Terms of Service
How to connect to O2 Wifi
If anything's unclear, contact us at firstname.lastname@example.org or before accepting the Terms or using the Service.
If you're already an O2 customer then these Terms are in addition to the terms of the other services that you already take from O2.
Using the Service
- O2 Wifi is a free service. Because of this, we retain the right to change the Terms at any time. If we are going to make changes to the Terms or the Service to your significant disadvantage, we will try to give you notice of the changes before they take place. For changes that we need to make in a hurry (for instance, to meet legal and regulatory requirements) we may not be able to give you advance notice. In this case we will try to notify you as soon as we can. We may charge for certain elements of the service in the future. If we do intend to charge for any part of the Service, we'll let you know well in advance.
- Any changes we do make will be posted on our website. We may also give you notice in writing, by text to your nominated mobile phone number, and/or by email where you have supplied your email address to us for this purpose (you can see when the Terms were last changed by checking the "Last Updated" date at the bottom). Your continued use of the Service following the updating of the Terms indicates you accept those changes. As there is no minimum subscription period for the Service, if you do not like any changes that we make then you will be free to stop using the Service.
- The Service is only available in the UK to users who register with a UK mobile phone number.
Joining and leaving the Service
- To subscribe to the Service you must complete the registration process. Please make sure that your registration details are correct, we will use them to contact you about the service and with relevant marketing materials.
- You can discontinue using the service at any time. You can also cancel your subscription at any time by contacting us at email@example.com.
- We may terminate or suspend your subscription to the Service without giving you advance notice if:
- you have not used the Service for more than 6 consecutive months;
- you use more than the monthly data usage allowance for the Service which is set out in the Fair Usage Policy from time to time;
- we reasonably believe that you or others (whether under your control or not) are misusing the Service including but not limited to making use of the Service for illegal purposes;
- you otherwise breach these Terms (including our Fair Usage Policy);
- you're persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or our property or that of our agents;
- we're told to do so by the Government or other lawful regulatory authority or the emergency services;
- you allow anything to happen through the Service which in our reasonable opinion may have the effect of jeopardising the operation of the Service, or the Service are being used in a manner which is against your best interest, the best interests of other customers and/or us; or
- we're no longer able to provide you with the Service.
The Service and what you can expect from us
- O2 Wifi is a wireless LAN data service which allows you to access data services while you're near one of our [hotspots].
- If you're within an appropriate distance of one of our hotspots (usually no more than 25 metres), you can connect to the Service using your compatible phone or computer device ("Equipment"). The Equipment must be able to use wireless LAN (IEEE 802.11b or later). If you don't have compatible Equipment then the Service will not work for you. You may only have five different pieces of Equipment registered to use the Service at any time.
- The Service is intended for e-mail, instant messaging, browsing the internet, using apps and accessing corporate intranets.
- The service may be subject to content filters which either prohibit or require age verification to access content on the internet which we may classify is suitable for over 18s only. We will use our discretion to determine what is or isn't adult content. If you do not agree with our classification you can contact us at firstname.lastname@example.org to raise concerns or obtain more information. Ultimately though, if you don’t agree with our classification then you are free to stop using the service at any time. The availability of content on the internet may vary from hotspot to hotspot.
- The Service is available at hotspots in locations around the UK. You should be able to use the Service at most hotspots. You may not be able to access it from all of them if certain venue operators have put restrictions on the Service.
- We'll do our best to provide uninterrupted access to the Service and whenever we can we'll let you know in advance if there's going to be any maintenance or other suspension of the Service on our website. But we may have to modify or temporarily suspend the Service or any part of it without giving you notice for emergency technical repairs.
- We cannot be, and are not, responsible for the security of your information which includes without limitation data you transmit on the Service, nor are we responsible for the accuracy, completeness or timeliness of any information obtained through the Service from the Internet.
What we expect of you
- You agree that you and other people using the Service via your account will use the Service in line with the Terms, including that you will:
- promise that the information you've given us about you is correct and to let us know if any of that information changes email@example.com. Your location information may be given to Emergency Service in the event of an emergency, so please keep it up to date;
- make sure that your Equipment complies with all applicable laws and standards. You must make sure that you have any necessary licences before you use it to connect to our network and make sure that your Equipment is compatible;
- not use the Service for unlawful or illegal purposes;
- comply with the terms of the Fair Usage Policy and make sure that any others using the Service through your account comply with the Fair Usage Policy too;
- keep your security information confidential and secure. Don't make it available to unauthorised people. You'll tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Service through your account;
- indemnify us against all losses, liabilities, costs (including legal costs) and expenses which we may incur as a result of any third-party claims against us arising from, or in connection with, your misuse of the Service or breach of these Terms; and
- take whatever steps you consider necessary to back-up and protect any data on your IT systems. Including taking additional measures over and above any measures included with our Service to protect your IT systems from viruses, trojans, malware and other threats to your property.
Our liability to you
- Nothing in this Agreement shall restrict or exclude either party's liability for fraud or for death or personal injury caused by it or its employees' or agents' negligence, nor for any other liability which cannot be excluded or limited by law.
- Except as expressly set out in the Terms, we are not liable to pay damages for use of the Service or any losses caused by failures, errors, delays or interruptions relating to the Service, including as a result of any failure to supply the Service because we are prevented by events outside our reasonable control.
- We are not liable to pay damages if anyone else, other than you or us with your permission:
- gains access to your connection to the Service or your Equipment; or
- gains access to, destroys or distorts any data or information held by you or about you by us.
- We are not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to those goods or services is through our network.
- Except for the requirement for you to pay all Charges owing to us under this contract each party's total liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed 100% of the Charges due in that calendar year.
- In the case of Business customers, except for the requirement for you to pay any charges owing to us under these terms each party's total liability to the other party with respect to this Service for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed the greater of: (i) ¬£10,000; or (ii) 100% of any charges due in that calendar year.
- We have no liability other than any resulting from the duty to exercise the reasonable skill and care of a competent telecommunications service provider. We do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when these Terms were accepted by you), or any other form of economic loss.
- You shall at all times be under a duty to mitigate any losses suffered by you.
- Each provision of this "Our liability to you" section operates separately. If any part is found by a Court to be unreasonable or inapplicable, the other parts will continue to apply.
How we use your information
- From time to time, we may (without notice to you) review, record or check your use of the Service where we are required to do so to make sure you are complying with any laws or regulations, or where ordered to do so by any court or other body or authority with the power to require such monitoring, or for our own internal purposes to make sure you are complying with the Terms.
Is there anything else?
- If you have a complaint about our Service you may contact us firstname.lastname@example.org. For full details of our complaints process please see our 'Complaints Code' on o2.co.uk/support. If you are still unhappy, you can write for an impartial review to: Complaint Review Service, PO Box 116, Leeds, LS11 5DS. Please include your mobile phone number in any correspondence. If we do not resolve your complaint, you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk. However, Otelo will only deal with your complaint if it remains unresolved after 8 weeks or a deadlock situation has been reached.
- We may assign your contract or any Service we provide to you on the same terms to any third party. You may not assign this contract or the benefit of any Service we provide to you unless we agree in writing.
- Any failure or delay by us in exercising or enforcing any rights or benefits granted by the Terms will not be deemed to be a waiver of any such right or benefit; nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.
- Each provision of these Terms is to be construed as a separate provision applying and surviving even if one or more of the other provisions of the particular clause is held inapplicable or unreasonable.
- These Terms shall be governed and construed under English law and you and we submit to the non-exclusive jurisdiction of the English courts.
- These Terms set out the entire agreement between you and us relating our supply of the Service to you (including all intended rights and obligations) and supersedes any and all previous agreements and understandings between you and us with respect this specific Service.
- Any notice or other communication required or permitted under this Agreement shall be given in writing to the following address:
- in the case of notices served on O2 to O2 Wifi Customer Service, at Skypark 4, 8 Elliott Place, Glasgow, G3 8EP; and
- in the case of notices served on you, to you at the address given when signing up for the Service; or
- such other address as either party shall give notice to the other party from time to time.
- Notices will be deemed to have been given or made: when delivered personally; or, if properly addressed and posted by first class mail in the United Kingdom within two business days of posting; or, if sent by facsimile upon being sent; or, if sent by email or other electronic means upon such communication being acknowledged as having been received.
Telefónica UK Limited, 260 Bath Road, Slough, Berkshire SL1 4DX
Registered in England and Wales No.1743099. Registered Office as above.
© Telefónica UK Limited 2011. (January 2011)
O2 Wifi Fair Usage Policy
The following Policy relates to your use of our O2 Wifi Service only. It is designed to make sure we can give you a Service that is great value, fast and reliable.
You must make sure that any use of the Service, by yourself or anyone else via your account, complies with this Policy. If you (or anyone else using the Service via your account) breach this Policy, we may:
- give you a notice to stop or moderate the unacceptable use(s); or
- terminate or suspend your Service, with or without notice as we consider appropriate, under the Terms.
This Policy is in addition to the Terms and Conditions for O2 Wifi and is part of the Terms for that Service. Anything which is not defined in this Policy will have the meaning set out in the Terms. If there's any inconsistency between the Policy and the Terms, the Policy will prevail.
What you must not do
- You must not use the Service for:
- unlawful, fraudulent, criminal or otherwise illegal activities;
- sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
- commercial purposes, unless:
(i) you are working from home as a sole trader in business on your own account; or,
(ii) you are a Business Customer and you use the service only in the ordinary course of your business; and provided that in either case, any such use of the Service is always subject to paragraph (j) below:
- sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters, except if you are working from home as a sole trader in business on your own account or you are a Business Customer and in either case you are permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations 2003;
- knowingly or negligently creating, transmitting, storing, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by us or any other Internet user or person;
- activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person;
- activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
- anything that may disrupt or interfere with our network or Service or cause a host or the network to crash;
- launching 'denial of service' attacks; 'mailbombing' attacks; or 'flooding' attacks against a host or network;
- granting access to the Service to others not located at or within the vicinity of the premises at which the Service is connected, or, in any way reselling or re-providing the Service to third parties;
- making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments;
- circumventing the user authentication or security process of a host or network.
What about security?
- You're responsible for ensuring that security information remains confidential, so that the network cannot be used by any unauthorised person.
- The security information includes, but is not limited to, information controlling access to:
- any equipment, computer hardware systems or networks;
- any computer software or applications; or
- any other services accessed by you in the use of either of the above.
- You shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.
- You're responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.
- If you share access with others (for example, your neighbours) any downloads they make will be counted as your use and count towards any monthly download allowance or excessive usage.
What about usage by kids, employees and anyone else without you knowing?
- You're responsible for all use of the Service through your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that we are not responsible for any of your activities in using the network.
- It's your responsibility to determine whether any of the content accessed via the Service is appropriate for children or anyone else in your household or office to view or use. There is guidance on our Website about how to protect children from unsuitable content.
What about monthly allowances?
- There's a 10GB monthly usage allowance. If you use more than 10GB in any month, we may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity don't immediately decrease after the warning, we may reduce the quality of your Service for the rest of that month or permanently, suspend or terminate your Service.
Telefónica UK Limited, 260 Bath Road, Slough, Berkshire SL1 4DX
Registered in England and Wales No.1743099. Registered Office as above.
© Telefónica UK Limited 2011. (January 2011)