1 Interpretation

In this Contract the following meanings shall apply:

• "Account" means the facility extended under this Contract allowing You, when You have logged in, an individual right of access to the Services;
• "Audio Reports" means the service which may be available to You, and which is accessed via a telephone number communicated to You in a TXT Alert enabling You to obtain further information relating to that TXT Alert;
• "Content" means data, information, software, photographs, video, graphics, music, sound and other material appearing on or available through the Services including, without limitation, news, travel, sport and share price information supplied by Us or by content providers from time to time and which is received via this O2 website, via email or via a mobile phone;
• "Contract" means the agreement between Us and You for the provision of the Services incorporating these terms and conditions set out below, the Pricing Schedules, Our Privacy Policy, the terms and conditions for use of the O2 One mail Service (a copy of which can be read on the O2 Web site), the registration form displayed and completed on-line, and any policies, disclaimers, conditions, guidelines or rules applying to any of the Services and which together form the entire agreement between You and Us for the Services, which in the event of any conflict rank in the order of precedence set out above;
• "Domain Name" means a name registered with an Internet registration authority for use as part of Your URL;
• vailable through the O2 website
• "Information" means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet by virtue of Your Internet Access, that You receive and, if applicable, send to someone else;
• "Internet" means the global data network comprising interconnected networks using TCP/IP Transmission Control Protocol/Internet Protocol including but without limitation services known as the World Wide Web;
• "Internet Access" means the service provided by Us whereby You can gain access to the Internet together with email capability and 10MB of personal webspace;
• "Internet Standards" means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
• "Message Pad Services" means the information and services (including text messaging, email, instant messaging, mobile to PC services, and such other related services as we may introduce) for which You have registered via the O2 website
• "O2 Help Guide" means the explanatory notes and guidelines setting out details of the Services and how they may be used;
• "O2 Services" means the Services, available through the O2 website;
• "Pricing Schedule" means the current price list for the TXT Alerts- Chargeable and such other Services as We may elect to charge for in accordance with clause 3.1, and which We publish and update from time to time in accordance with clauses 3.1(b) and 5A below;
• "Privacy Policy" means the O2 Usage Policies located on www.O2.co.uk that out lines Our data protection policy, usage policy and privacy policy;
• "Services" means any or all (as the case may be) of the following services which may be modified from time to time: Internet Access; O2 Active; the Website Service; the Message Pad Services; the TXT Alerts; the Audio Reports; the provision of server space for Your personal web pages and any other services introduced from time to time which You access or register for through any O2 portal;
• "TXT Alerts" means the text information service provided by Us, that is sent direct to Your mobile phone, comprising various sporting, music, share price and other information provided by content providers from time to time, and includes the Text Alerts - Chargeable and the Text Alerts - Non Chargeable;
• "TXT Alerts - Chargeable" means all TXT Alerts and Message Pad Services that are sent to a mobile phone via the short messaging service and that are charged for by us in accordance with the Pricing Schedule, including with out limitation the football fixtures text alerts referred to in clause 5.9 and such other alerts as we may elect to charge for from time to time in accordance with clause 3.1(b);
• "Text Alerts - Non Chargeable" means all other alerts (not being Text Alerts - Chargeable) and Message Pad Services that are sent to a mobile phone via the short messaging service;
• "URL" means a uniform resource locator, which is the full address for Your Website;
• "Website Services" means the communication, information and entertainment service provided by Us and other Content accessed via this O2 website or by a mobile phone, other than the Audio Reports, TXT Alerts and the Message Pad Services;
• "We", "Us", "O2" and "Our" means O2 (UK) Limited, Registered Office: Wellington Street, Slough, Berkshire SL1 1YP (Registered Number 1906156). Located at The Broadway, Hammersmith, London W6 9DL. (VAT Registration: 778603785);
• "You", "Your" means the customer We make the Contract with and includes any person who We reasonably believe is acting with Your authority or knowledge;
• "Your Website" means Your website on the World Wide Web.

2 Duration

This Contract begins on the date that You complete the on-line registration process (which incorporates these Conditions) and will continue until terminated in accordance with this Contract.

3 Provision of the Services

3a Subject to paragraph 3.4 below and paragraph (b) of this clause 3.1, We agree to provide You with the Services free of charge in accordance with the terms and conditions of the Contract. There is no charge by Us for registering for the Services or for receiving the TXT Alerts - Non Chargeable. We reserve the right to introduce charges for any Services provided that We give You 30 days' notice of the introduction of such charges. You can, of course, stop using the Services at any time as set out in paragraph 7.

3b In consideration of Us providing You with the TXT Alerts - Chargeable and such other chargeable Services as we may introduce or advise to You, You must pay Our charges as set out in the O2 Pricing Schedule ("Charges") and in accordance with clause 5A below. The O2 Pricing Schedule is displayed on the O2 website www.O2.co.uk/pricing and contains explanations, definitions, notes and conditions as are necessary to understand the charges

3.2 The Content available on the Services 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 for any of the Services that You accept that We will not be liable for any action You take in reliance on the Content contained within the Services. You agree that no information provided by Us shall be an investment advertisement or constitute investment business under the Financial Services Act 1986 as amended and under any appropriate regulations and that You will check with an appropriate professional adviser before acting on any information (financial or otherwise) that We give You.

3.3 We agree to exercise the reasonable care and skill of a competent communications service provider. However, We cannot guarantee that the Services will never be faulty but We will correct reported faults as soon as We reasonably can. If a fault occurs You should report the fault by email or by calling, O2 Customer Service. See paragraph 12 for these details. The Services are provided without any warranties or guarantees (including any warranties implied by law) unless expressly stated otherwise.

3.4 The Services (either in whole or in part) are accessed where applicable via the Internet or via a fixed line or mobile phone. You are responsible for the provision of and payment for a suitable PC and modem and for the fixed line and mobile phone services (including call charges) necessary for connection to the Services. This Contract does not include the provision of any phone services necessary for connection to the Internet or use of the Services. Any equipment connected to or used with the Services must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment and must be technically compatible with the Services and approved for that purpose under any relevant legislation.

3.5 Your use of the Internet is solely at Your own risk and subject to all applicable national and international laws and regulations. We have no responsibility for any Information or other services obtained by You on the Internet.

3.6 We may vary Content or the technical specification of the Services from time to time.

3.7 We may temporarily suspend the whole or any part of the Services for operational reasons at any time but will endeavour to give You as much notice as is reasonably practical before doing so.

3.8 We may provide or Our contractual partners may provide links to other web sites or resources. We neither accept responsibility for them nor endorse their Content.

3.9 Your dealings with, and interest in, promotions, services, or merchants found on or via the Website Service, unless explicitly stated by Us, are solely between You and the person with whom You are dealing. Should any dispute arise between You both, O2 will use its reasonable endeavours to help You resolve the situation, but We will not be responsible for any losses or damages that may arise from any such dealings.

4 Security

4.1 To access the Services You will be issued with a user name, password and verification code that You can change at any time. You are responsible for the security and proper use of the password and verification code and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised persons. You will notify Us of any unauthorised use of Your password or Account, or verification code or any other breach of security.

4.2 You are responsible for ensuring that no unauthorised access is obtained to the Services through Your Account. You will be entirely liable for all activities conducted through Your Account whether authorised by You or not, until such time as You notify Us of such unauthorised use and We have stopped access to Your Account.

4.3 If We have reason to believe that there is likely to be a breach of security or misuse of the Services We may change Your password or Your verification code, and notify You accordingly.

4.4 If You forget any password, You can change it online. You will be sent a verification code. If You forget any password or verification code, You can contact the O2 Customer Service. See paragraph 12 for details. If You satisfy the security checks We operate, You will be given a new password and verification code to enable You to use the Services.

4.5 You confirm and warrant that all the information supplied by You when You register on-line for the Services is true, complete and accurate in all respects and You agree to notify Us within 30 days of any changes to that information.

5 Use of the Services

5.1 For Internet Access, You understand that all Information whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that You, and not Us, are entirely responsible for all Information that You upload, post, email or otherwise transmit via Internet Access.

5.2 The Services enable access to Content that is protected by copyright, trade mark and other relevant proprietary and intellectual property rights ("Rights"). You shall use the Services and the Content for private and personal use only and not for any commercial purposes or in a way that infringes the Rights of others ("Approved Use") and comply with all other instructions regarding use of these Services and the Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of the Content other than for an Approved Use. You shall also not forward, send transmit or transfer any part of the Content to another person. The re-selling, copying or incorporation into any other work of part or all of the material available on the Services in any form is prohibited save that You may print or download extracts of the material on this site for Your personal use only.

5.3 You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services.

5.4 The Services must not be used:

fraudulently or in connection with a criminal offence; or
to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of any Rights or privacy or otherwise unlawful; or
to cause annoyance, inconvenience or needless anxiety; or
to send commercial advertising or promotional material; or
to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons; or
other than in accordance with the acceptable use policies of any connected networks and the Internet Standards.

5.5 You are responsible for the creation, maintenance and design of all information on Your Website. In particular, but without limitation, You will comply with all guidelines and recommendations issued by the Internet Watch Foundation from time to time, and specifically ensure that You rate any web pages You create on Your Website using the RSACi scheme for W3 pages. You warrant that the information in Your possession and put on Your Website will not constitute a criminal offence or be otherwise unlawful. In particular, You warrant that all necessary licences and consents (including those from owners of copyrights or performing rights) have been obtained.

5.6 You must not use a Name so as to infringe the rights of any person, (whether in statute or common law), in a corresponding trade mark or name. You acknowledge that We cannot guarantee that any Name You request will be available or approved for use. We reserve the right to require You to select a replacement Name and may suspend the Services if, in Our opinion, there are reasonable grounds for Us to believe that Your current choice of Name is, or is likely to be, in breach of the provisions of this Contract.

5.7 You must tell Us immediately if anyone makes or threatens to make any claim or issue legal proceedings against You relating to Your use of the Services or any information on Your Website 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. If You fail to stop the act or acts complained of We may suspend the Services.

5.8 If We suspend Your use of the Services for contravention of any part of this Contract, We will not restore it until We receive an acceptable assurance from You that there will be no further contravention.

5.9 The football fixtures service that is one of the Audio Report and TXT Alert Services is provided with the following additional disclaimers and conditions:

all football fixtures are given as at the time detailed on the page viewed. Each of The Football League and The Scottish Football League reserves the right to change any of the football fixtures without notice and without liability; and the football fixtures service is not endorsed or supported by The Football League or The Scottish Football League; and
football fixtures is ©The Football League 1997 ©The Scottish Football League 1997. All rights reserved; and

5.10 The information provided by PA News Limited for one of the Audio Report and TXT Alert Services ("PA Material") is provided with the following additional disclaimers and conditions:

the PA Material is not guaranteed to be provided free from any interruptions, faults or inaccuracies and neither We nor PA News Limited will therefore be liable for any loss or damages arising there from; and
We and PA News Limited shall have the right unilaterally to terminate transmission of all or any part of the PA Material for whatever reason without notice and neither We nor PA News Limited shall have any liability in connection therewith.

5.11 We reserve the right to disclose to any person with an enquiry or complaint Your contact details if such person cannot locate these details on Your Website.

5.12 You shall only access the Services as permitted by Us and shall not attempt at any time to circumvent system security or access any source software or compiled code.

5.13 You acknowledge that there may be additional conditions displayed on-line relating to particular Content. If You choose to access such Content, You must comply fully with those on-line conditions.

5.14 The Services must not be used in a way that does not comply with any legislation or any licence applicable to You.

5.15 If You use the server capacity or any software made available to You in any way which, in Our opinion, is, or is likely to be, detrimental to the provision of the Services to You, or any other customer and fails to take corrective action within a reasonable period of receiving notice from Us, We may treat the contravention as a breach of this Contract for the purposes of paragraph 6.

5A Charging and payment

5A.1 You must pay the Charges on time and in accordance with the billing procedure set out in the Pricing Schedule. If the Charges are not paid on time or You default in such payment, the amount owing will be treated as overdue and We will be entitled to terminate or suspend Our Contract with You. Any collection or legal fees incurred by Us in relation to Charges which are due from You, shall be recoverable from You.

5A.2 We reserve the right to vary the Charges (or any component thereof) at any time, upon first giving You prior notice. Any variation shall be final and binding as between You and Us and shall not be the subject of mediation of arbitration.

5A.3 All sums payable to Us shall be paid in full without any deductions or set-offs. All sums shall be paid in pounds sterling.

5B Privacy policy

Information that we collect or obtain from You is subject to our Privacy Policy which can be viewed on the www.O2.co.uk website on the footer of the homepage.

6 If you break this Contract

6.1 In addition to anything else We can do, We can suspend the provision of the Services to You or end this Contract (or both) with immediate effect if:

You break any provision of this Contract; or
We believe the Services are being used in a manner prohibited under this Contract, even if You are unaware that the Services are being used in such a way; or
You fail to pay for any of the Services (if charges are introduced), bankruptcy or insolvency proceedings are brought against You or if You do not make any payment under a judgement of a Court on time, or You make an arrangement with Your creditors, or (if a company) a receiver or administrator or administrative receiver is appointed over any of Your assets or You go into liquidation.

6.2 If We delay in acting upon a breach of this Contract by You, then delay will not be regarded as a waiver of the breach. If We do waive a breach of this Contract by You, that waiver is limited to the particular breach.

7 Ending the contract

At any time after the provision of the Services has commenced, this Contract may be ended by either You or Us at any time. Notification that You wish to end this Contract and therefore deregister from the Services should be made in writing to O2 Customer Service. See paragraph 12 for details.

8 Liability

8.1 We accept liability for death or personal injury caused by Our negligence and paragraphs 8.5 and 8.6 do not apply to such liability.

8.2 We exclude all liability of any kind in respect of:

Your Information, Third Party Information, or any other material on the Internet which can be accessed using the Services, and We are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the Internet; and the accuracy, completeness or suitability for any purpose of any Content; and,
any material You publish on Your Website

8.3 If We cannot do what We have promised in the Contract because of something beyond Our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, the act of omission of other providers of fixed line or mobile phone or Internet services or the failure of any of their networks or apparatus, anything done by government or other competent authority or industrial disputes of any kind (including those involving Our employees), We will not be liable for this.

8.4 If We are prevented by restrictions of a legal or regulatory nature from supplying the Services, We will have no liability to You for failure to supply the Services.

8.5 Our liability to You in contract, tort (including negligence) or otherwise in relation to this Contract is limited to £250,000 for any one incident or series of related incidents and to £500,000 for all incidents in any period of 12 months.

8.6 We are not liable to You, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.

8.7 You accept that We are under no obligation to edit, review or modify Your Information or Third Party Information and that We do not examine the use to which the Services are put. However, We reserve the right to remove any of Your Information or Third Party Information following notice to You if We reasonably believe that there may be a breach of this Contract.

8.8 Each provision of this Contract, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

9 Indemnity

You must indemnify Us against any claims or legal proceedings which are brought or threatened against Us by a third party because:

the Services are used in breach of the provisions of paragraph 5; or
the Services are faulty or cannot be used by that third party.

We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.

10 Variation of Terms and Conditions

We may modify the Contract at any time, such modifications becoming effective immediately upon posting of the modified Contract on this O2 Web-Site or by Us notifying You by email or TEXT MESSAGING of the changes. You may stop using any of the Services at that time. By continuing to use the Services following any such modification You will be deemed to accept such modification.

11 Domain Names

11.1 You warrant that You are the owner of, or that You are duly authorised by the owner of, any trade mark or name that You wish to use as Your Domain Name and use as part of Your URL.

11.2 We reserve the right to require You to select a replacement Domain Name or URL and may either refuse to provide or may suspend service if, in Our opinion, there are reasonable grounds for Us to believe that the Domain Name or URL is, or is likely to be, offensive, abusive, defamatory or obscene or in breach of the provisions of paragraph 5.6.

12 Giving Notice

12.1 Notices given to Us under this Contract may be given by email (in which case effective service of the notice shall only occur upon actual receipt by Us of the notice) or in writing to the following address:

O2 Customer Service

By Email:

or any alternative address which We notify to You at any time.

By Phone:

Contract: charged at national rate.

Pre-Pay: or short code 4445 charged at 50p per minute

By Mail:
O2 (UK) Limited
Bury

12.2 Notices given to You under this Contract may be given in writing to the address or by email to the address which in each case You specify when registering for the Services or any alternative address which You notify to Us at any time, or if You are a limited company, Your registered office.

13 Trademarks and Software

13.1 Intellectual property rights in all software and documentation supplied by Us for Your use in connection with provision of the Services remain Our property or that of Our licensors.

13.2 Without Our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 You must not and must not permit any other person to:
disassemble, reverse engineer, decompile or in any other way interfere with the software; or
copy or modify the software; or
create any new software partly or wholly based on the software; or
transfer, assign or sub-license Your right to use the software or attempt to do so.

13.3 Subject to the terms of this Contract, You may use the software and associated documentation on a non-exclusive basis, but only to the extent necessary for You to access the Services and only in the United Kingdom.

13.4 You agree to comply with the terms of any agreements reasonably required by the owners of any intellectual property rights in such software relating to the protection of those rights.

13.5 We may offer updates or modifications to such software capable of delivery on-line.

14 Law/Jurisdiction

This Contract is governed by English Law and You and We submit to the non-exclusive jurisdiction of the English courts.