Terms for 3 Services Hutchison 3G UK Ltd

Star House Grenfell Road Maidenhead SL6 1EH United Kingdom three.co.uk © 2003 Hutchison 3G UK Limited. A Hutchison Whampoa company. Registered office: 9 Queen Street, Mayfair, London W1J 5PE. Published by Hutchison 3G UK Limited, trading as 3. All rights in this publication are reserved and no part may be reproduced without the prior written permission of the publisher. '3' and its related images, logos and names used in this publication are trademarks of the Hutchison Whampoa group of companies.

The contents of this publication are believed to be correct at the time of going to press, but any information, products or services mentioned may be modified, supplemented or withdrawn. The provision of any products and services by Hutchison 3G UK Limited is subject to 3's customer terms (available at three.co.uk). The customer terms will take precedence if there is any discrepancy with this publication. Designed and produced by Dutton Merrifield Ltd, Bristol. This document is printed on fully recyclable paper. DM03025 Feb 03 v1.0 93001 Terms for 3 Services Terms and Conditions
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. 1 DM03025e Feb 03 v1.0 93001 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.
4.3 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.
4.4 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.
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. 3 Services
5.3 Once you are Connected to 3, we will provide you with 2 DM03025e Feb 03 v1.0 93001 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.
5.4 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.
5.5
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.
(a) when you move outside 3's video service area whilst you are on a call (in this case calls may not be maintained);
(b) 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
(c) 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. Limitations of 3 Services
5.6

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
5.7 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: when we need to perform upgrading, maintenance or other work on the 3 network or 3 Services.
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 3 DM03025e Feb 03 v1.0 93001 (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. 4 DM03025e Feb 03 v1.0 93001
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.
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.
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 5 DM03025e Feb 03 v1.0 93001 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. 6 DM03025e Feb 03 v1.0 93001
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). 7 DM03025e Feb 03 v1.0 93001
(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) (c)
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)
You may end this agreement in the following ways:
(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 8 DM03025e Feb 03 v1.0 93001 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
12.2.1
(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. advice). Where 3 Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.
12.4
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. 3 Services - Areas where we have no responsibility
12.5
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 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 9 DM03025e Feb 03 v1.0 93001 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 Other terms
13.1 This agreement is governed by English law. Each of us agrees to only bring legal actions about this agreement in a UK court.
13.2 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.
13.3 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.
13.4 We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with 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. 10 DM03025e Feb 03 v1.0 93001 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.
13.5 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.
13.6 You confirm that you have full contractual capacity to agree to the agreement and are able to pay the charges.
13.7

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. 11 DM03025e Feb 03 v1.0 93001 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. 12 DM03025e Feb 03 v1.0 93001 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.