Terms & Conditions of use for Service users

This website (“Website”) and the SMS Information Service (“Service”) are owned and operated by Spiral Arm Limited (“Spiral Arm”) trading as Taykt. 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 perusing this Website and/or using the Service. Any references to "Content" are references to any text, files, images, sounds, messages or other Content posted onto or otherwise transmitted via this Website and/or the Service. 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. All Use of the Website and/or the Service is Subject to These Conditions

    By using the Website and/or the Service in any way you agree to be bound by these Conditions. You should only continue to use this Website and/or the Service if these Conditions are acceptable to you without modification.

  2. If you are under 16 years of age

    If you are under 16 years of age or if you intend to use another person’s mobile phone to access the Service, you must have the bill payer’s permission.

  3. Payment for the Service
    1. Your mobile phone operator’s standard charges, such as data charges may apply. You should contact your mobile phone operator for more details if required.

  4. Content
    1. Taykt is an open medium by which our members can, broadly speaking, promote anything that they want. We reserve the right to edit any Content that is submitted to this Website, however we shall have no liability for any failure to do so. You understand that all Content posted on or transmitted via this Website is the sole responsibility of the person that posted it.

    2. You acknowledge and irrevocably accept that by accessing this Website and/or the Service you may be exposed to Content that is inaccurate, misleading, indecent, unlawful, dishonest, offensive, obscure, threatening, abusive, libellous, or which is prejudicial or inflammatory. By using this Website and/or the Service you voluntarily consent to view such Content.

  5. Your Dealings with Third Parties
    1. The Content is made available for your information only. Any contracts, commitments or arrangement made between you and any other person (“Third Party Transaction”) that you find on or through this Website and/or the Service and/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 claims, costs, losses, or expenses of any kind that we may incur by our involvement. By your continued use of this Website and/or the Service 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.

    3. You promise that you will not use this Website and/or the Service to:

      • contact any person who has asked not to be contacted;
      • “stalk” or otherwise harass any person; or
      • collect personal data about other members for commercial or unlawful purpose; or
      • download or collect data from the Website and/or the Service using automated means including without limit spiders, robots, crawlers, data mining tools or similar without our prior written consent.
  6. Our Obligations to You
    1. We grant to you a limited non-exclusive licence to access this Website and to use the Service at any time for your own personal use. You may not collect, aggregate, copy, duplicate, display, or make any derivative use of this Website or the Content without our prior written consent.

    2. We will endeavour to ensure that this Website and the Service is available at all 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 this Website and/or the Service becomes unavailable or inaccessible.

    3. We do not represent or warrant that this Website will be error-free, free of viruses or other impairing or harmful components. If after you have paid for the Service you do not receive your SMS message from the Service then you should contact your service provider for a refund.

    4. We will endeavour to ensure that your use of the Website and the Service is rewarding for you and as such neither the Service nor the Website will be operated on a subscription or repeat billing basis.

  7. Intellectual Property Rights
    1. You acknowledge that we may use information provided by you so that we can perform our obligations to you 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 this Website and the Content, its functionality, and any design work, documents, drawings and information in connection with this Website and/or the Content will remain at all times our property or the property of our licensors.

    3. This Website, it’s 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 content of this Website and/or the Content.

    4. We both must comply with the Data Protection Act 1998 when dealing with information given by either of us to the other. We may from time to time use an RSS feed or any other form of automated device or computer programme that enables us to use information that we hold about you in accordance with the Spiral Arm Privacy Policy.

  8. Your Liability to Us
    1. By continuing to use this Website and/or the Service 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 a breach by you of your obligations, representations and / or promises 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 any Content or the manner in which any Content is used (either directly or indirectly) infringes a legal right of you or any third party.

  9. Our Liability to You
    1. All Content published on this Website and/or via the Service is published by us in good faith. However, by continuing to use this Website and/or the Service you irrevocably acknowledge and agree that 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 which arise either directly, indirectly, as a consequence of or as a result of the use or misuse of this Website and/or the Service, any publication, non-publication, inaccuracy of any kind of the Content or any offence caused by it, or for the interruption, suspension, modification, alteration or termination of this Website, the Service or the Content whether such loss is caused by us or any of our employees or agents or otherwise.

    2. This Website and/or SMS messages from the Service 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.

  10. Information that We Hold About You
    1. We will use and process any personal information that you provide to us in accordance with the Spiral Arm Privacy Policy and by continuing to use this Website and/or the Service, you agree to the terms of that policy.

  11. 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 these Conditions because of something outside of your reasonable control, you will have no liability to us because of your failure.

    2. We may assign or sub-contract all or any of our rights and obligations in relation to this Website and/or the Service to any third party.

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

    4. 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.

    5. Any references in these Conditions to a “person” includes a corporate or unincorporated body.

    6. These Conditions are governed by the law of England and Wales and each of us agrees to submit disputes in connection with them to the exclusive jurisdiction of the Courts of England and Wales.

    7. These Conditions 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.