O2 New Draconian Terms & Conditions

MoneySavingSpender

I feel stupid here, but where does it say EXACTLY that they can record phone calls and do what they like with the information?

redux

MoneySavingSpender wrote:

I feel stupid here, but where does it say EXACTLY that they can record phone calls and do what they like with the information?

It doesn't. People are making these fears up.

MoneySavingSpender

Location based information isn't that surprising considering the services have been around for years, I just wish O2 was more specific and asked out permission.

I'm 4months into an O2 contract does this means I have the grounds to cancel my contract without penalty or paying the rest of the contract?

user051105

They state you can't resell phone, etc which is probably true whilst you're in the minimum term contract because the phone surely remains the property of o2 until such time as you've legally finished the contract.

But then if you send your phone to www.envirofone.com and have it recycled, surely this would be allowed they just reimbursing you for sending it.

mobilegossip

MoneySavingSpender wrote:

Location based information isn't that surprising considering the services have been around for years, I just wish O2 was more specific and asked out permission.

I'm 4months into an O2 contract does this means I have the grounds to cancel my contract without penalty or paying the rest of the contract?

No see this article: http://www.theregister.co.uk/2006/10/10/o2_caves_on_t_and_c/

SenorGroucho

mobilegossip wrote:

No see this article: http://www.theregister.co.uk/2006/10/10/o2_caves_on_t_and_c/

The guy who wrote that article clearly hasn't a clue about English contract law.

kai666

ArsenalFC wrote:

Ok I am going to write in to them and request for a termination of my contract without penalty and ask for my pac. I have 6 months left from an 18months contract and I will save £90 as there is a cheaper tariff elsewhere.Will see what they say, watch this space.

out of curiosity, on what grounds are you going to cancel? How do the new terms adversely affect you?

MoneySavingSpender

I was on hold to O2 was told with regard to logging information about your calls/sms/e-mails/location and everything that falls under that, they are oblidged to do so under the "Free Act" however as for paragraphs 18.3 and 18.4. They clearly provide an "out" by allowing you to write to The Data Controller, O2 (UK) Limited 260 Bath Road, Slough, SL1 4DX should you wish that information not to be used for marketing purposes.

I'll let you decide what to make of that...

As for the reselling of the phone, I doubt that is even enforcable, and frankly laughable on O2's part.

It would be extremely useful to know someone with a law backround could read http://www.o2.co.uk/termsconditions/yourairtimecontract and tell us outside of the Free Act, O2's snail mail only option to remove marketing information is infact legal?

6.6 You agree that you are procuring the SIM Cards, Mobile Phone and Service solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, the Mobile Phone or the Services.

and specifically this NEW line helps invalidate any obligation to any previously taken up contract

MoneySavingSpender

8.4 You may end this Agreement by giving us written notice if:

(a) we break this Agreement in any material way and we do not correct the situation within 7 days of receipt of your written request;

(b) we go into liquidation or a Receiver is appointed over our assets; or

(c) if you are a Consumer Customer we increase Charges for calls, messages or data that form part of your inclusive allowance or your Line Rental Charges or change this Agreement to your significant disadvantage, provided you give us a minimum of 30 days written notice (and provided you notify us within one month of our telling you about the changes). This does not apply where the increase or change relates solely to Additional Services in which case you may cancel, or stop using, that Additional Service.

8.5 In the situations described in 8.4 above paragraph 8.3 will not apply.

It looks to me the marketing information logging cannot be used to cancel the contract as you can cancel this.

As for the resale of handset you would have to prove that during the DURATION of the contract under the new T&C's selling this phone puts you at a disadvantage it seems to me at least.

ArsenalFC

My ground for cancelling is disallowing the sale of mobile phone, that in itself is an disadvantage. Selling straight after you get the phone will obviously get you more money than when the 12/18 months is up. I have sent the letter, will see what they say.