users should contact firstname.lastname@example.org with their query.
- From time to time we may automatically update the App and change the App Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the App Services.
- 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.
- 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.