http://www.2u.co.uk/ 2u Terms & Conditions en-us http://www.2u.co.uk/mobile-phone-insurance/insurance_terms_include.php
This insurance is underwritten by Equity Red Star and arranged by Supercover Insurance Plc . Equity Red Star is managed by Equity Syndicate Management Limited, which is authorised and regulated by the Financial Services Authority. Equity Syndicate Management Limited is registered in England number 426475. The registered address is at Library House, New Road, Brentwood, Essex, CM14 4GD. Mobile Phone World Ltd (trading as 2u), and Supercover Insurance Plc is authorised and regulated by the Financial Services Authority. You can visit the Financial Services Authority website, which includes a register of all regulated firms at www.fsa.gov.uk/register or by contacting them on 0845 606 1234.

Introduction
In return for the payment of your premium we will provide insurance for your electronic equipment during the period of cover, as stated in the application, subject to the terms, conditions and limitations shown below or as amended in writing by us.

For monthly insurance policies this is a monthly contract and is only in force if the monthly premium has been paid. For policies of a longer duration premium must be paid at inception and the policy will remain in force for the period shown on your Letter of Introduction and will remain in force until the period expires or is cancelled in accordance with Conditions and Limitations 5, 6 or the section headed Cancellation.

These Terms apply to electronic equipment except where stated or not applicable.

Insurance Certificate Definitions
The words and phrases defined below have the same meaning wherever they appear in bold in this certificate.

Accidental loss means that the electronic equipment has been accidentally left by you in a location and you are permanently deprived of its use.
Commercial vehicle - any vehicle used wholly or partly for commercial or business purposes or any other vehicle that is being used for commercial or business purposes at the time of any loss or damage to the electronic item.
Consequential Loss - indirect loss or damage resulting from the event which caused the claim under this policy Excess - the amount that you have to pay of each claim.
Electronic Item - the single item insured by this certificate, purchased by you and provided by a supplier approved by us.
Immediate family - your mother, father, son, daughter, spouse, domestic partner.
Mobile phone/PDA - the single cellular telephone insured by this certificate, purchased by you and provided by a supplier approved by us..
Period of cover - For monthly policies 1 (one) calendar month from the inception date, renewing monthly on the same day each month (the last day of the month will apply appropriately to each month) provided the monthly premium is paid. For policies of longer duration the period is specified in your Letter of Introduction
Reasonable precautions -all measures that it would be reasonable to expect a person to take in the circumstances to prevent loss, damage or theft of your electronic item
Terrorism means any act of any person or organization involving, causing or threatening harm or putting the public or any section of the public in fear if it is likely that the purpose is of a political, religious, ideological (of an intellectual or rational nature) or similar nature.
Unattended - not within your sight at all times and out of your arms-length reach.
We, us, our - Equity Red Star.
You, your - the person, who owns the electronic item as stated on the application from overleaf.

WHAT WE WILL COVER
Your electronic item is covered for
A. Accidental Damage
We will pay repair costs if your electronic item is damaged as the result of an accident.
B. Theft
If your electronic item is stolen we will replace it.
Where only part or parts of your electronic item have been stolen, we will only replace that part or parts.
C. Accidental Loss If you lose your mobile phone or PDA we will replace it. No other electronic equipment is insured for loss.
D. Breakdown which occurs outside of the manufacturers guarantee period. This cover is not available on computers.

What we will pay (electronic items excluding laptops & PCs)
If £2.49 Premium, the maximum replacement value for any single claim is £150.
If £3.99 Premium, the maximum replacement value for any single claim is £250.
If £5.88 Premium, the maximum replacement value for any single claim is £400.
If £7.99 Premium, the maximum replacement value for any single claim is £1000
If £9.99 Premium, the maximum replacement value for any single claim is £1500
If £14.99 Premium, the maximum replacement value for any single claim is £2500

What We Will Pay (Laptops & PCs)
If £5 Premium, the maximum replacement value for any single claim is £1000
If £6.25 Premium, the maximum replacement value for any single claim is £1250
If £7.50 Premium, the maximum replacement value for any single claim is £1500
If £10.00 Premium, the maximum replacement value for any single claim is £2500

WHAT WE WILL NOT COVER
Your mobile electronic item is not covered for

1. Theft:
   
   • from any commercial vehicle, convertible or soft top vehicle;
     
   • from any motor vehicle where you or someone acting on your behalf is not in the vehicle, unless the electronic equipment has been concealed in a locked boot, locked glove compartment or other locked internal compartment and all the vehicle's windows and doors closed and locked and all security systems have been activated;
     
   • if left on any motor vehicle roof, bonnet or boot;
     
   • from any type of transport except as permitted above; Comment
     
   • from any building, land or premises unless force, resulting in damage to the building or premises, was used to gain entry or exit; Comment
     
   • from your control or the control of any member of your immediate family, except where it has been concealed either on or about the person and not left unattended, or the use of physical force or violence against the person has been used or threatened;
     
   • where the electronic equipment has been left unattended when it is away from your home;
     
   • where reasonable precautions have not been taken;
     
   • if the serial number has been tampered with in any way.
     
2. Loss or damage caused by:
   
   • you deliberately damaging or neglecting the electronic equipment;
     
   • you not following the manufacturer's instructions;
     
   • routine servicing, inspection, maintenance or cleaning;
     
   • the use of accessories.
     
3. Repair or other costs for:
   
   • routine servicing, inspection, maintenance or cleaning;
     
   • loss caused by a manufacturer's defect or recall of the electronic equipment;
     
   • replacement of or adjustment to fittings, control knobs or buttons, batteries or aerials;
     
   • repairs carried our by persons not authorised by us;
     
   • wear and tear or gradual deterioration of performance.
     
4. Any kind of damage whatsoever unless the damaged electronic equipment is provided for repair.
   
5. Any loss involving a SIM (subscriber identity module) card.
   
6. Any expense incurred as a result of not being able to use the electronic equipment, or any loss other than the repair or replacement costs of the electronic equipment unless relating to unauthorized call use for your mobile phone up to the maximum value of £100.
   
7. The first £25 of each theft or accidental damage claim or the first £50 of each accidental loss claim or the first £75 of each claim which occurs outside the UK, Isle of Man and Channel Islands.
   
8. Loss of or damage to accessories of any kind.
   
9. Any loss or damage caused by the failure of any electrical or computer equipment, software, micro-controller, microchip, accessories or associated equipment to correctly recognise and process any calendar date or time.
   
10. If the original SIM card was not in a mobile phone at the time of the loss, damage or theft. Comment
    
11. Reconnection costs or subscription fees of any kind.
    
12. The cost of replacing any personalised ring tones or graphics, downloaded material or software.
    Please note: if you are insuring an item without SIM card capability, all exclusions relating to SIM cards are not applicable.
    
13. War Risk
    Terrorism, war, invasion, acts of foreign enemies, hostilities whether war is declared or not, civil war, rebellion, revolution insurrection, military or usurped power, confiscation, nationalism or requisition or destruction or damage to property by or under the order of any government or public or legal authority.
    
14. Nuclear Risk
    Damage or destruction caused by, contributed to or arising from:
    a. ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or
    b. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or component thereof.
    
15. Sonic Boom
    Damage or destruction directly occasioned by pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds.
    
16. Loss of Data or Software
    Any loss of or damage to information or data or software contained in or stored on the electronic equipment whether arising as a result of a claim paid by this insurance or otherwise.
    
17. Consequential Loss
    Any consequential loss or damage arising from accidental damage, theft, accidental loss, breakdown or from any cause whatsoever.
    
18. Liability of whatsoever nature arising from ownership or use of the electronic equipment, including any illness or injury resulting from it.
    
19. Value Added Tax (VAT) where you are registered with HM Revenue and Customs for VAT.
    

Replacement
This policy offers replacement only and is not a replacement as new policy. If the electronic equipment cannot be replaced with an identical electronic equipment of the same age and condition, we will replace it with one of comparable specification or the equivalent value taking into account the age and condition of the original electronic equipment.

Conditions and limitations
1. Unless we have agreed differently with you, English law and the decisions of English courts will govern this insurance. Any contract will be based in English.
2. This insurance only covers an electronic item bought and used in the UK, the Isle of Man and the Channel Islands. Cover is extended to include use of the electronic item anywhere in the world up to a maximum of 60 days in total, in any single 12 month period, subject to any repairs being carried out in the UK by repairers approved by us.
3. The electronic item must be less than 6 months old (excluding Laptops which must be less than 3 months old) with valid 4. You must provide us with any receipts, documents or proof of purchase, that it is reasonable for us to request.
5. This insurance may only be altered, varied or its conditions altered or premium changed by one of our authorised officials, giving you 30 days notice in writing.
6. We may cancel the policy by giving you 30 days notice in writing. In the event of any claim you are responsible for the payment of any outstanding premium.
7. You cannot transfer the insurance to someone else or to another electronic item without our written permission.
8. You must take all reasonable precautions to prevent any loss or damage.
9. Cover excludes costs or payments recoverable from any party, under the terms of any other contract, guarantees, warranty, or insurance.
10. In respect of monthly policies if the Direct Debit premium payment is cancelled or unsuccessful at any given point, no benefits shall be due whatsoever..

CANCELLATION
Your right to change your mind. You may cancel the insurance, without giving reason, by sending us written notice and returning the insurance documents within 14 days of it starting of (if later) within 14 days of you receiving the insurance documents.
Cancellation after the withdrawal period
If you wish to cancel your insurance and pay monthly you can do so in writing allowing one months notice. For policies of longer duration you are only entitled to cancel within 14 days of receiving your policy documents.

Claims procedure
1. You must:

• notify Supercover Insurance Plc on 0871 222 1130 as soon as possible in any event of any incident likely to give rise to a claim under this insurance
  
• report the theft or accidental loss of any mobile phone or PDA, within 12 hours of discovery to your Airtime Provider and blacklist your handset;
  
• report the theft or accidental loss of any electronic equipment to the Police within 24 hours of discovery and obtain a crime reference number in support of a theft and a lost property number in support of an accidental loss claim;
  
• provide us with details of the claim and any other contract, guarantee, warranty or insurance that may apply to the loss including but not limited to household insurance. Where appropriate a ratable proportion of the claim may be recovered direct from these Insurers.
  

2. If we replace your electronic equipment the damaged or lost item becomes ours. If it is returned or found you must notify us and send it to us if we ask you to.
To help us improve our service we may record or monitor telephone calls.
WARNING:
We will process your claim under the terms and conditions of this insurance based on the first reason notified to us for the claim. If your claim is not covered and you then submit a claim having changed the reason we consider this as fraud. Details of all such cases will be passed to appropriate agencies for action.

WARNING
We will process your claim under the terms and conditions of this insurance based on the first reason notified to us for the claim. If your claim is not covered and you then submit a claim having changed the reason we consider this as fraud. Details of all such cases will be passed to appropriate agencies for action.

Complaints:
We are proud of our reputation for fairness in our treatment of our customers.
However, occasionally disputes or misunderstandings can arise.

Any enquiry or complaint you have regarding your Policy should be addressed to

The Customer Services Director, Supercover Insurance, 204 Cumberland House, 80 Scrubs Lane, London, NW10 6RS. You should provide details of your policy and in particular, your policy number, to help with the speedy handling of your enquiry.

In the event you remain dissatisfied please write to:
Chief Executive of Equity Red Star. Equity Red Star, 52 Leadenhall Street, London, EC3A 2BJ

After this action, if you are still not satisfied with the way a complaint has been dealt with, you may ask the Complaints Department at Lloyd's to review your case. The address is: Complaints Department, Lloyd's, One Lime Street, London, EC3M 7HA
Phone: 020 7327 5693, Fax: 020 7327 5225, E-mail: Complaints@Lloyds.com

Having followed this procedure your complaint can be referred to the Financial Ombudsman Service (FOS).
The address is: South Quay Plaza, 183 Marsh Wall, Docklands. London, E14 9SR, Tel: 0845 080 1800
(These procedures do not affect your right to take legal action if necessary.)

COMPENSATION SCHEME
Equity Redstar Services Limited is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme, if they cannot meet their obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered 100% of the first £2000 and 90% of the remainder of the claim. You can get more information about compensation scheme arrangements from the FSCS.

MOBILE PHONES ONLY- we will offer you a free battery subject to no claims being made within the first 12 month period of cover. 12 consecutive monthly premiums must be paid. The free upgrade is subject to no claims being made within a 24 month period. 24 consecutive monthly premiums must be paid on time. The free upgrade offer is also subject to signing a new 12 month agreement with your service provider and the return of your original handset. If you are not able to upgrade with your service provider, you will not be eligible to receive the free upgrade.
These upgrade offers do not form part of your insurance contract with Equity Redstar Services Limited . If you have any questions or complaints about the upgrade or battery offers, please contact Supercover Insurance Plc, 204 Cumberland House, 80 Scrubs Lane, London, NW10 6RF.
We will keep a record of your transaction and thereby the contract of purchase. Although the transaction details are not available to you, you are able to cancel the contract at any time and thereby stop us protecting your electronic item.

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Non-Underwritten Terms
2u endeavours to give a fair and factual description of the insurance products contained on web pages controlled by 2u. However due to the nature of the internet other websites may have linked to the 2u website after giving an explanation on their own website of the 2u insurance products and in these cases the customer understands that 2u will not be held responsible for the wording of these 3rd party websites. The customer agrees that the wording of other websites is wholly out of the control of 2u and only the wording on the 2u pages will be accepted as a description of the type of insurance the customer will receive. The customer should take up any issues resulting from the wording on other websites with the owners of those websites or through the relevant channels. However please feel free to report anything you find that may be misleading regarding any 2u product to compliance@2u.co.uk
]]>> Duncan Elliott 2008-02-27 http://www.2u.co.uk/2U_terms_include.php
Please note that none of the following terms and conditions affect your statutory rights. These terms and conditions can be changed at any time by Mobile Phone World Ltd without notice.

Customer Services Contact Details
Phone 08707 607 687
Open Monday to Friday 10:00 - 17:00 hrs,
Calls charged at national rates.
Email -

Address -
Mobile Phone World Ltd (Parent Co.)
1st Floor,
7 - 10 Chandos Street,
London
W1G 9DQ,
UK

1. Delivery
In the event of delivery not being possible within 14 days (UK) (21 days elsewhere) of receiving the order, we will undertake to keep you informed of any changes and give you the option to cancel the order and receive full refund of monies paid if that is your desire. We will endeavour to deliver your products as soon as possible.

When items are in stock (either with us or the supplier) we will send orders out to you on the following services:
UK delivery -
Recorded mail - delivery can be expected within 2 working days of placing an order, but on occasion can take up to a week from time of despatch. Please allow 28 days for delivery.
Special Delivery - delivery can be expected within 2 working days of placing an order, but on occasion can take up to a week from time of despatch. Please allow 28 days for delivery.

When the order is not in stock we will first find an approximate delivery date. You will then be contacted with this information and you will have the choice to cancel your order with a full refund of any monies paid or you may choose to continue your order.

When payment details are provided to us and you do not make payment via our secure real time credit card transaction facility we will not process the payment until we know that the order is in stock.

2. Returns
Should you not be entirely happy with your order then please within 7 days of receipt;

1. contact us first by phone on 08707 607 687 (or to return a phone on 0845 655 55 22) - We will then give you the appropriate address to return your product - and
2. email with your intent to cancel AND all your personal contact details as well as the order details (product and order ID), to
   
   and
3. return the product within 7 days of receipt.
   

We will then arrange for a refund or replacement within 30 days.

A replacement will be sent as soon as one becomes available or a refund will be made, on receipt of the returned goods. Contact us BEFORE you return the goods. You must include a copy of the invoice you received with your products, together with your reason for return.
If you are excercising your right to cancel your order withing 7 days, you are responsible for the cost of returning the order.
Refunds:
If the item was in any way broken or faulty on delivery we will resend the product to you.
If you receive the goods in perfect condition and decide to send them back, then you will be refunded the total cost of the order minus delivery costs.

3. Your right to cancel your order
We are so confident with our products, we offer a money back 7 day guarantee. You have the right to cancel your order within 7 working days of receipt of the goods without giving a reason. We will undertake to return your payment within 21 days, in actual fact in situations where the item has not yet been sent we will return your payment straight away, in situations where you have received the order we will return your payment as soon as we receive the item back. You may be responsible for the cost of returning the goods (described in the returns section above) and the initial postage of the item to you.
This does not apply to perishable items.
Certain items may be subject to a re-stocking fee, (typically in the region of £10 - £20).
If you would like to cancel your order in this way then please contact us by phone and email. Our customer services numbers and addresses are shown above.

4. Credit Card Payments
We use secure Web Pages and offer the use of our secure real time credit card transaction server - click here for more information about our security.
We reserve the right to refuse to supply to individuals whose credentials cannot be verified. We will use discretion in these matters and will not authorise payment or supply unless we are completely satisfied that the order is legitimate.

5. Confirmation of your order
Once the order has been placed, we will send you an email of confirmation including products ordered and prices. If the product is out of stock we will notify you and nullify the order.

6. Receipt
The order confirmation will act as a receipt. We will be pleased to provide any additional documentation you may require.

7. Contact.
Unless you object, we may use information you give us to provide you with information about goods and services offered by us and other organisations with which we have a business relationship. We or they may contact you by email, telephone or other on-line or interactive media. If you prefer not to receive such information, you can unsubscribe from all future protional correspondence at any time.

8. Complaints
Complaints should be made initially by e-mail to

and they will be taken up from there. We will normally expect to deal with complaints by email. Complaints will be acknowledged within 5 working days. Your complaint will be dealt with fairly and confidentially. Throughout the period of a complaint about an issue, we will keep you fully informed of progress.

9. . Website Accuracy
9.1. Our website design team work extremely hard to make sure our website is as accurate as possible and in order to achieve this our website is updated on most days.
9.2. However we cannot guarantee the accuracy of information supplied, especially such things as mobile phone handset specifications and network tariffs and special offers, which may change without prior notice.
9.3. Offers displayed on our website remain valid only until 12.00 noon on the last day of each calendar month, this includes tariffs and network special offers.
9.4. Pictures of products are as a representation only and should be used only as a guide. Specifications and/or colours of products may change without prior notice.

10. Contract Phones
10.1 All pay-monthly mobile phones come with a 12-month manufactures warranty. This warranty does not affect your statutory rights which cannot be excluded or restricted at law.
10.2. Additional insurance and extended warranty periods for mobile phone handsets maybe available at an extra cost on certain products.
For details on the '3 Months Free' mobile phone insurance that is an optional gift with your new phone click here. All new contract phones are put on the Executive Policy cover to give maximum protection.
10.3 All mobile phones are delivered by Initial City Link courier service, on a next day service after despatch. All mobile phones require a signature upon delivery. We endeavour to despatch all contract and prepaid mobile phones within 2-3 working days of ordering. Saturday delivery cannot be guaranteed.
10.4 We do reserve the right to provide information to the relevant authorities in the interest of preventing fraud or crime, and offering the services provided.
10.5 All mobile phone and prepaid SIM card connections (excluding prepay handsets) are subject to a 12-month airtime contract. You agree to the relevant network providers terms and conditions as shown on our website and delivered with the mobile phone, in addition to these stated herein. All connections (excluding prepay) are subject to a connection fee (which may or may not be waived, at Mobile Phone World's sole discretion). All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over.
10.6. A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. We will always advise the applicant of any negative credit assessments and connection refusals.
10.7. 2U and Mobile Phone World Ltd cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant.
10.8 You may not change your monthly line-rental price-plan within the first 3 months. To do so will incur a price-plan change fee. Contact us if you wish to change price-plans within this time. After 3 months you may change price-plan at no cost, up to once a month. We recommend you do not change within the first three months as your bills will fluctuate, and you will not be able to make an accurate assessment of the appropriate price-plan to change to, or stay on.
10.9 By filling in the contract form, agreeing to the terms and conditions of pay-monthly phones, and proceeding, you are aggreeing to the full and binding terms and conditions of both Mobile Phone World ltd and the network provider. Signature and acceptance on delivery will be taken as confirmation of agreement.
10.10 Phones and contract connections are dispatched unconnected for security purposes. You will need to call the Dispatch Team on receipt to confirm delivery and request connection activation. Connection can then take up to 48 hours.
10.11 Phones are supplied in conjunction with our supplier.
10.12 You accept that all cashback offers are to be redeemed with our supplier. Full details are sent with every phone.

11. Returning Contract Connections and Contract SIM Connections
11.1. If you are dissatisfied in any way with any contract connection or contract SIM connection you must notify and return it within 14 days of delivery.
11.2. Upon safe return of the full product as supplied we will remit to you a full refund and cancellation of the contract.
11.3. All items must be returned as they were received with the original packaging and full contents included along with original documentation and proof of purchase.
11.4. Where a refund is sought we reserve the right to charge the initial cost of delivery. We will not charge for the initial costs of delivery where the product supplied was not of satisfactory quality.
11.5. Clause 10 does not apply to pay as you go or pre-paid hand set packages.
11.6. 2U and Mobile Phone World Ltd cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant.

12. Mobile Number Portability for Contract Connections
12.1. Please note that due to tariff changes enforced by the mobile phone networks/service providers - on some occassions it may not be possible for you to be connected to the tariff you have chosen if your Number Transfer spans over two seperate calendar months. In this instance you will be offered to be connected to another available tariff of your choice.
12.2 Due to additional costs involved with porting in a number, there may be additional costs involved in purchasing these services. In this event, you will be notified of any price variations, and if there is a price increase, given the right to cancel.

13. Carkits
Certain vehicles require an additional audio boom microphone. This can be purchased directly with our expert when he arrives to install your carkit. The cost of this is usually £20 to £30.

14. Privacy
We believe in protecting your privacy. Read the Privacy Policy for the full details.

]]>> Duncan Elliott 2008-02-27 http://www.2u.co.uk/mobile-phones/tandc_popups/3_terms_include.php 1 Who's Who and What's What  1.1 When we say:  (a) 'we', 'us' or 'our', we mean Hutchison 3G UK Limited, trading as '3'  (b) 'you' or 'your' we mean you, our customer  (c) 'agreement' we mean your agreement with us for the supply of 3 Services.  1.2 We also have set out in the back of the booklet some useful definitions of words we use in these Terms for 3 Services. 2 About your agreement  2.1 Your agreement is made up of these Terms for 3 Services and your Price Plan, along with any other terms laid down in the 3 Services on the Handset, and in documents we have produced, including the List of Services, User Guide and documents we may produce in the future.  2.2 Your agreement is personal to you. You have to do what you've contracted to do, unless we write and say you can do something outside the agreement. Unless we give you permission (acting reasonably), you can't pass your rights or responsibilities to anyone else - even if we give you more than one USIM or you give your Handset to others. It's your responsibility to make sure the USIMs are only used to access 3 Services as permitted in this agreement.  2.3 This agreement does not cover:  (a) any products or services you buy while using 3 Services; or  (b) the supply of your Handset. The manufacturers of Handsets are not related to us. Any terms relating to Handsets will be given to you separately. 3 Minimum term of your agreement  3.1 Your agreement starts when we Connect you to 3. (Note that in the special case where you do not Connect to 3 within a month of registering as a 3 customer and receiving your Handset, your agreement will automatically start at the end of that month)  3.2 (a) If your Price Plan has a Minimum Term, you agree to remain Connected to 3 for that Minimum Term. You have limited rights to end the agreement during the Minimum Term as set out in section 10.  (b) If your Price Plan does not have a Minimum Term, or your Minimum Term has expired, we will supply you with 3 Services until either of us chooses to end the agreement in any of the permitted ways set out in section 10. 4 Variations to your agreement or prices  4.1 We may vary any of the terms of your agreement, including your Price Plan on the following basis:  (a) any updated Price Plans and new terms will be available on our website and on request to 3 Customer Services;  (b) we will let you know at least one month in advance if we decide to discontinue any Price Plan or if we make any variations to your agreement which are likely to be of detriment to you. You can end the agreement for such variations as explained in section 10; and  (c) if you carry on using 3 Services after the variation commences, you will be deemed to have accepted the variation.  4.2 If we offer a range of Price Plans, you may change from your Price Plan to one of a selected range of other Price Plans as agreed with us, provided you contact us to request this at least 2 days before the next billing period. Your new Price Plan will then start in this next billing period. You may not change your Price Plan more than once a month. 5 What we will provide for you  A 3 phone number and USIM  5.1 We will open an account for you and provide you with a USIM and a 3 phone number (and we may agree to provide you with additional USIMs and phone numbers on your request).  5.2 Each USIM remains our property and we may recall it at any time for upgrades, modifications, or when your agreement ends.  5.3 Each USIM may only be used in Handsets which are enabled for 3 Services. Any attempt to use the USIM in other Handsets may result in serious damage to the Handset and may prevent you from being able to use it, including the making of emergency calls. In these instances, we are not responsible for any such damage or usage problems.  5.4 Handsets which can be used to access 3 Services are locked to our network. If you contact us to request that your Handset be unlocked from our network, we will provide an unlocking code, and any Charge for this will be given in the Price Guide. We will do this provided you own the Handset and you ensure that there are no outstanding amounts owing on your 3 account. If the Handset price paid by you is less than the full retail value of the Handset, we will not unlock the Handset until you have paid the difference between your purchase price and the full retail value. 3 Services  5.5 Once you are Connected to 3, we will provide you with access to our 3 Services. The 3 Services will include Premium Services, provided you ask for them and we approve, and may also include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18. You can find more details of all 3 Services in our List of Services.  5.6 You will also be able to upload and send your own content using the 3 Services. You grant us a royalty free, perpetual and world-wide licence to store, transmit or otherwise deal with any content you upload on the 3 Services. If you choose to use the POP3 polling features in our Messaging Services, you are appointing us as your agent for enabling the POP3 polling services to be provided to you.  5.7 We may change or withdraw some, or part, of the 3 Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. You can end the agreement if this variation is likely to be of detriment to you as explained in section 10. Limitations of 3 Services  5.8 We will always try to make 3 Services available to you. However, 3 Services are only available within 3's coverage area (which comprises a video service area and a voice & picture area). Within this, there may be areas where you do not have access to all 3 Services or where coverage is otherwise limited or unavailable. For more information about coverage, visit our website. Disruptions to 3 Services  5.9 There may be situations when 3 Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:  (a) when we need to perform upgrading, maintenance or other work on the 3 network or 3 Services;  (b) when you move outside 3's video service area whilst you are on a call (in this case calls may not be maintained);  (c) when you are outside the UK, or in areas not covered by the 3 network. In these cases, 3 Services relies on other operators' networks where we have no control; and  (d) because of other factors outside our control, such as the features or functionality of your Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions. 6 What you will do in return Secure your PIN, Passwords and USIM  6.1 You must keep your USIM safe and secure. There may be a charge for any replacement USIM, unless, of course, it is defective through faulty design or workmanship.  6.2 You must keep all PINs and passwords secure and confidential.  6.3 You should immediately change your PIN or password if you become aware that someone is accessing 3 Services on your account without your permission. Responsible use of 3 Services  6.4 You may only use 3 Services:  (a) as laid out in this agreement (including the User Guide); and  (b) for your own personal use. This means you must not resell or commercially exploit any of the 3 Services or content.  6.5 You must not use 3 Services, or allow anyone else to use 3 Services, for illegal or improper uses. For example:  (a) for fraudulent, criminal or other illegal activity;  (b) in any way which breaches another person's rights, including copyright or other intellectual property rights;  (c) to copy, store, modify, publish or distribute 3 Services or their content (including ringtones), except where we give you permission;  (d) to download, send or upload content of an excessive size, quantity or frequency so that it causes problems for other users. We will contact you if your use is excessive;  (e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with the 3 network or the networks or systems of others;  (f) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and  (g) to use or provide to others any directory or details about 3 customers.  6.6 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your 3 Services and account.  6.7 We may publish an acceptable use policy which provides more detail about the rules for use of certain 3 Services. If we publish a policy, it may be amended from time to time and you will be able to view it on our website or request a copy from 3 Customer Services. Responsible use of Messaging and Storage Services  6.8 While using the Messaging Services, you must not send or upload:  (a) anything that is copyright protected, unless you have permission;  (b) unsolicited bulk or commercial emails or other unauthorised email, or knowingly send any viruses; or  (c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.  6.9 We may put limits on the use of certain 3 Services, such as Messaging Services or Storage Services. For example, we may limit the size of messages or storage space.  6.10 While we have no obligation to monitor the Messaging Services or Storage Services, if you exceed our use limits or we are made aware of any issues with your use of these 3 Services, we reserve the right to remove or refuse to send or store content on your behalf. Responsible use of Age Restricted Services  6.11 If you are under 18, you are not permitted to access our Age Restricted Services (if any). If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Handset. Responsible use of 3 Services outside the UK  6.12 If you use 3 Services from a country outside the UK your use of the 3 Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations. Paying your bills  6.13 You must pay us all Charges for all 3 Services which are accessed using the USIM(s) we give you, whether the 3 Services are accessed by you or by another person, with or without your permission. If any of your USIMs are lost or stolen (either separately or with any of your Handsets), you remain responsible for all the Charges to your account until you tell us what happened and arrange for your USIM to be deactivated.  6.14 We will send you a bill on a periodic basis and this will usually be done monthly. However, we reserve the right to change this period (and we would give you at least 14-days' notice of this).  6.15 Your bill will normally include your fixed Charges for the next period and any administration fees along with Charges for your use of the 3 Services in the UK in the last period and outside the UK in prior periods. It may also include an amount to repay the cost of your 3-compatible Handset, (depending on the payment scheme you have chosen). Your initial bill may also contain a Connection Charge. VAT will be added to your bill where appropriate.  6.16 You must make your payment by the due date and by one of the payment methods stated on your bill. However, we may also submit an interim bill or require an immediate payment if we think you have exceeded a reasonable limit on your account.  6.17 If you fail to pay your account on time, you will be breaking your agreement and we may Suspend or Disconnect you. In this case, you will have to pay any outstanding Charges.  6.18 We may need to take legal or other collection action against you for non-payment of Charges. This could mean you have to pay our costs and expenses, including legal costs, with interest added daily.  6.19 If you use your Handset to buy goods and services from 3rd parties, you are responsible for paying any bills they may send you. 7 Your Rights Complaints  7.1 If you are unhappy about any aspect of our 3 Services, you should contact 3 Customer Services.  7.2 We will investigate any complaint in accordance with our complaints handling policy, after which we will contact you with the results. Privacy Policy  7.3 You are entitled to ensure that we only use your personal information in accordance with our Privacy Policy. Our Policy does not conflict with the requirements of the Data Protection Act or the Telecommunications Act.  7.4 You agree that in accordance with our Privacy Policy:  (a) we may collect information about the way you use 3 Services, your preferences, your location when using 3 Services, who you contact and who contacts you while you're using 3 Services;  (b) we may use your information to create and maintain data for accounts and billing, provide you with 3 Services, enable you to communicate on our network, collect payments and prevent fraud and improper use;  (c) if you consent, we may conduct direct marketing;  (d) unless you ask us not to, we may include your details in a telephone directory;  (e) calls between you and 3 Customer Services may be monitored and recorded for training and quality purposes;  (f) we may share your information with other members of our group of companies, and with our, or their, partners, associates, agents and contractors and with people who are interested in buying our business. These may include people and companies outside the European Union (EU); and  (g) some of the information we collect about you may be classified as 'sensitive' and we will ask your permission if we wish to use or share this information.  7.5 You must ensure that all your personal details are accurate, complete and not misleading. You must also tell us if your details change.  7.6 You can check our Privacy Policy on our website or in the 'Terms for 3 Services' provided to you. If you have any queries, please contact 3 Customer Services.  7.7 If you use 3 Services from a country outside the UK, the treatment of your personal information may be subject to laws and regulations applying in that country. Identity, credit and fraud checks  7.8 At any time following your request to be Connected to 3, we may ask you to provide some identification to verify your details. We may register and check information about you with credit reference and fraud prevention agencies for the purpose of assessing your credit worthiness and collecting overdue payments as well as managing any fraud issues. You can find more details about our checks in our Privacy Policy on our website. 8 Our Rights - Intellectual Property  8.1 All rights, including copyright in 3 Services and their content, belong to us, or our licensed source, such as a content provider. We reserve all our rights.  8.2 The '3' trademark and other related images, logos and names on 3 Services are proprietary marks of our group of companies. We reserve all our rights. 9 Suspension of 3 Services  9.1 We may Suspend any or all of the 3 Services you use without notice if:  (a) we reasonably believe you have used 3 Services for illegal or improper purposes in contravention of our responsible use requirements in Section 6;  (b) we reasonably believe you have provided us with false or misleading details about yourself;  (c) we advise you that your excessive use of 3 Services is causing problems for other users, and you are continuing to use 3 Services excessively;  (d) you have not paid our Charges on time, or have exceeded an acceptable level of credit;  (e) you have insufficient credit in your account to cover charges you agreed to pay in advance;  (f) we believe your Handset or USIM has been lost or stolen;  (g) we receive a serious complaint against you which we believe to be genuine. If this happens, we will deal with the complaint in the manner set out in Section 7; or  (h) we are required to suspend your 3 Services by the emergency services or other government authorities.  9.2 We may turn off your Messaging Services if they are inactive for an extended period of time, or you have not paid your Charges. In either case, we will have no obligation to maintain any of the content in your Messaging Services, or to forward any unopened or unsent messages to you, or anyone else.  9.3 If we Suspend any or all of your 3 Services, you will still be able to make emergency calls (unless they have been Suspended at the request of the emergency services).  9.4 If your 3 Services are Suspended, we may agree to re-Connect you if you ask us to do so and there may be a re-Connection Charge for this. 10 Ending this agreement and Disconnection of 3 Services  10.1 You may end this agreement in the following ways:  (a) Under the 14-Day Money Back Guarantee You can end the agreement for any reason within 14 days of delivery of your 3-compatible Handset, even if you have started to use 3 Services. You must get in touch with 3 Customer Services to arrange Disconnection within those 14 days. We will refund any fixed periodic Charge you may have paid along with any Connection Charges. You will only have to pay Charges for the use of 3 Services until Disconnection at the applicable rates set out in your Price Plan. (A Cancellation Fee will not be charged).  (b) During the Minimum Term After the 14-Day Money Back Guarantee period has passed, you can end the agreement during your Minimum Term (if you have one - this will be stated in your Price Plan). However, you must pay us all the Charges you owe, plus a Cancellation Fee as set out in your Price Plan. You must contact 3 Customer Services to arrange this.  (c) On 30-days' notice, outside the Minimum Term You can end the agreement if your Price Plan does not contain a Minimum Term, or if you want to end the agreement after your Minimum Term has expired, provided you tell 3 Customer Services at least 30 days before the date you want to end the agreement. Your agreement will finish at the end of the next billing period after the end of the 30-days' notice. (A Cancellation Fee will not be charged).  (d) Within one month of a detrimental variation to your agreement You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Price Plan) which is likely to be of detriment to you. You must tell 3 Customer Services within that month and your agreement will finish at the end of the current billing period (or at the end of the following billing period if there is less than 14 days remaining in the current billing period). (A Cancellation Fee will not be charged).  10.2 We may end this agreement in the following ways:  (a) On 30-days' notice, outside the Minimum Term If your Price Plan does not have a Minimum Term, or the Minimum Term has expired, we can end this agreement by giving at least 30-days' notice of ending the agreement. Your agreement will finish at the end of the next billing period after that time.  (b) Because of your conduct In the following cases, we may end your agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:  (i) if we have Suspended your 3 Services as permitted in Section 9 and we believe that your breach is serious or it has not been rectified;  (ii) we believe that your communications with 3 Customer Services or any of our retailers or agents, or your use of our 3 Services, are jeopardising the operation of the network, or are of an unacceptable nature;  (iii) if we reasonably believe you will not be able to pay your bill. This could result from a failure to pass one of our credit assessments; or  (iv) in the event of your bankruptcy, insolvency or death.  (c) No network access or 3 Services We may end your agreement if we no longer have access to other operators' networks which we need to provide 3 Services, or if we are no longer able to provide 3 Services due to factors beyond our control or because we cease business.  10.3 Once you are Connected to 3, you can only end this agreement in the ways set out in this section 10 (and not in other ways, such as under the Consumer Protection (Distance Selling) Regulations 2000). 11 Effect of this agreement ending  11.1 If this agreement ends, we will close your account and Disconnect you and you will not be able to use the 3 Services.  11.2 You must immediately pay all Charges you owe up to the date the agreement ends. If we end the agreement due to your conduct or if you end your agreement within the Minimum Term, the Charges will include a Cancellation Fee. 12 Liability Limits on our liability  12.1 All of our obligations to you relating to 3 Services are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.  12.2 Except as set out in 12.3:  (a) all other terms, conditions and warranties relating to 3 Services are excluded;  (b) our entire liability to you for something we do or don't do will be limited to £3000 for one claim or a series of related claims; and  (c) we are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of 3 Services. We are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.  12.3 Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can't be limited or excluded by applicable law. Your statutory rights are not affected. 3 Services - Areas where we have no responsibility  12.4 We will try to ensure the accuracy, quality and timely delivery of 3 Services. However:  (a) we accept no responsibility for any use of, or reliance on, 3 Services or their content, or for any disruptions to, or any failures or delays in, 3 Services. This includes, without limitation, any alert services or virus detection services; and  (b) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of 3 Services or their content. They are provided to you on an "as is" basis; and  (c) we are not providing you with advice of any kind (including without limitation investment or medical advice). Where 3 Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.  12.5 We will not be liable:  (a) for any loss you may incur as a result of someone using your PINs or passwords, with, or without, your knowledge (until you change the PIN or password or notify us that your Handset has been stolen or lost); or  (b) if we cannot carry out our duties, or provide 3 Services, because of something beyond our control. Others' content and services - Areas where we have no responsibility  12.6 You may be able to use 3 Services:  (a) to upload, email or transmit content using 3 Services; and  (b) to access content which is not part of the 3 Services or to acquire goods and services which we do not prepare, select, modify or exercise any control over. Where we provide you with access to content which is not branded by 3, all we do is transmit the content to you. We are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.  12.7 This section 12 will apply even after this agreement has ended. 13 Notices  13.1 We will consider that you have received information from us if it is included on our website or directly communicated to you by phone, text message, email or mail, using your most recent contact details given to us. 14 Other terms  14.1 This agreement is governed by English law. Each of us agrees to only bring legal actions about this agreement in a UK court.  14.2 If you, or we, delay, or do not take action to enforce our respective rights under this agreement, this does not stop you, or us, from taking action later.  14.3 If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.  14.4 We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement. No other person (other than our assignee, if any) may benefit from this agreement under the Contracts (Rights of Third Parties) Act 1999.  14.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your 3 phone number for 3 Services.  14.6 You confirm that you have full contractual capacity to agree to the agreement and are able to pay the charges.  14.7 Our registered number is 03885486 (England and Wales) and our registered office is at 9 Queen Street, Mayfair, London W1J 5PE. Glossary  3 Customer Services: our service team who are available to help you with your queries. They can be contacted by calling 0870 7330 333 or by email to customer.services@3mail.co.uk  3 Services: the services offered by 3, including Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we have agreed to provide for you.  Age Restricted Services: any 3 Services which are specified in the List of Services for use only by customers 18 or over.  Cancellation Fee: a fee charged if we end the agreement due to your conduct or if you end your agreement within the Minimum Term. This fee will be set out in your Price Guide and may cover (without limitation) your fixed periodic Charges for the Minimum Term, our administrative costs, costs incurred by us in Connecting and Disconnecting the 3 Services and our payments to operators, network providers, stores or agents.  Charges: charges for access to, and use of, 3 Services as laid out in the Price Guide. These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, Cancellation Fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from you. Connection: the procedure by which we give you access to 3 Services. 'Connected', Connecting', and 're-Connection' have corresponding meanings.  Disconnection: the procedure by which we stop your access to 3 Services. 'Disconnected' and 'Disconnecting' have corresponding meanings.  Handset: the device or mobile handset which is used to access 3 Services, excluding all Accessories.  List of Services: our descriptions of current 3 Services. These may be amended from time to time, and can be viewed on our website or requested from 3 Customer Services.  Messaging Services: any email, fax and voicemail services, SMS and multimedia messaging services, personal information management and other message or communication facilities which let you communicate with others and which are specified in the List of Services.  Minimum Term: the minimum fixed term for supply of 3 Services as laid out in your Price Plan.  Premium Services: any 3 Services in the List of Services which are charged at premium rates. You can only access these 3 Services - such as international calling and international roaming - with our approval.  Price Guide: the document that sets out the Price Plans, our current Charges and related details, including any Minimum Term and payment commitments. This document can be viewed at three.co.uk.  Price Plan: our price plans set out in the Price Guide including 3toGo, Kit on 3 and Caboodle on 3, as well as any other price plans we may introduce in the future. There may be more than one price plan offered to you and you will be required to select one before you are Connected to 3. The price plans may be amended or withdrawn from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services.  Privacy Policy: our policy detailing the kinds of information we may gather about you and how we can use and share it. This policy may be amended from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services.  Storage Services: any 3 Services in the List of Services which offer you storage capacity on the 3 network for storage of content which you access from 3 Services.  Suspension: the procedure by which we temporarily Disconnect your access to the 3 Services. 'Suspend' has a corresponding meaning.  User Guide: our guide which provides an outline of how to use 3 Services. The guide may be amended from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services. There may be more than one User Guide to suit use of 3 Services on different Handsets.  USIM: a card which contains your 3 phone number and enables you to access 3 Services. ]]>> Duncan Elliott 2008-02-27 http://www.2u.co.uk/mobile-phones/tandc_popups/bt_terms_include.php The Service we provide 1. Your application for Service 2. What the Service is 3. When this Agreement and the Service begin 4. Sale of mobile handsets by BT 5. Things we may have to do 6. Monitoring calls and use of your information What you agree to do 7. Your use of the Service 8. Your general responsibilities 9. Accessing the Internet using your mobile handset 10. How you pay for the Service If things go wrong 11. When we may bar or disconnect the Service 12. Dispute Resolution 13. Limitation of liability 14. Matters beyond our reasonable control Changing and ending this Agreement 15. Changing this Agreement 16. Changing your mind 17. Transferring this Agreement 18. When this Agreement ends The other things we need to tell you 19. How to give notice 20. Third Party Rights 21. Law 22. Explanations of certain words If you are entitled to cancel this Agreement pursuant to the Consumer Protection (Distance Selling) Regulations 2000, you may do so at any time up to 7 working days after placing your order for the Services (subject to the following paragraph) or receiving your mobile handset provided that you notify us and CPW in writing of such cancellation and return any equipment (including any accessories which were included in the price of such equipment) supplied by CPW to you undamaged and in its original packaging, together with proof of purchase by sending it recorded delivery to CPW at the address set out in paragraph 18.7.1 CPW agrees to refund you the purchase price of such equipment, if any. Please note that if you do not return all accessories that were included in the price of your mobile handset, CPW shall be entitled to charge you for the cost of the missing items. You will be liable to pay the monthly (or other periodic) line rental charge from the date of connection to the date of disconnection together with all charges for the calls which you have made including any international and roaming call charges which may take longer to be billed. If you do not return the mobile handset and all accessories, if any, as described in this Agreement, CPW may charge you the costs it incurs in collecting it from you. This does not affect your statutory rights. By Activating the Service (as described in paragraph 16) you agree to be bound by these Terms and Conditions. You also agree that once the Service has started with your agreement, you will lose your statutory right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 referred to above. THE SERVICE WE PROVIDE 1. Your application for Service 1.1 You apply for Service in accordance with the terms of this Agreement and you agree that we and/or CPW may credit check your application for Service. 1.2 If we accept your application for Service we will provide you with the Service on the terms of this Agreement. 1.3 If we agree to provide Service to you may nominate up to five (5) additional Secondary Account Members to receive Service under this Agreement. 2. What the Service is 2.1 The Service we supply to you is any or all of the following services provided via a mobile handset: (a) the ability to make or receive voice calls; (b) the ability to send or receive data (including SMS/MMS/e-mail/accessing information from the Internet) ; and (c) any other additional services we may offer. 2.2 The Service includes provision of a SIM Card which will need to be Activated, and may include the sale of mobile handsets and accessories. It is your responsibility to insert the SIM Card into the mobile handset. 2.3 We will use our reasonable endeavours to provide the Service or supply the handset to you by any date we have agreed with you but we do not guarantee to do so and we have no liability for any failure to meet any date. 2.4 The Service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control. 2.5 The Service 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 Service is available. 2.6 If software is supplied under the Agreement, we do not guarantee that it will be error free, but we will correct errors within a reasonable time if they impair performance of the mobile handset. 3. When this Agreement and the Service begin 3.1 This Agreement begins on the Order Acceptance Date. 3.2 Service to you begins on the Operational Service Date. 3.3 Service to each Secondary Account Member will be subject to a separate Minimum Period of Service, commencing on their respective Operational Service Date. 4. Sale of mobile handsets by BT 4.1 If you agree to purchase a mobile handset from us or have a mobile handset supplied by us, this paragraph 4 applies. This paragraph does not apply and we are not liable for any mobile handset, which is supplied by a third party. 4.2 We guarantee the mobile handset for 12 months from the Order Acceptance Date. 4.3 If the mobile handset is faulty during the guarantee period and the fault is due to faulty design, manufacture, materials or our negligence, we will replace or (at our option) repair the mobile handset. 4.4 We do not guarantee the continuing availability of a particular mobile handset but any replacement provided will be of an equivalent or better model. 4.5 Nothing in this paragraphs 4 affects your statutory rights regarding faulty or mis- described goods. 4.6 If you buy the mobile handset from CPW, CPW's standard terms and conditions of sale shall apply. 5. Things we may have to do 5.1 Occasionally we may have to: (a) alter the mobile phone number, or any other name, code or number associated with the Service; (b) temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security; (c) bar certain numbers from the Service on a temporary or permanent basis; (d) reduce the number and length of voice and text messages that can be left on your message service; or (e) give you instructions that we believe are necessary for health or safety or the quality of the Service that we supply to you or our customers. 6. Monitoring calls and use of your information 6.1 We and CPW or either of our agents may occasionally monitor and record calls and any other communications made to us or by us to you relating to customer services and telemarketing. 6.2 We will use the information we have about you and your use of the Service for marketing purposes. We need your consent to do this and will assume we have it unless you tell us otherwise by writing to the BT Customer Correspondence Centre. Please include your BT Mobile Account Number and mobile phone number in any correspondence. 6.3 If we agree to allow you to make international calls or use international roaming we may need to provide your personal information to other companies which may be outside the EU. You should be aware that outside the EU standards of protection for personal information might be lower than those provided by the Data Protection Act 1998. WHAT YOU AGREE TO DO 7. Use of the Service 7.1 We will allocate a number to enable you and any Secondary Account Member to use the Service. The number(s) do not belong to you and may only be transferred to another service provider in certain circumstances. 7.2 We may ask you to demonstrate a satisfactory billing history if you tell us you want to make international calls or use international roaming. If you or the Secondary Account Member use the Service abroad you will be charged for incoming calls. International roaming calls may also take longer to be billed following receipt of the relevant call records from the foreign network operator, or clearing house. 7.3 You must not use, or permit any other person including a Secondary Account Member to use the Service: (a) fraudulently or in connection with a criminal offence; (b) to send and receive calls or send, receive, upload, download, use or re-use any material which, in either case, is offensive, indecent, menacing, nuisance, abusive racist, obscene, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or a hoax call (including to the operators who deal with enquiries concerning the Services) or which is otherwise objectionable or unlawful, or you allow others to do these things; or (c) to cause annoyance, inconvenience or needless anxiety; and, you must take all reasonable steps to ensure that Service is not used in this manner. The action we can take if this happens is explained in paragraphs 11 and 18. If a claim is made against us because the Service is misused in this way you must reimburse us for any sums we have to pay. 7.4 You agree to indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them. You must tell us at the address we notify to you in writing, or by email 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. If we ask you to, you must confirm the details of the claim(s) in writing. 7.5 You or the Secondary Account Member agrees that the Network may allow the display of the mobile phone number(s) on receiving handsets unless you instruct us not to. 7.6 Where the Service enables you or the Secondary Account Member to access Content, you or the Secondary Account Member must: (a) comply with all other instructions issued by us regarding use of Content; and (b) only use Content in a manner that doesn't infringe the rights of others. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited, but you may print or download extracts of Content for your personal use only. 7.7 Any Content 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 Content that you accept we will not be liable for incompleteness or inaccuracies in any Content or any action you take in reliance on Content. 7.8 We may vary Content or the technical specification of Service from time to time. 7.9 You are responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties via the Service. Neither we nor CPW will be a party to or in any way responsible for any transaction concerning third party goods and services. 8. Your general responsibilities 8.1 You agree to pay the Charges shown on the Web Site for the Service. 8.2 You agree that all use of the Service by yourself and any Secondary Account Member will be in accordance with these Conditions and any other instructions we give you. Specifically you also agree that: (a) all factual information provided by you to CPW and us is correct; (b) adequate precautions will be taken by you or any Secondary Account Member to prevent damage to or unauthorised use or theft of the SIM Card(s) or mobile handset(s); (c) the SIM Card(s) remains our property at all times; (d) you or any Secondary Account Member will tell us immediately if the email address you gave us changes by sending an email to the BT Mobile Customer Service e-mail Address; and (e) you or any Secondary Account Member will comply with any Fair Use Policy associated with the Service, details of which can be found on the Web Site. 8.3 If any SIM Card or mobile handset is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner you or any Secondary Account Member will phone us immediately on the BT Mobile Customer Service Phone Number and you will be responsible for any Charges incurred until you have informed us. 9. Accessing the Internet using your mobile handset 9.1 If you or the Secondary Account Member have a mobile handset, which enables access to the Internet paragraphs 9.2-9.4 apply to you and the Secondary Account Member. 9.2 We may provide links to other web sites or resources. Neither we nor CPW accept responsibility for these and do not endorse their Content. 9.3 You understand that all the visual, textual or other information published or otherwise made available and whether publicly posted or privately transmitted on the Internet which you or any Secondary Account Member access using the Service, is the sole responsibility of the person from whom it originated. You are responsible for all such information that you or any Secondary Account Member upload, email or otherwise transmit via Internet access. 9.4 Any dealings with, and interest in promotions, or services found on the Internet by you or any Secondary Account Member using a mobile handset are solely between you or the Secondary Account Member and the person with whom you or they are dealing. Neither we nor CPW will be responsible for any loss or damage that may arise from any such dealings. 10. How you pay for Service 10.1 You will be charged where appropriate, for the mobile handset and / or SIM Card after your application for Service is accepted by us. Further conditions on the Charges are on the Web Site. 10.2 We will require you to pay any Charges for the mobile handset and accessories by credit card and all other Charges by direct debit or any other payment method we agree. 10.3 We will send you a bill by post or where you ordered Service on-line if available we will send you an e-mail advising you when your bill is available for you to view on the Web Site. In order to view your bill on Web Site you will need to use the billing and account management functions on the Web Site. We will request a direct debit or credit card payment to cover your bill no earlier than five days from the date of the bill or email we send you. 10.4 In the event that a direct debit payment is not authorised and/or your bill has not been paid within 7 days of the date on the bill then we may charge daily interest on any late payments at a rate equal to 4% per annum above the base lending rate of HSBC Bank plc. 10.5 We may apply a usage limit to your account (which we may alter by advising you) and we may bar your Service if this limit is exceeded. As our billing system is not instantly updated each time you use the Service it is possible, especially when making international calls or using international roaming, to exceed your usage limit. You will be liable for all Charges incurred including any Charges exceeding your usage limit. Where you have exceeded your limit we may ask you to make an interim payment. Where Service has been barred you will be asked to pay any Charges incurred in excess of your usage limit before Service is reinstated. 10.6 All calls will be itemised on your bill or on the Web Site, unless requested otherwise. 10.7 The Charges may include your use of any third party Content, and these Charges will be itemised on your bill. 10.8 Any adjustments to your bill for one month will be made in the bill for the following month. IF THINGS GO WRONG 11. When we may bar or disconnect the Service 11.1 We can bar or disconnect you or Secondary Account Member(s) from making calls (other than to the emergency services) if: (a) you have failed to get the Service Activated within 14 days of the Order Acceptance Date; (b) any of the circumstances in paragraphs 5, 7.3 or 10.5 above apply to you or any Secondary Account Member; or (c) in the event of loss or theft of your or any Secondary Account Members SIM Card or mobile handset; or (d) you are in breach of this Agreement or if we have reasonable cause to suspect fraudulent use of your or any Secondary Account Members SIM Card or mobile handset. 11.2 You may be required to pay any outstanding Charges if the Service is temporarily barred and/or you or Secondary Account Member(s) are disconnected from the Network for the reasons stated in paragraph 11.1. We may require you to make proper arrangements for the payment of such Charges. 11.3 If we have barred or disconnected the Service we will not re-provide it unless you do what you have agreed to do, or satisfy us that you will do so in future, or that the Service will not be used again in a way that is forbidden. 11.4 If we bar Service because you or any Secondary Account Member are in breach of this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is ended by notice under paragraph 18. 12. Dispute Resolution 12.1 If we cannot resolve any dispute with you, you can refer the dispute to any recognised dispute resolution service of which BT is a member, subject to the scope and terms of reference of such a service. Details of how to refer a dispute are set out in our Code of Practice for Consumers which is available by contacting the BT Mobile Customer Service Phone Number. 13. Limitation of Liability 13.1 We cannot guarantee that the Service will never be faulty. 13.2 We accept unlimited liability for death or personal injury resulting from our own negligence. paragraphs 13.3 and 13.4 do not apply to such liability. 13.3 We are not liable to you either in contract, tort (including negligence) or otherwise for any direct or indirect loss of profits, business or anticipated savings, nor for any indirect loss or damage or for any destruction of data. 13.4 If we are found liable to you our liability is limited to £3000 for any one incident or series of related incidents and to £6000 for all incidents in any period of 12 months. 13.5 Each provision of this paragraph 13 operates separately. If any part is found by a court to be unreasonable or inapplicable the other parts will continue to apply. 14. Matters beyond our reasonable control 14.1 If either of us or CPW cannot do what we have promised in this Agreement because of something beyond our reasonable control, then we will not be liable for that failure to perform. 14.2 In the event of: (a) a refusal or delay by a third party to supply us with a mobile telecommunications service and where there is no alternative service available to us at reasonable cost; or (b) the imposition of legal or regulatory restrictions which prevent us from supplying Service. then we will have no liability to you for failing to do so. CHANGING AND ENDING THIS AGREEMENT 15. Changing this Agreement 15.1 We may change this Agreement and the Charges at any time. Any changes will be shown on the Web Site. 15.2 You must tell us promptly by calling us via the BT Mobile Customer Service Phone Number if you change your name or address or email address or there are any changes to your bank account that may affect your payment of the Charges. 16. Changing your mind 16.1 You may cancel this Agreement at any time before the end of the Customer Satisfaction Guarantee Period if: (a) neither you nor any Secondary Account Member has Activated the Service, and you return your SIM Card(s) and mobile handset(s) and any other accessories. You will be refunded all Charges; or (b) where the Service has been Activated you will be charged for all relevant call Charges and pro rata Charges from the Operational Service Date. 17. Transferring the Agreement 17.1 You cannot transfer or try to transfer this Agreement or any part of it to anyone else unless we give you our written permission. We can transfer our rights and obligations (or both) under this Agreement or any part of it to a BT Group Company without your permission. 18. When this Agreement ends 18.1 In addition to anything else we can do, we can end the Agreement at any time if: (a) you failed to get the Service Activated within 14 working days of the Order Acceptance Date in which case clause 3.6 of CPW's standard terms and conditions of sale shall apply. (b) you fail to pay Charges when they are due, including any deposit we have asked for or if you break this Agreement in any other material way; (c) we have reasonable cause to believe that Service is being used in breach of paragraph 7.3; or (d) you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or you go into either voluntary or compulsory liquidation or a receiver is appointed over your assets. 18.2 This Agreement may be ended by: (a) one month's notice from us to you; or (b) 7 day's notice from you to us. You must pay all Charges incurred during the Agreement. 18.3 If this Agreement is ended either in accordance with paragraph 18.1 (a) above or during the Minimum Period and after the Customer Satisfaction Guarantee Period has expired you must pay the outstanding Charges up to the end of the Minimum Period including any outstanding call Charges. This does not apply if you end the Agreement for the reasons in paragraph 18.4. 18.4 You may end this Agreement at any time by giving us written notice if: (a) we break this Agreement in any way and we do not correct the situation within 14 days of your request to do so; (b) we go into liquidation or a receiver is appointed over our assets; or (c) we have increased our Charges by a material amount or materially changed the conditions of this Agreement to your detriment. 18.5 The ending of this Agreement by either party will also include the ceasing of Service to any Secondary Account Members. However, ceasing only of Service to any Secondary Account Member will not end this Agreement, but you must pay any outstanding Charges for the ceased Secondary Account Member up to the end of the appropriate Minimum Period, including call Charges. 18.6 If you break this Agreement, and we choose to overlook it, we can still end it if you break this Agreement again. 18.7 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 6 months and the relevant tariff includes a subsidised handset, you must, in addition to paying any other Charges, either: 18.7.1 return the mobile handset to CPW by sending it recorded delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, W Midlands, WS10 7JN at the same time as giving us and CPW notice that you wish to end this Agreement; or 18.7.2 keep the mobile handset, in which case you agree to pay CPW the handset-only retail price (up to £250) being the purchase price (the "Purchase Price") of the mobile handset 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 handset is not returned to CPW in accordance with paragraph 18.7.1 above. OTHER THINGS WE NEED TO TELL YOU 19. How to give notice 19.1 Save as otherwise provided in this Agreement, any notice under this Agreement must be in writing and sent by post or by email, unless otherwise agreed: (a) to us either at the BT Customer Correspondence Centre or on the BT Mobile Customer Service e-mail Address; (b) to you at the email or postal address stated in your application or any subsequent e-mail address you supply to us for this purpose. References in this agreement to "in writing" also include by SMS, which we or CPW may send to your mobile phone number. Notices given by post shall be deemed to have been delivered 48 hours after posting and notices given by e-mail or SMS shall be deemed to have been delivered the day after the day the notice is sent. 20. Third Party Rights 20.1 Other than CPW, third parties cannot benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999. 21. Law 21.1 This Agreement is governed by English law. 22. Explanations of certain words "Account Holder" means the person we make this Agreement with. "Activated" means the enabling of the Network to allow you to make calls to and from your mobile handset/SIM Card. "Agreement" means in order of precedence, these Conditions, and the information on the Web Site. "BT Customer Correspondence Centre" whose address is T.V.T.E, Gateshead, NE11 OZZ. "BT Group Company" means a BT subsidiary or holding company, including without limitation a holding company of BT, or a subsidiary of any such holding company, all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989. "BT Mobile Account Number" means the unique account identifier allocated to the Account Holder which is found on the bill for Service. "BT Mobile Customer Service e-mail Address" means: mobiles@bt.com. "BT Mobile Customer Service Phone Number" means 0800 0322111 or 150 from your BT mobile handset or any other handset using your BT SIM Card, available from 8am to 10pm, 7 days a week, 365 days a year. Lost or stolen SIM Card(s) and or mobile handset(s) can be reported on the same phone number 24hrs a day, 7 days a week. "Charges" means the charges for the Service(s) described on the Web Site. "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 The Carphone Warehouse Limited of North acton Business Park, Wales Farm Road, London, W3 6RS. "Customer Satisfaction Guarantee Period" means the first 14 days from the Order Acceptance Date during which time you may decide to end this Agreement. "Fair Use Policy" means the policy as defined on the Web Site. "Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite. "Minimum Period" means the first 12 months of the Service beginning on the Operational Service Date. "MMS" means MultiMedia Message Service. "Network" means the mobile telecommunication system over which Service is provided. "Order Acceptance Date" means the date upon which BT accepts your order for the Service. "Operational Service Date" means the date or dates when your Service and/or the Service of any Secondary Account Member is Activated. "Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content. "Secondary Account Member" means the person(s) nominated to use the Service by the Account Holder. "Service" means the service, or where appropriate, part of the service we provide. "SIM Card" means the card we provide as part of the Service. "Web Site" means: www.bt.com/btmobile "SMS" means Short Message Service. "We" and "us" means British Telecommunications plc (BT) of 81 Newgate Street, London EC1A 7AJ registered in England No. 1800000. "You" means the Account Holder. It includes a person who we reasonably believe is acting with the Account Holder's authority or knowledge. ]]>> Duncan Elliott 2008-02-27 http://www.2u.co.uk/mobile-phones/tandc_popups/o2_terms_include.php You may cancel this Agreement up to 7 days after placing your order for the Services ( the “Trial Period” ) as long as you notify us in writing of such cancellation and return your Mobile Phone undamaged, with proof of purchase, in the original packaging (including any accessories which were included in the price of your Mobile Phone) within the Trial Period to us by sending it by recorded delivery to the address set out at Clause 8.5.1. Please note that if you do not return all accessories that were included in the price of your Mobile Phone, we shall be entitled to charge you for the cost of the missing items. You will be refunded the price of your Mobile Phone, if any. You will be liable to pay the monthly (or other periodic) line rental charge from the date of c