You have agreed to participate in the trial of the O2 Connected Car device (the “Device”), the O2 Connected Car application (the “App”) and the associated Connected Car services (together, the "Trial") which is being conducted by Telefónica UK Limited having its registered office at 260 Bath Road, Slough SL1 4DX (“O2”, “us” and “we”),Please read the following terms carefully. These terms govern your participation in the Trial. If you do not agree with these terms, do not accept these terms, participate in the Trial or use the Device, App or the Services. By accepting these terms you confirm that you have read and understood them. Acceptance of these terms shall constitute a binding agreement between you and us in respect of the Trial.The Service
The Device and any other related devices, the App including any apps, code and/or installation files, updates and related materials and the associated connected car services including any additional trial information, equipment and instructions made available to you for download, installation, reference or use is referred to collectively in this agreement as the "Service".
During the Trial, the Service is only available in the UK and is not launch-ready, and therefore is for test purposes only. You acknowledge and agree that the version of the Service you will be testing during the Trial is still in trial and cannot be considered the finished product.
Trial Requirements
In order to be eligible to participate in the Trial, at the commencement of the Trial Period you must:
agree to these terms
where advised as necessary by O2 prior to commencement of the Trial, be an O2 customer;
be registered as a user on O2 Community;
be aged 18 or over;
be in possession of a full valid UK driving licence for a passenger car;
own a vehicle that is compatible in full with the installation of the Device, as determined by O2 (the “Vehicle”);
be the main driver of the Vehicle in which the Device is to be installed;
have a mobile device that is compatible with the App and compatible with the receipt of the Service;
download the App and agree to the terms of the App; and
consent to us using the information collected during the Trial, including information about your car, the location of the Device we give to you, your location and the services you use, for the purposes of analysing the success of the Trial.
Upon delivery of the Device in accordance with clause 6 of these Terms, you shall install the Device into the Vehicle in accordance with the installation instructions contained in the App.
In return for being provided with the Service during the Trial and in order to continue to be eligible to participate in the Trial throughout the Trial Period, you agree to:
use the Service in accordance with these terms and any instructions which we may communicate to you from time to time;
act in accordance with the terms of the App;
not, under any circumstances, use the App on your mobile device whilst driving the Vehicle;
inform us as soon as possible by email to productinnovation@o2.com if significant changes to your circumstances occur, including: (i) cancellation or termination of your customer status with O2; (ii) change to the address under which your customer status with O2 is registered; (iii) the sale, theft, destruction or loss of the Vehicle containing the installed Device; or (iv) the unauthorised use of the Vehicle in which the Device is installed;
not do, or attempt to do, anything with or in respect of the Device, either in connection with its installation or otherwise, that has not been instructed or communicated to you by us;
inform any other driver(s) of the Vehicle about the installation of the Device and bring these terms to their full attention;
give O2, its group companies, trial partners and contractors, permission to analyse information relating to your use of the Services and your survey responses, to create aggregated results in respect of the Trial. We may further use and share this data for our own internal business purposes including the evaluation of the effectiveness of the Trial;
complete any feedback survey forms on the Trial that may be emailed or sent to you. This includes, but is not limited to, completion of three (3) surveys across a six (6) week period which will relate to your experience using the Service which should take approximately fifteen (15) minutes per survey to complete. New weekly tests will begin on a Monday, with that week’s survey being sent on the Friday of that week. For a survey to be considered successfully “completed”, you must complete it in its entirety by no later than 11:59pm the following Monday; and
be contacted by us by email, text or telephone and in connection with the Trial during the Trial Period (and any Extended Period). You acknowledge and agree that us contacting you in connection with the Trial does not relate to or impact your general consent preferences in respect of our marketing communications.
Device – Delivery, Configuration and Installation
Unless otherwise agreed, we will deliver the Device to your requested address at our own cost.
Upon delivery of the Device, you will assume all responsibility for the Device in respect of loss, theft, destruction or damage.
The Device will be configured for a single make and model of vehicle and it must not be used in any other vehicle without O2’s prior written consent. If you wish to obtain such consent, please contact us at productinnovation@o2.com.
You will be responsible for installing the Device into the Vehicle in accordance with the installation instructions provided at clause 4 of these terms.
You confirm that you are the owner of the Vehicle and have acted in accordance with clause 3(f) of these terms. You accept that O2 will not be responsible for any costs, liabilities or other matters arising from a failure to obtain valid consent from the owner of the Vehicle.
You will ensure that the Device is not uninstalled from the Vehicle, unless strictly necessary (for example, where the Vehicle is being sold, during maintenance or repair of the Vehicle or where the Device is causing any issue with the Vehicle). We recommend that the Device is removed before any maintenance or repair of the Vehicle is carried out.
If you uninstall the Device from the Vehicle for any reason, you must contact us immediately to inform us.
Device – Ownership, Use and Returs
You acknowledge that the Device and any other equipment provided to you as part of the Service is provided to you on loan for the Trial Period and remains the property of O2 at all times. You will have no right, title or interest in or to the Device save for the right to use the Device solely in accordance with these terms.
You will ensure that under no circumstances shall the Device be sold or transferred to a third party, whether whilst installed in the Vehicle or otherwise.
We will lease the Device to you free of charge for the duration of the Trial Period.
You will notify us immediately in the event of any loss, accident, theft, destruction or damage to the Device. You agree not to attempt to remedy any issues, or repair damage to the Device, either by yourself or by a third party, without the assistance of O2.
You agree that you shall use the Device or any other equipment provided to you for the purposes of the Trial only and for no other purpose.
You agree that you shall use the Device safely and responsibly, and prevent unauthorised access to such Device and not to use the Service for, or in connection with, any illegal activity.
You agree not to review, publish comments about, capture or create images of, extract or analyse information or data related to, the Service (including the Device) without the express permission of O2, nor to allow any third party to do the same. You must not allow any third party access to the Device that provides them with the opportunity to do the same.
You agree that you will not deconstruct, modify, tamper or misuse the Device or the Service and that you shall treat the same with reasonable care. We reserve the right to charge you for any damage caused to the Device or any other equipment provided as a result of a breach of this clause 20.
At the end of the Trial Period, or in the event of termination of the Trial for whatever reason, you must immediately uninstall and return the Device to O2 using the prepaid and addressed package supplied.
If requested by us, you must cease to use the Service and if requested by us, return the Device and any other equipment provided immediately or, where applicable, allow us or our designated installer to access the Vehicle to uninstall the Device.
App – Use
We grant to you for the duration of the Trial Period a right to access and browse the contents of the App on the following basis:
you will not in any way copy, modify, publish, transfer, sell, reproduce or exploit in any way the App (or any part of it) or any of its or its associated software in connection with the App; and
you will not under any circumstances make use of O2’s trade marks or logos in any way.
You agree to comply with all reasonable instructions or conditions relating to your use of the App as may be posted either on the App or otherwise communicated to you by us from time to time.
You will not, and agree that you will not allow any third party to:
post to the App any material that is defamatory, obscene, indecent, offensive, pornographic, abusive, discriminatory, in breach of confidence or privacy or which constitutes or encourages conduct that would be considered a criminal offence or would give rise to civil liability;
knowingly post or transmit to the App any material that is technically harmful;
misuse or violate any aspect of the App or any associated software, including deliberately breaching security or authentication measures; or
attempt to modify or reverse engineer any software used in connection with the App.
Nothing in these terms will limit O2’s right to temporarily suspend access to the App (in whole or in part) at any time for the purposes of maintaining, upgrading or repairing the App and/or to make changes to the functionality, features and/or material content of the App without notice.
Charges
As the Service is provided under these terms for trial and test purposes only, there will be no charge to you for the provision of the Service during the Trial.
Duration and Termination
The Trial shall commence at the time the Device is delivered to you in accordance with clause 6 of these terms and, subject to clause 29 of these terms, shall continue for a period of 4 weeks (the "Trial Period").
Your participation in the Trial may be extended by a further period of time to be agreed (the “Extended Period”) on the written agreement of you and O2 prior to the end of the Trial Period. These terms shall also apply to the Extended Period.
O2 may terminate your participation in the Trial for any reason and at any time by giving notice to you in writing (which may include by email). O2 may also terminate your participation in the Trial immediately if: (i) you are in breach of these terms; (ii) you are not using the Service in accordance with these terms or O2’s instructions; (iii) required to do so by law, a court, or a requirement of a third party; or (iv) O2 has reasonable grounds to believe that your use of the Services is fraudulent or infringing any right of a third party.
If at any time during the Trial Period you want to be removed from the Trial, please notify O2 and we will work with you to remove you from the Trial.
These terms shall be in force upon your acceptance of these terms and will expire upon our receipt of the returned Device following the end of the Trial for whatever reason.
Intellectual Property Rights
You acknowledge all intellectual property rights in any products, services, information, or materials provided or made available to you during the course of the Trial and the provision of the Service are owned or licensed by O2 and selected third parties, and you shall not acquire any rights therein other than the limited rights provided under these terms.
Data
All personal data collected during the course of this Trial will be processed in accordance with our Privacy Policy, which can found at: o2.co.uk/termsandconditions/privacy-policy.
Confidentiality and Publicity
You undertake that you shall not give press or other interviews, nor make any public statement regarding the Trial, without O2’s prior written consent.
You undertake that, other than as required by these terms you shall not create, forward, share or otherwise publish or distribute any information (including but not limited to comments, images, graphics or other creative representations) in respect of the Services in any format (including on any form of social media or website) that could damage the O2 brand, without our prior written consent.
The obligations set out in paragraphs 35 and 36 above shall not apply to any information which becomes publicly available through no fault of yours or where its disclosure is required by law.
Disclaimers and Liability
The App and Services are provided for Trial and evaluation purposes only without any warranties or guarantees (including any warranties implied by law) unless expressly stated otherwise, and any such warranties (whether express or implied) are hereby excluded to the fullest extent permitted by law.
Insofar as permitted by law and subject to paragraph 46 below, we shall not be liable in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, loss of data, income, business, opportunity or anticipated savings, nor for any indirect, incidental or consequential loss or damage in relation to your participation in the Trial.
We accept no liability to you where the installation of the Device voids any term of a manufacturer, or any other, warranty which applies to the Vehicle.
We shall not be responsible for the accuracy of the data recorded by the Device or displayed on the App. You acknowledge that the Device cannot detect all faults within the Vehicle and we accept no liability for any failure of the Device to detect any fault within the Vehicle.
We shall not be liable for any losses you may suffer that arise from your violations of traffic regulations whilst using the Device.
Where you believe damage has been caused to the Vehicle by the Device, either as a result of its operation, installation or uninstallation, you must contact O2 immediately. You shall not attempt, nor shall you engage any third party to attempt, to rectify any damage the Device may have caused to the Vehicle. Should you attempt repair, or engage a third party to attempt to repair, any fault allegedly caused by the Device, O2 shall not be liable for the fault or any damage caused and any costs associated with such repair shall be borne by you.
Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any unreasonable or intentional failure by you to return the Device and/or any other equipment provided when requested by us or otherwise in accordance with the terms of this agreement. Accordingly, we shall be entitled to seek equitable relief for such unreasonable or intentional failure,
To the maximum extent allowed by law, we will not accept any liability for any damage arising to the Vehicle where you have not ensured vehicle compatibility in accordance with clause 3(f) of these terms, nor complied with the installation instructions contained at clause 4 of these terms.
Nothing in these terms shall operate so as to exclude or limit the liability for death or personal injury caused by negligence, arising out of fraudulent misrepresentation or fraudulent concealment, for any physical damage to property (regardless of whether such loss or damage is direct, indirect consequential or otherwise), or for any other liability which cannot be excluded or limited by law.
Reward
You shall be entitled to receive from O2 an Amazon eGift card to the value of £30 only (the “Reward”) as a reward for participating in the Trial, subject to the following conditions:
you comply with the requirements for participation in the Trial contained at clause 3 of these terms;
you comply with these terms in respect of the Trial;
you participate in the Trial for a period of 4 weeks from the commencement date of the Trial Period;
you complete the surveys provided to you in full in accordance with clause 5(h) of these terms; and
you return the Device to O2 in accordance with clause 21 of these terms. You acknowledge that should the Trial Period be extended in respect of your participation in the Trial in accordance with clause 29 of these terms, the Reward shall only be provided when the Device is returned and not at the end of 4 weeks.
Entitlement to the Reward is personal to you and cannot be transferred, unless otherwise permitted by O2. The Reward cannot be exchanged for cash.
In the event of unforeseen circumstances, we reserve the right to substitute the Reward for an alternative of equal or greater value. In the event of any dispute, O2’s decision is final. No correspondence will be entered into.
The Reward is subject to Amazon’s standard gift card terms and conditions including expiry periods (currently 10 years from date of issue) and redemption restrictions (including the fact that the Gift Card may only be redeemed toward the purchase of eligible products on www.amazon.co.uk). For full terms see www.amazon.co.uk/gc-legal.
General
Certain aspects of the Trial and the Services may be carried out by third parties selected by O2.
You shall not assign, transfer or sub-contract these terms and, in particular, the right to participate in the Trial, without O2’s prior written consent.
Aside from O2’s Privacy Policy, these terms constitute the entire agreement between you and O2 relating to the Trial. These terms supersede any prior representation, statement, undertakings or discussions relating to the Trial.
O2 may vary the Trial or terms during the Trial Period, provided that if we vary these terms to your material disadvantage we will notify you.
These terms are governed by English law and both you and O2 submit to the non-exclusive jurisdiction of the English courts