1 DEFINITIONS

1.1 Unless the context otherwise requires: "Cellular Network" means networks operated in the UK by O2, Orange, Vodafone, T-mobile, Virgin Mobile and 3; "Cellular Phone" means a digital cellular handset capable of receiving SMS information services connected to one of the Cellular Networks; “You” means You registered with the text club provided by PUFFIN BOOKS; “Registration" means correctly following such process for subscribing to the service as may be published by PUFFIN BOOKS from time to time; "SMS" means a text messaging facility used by PUFFIN BOOKS provide the Service over the Cellular Networks; "the Service" means the provision of information provided by PUFFIN BOOKS and subscribed to by You via Registration.

2 CONDITIONS

2.1 These terms and conditions govern the provision of the Service by PUFFIN BOOKS using the SMS facility of any Cellular Network capable of receiving the Service.
2.2 You are responsible for providing and maintaining a Cellular Phone and ensuring connection to a Cellular Network suitable for receiving the Service.
2.3 You warrant that he is the owner or legitimate user of the Cellular Phone which he uses to register for the Service.

3 DURATION OF TERM

The Service shall be provided to You from the time of Registration of the Cellular Phone and continue until You unsubscribe from the Service or until PUFFIN BOOKS decides to cease providing the Service to You or generally.

4 SERVICE PROVISIONS

4.1 In accordance with the nature of fast moving real-time information and the vagaries of the Cellular Network You acknowledge that PUFFIN BOOKS’ responsibilities extend only to the provision of best intentions information because it is possible that You may use the Service in a way not contemplated by PUFFIN BOOKS.
a) PUFFIN BOOKS makes no warranties, express or implied, as to the results to be obtained by any person or entity from the use of the Service;
b) PUFFIN BOOKS make no warranties, express or implied, with respect to the fitness for a particular purpose or use of the Service;
c) Puffin Books shall have no liability to or through You for lost profits or consequential loss or damage arising from the use of, or inability to use, the Service for whatever reason.

4.3 Moreover You recognise that the Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of PUFFIN BOOKS.

4.4 By subscribing to the text club You are opting-in to receive further messages on relevant authors from the Service provided by PUFFIN BOOKS, unless You send an SMS to PUFFIN BOOKS to unsubscribe.

5 PRICES

5.1 Sending messages to the Service are charged at Your normal Cellular Network rate.
5.2 Unless stated otherwise You will not be charged by PUFFIN BOOKS for messages You receive from the Service.

6 WARRANTIES AND LIABILITIES

6.1 You shall indemnify PUFFIN BOOKS and keep PUFFIN BOOKS indemnified against any claim by any third party alleging loss and/or damage as a result of Your misuse, or inability to use, the Service including but not limited to a breach by You of clause 7 of these terms and conditions. 
6.2 Except as expressly provided herein by PUFFIN BOOKS all representations, warranties and conditions whether expressed or implied by statute or common law or otherwise in relation to the Service are hereby excluded to the fullest extent permitted by the law.

7 DATA AND INTELLECTUAL PROPERTY RIGHTS

You are not allowed to publish, copy or re-distribute any data from the Service(including without limitation free wallpaper and other offers sent to You via the Service) to any third party. In addition You acknowledge that there are valuable intellectual property rights in and to the data and that the data is not within the public domain.

PUFFIN BOOKS will only keep Your personal data for the purposes of administering the text club, and will delete such data once You ceases to be a member of the text club.

8 VARIATION

PUFFIN BOOKS may vary these terms and conditions from time to time provided that any such variation is clearly published on the internet.

9 SUSPENSION & TERMINATION

9.1 The Service may be suspended or terminated immediately by PUFFIN BOOKS if in their judgement they find You in breach of any of the provisions of these terms and conditions.
9.2 PUFFIN BOOKS shall be entitled to discontinue the Service without notice to You.
9.3 These terms and conditions will be terminated automatically if PUFFIN BOOKS receives notification from the Cellular Network or Service Provider with whom You are contracted to use the Cellular Phone that the contract has been cancelled.
9.4 You may unsubscribe from the Service at any time by correctly following such process for unsubscribing from the Service as may be published by PUFFIN BOOKS from time to time. The benefit of, and the obligation to provide, the Service shall terminate when You correctly unsubscribe from the Service.  Currently You shall send a text message consisting of the word “STOP” to the number 60022 to unsubscribe.

10 LAW

These terms and conditions are governed by English law and are subject to the jurisdiction of the English courts.

11 NO WAIVER

The failure to exercise or delay in exercising a right or remedy provided by these terms and conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.