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02 Mobile TV Service Terms & Conditions

(Applicable to the O2 TV Pack & Sky Pack)

  1. Agreement

    These Terms and Conditions are the terms and condition on which the O2 Mobile TV Service (“O2 TV Service”) is made available to you. Your use of the O2 TV Service is subject to these terms and conditions and they are in addition to the Sky Mobile TV Service Terms if you access and use the Sky Pack. These terms and conditions are also in addition to any other terms and conditions that apply to your mobile phone service, including terms and conditions that you have signed up to for any Additional Services that you subscribe to, the O2 Acceptable Use Policy, the terms and conditions of any applicable Price Plan(s) all of which together constitute a legally binding agreement (“Agreement”) between you and O2. You will be deemed to have accepted these terms and conditions when you use the O2 TV Service.

  2. Definitions

    In this Agreement the following words and expressions have the following meanings:

    • “Additional Services” means all goods, products, value-added and other services provided by O2 in addition to its cellular telephone service to the extent that they are available and have been contracted for by you;
    • “Content” means TV programmes, images, photographs, graphics, music, video, sounds, information, text, data, communications, games and software or any other material supplied by O2 or third party Content Providers and which is contained on or available as part of the O2 TV Services;
    • “Content Provider” means an individual company with whom O2 has entered into an agreement in order to make Content available on a mobile device;
    • “O2” means Telefónica O2 Ireland Limited;
    • “O2 TV Pack” means the bundled Content owned by O2 or sourced from Content Providers (excluding the Content in the Sky Pack) and retailed by O2 over the O2 TV Service;
    • “O2 TV Service” means the O2’s mobile TV service that includes (i) the O2 TV Pack provided by O2 and (ii) the Content element of the Sky Pack retailed by Sky and (iii) the data element of the Sky Pack provided by O2, that is streamed to your mobile phone over the internet in consideration for the Pass Fees;
    • “Pass” means your pass granting you to access to either (i) the O2 TV Pack, and/or (ii) the Sky Pack, as part of the O2 TV Service;
    • “Pass Fees” means the applicable charges to be paid by Customers for accessing either (i) the O2 TV Pack, and/or (ii) the Sky Pack, as part of the O2 TV Service, for further details see www.o2.ie. For the avoidance of doubt this charge excludes Network Charges.
    • “Pass Period” means either 24 hours or 30 consecutive days depending on which Pass you choose;
    • “Privacy Policy” means O2’s Privacy Policy available at www.o2.ie;
    • “Sky Pack” means the bundled Content owned or sourced and retailed by Sky over the O2 TV Service;

  3. O2 TV Service

    The O2 TV Service allows you to watch one or more streamed live TV channels, looped TV channels and video on demand on your mobile phone.

    The O2 TV Service is subject to 3G coverage, 3G handset capability and continuous network availability. We will use reasonable efforts to make the O2 TV Service available to you at all times. Both quality and availability of the Service are affected by a range of factors, including the accessibility of Content, your device, the configuration of your device settings, network availability including the internet and the O2 mobile network. To ensure you can successfully access the O2 TV Service and to ensure you avail of the O2 advertised data rates for the O2 TV Service, your browser must use the “internet” settings (APN) with proxy set to ON while your streaming video player must use the “internet” settings (APN) with proxy set to OFF. If your streaming player doesn’t use the correct settings (APN), then you will be charged for the data you use for watching the O2 TV Service, and not the advertised rates.

    Not all programmes shown on the broadcast versions of these channels will be available on the O2 TV Service. All channels and programmes are subject to change, may differ from TV broadcasts and may be modified or made for mobile.

    You can view the Content as much as you want during your Pass Period subject to the O2 Fair Usage Policy. Stopping or restarting a channel does not extend the available time for viewing.

  4. Acceptable Use Policy

    You understand that you are responsible for all activities that take place as a result of access to the O2 TV Service via your Account (whether authorised by you or not). Your usage of the O2 TV Service is subject to O2’s Acceptable Use Policy which can be seen at www.o2.ie. Content Providers may also have Acceptable Use Policies which are particular to them, you should familiarise yourself with these policies.

  5. Payment

    O2 TV Pack Only

    You can access the O2 TV Pack for either 24 hours or 30 days (the terms for each of these are set out below).

    The O2 TV Pack allows you to watch your chosen channels over your chosen Pass Period in return for the Pass Fees. Pass Fees are payable in advance and will be collected with your next bill for Bill Pay or immediately for Pre Pay customers. The Pass Fees are inclusive of VAT.

    At the end of your first and each subsequent monthly Pass Period, we will automatically renew your monthly Pass and collect your Pass Fees from your next bill if you are a Bill Pay customer or immediately if you are a Pre Pay customer, unless you tell us that you wish to cancel your Pass before the next Pass Period begins.

    Where we offer you a free promotional period (or other free offer) you can cancel your Pass without charge by cancelling your Pass before the free promotional period ends. We may extend or terminate any free promotional period at any time at our discretion.

    Other than as described above, you can end your Pass at any time but the change will not take effect until your current Pass Period ends and we will not reimburse any of your Pass Fees in that case.

    We may charge a reasonable administration fee if you want to change your Service and we allow this.

    We may change your O2 TV Pack Pass Fees at any time by giving you at least 30 days notice. We may also increase your O2 TV Pack Pass Fees without notice if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Pass Fees directly or our pricing structure directly.

    O2 TV Pack and Sky Pack

    Data charges may apply where your usage on either the O2 TV Pack or Sky Pack exceeds O2’s Fair Usage Policy and, if applied, will be additional to the cost of your Pass.

    If you pay your Pass Fees by Direct Debit or credit card, O2 may alter your Direct Debit or credit card instruction if your Pass Fees changes for any reason. We may also charge any other payment due under this Agreement under your Direct Debit or credit card instruction together with any other payments which you agree that we may charge under that instruction.

  6. Restrictions

    You can only access the O2 TV Service if you are resident in the Republic of Ireland.

    The O2 TV Service Content is provided for personal non-commercial use in the Republic of Ireland only on the O2 network and you will not be able to transfer content to any other equipment or device.

    You must not copy, reproduce, republish, post, sell, broadcast, transmit or make any Content or the O2 TV Service available to the public or authorise or assist any one else to do so. You must not authorise or assist any third party to use the O2 TV Service for any improper or unlawful purpose.

    You agree to follow our reasonable instructions concerning your use of the O2 TV Service.

  7. Trade Marks

    O2, our Content Providers and other third parties will have trade marks which will be visible via the O2 TV Service. These Trade Marks are the property of their respective owners and you shall not use these Trade Marks except where expressly permitted to do so by their respective owner.

  8. Fair Usage Policy

    It is important to O2 that all eligible O2 customers are able to access our services. Accordingly, we have devised a fair use policy which applies to the O2 TV Service. O2 may rely on this fair use policy where your usage of the O2 TV Service is deemed excessive or unreasonable. If, at the absolute discretion of O2, O2 is of the opinion, that your usage of the O2 TV Service materially exceeds acceptable levels over any relevant period, O2 may contact you to advise you that your usage is excessive. If such excessive usage continues after receipt of a request to desist from or alter the nature of such usage, O2 reserves the right to charge you for the excessive element of your usage at your price plan's standard rate or at O2’s absolute discretion, to suspend, modify or restrict your use of the O2 TV Service or to withdraw your access to the O2 TV Service.

  9. Suspension and Termination

    We may suspend, or terminate your access to the O2 TV Service at any time if:

    • you fail to pay us any sums due under this Agreement or any other agreement with us;
    • your usage is contrary to O2’s Acceptable & Fair Use Policies;
    • you breach any of the terms of this Agreement or any other agreement with us.
    • We will not refund any Pass Fees you have made if we suspend or terminate your access to all or any part of the O2 TV Service because of any breach by you of this Agreement.
    • If any other agreements between us are terminated or are suspended, your access to the O2 TV Service will, at O2’s sole discretion, also end or be suspended (as applicable) immediately.
    • If you want to cancel your Pass for the O2 TV, go to the “My O2 TV” section on the O2 TV Service and click on “Pass Management”. Alternatively you can cancel your Pass by calling 1745.
    • O2 shall be entitled to amend or suspend or discontinue the O2 TV Service at any time, or amend these terms and conditions without notice for any legitimate commercial, technical or operational reason. We may suspend your use of the O2 TV Service where any Pass Fees remain outstanding, such as where your credit card has not been authorised for the purposes of your Pass.

  10. Data Protection

    O2 may use the data relating to you, which is collected as part of this service or as part of your general agreement with O2, for the purposes outlined in our Privacy Policy and to provide you with information on promotions or offers of products and services which we feel may be of interest to you, including those offered by our partners, by telephone, post, email, and directly to your mobile and you explicitly consent to such contact. If you do not wish to receive such information please contact O2 Customer Care and inform us of your preferences. O2 may share your data with its holding companies, group companies, service providers, agents and dealers for these purposes.

  11. Roaming

    The O2 TV Service is not available while Roaming. You will have access to O2 TV but not the Content. Roaming charges will still apply to your access to the O2 TV Service when not on the O2 Network.

  12. Exclusion of Liability

    Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter that we cannot exclude or limit as a matter of law.

    O2 will have no liability to you (or to anyone claiming through you) for any direct, indirect, special, incidental or consequential loss (including loss of profit, loss of information, damage to or corruption of data) (whether or not forseeable) whether caused by tort (including negligence), breach of contract or otherwise as a result of:

    • the suspension or non-availability (for whatever reason) of the O2 TV Service or any part thereof; or
    • termination of this Agreement; or
    • errors, bugs or viruses present in or arising from your use of O2 TV Service that are not directly caused by or attributable to us; or
    • us, our employees and/or agents (i) where there is no breach of a legal duty of care owed to you by us or any of our employees or agents; or (ii) where the loss or damage is not a reasonably foreseeable result of any breach of a legal duty of care owed to you by us, any of our employees or agents.
    • failure, interruption, delay or the non availability of any particular Content or Content Provider; or
    • failure by you to follow our reasonable instructions or regulations for using the O2 TV Service; or
    • any incompatibility of or with any software, hardware or material on your mobile phone to access the O2 TV Service; or
    • any Content supplied by Content Providers or any product or service advertised, promoted, offered or sold by third parties for use in connection with the O2 TV Service;
    • We will not be liable to you if we are unable to perform our obligations under this Agreement because of any factor outside of our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war or governmental action.
    • O2 TV will allow you to access the streamed TV Content of Content Providers, who have entered into specific agreements with O2 to make their Content available to you on a Pass Fees basis. O2 does not select the Content provided by the Content Providers and is not responsible for their availability, or any Content or subject matter. We do not accept any liability under this Agreement for any product or service advertised, promoted, offered or sold by third party service providers on the O2 TV Service. The Content on the O2 TV Service is provided by third parties and O2 does not endorse such Content nor accepts any liability whatsoever and makes no representations or warranties in relation to the accuracy or completeness of such information. The availability of such Content is outside of our control and we will not be responsible for any suspension or loss of such Content.
    • The Internet is a public and open network and O2 makes no warranty that any Content you access will be free from viruses or any other harmful components. You should take the necessary precautions and security measures to protect against viruses and other harmful components. O2 is not responsible or liable for any breach of security, loss of, misappropriation or misuse of data (including without limitation, unauthorised copying of data) or fraud, or any claims or legal proceedings whether in contract, tort including liability for negligence, incidental or consequential damages and or loss (including without limitation loss of profits, or loss of use of loss of data) in connection with your use of the O2 TV Service.
    • Except as expressly set forth in this Agreement, all conditions warranties and representations implied by statute, common law or otherwise in relation to the provision of the O2 TV Service are hereby excluded to the fullest extent permitted by law.

  13. Changes to the O2 TV Service

    The available Content changes regularly and O2 reserves our right to change, alter, vary, replace or withdraw our range of available Content, Content Providers and/or any facilities available at any time without notice to you. O2 can vary or withdraw the O2 TV Service but will notify you if, as a result of any such change, your Pass Fees changes.

    We may change these terms and conditions at any time and any amendments can be viewed on www.O2.ie.

  14. Third Parties and Advertising

    O2 may display, or allow other third parties to display, advertising and other information on the O2 TV Service or any element of the O2 TV Service. Unless we expressly state otherwise, your correspondence or dealings with, or participation in promotions of, advertisers found on or through the O2 TV Service are solely between you and those advertisers.

  15. General

    If any provision of this Agreement is held invalid or unenforceable in whole or in part the impugned provision (or part thereof) shall be deemed deleted from this Agreement, such invalidity shall not affect the enforceability of any other provisions hereof (including the remainder of the affected provision) which shall continue to apply.

    We can transfer our rights and obligations under the Agreement to any third party so long as it does not adversely affect your rights under this Agreement.

    Your Pass and this Agreement is personal to you. You may not transfer it or your rights or obligations under this Agreement to anyone else.

    This Agreement and your use of the O2 TV Service shall be governed by the Irish courts and construed in all respects according to the laws of Ireland.