Terms & Conditions of use for Promoters

If you have received or sent an SMS and are after more information about the Terms of service and Conditions of use, please view the consumer terms and conditions.

This Website is owned and operated by Spiral Arm Limited (registered in England and Wales with company number 4899633) ("Spiral Arm"). In these Conditions, references to “we” or “us” or “our” are references to Spiral Arm and references to “you” or “your” are references to the person placing Content on this Website. Any references to "Content" are references to any text, files, images, sounds, messages or other materials posted onto or otherwise transmitted via this Website; Any references to “Publicity Material” are references to publicity materials in any medium that are intended to promote your event, cause, product or service and on or into which you have or intend to incorporate your SMS Number. Any references to “SMS Number and Keyword” are references to the SMS Number and Keyword that are chosen by and/or allocated to you pursuant to your order. These Conditions (as may be amended from time to time on the Website at our discretion and without prior notice to you) will govern the relationship between you and us.

  1. The Contract between you and us

    This Website invites you to place your Content on our Website for onward publication to members of the public who request access to your Content by using your SMS Number and Keyword (“Service”). If you wish us to publish your Content, you will need to complete an Order. All Orders submitted by you will be subject to these Conditions. A binding contract between you and us (“Contract”) will only arise when we have received an Order from you and we have notified you of our acceptance of your Order in writing. You should only submit an Order to us if these Conditions are acceptable to you without modification.

  2. Your Obligations to Us

    Your Content and Your Publicity Material
    1. You must supply Content to us in a suitable format in accordance with the guidance which is set out on the Website. You must ensure that any Content that you supply to us is provided using fully licensed software and is free from harmful viruses or similar.

    2. You alone are responsible for ensuring that the Content that you provide to us, and your Publicity Material, is accurate, decent, lawful, honest and not likely to deceive. You must not at any time use your Content or this Website, to transmit any material that in our sole opinion is likely to: result in any unreasonable invasion of privacy, induce an unacceptable sense of fear anxiety or distress; encourage or incite any person to engage in unreasonably dangerous practices or to use harmful substances; induce or promote racial disharmony; cause grave or widespread offence; debase, degrade or demean; promote or facilitate prostitution; contain material indicating violence sadism or cruelty or be of a repulsive or horrible nature; involve the use of foul language; take unfair advantage of any characteristic or circumstance which may make consumers vulnerable; be libellous; encourage conduct that would constitute a criminal offence; give rise to civil liability; be in violation of any local, national or international law; expose us to claims; result in our prosecution; cause us to infringe the legal or moral rights of any third party; or cause us embarrassment or distress of any kind.

    3. Your Content must comply with all applicable laws and regulations including without limit the British Code of Advertising Sales and Promotion and Direct Marketing, and with all other codes under the supervision of the Advertising Standards Authority; OFCOM; and the PhonepayPlus Code of Practice. You alone are responsible for ensuring such compliance.

    4. If any Content that you provide to us itself constitutes or incorporates any intellectual property rights (including without limit copyrights, registered or unregistered trademarks, patent rights, registered or unregistered designs, proprietary know-how or any other proprietary rights of any nature) you represent and warrant to us that such Content is either owned absolutely by you or that the owner of such intellectual property rights has given you permission to use them and to allow us to use them on your behalf. If we in our sole discretion consider necessary, we reserve the right to contact the owner of any intellectual property rights vested in any Content provided by you to verify that we have permission to use such Content. However we shall have no liability for failing to do so.

    5. Without limiting the general application of clause 2.3 above (with which you MUST comply at all times):

      1. unless sub-clause (ii) below applies to you, you must procure that your Publicity Material clearly contains the following text: “Terms and conditions apply. See taykt.com for further details”.

      2. you may not use the Website or your SMS Number and Keyword in order to promote consumer credit services or fundraising activities (whether or not for charitable purposes) without our prior written consent.

    6. Where due to the passage of time or otherwise your Content becomes inaccurate, misleading, irrelevant, or out of date prior to the expiry date of your SMS Number and Keyword, you must either delete or update your Content or cancel your Keyword immediately.

    7. Upon cancellation of your SMS Number and Keyword for any reason you must use all reasonable endeavours to remove all Publicity Material which bears reference to such SMS Number and Keyword from public view as soon as practicable.

    8. Use of Website

      You promise and agree that you will not use the Website directly or indirectly to:

      • Repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
      • Download data from the Website using automated means including without limit spiders, robots, crawlers, data mining tools or similar without our prior written consent.
    9. Except with our prior written permission, you promise not to use any form of automated device or computer program that enables the submission of Content without each posting being manually entered by you, including without limit any device to post Content in bulk or for automatic submission at regular intervals.

    10. If you breach any of your obligations set out in this clause 2, without limit to our other rights under these Conditions or in law we reserve the right at our discretion to terminate the Contract immediately without warning. If you provide false or inaccurate Content or contact details, or if you impersonate any other person, then we may pass your details and your IP address on to the aggrieved party, their agents, or any law enforcement agency.

  3. Our Obligations to You

    1. If we accept your Order, we will grant you a limited revocable and non-exclusive licence (i) to post Content on the Website for your own personal use; (ii) subject to the terms and conditions set out below, to publicise the SMS Number and Keyword that we notify to you on your Publicity Material.

    2. In the event of any breach by you of these Conditions we may immediately terminate your licence.

    3. We will endeavour to ensure that the Website and the Service is available at all agreed times but you acknowledge that computer and telecommunication systems are not error free and that we will not be liable to you in the event that the Website and/or the Service becomes unavailable or inaccessible.

    4. We do not represent or warrant that the Website or the Service will be error-free, free of viruses or other impairing or harmful components.

    5. We do not give any representation or warranty regarding the level of demand for your Content or the scale or scope of its publication.

    6. We may in our discretion decline to publish, or we may edit, omit or suspend all or any of your Content, without your prior permission and whether or not we have previously accepted it for publication on or via the Website. We have no obligation to publish or display your Content on or via the Website or at all and we will have no liability for our refusal or omission to do so for any reason.

    7. We will have no liability to you for any loss of your copy, artwork, photographs or any other media forming your Content. You acknowledge that it is your sole responsibility to retain the originals and copies of your material.

    8. If you have any questions regarding your Order, the Website or the Service you may contact us via email. We will endeavour to respond to you promptly although we will have no liability to you for our failure to do so.

  4. Intellectual Property Rights

    1. You must not use, copy, adapt, alter or part possession with any information relating to us which we disclose to you under or in relation to the Contract and which is of a confidential nature. You acknowledge that we may use information provided by you so that we can perform our obligations under this Contract and so we can collate the information that you provide to produce non-customer specific statistics to assist us in our business planning.

    2. All intellectual property rights in the Website, (including without limit its functionality, and any design work, documents, drawings and information displayed on it), the Service, and the SMS Number and Keyword will remain at all times our property or that of our licensors. The Website, Website functionality, design work, documents, drawings and information are confidential and must not be copied, disclosed or used except by you for your personal non-commercial use. You may not otherwise, without express permission from us, copy distribute sell or publish any of the Website or its content, other than your Content.

    3. When you submit your Order, you will be deemed to have granted us an irrevocable worldwide royalty free licence to copy and reproduce all artwork, copy, and other material incorporated within your Content and to grant sub-licences in respect of it.

    4. We both must comply with the Data Protection Act 1998 when dealing with information given to the other party under this Contract. In order to comply with our legal and regulatory requirements, we may pass data that we hold about you to PhonepayPlus.

  5. Our Right to Terminate the Contract

    1. By submitting your Order you agree that we have absolute discretion without your further consent to delete or de-activate your account with us immediately and without notice and to remove your Content from the Website and/or cancel your SMS Number and/or Keyword at any time and for any reason including without limit if you breach the terms of these Conditions. You irrevocably acknowledge and agree that we shall not be liable to you or any third party for any action taken by us in accordance with this clause 5.1.

    2. In addition to our rights under clause 5.1 above, you further irrevocably acknowledge and agree that we have absolute discretion without your further consent to limit your use of the Website and/or your SMS Number and/or Keyword including without limit the maximum number of days that your Content will be displayed on the Website or that your SMS Number and Keyword will remain active, the size or type of your Content, or the amount of Content that you may post.

  6. Your Liability to Us

    1. By submitting your Order you agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal expenses, arising out of or in connection with placing your Content on the Website and/or the publication of your Content or your SMS Number and Keyword or any breach by you of your obligations, representations, promises and / or warranties in these Conditions.

    2. You further agree to indemnify us against any costs, claims or expenses that we incur as a result of any allegation or claim that the publication of your Content or the manner in which your Content is used (either directly or indirectly) infringes a legal right of any third party.

  7. Our Liability to You

    1. All Content published on or via the Website is published by us in good faith. However, by submitting your Order you irrevocably acknowledge and agree that, given the free service we provide, with the exception of any personal injury or death caused by our negligence, we shall in no circumstances be liable to you or any third party for any losses claims damages or expenses (including without limit those resulting from loss of sales, loss of goodwill, loss of profits or loss of prospects) which arise either directly or indirectly as a consequence of the use or misuse of this Website, any publication, non-publication, or inaccuracy of any kind of your Content, or the interruption, suspension, modification, alteration or termination of this Website, your SMS Number and Keyword, or the Content whether such loss is caused by us or any of our employees or agents or otherwise.

    2. This Website may contain links to other websites provided by independent third parties. We make no representations whatsoever concerning the content of those sites and the fact that we provide a link to a particular site is not an endorsement, authorisation, sponsorship or affiliation by us in relation to such sites, its owners or its providers.

  8. Information that We Hold About You

    We will use and process any personal information that you provide to us in accordance with the Spiral Arm Privacy Policy and by submitting your Order to us, you agree to the terms of that policy.

  9. Your Dealings with Third Parties

    1. This Website and your SMS Number and Keyword are made available at no charge as a forum by which members can promote events, causes, products and services. Any contracts, commitments or arrangement made between you and any other person ("Third Party Transaction”) that you find on or through this Website, the Service or the Content are strictly between you and such third party. You alone bear the risk of entering into any Third party Transaction and have sole responsibility for making whatever enquiries that you think are necessary before committing yourself to it.

    2. You irrevocably acknowledge and agree that we shall have no liability whatsoever for any losses damages, claims or expenses that you may suffer or incur as a result of any Third Party Transaction. If as a result of any Third Party Transaction you become involved in any dispute or proceedings, we shall have no obligation to become involved in any way unless you have first indemnified and secured us to our satisfaction against any claim, costs, losses, or expenses of any kind that we may incur by our involvement. By submitting your Order you are deemed to have irrevocably released us from any claims, demands, damages, or expenses that may arise or that you may incur in relation to any such dispute.

  10. General

    1. If we fail to do what we have agreed with you because of something outside of our reasonable control, we will have no liability to you because of our failure. If you fail to do what you have agreed to do under this Contract because of something outside of your reasonable control, you will have no liability to us because of your failure.

    2. You may not assign or try to assign or otherwise deal with any of your rights and obligations under the Contract without our prior written consent.

    3. We may assign or sub-contract all or any of our rights and obligations under the Contract to any third party.

    4. Any indulgence given by us to you in respect of your obligations under the Contract is entirely at our discretion and shall not operate as a waiver of any of our rights.

    5. Any part of these Conditions that is unenforceable or illegal will be severed from these Conditions and will not affect the enforceability of the remaining provisions of these Conditions.

    6. We will not be liable to return any Content that you give us.

    7. Any references in these Conditions to a "person" includes a corporate or unincorporated body.

    8. The Contract is governed by the law of England and Wales and each of us agrees to submit disputes in connection with the Contract to the exclusive jurisdiction of the Courts of England and Wales.

    9. These Conditions together with your Order form the whole of the Contract between us. They apply in place of any other terms or statements discussed between you and any of our representatives or sales people.