Terms & Conditions
1. These Terms and Conditions apply to the Agreement between us pursuant to which we, twiDAQ Ltd (“the Company”) agree to provide services to you (“the Customer”). By using the twiDAQ website or associated service you will be deemed to have accepted these Terms and Conditions.Terms
Within these Terms, the following expression shall have the following meanings:
2.2 “Associates” Employees, subcontractors or agents acting for either the Company or a Third Party Supplier
2.3 “Charges” The price (if any) for the level of Service selected by the Customer as set out on the Company’s Website from time to time
2.4 “Customer” You, the person, firm, company or organisation requesting the Services
2.5 “Company” twiDAQ Ltd, Registered in England & Wales, Company Number 07326329, Registered at 2&5 New Workshops, Beehive Yard, Bath, BA1 5BT, United Kingdom.
2.6 “Contract” Us of this website and associated services shall constitute the Contract between the Company and Client.
2.7 “Services” All services or information provided by the Company to the Client as advertised on the Company’s Website requested by the Client on-line as set out more fully in these terms.
2.8 “Terms and Conditions” These terms herein.
3.1 The Company is in the business of providing a fantasy trading game.
3.2 Despite the use of monetary terms and the close metaphors to a real stock exchange there is strictly no monetary or stored value within the game. Use of the website and participation in the game confirms your agreement and understanding of these terms.
3.3 There is no real correlation or relationship, whether observable or implied, between twiDAQ and any real financial market, institution or other mechanism.
3.4 Furthermore there is no real correlation, whether observable or implied, between any of the “Stocks” and “Indices” listed on twiDAQ and any real stock or index listed with any real financial market, institution or other mechanism.
5.1 The Client shall make any necessary payment on-line at the time of ordering the level of Services.
5.2 The Client acknowledges that the Company shall have no liability or responsibility whatsoever in respect of any payment made under the Client’s credit card facility or any other payment facility provided to the Company under authorisation of the Client.
5.3 It shall be the sole responsibility of the Client to maintain the security of their data, password and user name.
Grant of Rights
6.1 Through the use of these services the Client agrees to grant permission to the Company to access the Client’s accounts with various third party services including, but not exclusively, Twitter (the website and services at twitter.com) and thereby perform any actions including, but not exclusively, analysis the Client’s friendships, public messages (“Tweets”) and activity and the sending of messages (“Tweets”) through the Client’s account and on the Client’s behalf.
The Company’s access to the Client’s third party account can be revoked at any time by visiting the corresponding third party website.
6.2 The Client grants the Company all a worldwide non-exlclusive royalty-free license to use any information, images, logos, trademarks, messages (including “Tweets”) and aggregated data sourced from third party services or derived from the Client’s use of the Company’s services.
7.1 The Company shall not be liable for any costs, losses or damages allegedly suffered by the Client in any circumstances, including indirect loss.
7.2 In particular, notwithstanding the generality of 6.1 above, the Company shall not be liable for refund of fees paid or in any other way liable for the outcome of the game and there can be no damages flowing from any information provided to the Client.
8.1 Any complaint about the way in which the Company has handled a Client’s request for Services or conducted itself should be addressed to a Director of the Company.
9.1 The Client may de-register and thereby cancel their connection with the Company either on-line or by e-mail.
9.2 The Company shall de-register the Client’s player account within 2 working days of having receiving such instruction and de-registration is permanent.
9.3 The Client understands that the images, logos, messages and other data obtained through a relationship or agreement the Client has with a third party service including, but not exclusively, Twitter will remain with twiDAQ after any cancellation of the Client’s account.
Confidentiality and Data Protection
10.1 Both the Client and the Company shall, save to the extent that disclosure might be required by law, keep confidential to themselves all information about the other and shall not disclose any information which they learn about the other party.
10.2 Under the Data Protection Act 1984, the Client shall be entitled upon request to view any personal records held by the Company relating to her and upon payment of a reasonable administration fee if requested by the Company. The Client acknowledges that the Company may maintain reasonable personal data concerning it and the Company in its turn agrees to abide by regulations under the Data Protection Act in connection with the maintenance of such records.
11.1 These Terms and the On-line registration by the Client and request for services constitute the entire agreement between the parties and supersede any previous agreement or understanding.
11.2 Any notice required to be given by one party to the other may be sent by the e-mail address given by each.
11.3 No failure or delay by the Company in exercising any of its rights under these Terms shall be deemed a waiver of that right. No waiver by the Company of any breach shall be considered a waiver of any subsequent breach.
11.4 If any provisions of these Terms are unenforceable, such provision shall be severed and the remainder of the provisions shall remain in full force and effect.
11.5 These Terms shall be construed in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
11.6 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
11.7 The Company may assign its rights and obligations under these Terms and in particular may use the services of associates, but the Client may not assign its rights or obligations under this agreement without the express written consent of the Company.