on 23-01-2011 11:51 - last edited on 16-06-2012 17:01 by Admin
PLease find below the terms and Cond, can you please point out exactly where this IS?
. Explanation of Certain Words 1.1. In this Agreement: "Additional Services" means optional services which you may chose to take from us, including but not limited to, Bolt Ons packages, roaming and international services, premium rate services, directory enquiry services, Content and third party services and if you are a Business Customer services such as installation and field services details of which appear on the O2 Price List;
"Agreement" means this agreement incorporating your application details which you have provided to us, these terms and conditions and the current O2 Price List;
"AIT" means Artificially Inflated Traffic and occurs where the flow of calls to any particular revenue share service is, as a result of any activity on or behalf of the party operating that revenue share service, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the Network;
"Business Customer" means a customer who connects to the Service for business use;
"Charges" means all the charges associated with the Service described in the O2 Price List and the price of any Mobile Phone or ancillary equipment you buy from us;
"Consumer Customer" means a customer who connects to the Service for their own personal private use and not for business use;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time;
"CPW" means such member (or members) of The Carphone Warehouse Group plc (registered no. 3253714) group of companies, of 1 Portal Way, London W3 6RS as is (or are), for the time being performing the obligations under this Agreement and/or where the context requires, acting as our agent until further notice by us;
"Disconnection Notice" means a notice to disconnect one or more SIM Cards from the Services given pursuant to clause 9.8;
"End-User Licensed Software" means any software, the licence terms for which are governed by a separate agreement with the licensor of such software typically by means of a "click- wrap" or "shrinkwrap" licence agreement;
"Equipment" means any equipment supplied to you under this agreement by O2, including for the avoidance of doubt your Mobile Phone;
"GSM Gateway" means a device (not designed or adapted to be capable of being used whilst in motion) for wireless telegraphy designed or adapted to be connected by wireless telegraphy to the Network or the wireless telecommunications system of another network operator and used solely for the purpose of sending and receiving messages conveyed by means of the Network or the wireless telecommunications system of another network operator;
"IMEI" means International Mobile Equipment Identifier (a 15 digit number that uniquely identifies, and is situated on the back of, your Mobile Phone or is obtainable by dialling ‘*#06#’);
"Line Rental Charges" means the monthly subscription charge for your calling plan per SIM Card;
"Minimum Period" in respect of the Service means a period of 12, 18 or 24 months (as the case may be) or any other period agreed in writing between us from the day on which Service is first provided or from the day on which you take an upgrade;
"Mobile Phone" means a cellular telephone or other device provided by CPW and recommended by us for use on the Network which incorporates a SIM Card;
"Network" means the mobile telecommunication system run by O2;
"O2" means O2 (UK) Limited of 260 Bath Road, Slough SL1 4DX;
"O2 Price List" means a list of current Charges containing explanations, notes, descriptions of, and conditions for use of the Service which we publish and update from time to time at Link: http://www.O2.co.uk;
"Online billing" means the method by which we may provide customer services and send your bill to your nominated email account if you ask us and we agree to do so;
"Order" means for Business Customers only a request by you for Equipment or Service;
"Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
"Service" means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive e-mail via the Internet, the ability to access information from the Internet and any Additional Services we agree to provide to you;
"SIM Card" means the card which you need to use the Service. The SIM card is network specific and is the memory which sits within the Mobile Phone and allows user access to the Network;
"Termination Notice" means written notice to terminate this Agreement;
"User Guides" means any guides or documentation supplied with your Mobile Phone by us, CPW or by the manufacturer of your Mobile Phone which explains to you how the Service works and how to use your Mobile Phone;
"WAP Services" means services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld devices such as a Mobile Phone;
"Web Services" means services provided from our Website http://www.o2.co.uk and any additional websites linked from our Website;
"We", "us" and "our" means O2 (UK) Limited of 260 Bath Road, Slough SL1 4DX registered in England under company number 1743099 and/or as the context requires our agent CPW; and "You" means the customer with whom we and CPW make this Agreement with and it includes a person who we reasonably believe is acting with your authority. 1.2 The O2 Price List contains explanations, definitions, notes and conditions which form part of this Agreement. Copies can be obtained by calling 0870 111 7200 or, if you have on line billing, by emailing O2CS@cpw.co.uk. 1.3 All services, offers and promotions are subject to additional terms and conditions advertised on our website http://www.o2.co.uk and/or in our marketing literature. Please check our site regularly as these terms are updated from time to time. 1.4Use of WAP Services,Web Services and i-mode services (if any) are subject to our WAP, Web Services and i-mode terms and conditions respectively, available to view on our Website. Please check our Website regularly as these terms and conditions are changed from time to time.
2. Provision of and Use of the Service
2.1. The Service, which may be administered by CPW, is not available in all parts of the United Kingdom nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.
2.2. If you wish to make international calls or use our international roaming service we may ask you to demonstrate a satisfactory billing history or to pay a non-interest bearing deposit which may be used to offset the cost of those calls. Unless otherwise stated, if you use your Mobile Phone abroad you will be charged for incoming calls. Roaming calls may also take longer to be billed and you will still be liable for call charges you incur when roaming.
2.3. We may, using reasonable skill and care, exercise our discretion to refuse to provide any part of the Service to you (other than the making or receiving of calls). Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of the Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.
2.4. We will do our best to provide the Service and any Additional Service requested by you (such as roaming) or if you otherwise instruct us to change your Service (e.g. to bar calls), by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control.
2.5. When your Mobile Phone is connected, it may have been programmed so that you may be barred from using overseas networks and from making international calls or premium rate calls. If you want to have your mobile phone unbarred, then you should call CPW on 0870 111 7200. It may be agreed to remove this bar after making credit checks and CPW may ask you to pay a non-interest bearing deposit as security against any monies you may owe in the future. You will be charged at international rates for both sending and receiving calls, MMS and SMS when abroad and these are not covered in any inclusive bundle.
2.6. We will allocate a number for use of your Mobile Phone on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request from 0870 111 7200.
2.7. We or our agents may occasionally record or monitor some telephone calls, emails and any other communications between you and us (or our agents) for training and quality control and our lawful business purposes.
2.8. We will use reasonable endeavours to maintain the Content but it may be incomplete, out of date or inaccurate and is provided on an ‘as is’ basis. It is a condition of us allowing you access to the Content that you accept that neither we nor CPW will be liable for any action you take in reliance on the Content.
2.9. We may vary the Content or the technical specification of the Service from time to time.
2.10. The Service enables access to the Content. You may only use the Content in a way that does not infringe the Rights of others (‘Approved Use’) and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of the Content for your personal use only.
2.11. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services except in the case of negligence on our part.
2.12. If you choose on-line billing it is a condition of this Agreement that you provide us with a current email address for billing purposes and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
2.13. We reserve the right to add to, substitute, or to discontinue any Additional Services at any time. We do not guarantee the continuing availability of any particular Additional Services.
3. Length of Agreement
3.1. Our agreement to supply the Service to you commences following acceptance of your application by us on the day on which you are connected to the Network and continues for the Minimum Period and thereafter. It can be brought to an end on or at any time after the expiry of the Minimum Period under the provisions of Clause 8.
3.2. At the end of the Minimum Period, this Agreement will continue until you cancel it under paragraph 8.2, or as otherwise provided in Clause 8.
3.3. If you upgrade your Mobile Phone you agree that an extended Minimum Period will apply.
4. Things we may have to do
4.1. Occasionally we may have to:
4.1.1. alter the number of your Mobile Phone, or any other name, code or number associated with the Service for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Service and if this is the case we will give you reasonable notice;
4.1.2. temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security; or
4.1.3. bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
4.2. From time to time we may have to migrate your Account from one billing platform to another. In these circumstances we will notify you if migration of your Account will affect the Service in any way.
5. Charges for Service
5.1. Charges for using the Service will be calculated using the details we have recorded. More detailed charging information can be found in the O2 Price List which is available from us upon request by calling 0870 111 7200 or writing to us c/o CPW at the above address.
5.2. Unless you have itemised billing the total amount for all Charges will be included as a single item on your bill.
5.3. You must pay your monthly bill by the date stated on the bill. For any overdue payments we may charge interest at 2% above the base lending rate of HSBC Bank Plc. Interest is charged on a per annum basis, calculated daily. We reserve the right to make a charge for our reasonable administration costs which we incur in the case of late payment or non-payment of Charges.
5.4. We cannot set usage limits on your account and you will be liable for all Charges incurred by use of your Mobile Phone. We will monitor usage of the Service via your account for the purpose of controlling our credit risk and your exposure to fraudulent usage. If usage on your account gives us cause for concern we will attempt to contact you by text message or by calling your Mobile Phone. If we are unable to contact you we may have to restrict service on your Mobile Phone and/or we will have the right to bar your Mobile Phone. You will need to contact us before you can use any of the chargeable aspects of the Service. You may be required to make an interim payment before Service can be reinstated.
5.5. Subject to the provisions of Clause 8.5, you are liable for all Charges arising under this Agreement whether incurred by you or anyone else using you Mobile Phone (with or without your knowledge). You must pay such Charges to us or as we direct.
5.6.We require you to pay your Charges by direct debit. An additional charge may apply if you pay by another method. If you are paying by payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and agents, details about your payment card account in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time. We are entitled to charge you for any costs which we incur as a result of any non-payment or failure of your direct debit instruction together with any administration costs which arise as a result of us dealing with such non-payment or failure to pay. Details of our current Charges are available by contacting CPW Customer Services on 0870 111 7200 and are also available on our website at http://www.carphonewarehouse.com.
5.7. Where a Mobile Phone is restricted to use on the Network we reserve the right to apply a charge for releasing or unlocking the Mobile Phone. Details of this charge are available by calling CPW Customer Services on 0870 111 7200.
5.8. Where tariffs include inclusive allowances which apply to certain calls, texts, data or messages ("Inclusive Calls") up to a monthly limit, unused inclusive allowances cannot be carried forward from one month to the next unless expressly stated by us. In this context "monthly" or "month" means your monthly billing period, which may not equate to a calendar month. Generally, calls, data and messaging will be set against applicable inclusive allowances in the order in which they are recorded by us. Certain types of calls, such as Roaming calls may take longer to be billed.
5.9. Unless otherwise stated, monthly charges incurred and inclusive minutes allowed for periods of less than a month will be calculated on a pro rata basis.
5.10. Call charging rates which vary according to the time of day are billed according to the time of call initiation.
5.11. Unless otherwise stated, call prices are quoted by the minute, include VAT and are charged in one second increments. Each call is charged excluding VAT and then rounded up to the nearest penny. VAT is then added where applicable to the total of all Charges on your bill. Minimum charges apply and are taken into account in the calculation of your inclusive allowance see http://www.carphonewarehouse.com for further details and other charges. Prices are correct at time of going to print but are subject to change. You may be charged to receive certain premium rated text messaging services and multi - media messaging services.
5.12. We may require you to provide us with a deposit as a condition of providing the Service to you or continuing to provide the Service to you. We will hold this deposit until you have paid all sums due to us from you under this Agreement. No interest is payable on any deposit held by us. We will return the deposit or any balance on the deposit as a service credit, if there are any sums due to us from you, on termination of this Agreement.
5.13. If you are a Consumer Customer, you may not move to a tariff which offers a lower rate monthly subscription within 9 months of connecting to the Network or upgrading (or within any other period agreed in writing) unless you pay us the difference between the monthly subscription on your original tariff and the lower tariff we agree that you may move to. Where we agree that you can change tariffs, unless we advise otherwise, your new tariff will commence at the start of your next billing cycle.
5.14. If you change tariffs for any reason, e.g. when upgrading or moving to a promotional offer unused allowances will be lost.
6. Your Responsibilities
6.1. You must use your Mobile Phone, SIM Card and the Service in the way described in the User Guides or other instructions issued by us.
6.2. You agree:
6.2.1. to provide us with such information as we reasonably request in connection with this Agreement and that all factual information you provide to us is correct;
6.2.2. to take adequate precautions to prevent damage to or unauthorised use or theft of the SIM Card and your Mobile Phone;
6.2.3. that the SIM Card shall at all times remain our property; and;
6.2.4. to inform CPW customer services as soon as possible by telephone 0870 111 7200 if the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
6.3. If the SIM Card or your Mobile Phone is lost, stolen, damaged, destroyed or used in an unauthorised manner you will be responsible for any Charges incurred until you have informed us.
6.4. You must not use or permit any other person to use, and if you are a Business Customer ensure that your employees fo not use, the Service
6.4.1. fraudulently, in connection with a criminal offence or in breach of any law or statutory duty;
6.4.2. to send a call or message, send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any Rights or privacy or otherwise unlawful;
6.4.3. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
6.4.4. to generate AIT; or
6.4.5. via a GSM Gateway so that the Service is provided via the GSM Gateway to third parties.
6.5. You must tell O2 and CPW immediately by advising O2 Customer Services at The Carphone Warehouse Limited, 1 Portal Way, London W3 6RS if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
6.6. We strongly recommend that you insure your Mobile Phone for its replacement value (including cover against calls made if it is lost or stolen). If your Mobile Phone is lost, stolen, destroyed or used in an unauthorised manner please contact us or CPW immediately so that we or CPW can prevent further calls being made from it. You will be responsible for any charges incurred until you have informed O2 or CPW and you will be liable for the monthly (or other periodic) line rental charges thereafter until this Agreement has ended as described in Clause 11.4.
6.7. You agree that you are procuring the SIM Cards, Mobile Phone and Service solely for your own use and that you will not resell or otherwise act as any form of distributor in respect of the SIM Card, the Mobile Phone or the Services.
7. Our Rights to Bar or Disconnect Your Mobile Phone
7.1. We can, at our discretion and without notice, bar your Mobile Phone from making calls (other than to the emergency services) and disconnect it from the Network:
7.1.1. if any of the circumstances in Clauses 8.1 or 6.4. apply to you;
7.1.2. in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment card, your SIM Card or Mobile Phone; or
7.1.3. you are persistently abusive or make threats or otherwise act illegally towards our staff or our property.
7.2. You must pay an unbarring charge and, if applicable, a re-connection charge if the Service is temporarily barred and/or your Mobile Phone is disconnected from the Network for the reasons stated in Clause 7.1. As a condition of unbarring or reconnecting your Service we may require you to authorise a direct debit authority for the payment of Charges.
7.3. If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges (including those payable under clause 11.4) until the Agreement is ended under Clause 8.2 or 11.3.
8. Ending the Agreement
8.1. In addition to anything else we can do, we can end the Agreement at any time if:
8.1.1. you fail to pay Charges when they are due, including any deposit we have asked for or break this Agreement in any other material way;
8.1.2. we have reasonable cause to believe that the Service is being used in a way forbidden by paragraph 6.4, even if you do not know that the Service is being used in such a way; and you do not correct the situation within 7 days of our request; or
8.1.3. you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or if, being a company, you go into either voluntary or compulsory liquidation or a Receiver is appointed over your assets.
8.2. This Agreement may be ended either by you or us giving at least 30 days’ written notice to the other You must pay all Charges incurred during the Agreement..
8.3. If you would like to discuss ending your Agreement, please call Customer Services on 0870 111 7200 and we will advise you of the relevant disconnection procedure. You must pay all Charges incurred during the Agreement. 8.4. If this Agreement is ended during the Minimum Period, you must pay the monthly subscription charges up to the end of the Minimum Period. This does not apply if you end the Agreement for the reasons in Clause 11.5.
8.5. You may end this Agreement at any time by writing to CPW at the above address to give notice if:
8.5.1. we break this Agreement in any material way and we do not correct the situation within 7 days of receipt of your written request;
8.5.2. we go into liquidation or a Receiver is appointed over our assets; or
8.5.3. if you are a Consumer Customer we increase Charges calls, messages or data that form part of your inclusive allowance or your Line Rental Charges or change this Agreement to your significant disadvantage, provided you give us a minimum of 30 days written notice (and provided you notify us within one month of our telling you about the changes). This does not apply where the increase or change relates solely to Additional Services in which case you may cancel, or stop using, that Additional Service. In the situation described in 8.5 above clause 8.4 will not apply.
8.6. Unless you have ended this Agreement for any of the reasons set out in Clause 11.5, if you enter this Agreement and subsequently move onto a lower tariff or fail to fulfil your payment obligations during the Minimum Period, or you end this Agreement for any reason within 9 months and the relevant tariff includes a subsidised handset, you must in addition to paying any other Charges either:
8.6.1. return the Mobile Phone to CPW by sending it special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, West Midlands, WS10 7JN by the end of your 30 day notice period; or,
8.6.2. keep the Mobile Phone, in which case you agree to pay CPW the handset-only retail price (up to £400) being the purchase price (the "Purchase Price") of the Mobile Phone and you hereby authorise CPW to take the relevant Purchase Price from your nominated credit or debit card or through such other means as CPW may require in the event that the Mobile Phone is not returned in accordance with clause 8.6.1 above.
9. If you are a Business Customer these terms also apply to you, but these do not apply to Consumer Customers:
9.1. We agree, subject to acceptance by us of an Order, to supply you with the Services and Equipment requested in your Order subject to the terms and conditions of this Agreement, and payment of the Charges. Any alternative terms appearing on or referred to in any other communication, (whether oral, in writing or by electronic means) by you for the purpose of placing Orders shall be ineffective.
a) Unless otherwise stated, we warrant the Equipment will conform in all material respects to the manufacturer’s specification for 12 months (but in the case of software 90 days) from the date on which each item of Equipment is dispatched to you (the "Warranty Period").
b) If, within the Warranty Period, the Equipment proves defective under normal use, we shall, at our option, either: repair or replace the faulty Equipment with the same or an equivalent new or refurbished item of Equipment or refund the Charges in respect of the defective or faulty Equipment.("Warranty") If the Equipment is provided to replace Equipment which has failed during its Warranty Period, the replacement Equipment will be provided with its own Warranty Period which shall last for the greater of:
i) 3 months from the date on which the replacement Equipment is dispatched to the Customer; or
ii) the outstanding period of the original Warranty Period.
c) The Warranty does not apply if you or anyone else (with or without your knowledge) damages the Equipment, or uses it for a purpose or in a context, other than in accordance with O2’s or the manufacturer’s instructions and advice.
d) Your acceptance of the Equipment shall take place when you take delivery or possession of the Equipment. Risk in the Equipment passes to you upon delivery.
e) Where a Mobile Phone is provided to you then notwithstanding delivery and acceptance, title in the Mobile Phone shall not pass to you and following any upgrade or disconnection we reserve the right to request the safe return of your Mobile Phone to us at your expense.
f) We reserve the right to add to, substitute, or to discontinue any item of Equipment at any time and cannot guarantee the continuing availability of any particular Equipment.
9.3. You agree to pay the Charges in full without any deduction or set off to us within 30 days from date of invoice for such Charges.
9.4. Certain elements of the Service are dependent on you having suitable infrastructure available and/or using an appropriate device. If you are unable to provide suitable infrastructure, or fail to use an appropriate device, then:
(a) some of the Services may not function correctly ("the Affected Services"); and
(b) O2 reserves the right not to provide you with the Affected Services and shall have no liability for your inability to receive the Affected Services.
9.5. The Minimum Period applies in respect of each SIM Card. During the Minimum Period, unless otherwise agreed in writing by us you may not change tariffs from the tariff that you originally connected to under this Agreement.
9.6. You may establish, install or use a GSM Gateway for your own private purposes only, provided that you adhere at all times to O2’s policies in respect of the use of private GSM Gateways.
9.7. You agree that the Services may be dependent upon End-User Licensed Software. Those licence terms shall exclusively comprise your sole rights and remedies in respect of such End-User Licensed Software. If you do not accept the licence terms relating to any End-User Licensed Software, we shall have no liability whatsoever for any failure to provide the Services to you.
9.8. A Disconnection Notice may be given by you in respect of a SIM Card at any time. We will disconnect the relevant SIM Card(s) from the Service within 30 days from receipt of a Disconnection Notice. If you give a Disconnection Notice to take effect prior to the expiry of the Minimum Period, you will pay to us the standard O2 Price List Line Rental Charges (as stated in the O2 Price List at the date of disconnection which are applicable to the tariff to which the SIM Card was connected prior to disconnection) for the period from the date of disconnection of a SIM Card to the end of the Minimum Period in respect of that SIM Card.
9.9. If we increase the Charges to your material disadvantage or we substantially vary these terms to your material disadvantage (other than where such increases in Charges are due to a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body) and provided you notify us within one month of our telling you about the changes you may terminate this Agreement provided you give us a minimum of 30 days written notice.
9.10. Delivery of the Equipment or the End-User Licensed Software to you may be subject to export control law and regulations. O2 does not represent that any necessary approvals and licences have been obtained or will be granted. You agree to comply with any applicable export or re-export laws, regulations, prohibitions or embargoes of any country, including obtaining written authority from any relevant licensing authority where necessary.
9.11. Nothing in this Agreement shall create, or be deemed to create, a partnership between the parties.
9.12. The express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
9.13. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, proposals, understandings and agreements whether written or oral relating to the subject matter of this Agreement.
9.14. Each party acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.
9.15. If any of the provisions of this Agreement is or becomes invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired. In any such circumstances the parties shall negotiate in good faith in order to agree the terms of a mutual satisfactory provision, achieving as nearly as possible the same commercial effect, to be substituted for the provision which is found to be invalid, illegal or unenforceable.
9.16. The parties will each keep confidential any proprietary information and/or any information obtained from the other in connection with this Agreement (which is reasonably identified by either party as commercially confidential or which is obviously confidential in nature and neither will divulge the same to any third party except such of its employees contractors and agents as may need to know the same for the purposes of the implementation of this Agreement and who agree to be bound by the provisions of this clause without the consent in writing of the other.
9.17. The obligations set out in clause 9.16 shall not apply to any material or information which is in the public domain (other than as a result of a breach of this Agreement); or, already known to the receiving party; or, lawfully received from a third party and/or ordered to be disclosed by any court or other tribunal or regulatory authority of competent jurisdiction.
9.18. Neither party shall be liable to the other in respect of any matter arising out of or in connection with this Agreement in contract or tort or otherwise for any loss (whether direct or indirect) of profit, business, revenue, anticipated savings, goodwill or any loss or corruption of data, or any indirect or consequential loss or damage whatsoever.
10. Limitation of Liability
10.1. Neither we nor CPW have any liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider or retailer, as the case may be. If you are a Consumer Customer we and CPW 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 this contract was entered into) or any other form of economic loss.
10.2. You agree O2 has no responsibility for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
10.3. Nothing in this Agreement shall exclude or restrict the liability of either party for:
(a)death or personal injury resulting from that party’s negligence or
(b) fraud or fraudulent misrepresentation..
10.4. If we or CPW are found liable to you our liability will not exceed
(i) where you are a Consumer Customer £3,000 or
(ii) where you are a Business Customer the greater of £50,000 or your annual Charges up to a maximum of £1million; except under paragraph 10.3 and CPW’s liability will not exceed the amount actually received by CPW from you in respect of the purchase of your Mobile Phone.
10.5. Nothing in this Agreement shall exclude or restrict the liability of either party in respect of any liability which cannot be excluded or restricted by law.
10.6. Each provision of this paragraph 10 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.
11. Matters beyond our reasonable control Except for the obligations under paragraphs 5, 6, 7 and 8, if either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, epidemics, explosion, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of persons for whom we are not responsible (including other telecommunication service providers), or acts of local or central Government or other competent authorities, we will not be liable for this.
12. Changes to the Agreement
12.1. We may change this Agreement and the Charges at any time. If we increase our Charges for the elements of the Service you are using or change the terms and conditions of this Agreement to your significant disadvantage (in our reasonable opinion), we will give you 30 days’ notice in writing before the change takes place. We will notify you as detailed in clause clause 16.7 below or we may notify you by text (SMS) to your Mobile Phone number and/or by email where you have supplied your email address to us for this purpose.
12.2. Changes to the Charges will be posted on our website http://www.o2.co.uk. Please check this regularly for updates. We will not notify you of call charges for premium rate services operated by third parties. Details of these charges and any changes will be available on our website (http://www.o2.co.uk/premiumnumerpricing). Please check these before calling premium rate numbers.
12.3. Changes to the terms and conditions of this Agreement will be posted on our website at http://www.carphonewarehouse.com. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.
13.1. You cannot transfer the Service to anyone else unless we agree in writing.
13.2. We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it on the same terms to any third party.
14. Use and Disclosure of Information
14.1. You agree that we and CPW may search the files of credit reference agencies which will keep a record of that search. We and CPW may also carry out identity and anti-fraud checks with fraud prevention agencies. If you give us or CPW false or inaccurate information or we or CPW suspect fraud, we or CPW will record this. Details of how you conduct your account may also be disclosed to those agencies and other telecommunications companies. The information may be used by us and CPW and any of our group companies and other parties in assessing applications for and making decisions about credit, credit related services and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and CPW and other parties for checking your identity, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We and CPW may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us and/or CPW.
14.2. Information held about you by credit reference agencies may be linked to records relating to your financial associate(s). For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this clause a "financial associate" is someone with whom you have a financial link, for example, a spouse, partner or family member.
14.3. You authorise us and CPW to use and disclose, in the UK and abroad, information about you and your use of the Service (including, but not limited to, phone numbers and/or email addresses of calls, texts and other communications "Communications" made and received by you and the date, duration, time and cost of such Communications), how you conduct your account and the local of your Mobile Phone for the purposes of operating your account and providing you with the Service for credit control purposes, fraud and crime detection and prevention and the investigation and prevention of civil offences or as required for reasons of national security or as required by law or to our and CPW’s associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us and CPW. We may also use your information for the purpose of testing our internal systems and developing new products and services. You can obtain further details from our and/or CPW’s public registration held by the Information Commissioner. If you wish to have details of the credit reference or the fraud prevention agencies from whom we and CPW obtain and with whom we and CPW record information about you or receive a copy (we or CPW will charge a fee) of the information we or CPW hold about you, please contact us and CPW by writing to the Data Controller at The Carphone Warehouse Customer Care Department at the above address, stating your full name, address, account number and Mobile Phone number.
14.4. You also agree to the information described in paragraph 14.2 being used, analysed and assessed by us, CPW (including, without limitation, CPW’s fixed line telephony and insurance companies) and the other parties identified in paragraph 14.2 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network your Mobile Phone, e-mail, text (SMS) media messaging, automated dialling equipment or other means, any further products, services and offers which we or CPW think might interest you. If you do not wish your details to be used for marketing purposes, please write to us c/o The Data Controller, The Carphone Warehouse Customer Care at the above address stating your full name, address, account number and Mobile Phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in this Clause 14 in respect of agreements relating to other products and/or services.
14.5. Some services or services provided by third parties may require the disclosure of information about the location of your Mobile Phone. If you do not wish this information to be disclosed please dial 1300 on your Mobile Phone. Please note we may pass information about the location of your Mobile Phone to the emergency services.
14.6. CPW will pass your title, forename, surname, address, home contact number, handset make, handset model, IMEI of handset and mobile number to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Mobile Phone or it is stolen from you. MEND/SEND will only use your information for the purposes of recovering or repatriating your Mobile Phone and for the investigation of crime relating to your Mobile Phone. MEND/SEND may make your information available to carefully selected third parties (who will include the police) to assist in the provision of the MEND/SEND services where reasonably necessary and for no other reason. Please contact CPW at the above address if you do not want your information to be passed to MEND and/or SEND or other third parties. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to you.
14.7. Where you choose to take an insurance policy through us, we will exchange information about you and your account in relation to that policy with the underwriters of the policy and with the administrators of the policy (the "Insurance Providers"). Your personal data will be collected and processed by us, our agents and the Insurance Providers to the extent necessary for providing you with the policy described (such as when making decision about your eligibility for cover, assessing claims, and carrying out fraud prevention measures). We and the Insurance Providers may also pass information to law enforcement authorities, regulators and the Financial Services or the Telecommunications Ombudsman.
15. Internet Access
15.1. If you have a Mobile Phone, which enables access to the Internet ("Mobile Internet Phone") the following terms and conditions also apply to you. Certain parts of the Service are only available if you register with O2 Online, an internet service provider at http://www.O2.co.uk. The terms and conditions of the Internet service may be obtained by accessing the website.
15.2. We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party websites or resources nor endorse their content.
15.3. For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service ("Information") whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.
15.4. Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the O2 Online website, or otherwise, unless explicitly stated by us, are solely between you and the person with whom you are dealing. Neither we nor CPW will be responsible for any losses or damages that may arise from any such dealings with third parties.
15.5. Access to secure financial transactions will be dependant on the make and model of your Mobile Internet Phone and the third party supplier of Content.
16.1. When you use your mobile phone, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.
16.2. If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our tariff guide from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets call Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your Mobile Phone number on receiving handsets. Please note your number will be disclosed in relation to calls you make to emergency services.
16.3. If you report your Mobile Phone to us as lost or stolen we have the right to prevent it from being used on the Network. We may also exchange the Mobile Phone identity with other cellular network operators who may choose to prevent the Mobile Phone from being used on their networks.
16.4. If you break this Agreement and we choose to overlook it, we can still end it if you break this Agreement again and vice versa.
16.5. For your own protection, you must keep confidential the electronic serial number of your mobile phone, any lock code(s) associated with your mobile phone, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence. We and CPW make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your mobile phone. Depending upon the manufacturer and model, your mobile phone may send information stored on it and receive information to and from certain third parties without your knowledge. If you use your mobile phone to access the Internet, please note that the Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
16.7. If we or CPW need to send notices to you or you to need to send notices to us or CPW these must be in writing and can be delivered by hand or first class post to us at the address given on your statement or to you at the address stated in your application form or any other UK address you supply to us for this purpose and will be deemed to have arrived at their destination 48 hours after posting. Notices may also be sent by email, and must be sent to us or CPW, at the address we notify to you by email, or to you, at the address stated in your application form or given to CPW on the phone or any other email address that you supply to CPW for the purpose and notices given by email shall be deemed to have been delivered the day after the day the notice is sent. We may also send notices to you by SMS which must be sent to your mobile phone number and notices given by SMS shall be deemed to have been delivered the day after the day the notice is sent. All references in this agreement to "in writing" include by SMS to you.
16.8. We, CPW or either of our agents may monitor or record your calls, emails or text messages for our lawful business purposes, such as quality control and training, to prevent unauthorised use of O2’s telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.
16.9. We may charge you for inclusion of your information in any publicly available telephone directory or as part of any directory information service at the price as stated in our tariff guide from time to time
16.10. The SIM card does not belong to you. We may change your SIM card. Your SIM card must be returned in good condition to us if we change it or when this Agreement comes to an end. Unless you have ended this Agreement for any of the reasons set out in Clause 9.4, you will have to pay for SIM cards or replacement SIM cards at the price as stated in our tariff guide at that time.
16.11. You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements which may affect your payment of the Charges.
16.12. You may address any complaints in writing to: The Carphone Warehouse Customer Care, 1 Portal Way, London W3 6RS. Please include your Mobile Phone number in any correspondence. If you are a Consumer Customer and CPW do not resolve your complaint, you may contact the Telecommunications Ombudsman. You can find their details at http://www.otelo.org.uk. Your complaint will then be covered by O2’s membership of Otelo. However, Otelo will only deal with your complaint if it remains unresolved 12 weeks after a deadlock situation has been reached.
16.13. This Agreement is subject to English law and is subject to the exclusive jurisdiction of the English courts to which both parties hereby submit.
16.14 .Except in the case of any permitted assignment of this Agreement under Clause 13 a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement. You, we and CPW are all parties to this Agreement.
16.15. Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded.
17. SIM card - if you buy a SIM Only package from us If you buy a SIM only package from us, your current mobile phone may be latched to another network you may need to obtain an unlatching code from your current network operator and service provider. The unlatching code is not the same as your PIN code. Failure to enter the correct unlatching code may result in your mobile phone becoming permanently blocked. We accept no responsibility for mobile phones blocked in this way or for any costs incurred in the provision of an unlatching code
on 23-01-2011 11:56
But all contracts you are charged the tariff in advance and any charges outside the tariff on the next months bill
As this is a cpw contract ask cpw
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Apple Watch series 4
My first mobile was in 1995 a CM-R111 from sony on Cellnet.
Wincanton South Somerset (Full 4g 3G 2g indoor coverage) Remember we are all customers here not customer services
on 23-01-2011 12:34
I notice that 5.3 does state that payment is due by the date stated on your bill, your first bill will have the first payment date on it.
on 23-01-2011 12:52
I don't suppose it occurred to you to just ask when the payments are taken?
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