Buy-Out Upgrade Offer for Refresh Customers Terms and Conditions

These Terms and Conditions (“Terms”) govern this Offer. Claim and purchase instructions form part of the Terms which you will be deemed to have accepted if you participate. These Terms do not form part of your O2 Pay Monthly Mobile Agreement. Please read the following Terms carefully and keep a copy for your information.

The Offer

1. Eligible Customers who upgrade to a Qualifying Contract can get the Outstanding Balance on an eligible current O2 Refresh Device Plan (“Old Contract”) cleared (the “Offer”). The “Outstanding Balance” means payments or balance due on your Old Contract.
2. One Offer per Qualifying Contract only.
3. Once Eligible Customers have participated in the Offer their Old Contract will be cancelled and neither the Old Contract nor the airtime tariff attached to it can be re-instated. Any unused airtime allowances on tariffs attached to the Old Contract will be lost after an upgrade. This does not affect your statutory rights and you'll still have the right to change your mind about the Qualifying Contract as set out in the 'Change Your Mind' policy.

Eligibility & Participation

4. The Offer is only available upon invitation by the Promoter to O2 Refresh Pay Monthly customers on selected tariffs, who are within 3 months of the end of their Minimum Period and have an Outstanding Balance on their Old Contact (“Eligible Customers” or “you”).
5. To participate in the Offer you must upgrade to a Qualifying Contract.
6. A Qualifying Contract means new O2 Refresh contract purchased directly from O2, which consists of a Device Plan consumer credit agreement (see full terms at http://www.o2.co.uk/termsandconditions/mobile/o2-refresh-device-plan-cca-term-and-conditions together with an Airtime Plan that has a price that is of greater or equal to the Airtime Plan attached to the Old Contract, excluding any Bolt Ons or additional services, and before any other offer discounts have been applied.
7. You must purchase a Qualifying Contract in O2 retail stores (including franchise stores), online at o2.co.uk, through our O2 telesales team and MyO2.
8. Participation is subject to status and credit check.
9. For the avoidance of doubt, new contracts that are not on O2 Refresh do not qualify.

Other important terms

10. The Offer is personal to the Participant and cannot be transferred, unless otherwise permitted by the Promoter. The Offer cannot be exchanged for cash or other alternatives.
11. Responsibility is not accepted for Qualifying Contract applications that are damaged, lost, or delayed as a result of any computer hardware, network or software failure of any kind which may result in you being unable to participate in the Offer.
12. If you decide to cancel your Qualifying Contract, you are not entitled to refund on your Outstanding Balance, nor will you be able to go back onto your old tariff.
13. If you cancel either your Old Contract or your Qualifying Contract, you'll still be responsible for any usage charges you've incurred. Please see the Pay Monthly Service Terms that come with your respective contract for more details.
14. This Offer cannot be used in conjunction with any other early upgrade offers or discounts for which you may also be eligible.
15. O2 may withdraw or amend the Terms of this Offer at any time, details of which will be posted on o2.co.uk. Please check o2.co.uk for up-to-date information.
16. O2 will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Offer or accepting the Offer, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
17. By participating in the Offer, all Participants will be deemed to have accepted and be bound by the Terms. These Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
18. 20. These terms and conditions shall be governed by English law and the English courts shall have exclusive jurisdiction.

PROMOTER: Telefónica UK Limited, 500 Brook Drive, Reading, Berkshire, RG2 6UU, United Kingdom