O2 Wifi London Underground Terms and conditions
These terms and conditions set out the agreement between you ('you', 'the customer' or 'your') and Telefónica UK Limited ('us', 'we' or 'our') trading as O2. The O2 Wifi London Underground is a Supplementary Service as defined in our standard terms and conditions for the O2 Pay Monthly Mobile services (the “Pay Monthly Mobile Agreement”) available here.
If you're already an O2 customer then these Terms are in addition to the terms of the other services that you already take from O2 including, as applicable, your Pay Monthly Mobile Agreement or your Pay As You Go Agreement (as applicable, your "O2 Standard Terms"). The O2 Standard Terms shall also apply to the O2 Wifi London Underground service. These terms and conditions will form part of your O2 customer contract once an eligible request for O2 Wifi London Underground has been accepted by us.
Your use of the London Underground Wifi Service ("services") will be governed by the terms of this agreement.
About the Services
This agreement sets out the terms and conditions of use of the services. You must consent to these terms and conditions to be able to use the services.
As well as these terms and conditions, your use of the services is subject to other legal stuff (such as our Acceptable Use Policy and Privacy Policy)which applies to the services which will be published from time to time on our website. We may also introduce a Traffic Management Policy which would provide further details on the use of the services. We may also take measures to help us prevent fraud and to ensure that excessive use of the services by some users does not prevent other users of the service from enjoying the services.
The services that we provide to you are the ability to access the internet and send and receive data through our wireless broadband network and through the internet using wireless technology that we make publicly available in the London Underground. The services are variable in nature and are available to existing O2 mobile customers who also sign up to receive O2 Wifi services. The services are not available to non-O2 mobile customers. O2 Pay As You Go customers must have topped up their mobiles in the last 30 days to be eligible to use the services.
We reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.
Using the Services
The services start when you first connect to a London Underground Wifi access point.
In order to use the service, you must be an existing O2 mobile customer and you must register for the O2 Wifi service either at an O2 Wifi hotspot or by downloading and installing the O2 Wifi app and then registering for O2 Wifi services via the app. (You should do this before going into the London Underground as you can't register for the first time on the London Underground itself). You will need to be able to receive an SMS text message and will need to confirm an entry code that you receive via text to sign up to O2 Wifi. When customers first sign in to the London Underground service, their details will be verified to ensure they have signed up to O2 Wifi and that they are an eligible O2 mobile customer. Once this has been done, they will be able to use the service (provided they have supplied the correct login details).
Please note, general terms and conditions apply for O2 Wifi services and these can be found at https://captive.o2wifi.co.uk/o2-wifi/termsandconditions.html (the General Wifi Terms). These London Underground terms apply in addition to the General Wifi Terms. If there is any inconsistency between these terms and the General Wifi Terms then the London Underground terms will prevail.
To start using the service on the Underground, you must have registered for O2 Wifi first. Then when in the Underground, select Virgin in your device's wifi settings. If it doesn't redirect you automatically to your browser, hit your browser button and select O2 from the dropdown list of networks. Enter your O2 mobile number and press submit to start using the service. You must follow the sign-in instructions correctly to be able to use the service.
O2 Pay As You Go customers must have topped up their account in the past 30 days to be eligible to use the service.
By signing up to the service you consent to us using your personal data (including data in relation to your O2 contract and data in relation to your use of O2 Wifi) to verify who you are and to provide you with access to the service.
Please note, you will only be able to register three devices for use of the service. If you try to register a fourth device, the device which has gone unused for the longest time period will be de-registered from the service. You will only be able to use three devices on the service at one time.
You are responsible for ensuring that any equipment that you use to access the service meets the minimum requirements and is suitable for use with the service and is adequately protected against viruses.
The services are variable in nature and may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.
You shall ensure that you use the services in a reasonable manner and do not abuse the services. You accept that we may restrict your ability to use the services if you use the services in an unreasonable and/or excessive manner.
You are wholly responsible for your use of the service. You accept that we have no control over the information transmitted via the service and will not be responsible for such information. Except as expressly specified otherwise in this agreement, we do not examine the use to which you put the service or the nature of the information you send or receive. We have no obligation to compensate you for such information and/or such use.
Any content made available to you via the services is variable in nature and, subject to paragraph 8 of your Pay Monthly Mobile Agreement or clause 12 of the Pay As You Go Agreement (as applicable), we may add, change or remove content at any time at our discretion. Please refer to the O2 Standard Terms for more details on our rights to vary and (if applicable) your rights to cancel. You accept that we (or Virgin Media Limited who provide the London Underground WiFi infrastructure) have the right to restrict access to any inappropriate content on the services, such as adult and illegal content. You hereby agree not to access or attempt to access such adult or illegal content using the services.
The services are variable in nature and we cannot guarantee that the services will be uninterrupted and/or will be continuously available. We will aim to provide you with the best services possible, but we will not be liable for any interruptions, reception, picture degradation or any other problems that are beyond our control. We do not guarantee that the services will be compatible with your equipment or any software that you may use.
You are responsible for the way the services are used. You must not do any of the following acts or allow anyone else to do the following acts via your device in relation to the services:
1. Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
2. Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
3. Perform any illegal activity;
4. Break, or try to break, the security of anyone else's equipment, hardware or software;
5. Deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
6. Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;
7. You must not use the services in a manner that will or is likely to adversely affect how we provide the services to you or any of our customers.You must, at all times, ensure that the way you use the services does not break the law or the rights of any other person.
If we reasonably believe that you have breached Clause 18 of this Agreement or that you have misused the services in any way, we may take immediate action to deny you access to the services without any further notice to you.
You agree to take responsibility for all liabilities, claims and losses which are in any way connected with your misuse of the services under this agreement and you must repay to us in full any costs and/or losses of which we may suffer as a result of such misuse.
Some parts of the services enable you to access third party content and services (some of which may require you to accept additional terms and which may be subject to fees), and you agree that we are not responsible for any such third party content or services or for any changes to such third party content or services. We are not responsible for notifying you of such changes as they are outside our control and we may not be aware of them.
We do not guarantee the security of the services and you hereby agree to use the services at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the services, access to your computing equipment or disclosure of confidential information.
You hereby accept that we do not guarantee nor are we responsible for, the security, integrity and confidentiality of the information, files and data that you exchange or may wish to exchange.
The services will be available until such time where Wi-Fi connection is lost or until such time that you disconnect from the services. You will not be able to access the services if your account is in arrears or if your account has been classified by us as being in bad debt. The services will not be available to Pay As You Go customers who have not topped up their accounts in the last 30 days.
Your details and how they are looked after
By using the services you are providing your consent to use your personal information together with other information for the following purposes:
1. profiling your usage and viewing;
2. personalising your experience of the services based on your usage and viewing profile; and
3. improving and developing the services.We may share with third parties information about your use of the services in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
We will only use your data in line with the Data Protection Act 2018.
We will not pass on your personal information to third parties except in accordance with this agreement or where we are required to disclose that information in order to comply with any legal or regulatory requirements.
Liability to You
Our liability to you is limited as set out in this agreement.
We will not be liable to you for: 1. any direct loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, use, business, wasted expenditure, loss arising from disclosure of confidential information, loss arising from or in connection with the use of the services or inability to use or access the services that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage; 2. any indirect loss or any loss which is not a reasonably foreseeable consequence of our negligence or breach of these terms and conditions (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses). 3. lost or destroyed data or software; or 4. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss.
If applicable we are not responsible for any misuse of your registration details and/or username and/or where applicable, your password. You are wholly responsible for your account and shall be fully liable for all activities carried out under your account. It is your responsibility to protect your username and password if applicable, or your registration information if applicable.
We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the services, or for transmitting or receiving, or failure to transmit or receive, any material through the services.
If you deal with any other individuals or organisations using the services (for example, by buying or renting goods or services from them or ordering goods from them using the services), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
We will not be liable to you for the contents of any material from other individuals and/or organisations which may be accessed through the services. We also reserve the right to block access to any such material.
We do not restrict or exclude liability to you for: 1. death or personal injury resulting from our own (or our agents' or contractors negligent act or failure to act; 2. direct physical damage to your personal property up to £10,000 for any one event or series of connected events where the damage arises from our own (or our agents' or contractors negligence.
Matters beyond our reasonable Control
38. We will not be liable for failing to do what it promised under this agreement if we are prevented from doing so by something outside our reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial dispute.
General
This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written agreement. For business reasons we may transfer any of our rights and responsibilities under this agreement without your permission.
If you are giving away or selling a device which is connected to the services you must remove the device from your O2 Wifi account before transferring the phone.
Subject to paragraph 8 of your Pay Monthly Mobile Agreement or clause 12 of the Pay As You Go Agreement (as applicable) sometimes we will need to change these terms and conditions and/or the service. Please refer to the O2 Standard Terms for more details on our rights to vary and (if applicable) your rights to cancel.
This agreement will be governed by English law is subject to the non-exclusive jurisdiction of the English courts.