Summary
a. These terms and conditions apply to your use of the O2 100% Mobile portal. You should ensure that you read these terms and conditions carefully as your use in any way of the Service constitutes your agreement to all terms, conditions, and notices contained or referenced herein. These terms and conditions can also be viewed and printed at www.playerx.com. You also agree to be bound by Telefonica O2 UK Limited's general terms and conditions located at http://www.o2.co.uk/termsconditions, which also relate to your use of the Service. If you do not agree to these terms and conditions please do not use the Service.
b. The Service is provided to you by Player X Ltd, 53 Frith Street, London W1D 4SN, UK.
c. You will access the Service via O2 Active. If you have problems accessing O2 Active you can contact O2 by calling your usual O2 customer service number.
Use of 100% Mobile
a. You are allowed to visit, use and/or license Games from O2 100% Mobile provided that all such usage is in accordance with the Terms detailed here.
b. Games are only made available to subscribers to the O2 network in the UK.
c. If you are aged 16 or under, you must get your parent/guardian's permission before you access or use any of the facilities of O2 100% Mobile.
d. We reserve the right to alter or withdraw selected services of O2 100% Mobile or individual Games without notice to you and without any liability to you or any other party.
e. We may amend the terms and conditions from time to time. It is your responsibility to check for these changes.
f. The intellectual property associated with the 100% Mobile site is owned by us, or by our respective licensors. You may access all of the pages for personal use, but must not use any of the pages, or contents thereof, including but not limited to images, logos, text and animations, in whole or in part, to make any derivative works.
g. O2 100% Mobile is provided "as-is", and neither O2 or ourselves make any warranties of any kind, whether express or implied, in relation to O2 100% Mobile, and any order placed through the site. To the fullest extent allowed by applicable law, we expressly disclaim all other warranties, conditions and other terms, whether express or implied, written or oral, with respect to O2 100% Mobile and the Games including any warranty, condition or term of merchantability, fitness for a particular purpose, or non-infringement.
h. To the fullest extent allowed by applicable law, O2 or ourselves will not be liable for indirect, special or consequential damages arising out of your use of or inability to use O2 100% Mobile or the Games including but not limited to economic loss, damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such loss or damages arise in contract, negligence, tort, statute or otherwise.
i. You will indemnify us against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred as a result of any claim resulting from your use of O2 100% Mobile in breach of these Terms. We will notify you of any claim received, and you hereby provide us with full authority to defend, compromise or settle such claims and you will provide us with all reasonable assistance necessary to defend such claims, at your sole expense.
j. These terms will be governed by English law and, to the fullest extent permissible, you consent to the jurisdiction of the English courts.
Game Purchase
a. Purchase of access to a Game is carried out within the Game. We reserve the right to vary the nature of the purchase offers on each Game from time to time.
b. Game access is offered from a range of options, please see details below:
i. Outright purchase whereby you pay a single fee once to download and own the game forever
ii. Pay per play whereby you pay a single fee to play a single session of the game. When the session is over the game is locked and cannot be accessed again unless you pay for another session or use a different payment option to access the game.
iii. Rental whereby you pay a single fee to have access to the game for a 24 hour period. You can access the game for an unlimited number of sessions during the 24 hour period. When the 24 hour rental period is over the game is locked and cannot be accessed again unless you pay for another session or use a different payment option to access the game.
iv. Subscription whereby you pay a monthly recurring fee to access the game at all times. You can cancel their subscription at any time and you will not be further charged. The subscription will not be cancelled automatically but you will be reminded every month that you are charged. There are three ways to cancel a subscription. 1) from My Account within the game; 2) from My Account on the O2 100% Mobile portal, or 3) by sending STOP to 31008. Since subscriptions run for whole months, you can play the game after you cancel the subscription - the last day you can play will depend on when you started your subscription.
Required Information
a. The operator of the O2 100% Mobile site is Player X Limited, 53 Frith Street, London W1D 4SN, UK.
b. Goods supplied for sale through O2 100% Mobile consist of those Games compatible with your mobile handset.
c. Pricing of the Games shall be that advertised on the O2 100% Mobile site, and offered within the Games themselves. These prices are inclusive of Value Added Tax at 15%.
d. Browsing of the O2 100% Mobile site is subject to your normal data tariff with O2. Download of Games and any connection made from within a Game are free of charge.
e. Payment for Games will be through your O2 account, either Pay and Go or Pay Monthly. Payments will be charged to your account at the time of purchase. For Game subscriptions, regular charges will be made to your account, on the monthly anniversary of your initiation of the subscription, until you explicitly cancel that subscription.
f. Cancellation of payments is as described in section 2 of these terms and conditions.
g. With the exception of billing for Games purchase, there are no premium rate charges associated with this service.
h. The price charged for access to a Game is fixed at the time of purchase. Prices may vary from time to time.
i. The term of your licence for usage of a game is determined by the type of access for which you have paid, as defined in section 3 of these terms and conditions.
Returns and Refunds
a. Payments for Game access are made exclusively from within a Game. No charges are associated with Game download.
b. To cancel access to a Game or to claim a refund on a Game for which you have previously paid for access, email o2cpcsupport@playerx.com, providing your name, the name of the game and your mobile number. We will provide you with an initial response within two working days.
c. You acknowledge that you cannot have recourse to the EU Distance Selling Directive (Directive 97/7/EC) or the Consumer Protection (Distance Selling) Regulations 2000 to cancel or return a Game once you have started downloading the Game to your handset. This does not affect your other statutory rights.
Game Licence
a. You may download, save and play each Game licensed from us only to your current mobile phone for your private and personal use only. You may not save a Game anywhere else; edit, modify, de-compile or reverse-engineer a Game; copy, distribute, forward or sell a Game to anybody else or allow anybody else to access a Game, whether on your phone or otherwise. If you do so, or attempt to do so, you will be in breach of this licence and we reserve the right to terminate this Licence and claim damages from you for such breach.
b. You must configure the settings on your mobile phone to ensure that you can receive the Games that you have selected.
c. Without limitation, O2 or ourselves shall not be liable in any way for failures, defects or delays in the delivery of the Games which are caused by one or more of the following reasons:
i. Your mobile phone is not configured correctly (including access to any WAP gateways);
ii. Your phone memory is full; or
iii. any other reason outside our reasonable control
d. Additionally, you recognise and acknowledge that access to and delivery of the Games and their performance are subject to the enabling technologies on which your mobile phone and the Game are based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of your mobile phone. A Game will not be considered defective due to any of the above reasons. In the event that you change your phone, you are entitled to re-download any Game you have previously purchased, subject to:
i. your remaining on the O2 network, and
ii. your mobile number remaining the same, and
iii. the new handset supporting the Game(s)
Privacy and Personal Information
a. You confirm that any member of the Player X Ltd and O2 UK Ltd. and any company which may succeed our businesses, may use and share information you provide and other information Player X Ltd holds about you for account management, market research and the marketing of O2UK and Player X Ltd products and services. This may include contacting you by post or telephone or, in the case of Users in the UK only, by email or SMS unless you tell Player X Ltd you don’t want to be contacted in any of these ways. The information you provide on registering for the Service will be collated by Player X Ltd and, where you have given your consent, may be provided to O2 UK so that O2UK can manage your account
b. Please see privacy policy for further details available on www.playerx.com
Termination of Access to Games
a. In the event that you breach any of these terms and conditions for the use of O2 100% Mobile, we reserve the right to deny you further access to the site and to any of the Games on your handset that you have not purchased outright. In these circumstances, we will terminate any outstanding game subscriptions that you may have. If you feel you are being unfairly treated, you should contact us by email o2cpcsupport@playerx.com, providing your name and your mobile number. We will provide you with an initial response within two working days.
b. When a Game is withdrawn from O2 100% Mobile, we reserve the right to deny you further access to that Game on your handset if you have not purchased the Game outright. Any outstanding access period to the Game, through Rental or Subscription, will be honoured. In the event that you are subscribing to a Game, we will terminate your subscription to that game, informing you by text message that we are doing so.