Your terms and conditions for BT Openzone service (payment by Vouchers)

Important information:

This document sets out the terms and conditions for the provision of BT Openzone service when you pay for the service by vouchers. Your agreement with us for the provision of this service is made up of the following terms (each including any other document or information we refer to in those terms):

  • These terms and conditions
  • Any relevant Special Offer Terms;

If any of these documents contradict each other, the terms will prevail in the order set out above.

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What we provide

  1. The service we agree to give you is:
    1. the ability to access the internet and send and receive data through our wireless broadband network and through the internet using wireless technology from a designated site with access points for the service (a hotspot);
    2. helpdesk services; and
    3. any other facilities that we agree to provide under your agreement.
  2. The service we provide to you under these terms is for business and consumer use.

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When the service starts and your cancellation rights

  1. The service starts when you first access it from www.btopenzone.com or any other website we may tell you (BT Openzone website) using the username and password from the voucher.
  2. If you are a consumer customer and you buy your voucher from the BT Openzone website you may cancel your agreement with us before the service starts. You agree that you will lose your right to cancel the service under the Distance Selling Regulations 2000 once the service has started.

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Using the service

  1. You may obtain the service by buying paper vouchers from hotspots or electronic vouchers (e-vouchers) from the BT Openzone website using a credit or debit card.
  2. A voucher is valid until the expiry time or date shown on it or the date we tell you.
  3. Each voucher will include a username and password to use the service.
  4. The Vouchers can be used at BT Openzone and other selected hotspots in the UK and Ireland, and BT Openzone hotspots abroad. These hotspots are listed on the BT Openzone website.
  5. The service does not include connection from our network to any customer network or any services when you are connected to the internet.
  6. The service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.
  7. We will provide a telephone helpdesk. Details of this are available on the BT Openzone website. If we think that a fault you have reported does not relate to our service we will tell you when you call us.
  8. You agree to get any permission needed from someone else if you want to use the service in any country in which this is necessary. This includes the UK.
  9. You accept that we have no control over the information transmitted via the service and that we do not examine the use to which you put the service or the nature of the information you send or receive. We have no obligation to compensate you for such information and such use.
  10. We cannot guarantee access to any hotspot for you to use the service, or guarantee that service will continue to be available from any hotspot.
  11. You must not use the service or allow the service to be used:
    1. in any way which breaks any law or the conditions of any licence or rights of others, or our acceptable use policy which we may amend from time to time. You may find this at www.abuse-guidance.com.
    2. to make offensive, indecent, menacing, nuisance or hoax calls or to cause annoyance, inconvenience or needless anxiety;
    3. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing; or
    4. in any way that we reasonably think is, or is likely to, adversely affect how we provide the service to you or any of our customers.
    We take the types of misuse described in this paragraph 15 very seriously, and you agree to take all reasonable steps to make sure that it does not happen. If we reasonably believe you have misused the service, we may take immediate action to suspend the service or end your agreement with us without telling you first, even if you were not aware that your service was misused.
  12. You agree that any content, software or other copyright material is supplied to you for your own private or business use only. You must not copy, modify or publish such material or resell, transfer or supply it to any other person or permit any other person to do these things.
  13. You are responsible for making sure any equipment you use to access the service is:
    1. suitable for use with the service;
    2. adequately protected against viruses; and
    3. meets any instructions for its use.
  14. If you are a business customer you also accept that the service depends on your communications network (including any local area network and intranet) being suitable.
  15. If you use the service to access content or software owned or licensed by others who ask you to accept their terms of use, you must keep to these terms.
  16. You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in a way that breaks paragraphs 12, 15 and 16 of these general terms, or any other term of this agreement. We will tell you of such claims or legal action and update you on their progress. We will consider any representations you want to make.

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Security

  1. You are responsible for the security and proper use of all usernames and passwords used with the service and agree:
    1. to take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people;
    2. to tell us immediately if there is any reason to believe that someone else is aware of your username or password or if you think it is being used or may be used in a way that we do not permit; and
    3. not to change or try to change a username.
  2. We reserve the right to:
    1. suspend username and password access to the service if we think that the security of the service is or may be affected; and
    2. ask you to change any or all of the passwords you use with the service.
  3. The service does not prevent you from having extra security eg. firewalls on your equipment or customer networks.
  4. Due to the nature of the service, you accept that we cannot guarantee the security of the service against unlawful access or use. You should make sure that you have adequate security to prevent unlawful access to or use of the service, access to your computing equipment or disclosure of confidential information.
  5. You accept that we do not guarantee the integrity, authentication and confidentiality of the information, files and data (including credit card PIN) you may wish to exchange over the internet.

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Pricing information

  1. BT Openzone voucher prices, payment terms and other pricing information are as stated on the BT Openzone website. Prices are inclusive of VAT unless we say otherwise. These prices, payment terms and other pricing information form part of your agreement with us. Details of special offers (if any) may be displayed on the BT Openzone website.
  2. We do not include insurance for the loss or theft of vouchers in our prices. If you lose any voucher or it is stolen, damaged or destroyed or is likely to be used in an unauthorised way, we will not replace or refund it or give you any extra time for unused periods.
  3. The vouchers have no cash redemption value, are not for publication and once purchased may not be sold unless you are an authorised BT Openzone reseller. An authorised BT Openzone reseller has a separate agreement with us to sell vouchers to others under the terms of that agreement.

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Changing these terms and conditions

  1. Sometimes, we will need to change the charges and the terms and conditions of the service. We will publish details of all changes at the BT Openzone website.

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Other things we may need to do

  1. We may monitor and record calls made to the helpdesk. We do this for training purposes and to improve the quality of our helpdesk.
  2. Occasionally, for operational reasons we may have to:
    1. interrupt the service and if we do so, we will restore it as quickly as we can;
    2. change the code or access numbers; or
    3. make minor changes to certain technical specifications, including data-transfer limits associated with the service.

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Our responsibility to you

  1. We accept responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence. We will not limit this responsibility.
  2. Unfortunately, we cannot guarantee that the service will never be faulty.
  3. Unless these terms and conditions say otherwise, we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
  4. Unless these terms and conditions say otherwise, we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any indirect financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other indirect or consequential loss or damages that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
  5. We are not responsible for any misuse of your username and password.
  6. We do not guarantee that the service will be compatible with your equipment, any software that you may use or your communications network. We cannot guarantee performance of the internet or that you will be able to use the internet. Using the internet is at your own risk.
  7. Except as described in paragraph 32, we will not pay you more than £3,000 for any one incident and £6,000 in compensation (even if we have been negligent) in any 12-month period. We will only pay the amounts mentioned in this paragraph 38 for direct losses you have suffered that are reasonably foreseeable.
  8. If you are a consumer, nothing in paragraphs 32 to 38 affects your rights under the law relating to faulty or wrongly described service.

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Matters beyond our reasonable control

  1. Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. This could include very severe weather. In these cases, we do not accept responsibility for what has happened.

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If you break this agreement

  1. Other than for serious misuse described in paragraph 15, we will normally give you an opportunity to put matters right within a reasonable time if you break this agreement.
  2. However, if you do not do so, we may suspend or end this agreement for the service. We may also suspend the service or end this agreement for the service if you break any other agreement you have with us and do not put matters right within a reasonable time. If we suspend the service or end this agreement for the service, we will tell you what needs to be done before we reinstate it.

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Resolving disputes

  1. We will try to work through any disputes that you may have with us. However, if we cannot do this, you may refer the matter to any relevant dispute resolution service. Details of these, and of how to refer a dispute, are set out in our code of practice for residential customers and small businesses available on www.bt.com or any other website we may tell you.

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Other things we need to tell you

  1. You accept that this agreement for the service is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
  2. When we need to contact you, we will use your email address, mobile or fixed phone number. If you need to contact us, please use the postal address, email address or phone number we have given to you for that purpose.
  3. We both agree that the terms of this agreement are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
  4. Your agreement with us is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.

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Issue 2 - 18 May 2007