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Website and Application Terms of Use – SME Users (“Terms of Use”)

1 INTRODUCTION

 

1.1 Welcome to Skwile-CaFE website (the “Website“). The Website aims to provide
an online service to assist you analyse your accounting data for the purpose of
fund management and risk management on payment of subscriptions. It is
designed for small and medium size businesses who use the online accounting
services.
1.2 Please read these Terms of Use carefully. By using this Website and the services
provided via it or by any other systems provided by us, you confirm that you
have read, understood and agree to these Terms of Use and our Privacy Policy
(each as amended from time to time) and where you are acting on behalf of an
LLP, limited company, partnership or other separate entity that they agree to
these Terms of Use. If you do not agree to these Terms of Use, you must stop
using our Website and the Application immediately.
1.3 In these Terms of Use, “we“, “our” and “us” means Skwile Limited trading as
Skwile-CaFE and “you” and “your” means any person who accesses and uses
this Website and any services we provide.

 

2 WHAT’S IN THESE TERMS OF USE?

 

2.1 These Terms of Use tell you the rules for using our website
https://www.cashflowcafe.co.uk/ and for using the Skwile-CaFE Cashflow
Management Application (the “Application”) as a business user. If you decide
to use this Website and/or the Application, you must comply with these Terms
of Use. Please note that these Terms of Use should be read alongside, and are
in addition to, our Privacy Policy.

 

 

3 WHO WE ARE AND HOW TO CONTACT US

 

3.1 This Website is owned and operated by SKWILE LTD (“We“) trading as Skwile-
CaFE. We are registered in England and Wales under company number
08834435 and have our registered office at 1 Charterhouse Mews, London,
EC1M 6BB. Our main trading address is 1 Charterhouse Mews, London, EC1M
6BB. We are a limited company.
3.2 We are registered with the Information Commissioner’s Office (“ICO”).
3.3 To contact us, please email us at [email protected]. We will aim to
respond to you within two business days (subject to clause 24.4). Our business
hours are Monday to Friday 9.00am to 5.00pm GMT.

 

 

4 OUR SERVICE

 

4.1 We provide a subscription-based online service for small and medium
independent businesses (“Business Users”) enabling easy and user-friendly
analysis of your online accounting data for the purpose of fund management
and risk management including daily cash flow monitoring. We may provide
our service, which includes the Application, free of charge to you during your
trial period the length of which is entirely at our discretion. However, we
reserve the right to start charging a monthly subscription fee for our service
which will be stipulated on our Website and may be changed by us from time
to time (the “Subscription Fee”). In case of any changes in relation to the
Subscription Fee, we will aim to notify you by giving 30 days’ notice in writing
to the email address you submitted to us.
4.2 The Application synchronises your accounting data from other online
accounting service providers (“Online Accounting Data”), as detailed from time
to time on our Website.
4.3 By registering to use the Application as a Business User you warrant that:

 

4.3.1 You have the full authority to transfer all of the Online Accounting
Data onto the Application;
4.3.2 If the Online Accounting Data or any other information that you
upload to the Application contains any personal data (as defined in the
Data Protection Act 2018) of any other living person, you have
obtained a legally valid justification, or express consent, to transfer
this personal data onto the Application from the data subject; and
4.3.3 You will not upload any information to the Application that may
infringe upon the rights of others or use the Application for any
unlawful means.
4.4 We reserve the right to require evidential proof confirming the compliance
with the warranties contained in clause 4.3.
4.5 Nothing on this Website or our Application is, or shall be deemed to
constitute, an offer by us or any third party to sell to you any product or
service or to enter into any contract with you in respect of any product or
service.
4.6 By registering on our Website and submitting your details, you are granting
permission to us to use your data to provide you with our service.
4.7 To improve your experience, we and third parties we work with, use cookies
to provide secure access to our Website and Application, analyse traffic,
assess the impact of campaigns, and deliver content and advertisements
tailored to your interests. You can access our Cookie Policy via the link
below (as set out in clause 5.4.2) and set up your cookie preferences on our
Website via the relevant pop-up screen.

 

5 TERMS OF USE

 

5.1 By using our Website and the Application, you confirm that you accept these
Terms of Use and that you agree to comply with them.
5.2 If you do not agree to these Terms of Use, you must not use our Website or the
Application.
5.3 In using our services, you confirm that your client has expressly consented to
the transfer of their accounting data stored in their online accounting software
to our server and use of such data by you in capacity as your client’s
professional advisor as authorised through your client’s online accounting
software provider to access and analyse your client’s data.
5.4 These Terms of Use of use also refer to the following additional terms which
also apply to your use of our Website and Application:
5.4.1 Our Privacy Policy.
5.4.2 Our Cookie Policy, which sets out information about the cookies on our Website.

 

6 WE MAY MAKE CHANGES TO THESE TERMS OF USE

 

6.1 We amend these Terms of Use from time to time. Every time you wish to use
our Website and/or Application, please check these Terms of Use to ensure you
understand the Terms of Use that apply at that time. We will tell you about any
changes to these Terms of Use by showing the date of the changes in the “Last
updated” section at the end of this document.
6.2 We may update and change our Website or Application from time to time to
reflect changes to our services, our users’ needs and our business priorities. We
will try to give you reasonable notice of any major changes.
6.3 We will update you via email if there are any changes regarding pricing of the
Application prior to any changes being made.
6.4 By using our Website and/or the Application after the date we have made any
changes, you agree to those changes.

 

 

7 WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

 

7.1 We aim to provide uninterrupted access to our Website and Application.
However, we cannot guarantee that our Website or Application, or any content
on it, will always be available or be uninterrupted. We may be required to
suspend or withdraw or restrict the availability of all or any part of our Website
for business and operational reasons. We will try to give you reasonable notice
of any suspension or withdrawal.
7.2 You are responsible for ensuring that all persons who access our Website or
Application through your internet connection are aware of these Terms of Use
and other applicable terms and conditions, and that they comply with them.

 

8 OUR WEBSITE IS ONLY FOR USERS IN THE UK

 

8.1 Our Website and the Application are directed to people residing in the United
Kingdom. We do not represent that content available on or through our
Website or via the Application is appropriate for use or available in other
locations.

 

 

9 PERMITTED USE

 

9.1 You are only permitted to access and use this Website or the Application for
your personal or internal business operation, non-commercial purposes.
This means that this Website and/or the Application may only be accessed
and used directly by a private individual or by a business to seek a service
directly for that individual or business and on their own behalf. Access to
and use of this Website and/or the Application other than for your personal
or internal business operation is strictly prohibited.
9.2 You are not permitted to use this Website or the Application:
9.2.1 In any unlawful, fraudulent or commercial manner;
9.2.2 To harm, threaten, abuse, embarrass, defame, libel, intimidate or
harass another person, or in a way that invades another person’s
privacy or is obscene, offensive, hateful, indecent, inappropriate,
objectionable, unacceptable, discriminatory or damaging as
determined by us;
9.2.3 To create, check, confirm, update, modify or amend your own or
another person’s databases, records or directories.
9.2.4 To tamper with, modify, reverse engineer or amend any part of
this Website or the Application;
9.2.5 In a way that interferes with, disrupts or imposes an unreasonable
or disproportionately large burden on our communications and
technical systems as determined by us;
9.2.6 Using any automated software, process, program, robot, web
crawler, spider, data mining, trawling or other ‘screen scraping’
software, process, program or system.

 

10 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

 

10.1 When you receive a login and password to access the Application, or any other
secure area of the Website, you must treat such information as confidential.
You must not disclose it to any third party.
10.2 We have the right to disable any login or password, whether chosen by you or
allocated by us, at any time, if in our reasonable opinion you have failed to
comply with any of the provisions of these Terms of Use.
10.3 Where you do disclose to or share with anyone your login, password and/or
other identification information, you are solely responsible for all activities
undertaken on this Website and/or the Application using your login, password
and/or other identification information.
10.4 If you know or suspect that anyone other than you knows your login details for
the Application, you must promptly notify us at [email protected].

 

 

11 PAYMENT

 

11.1 You agree to pay the Subscription Fee in accordance with any payment
provisions set out on our Website from time to time. We may pass your card
details and personal details, as necessary, to the relevant third party, who may
take payment for the Subscription Fee in accordance with its terms and
conditions. Please note that payment methods other than those set out on the
Website will not be accepted.
11.2 Where our Website provides you with access to third party websites and/or
gives description of third party products or services available, we do not carry
any responsibility for such third party products/services, including in
connection with any payment you wish to make or have made to the relevant
third party for their products or services.
11.3 Full payment for products or services where required on this Website, for
example travel insurance, should be made at the time of application for the
product or service and in the secure area of this Website. Payment methods other
than those stated on this Website will not be accepted. We may pass your card
details and personal details, as necessary, to the relevant third party, who may
take payment for the product or service in accordance with its terms and
conditions. We reserve the right to charge you any handling fees that we or the
relevant third party may incur in respect of your application. You will be
informed of any such charges before they are incurred.
11.4 Your use of our services generally requires you to pay a monthly or yearly
subscription fee based on your selected subscription model. The pricing plan
consists of the subscription fees we offered you, including fees for invoicing,
maintenance, auto-renewal and cancellation. We may update or amend the
pricing plan from time to time.
11.5 When you first sign up, you can opt for a free trial within the period specified at
the time. If you choose to continue using our service after the period of the trial,
you will be billed when you add your billing details in the appropriate section of
the Website. If you decide not to continue using our service following the trial,
you can provide a notice by email to [email protected] or you may
delete your account. Alternatively, your subscription will be terminated by us
when it is confirmed that your subscription fee has not been paid despite
becoming due.
11.6 In order to continue accessing our service, you need to make timely payments
based on the pricing plan you selected. To avoid delayed or missed payments,
please make sure you provide us with the correct credit card details. If we do not
receive timely payments, we may suspend or stop your subscription and access
until the appropriate payment has been made.
11.7 Your CaFE subscription will automatically renew, and your credit card will be
automatically charged the correct fee at the time for the services you have
selected on a recurring basis until you cancel or close your CaFE account.
You may need to update your credit card information in your account
information from time to time.
11.8 You will be responsible for paying all other external fees and taxes associated
with your use of our service wherever levied. Your responsibility includes
withholding tax if it applies. We may collect location information where you
registered to recognise your location and country which may be used for tax
purposes. This means that the location information you give us must be accurate
for tax residency purposes.

 

 

12 INTELLECTUAL PROPERTY RIGHTS AND HOW YOU MAY USE MATERIAL
ON OUR WEBSITE AND APPLICATION
12.1 We are the owner or the licensee of all intellectual property rights in our
Website and the Application, and in the material published on it. Those works
are protected by copyright laws and treaties around the world. All such rights
are reserved. All rights in Skwile-CaFE and Skwile are owned by us.
12.2 You may print off one copy, and may download extracts, of any page(s) from
our Website for your personal or internal business operation use subject to the
following conditions relating to such content:
12.2.1 You must not use any part of the content on our Website or
Application for any commercial purposes, including but not limited to
distribution, re-utilisation, reproducing, publishing, etc., without
obtaining a licence or prior written consent to do so from us or our
licensors;
12.2.2 You may not use any automated software, process, program or
system, robot, web crawler, spider, data mining, trawling or other
‘screen scraping’ software, process, program or system;
12.2.3 It may not be sold or transferred to any third party;
12.2.4 The copy must retain any copyright or other intellectual property
notices contained in the original material;
12.2.5 Images displayed on this Website or on the Application are protected
by copyright and may not be reproduced or appropriated in any
manner without the prior written consent of their respective
owner(s);
12.2.6 No logos, trade marks or service marks displayed on this Website may
be printed or downloaded, except as part of the text of which they
form part;
12.2.7 You must not modify the paper or digital copies of any materials you
have printed off or downloaded in any way, and you must not use any
illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
12.2.8 It may not be excerpted, utilised, used, reproduced, published,
reformatted and/or displayed on any other website without our prior
written consent;
12.2.9 Our status (and that of any identified contributors) as the authors of
content on our Website and/or the Application must always be
acknowledged.
12.3 You may draw the attention of others within your organisation to content
posted on our Website.
12.4 If you print off, copy or download any part of our Website or Application in
breach of these Terms of Use, your right to use our Website and the Application
will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
12.5 You shall retain ownership of any views, opinions, reviews, ratings, comments,
content or material you submit, display, distribute, upload, post, share, publish
or otherwise make publicly available on or through this Website (“User
Content“).
12.6 Any information or data that you upload to the Application as a Business User
is done so entirely at your own risk. You must not use the Application to upload
any data or information that could be construed as infringing any laws in or
outside of the United Kingdom or rights of any third parties.
12.7 We reserve the right to disclose your identity to any third party who is claiming
that any content posted or uploaded by you to the Website or the Application
constitutes a violation of their intellectual property rights, or of their right to
privacy.
12.8 We have the right to remove or restrict your access to the Website and/or the
Application if, in our opinion, your use of the Website and/or the Application
contravenes this clause.

 

13 USER-GENERATED CONTENT (INCLUDING DISCUSSION FORUMS AND
USER REVIEWS)
13.1 This Website may from time to time include information and materials
uploaded by other users of the Website. This information and these materials
have not been verified or approved by us. The views expressed by other users
on our Website do not represent our views or values.
13.2 If you wish to complain about information and materials uploaded by other
users please contact us on [email protected].
13.3 You agree that any User Content (as defined in clause 12.5 above) will
comply with this clause 13 and clause 18.5, and will be subject to clause
18.6 clauses as applicable.
13.4 Please note that you are not permitted to use this Website to:
13.4.1 Collect email addresses or other contact information of others for
the purposes of sending unsolicited emails or other unsolicited
communications;
13.4.2 Promote or encourage illegal activity;
13.4.3 Do anything that is unlawful, harmful, fraudulent, threatening,
defamatory, embarrassing, distressing, infringing, abusive,
inflammatory, intimidating, harassing, libellous, stalking, profane,
obscene, indecent, inappropriate, hateful, discriminatory or
racially, ethnically, sexually or otherwise objectionable or for the
purpose of harming or attempting to harm minors in any way;
13.4.4 Do anything which violates the rights of others (such as rights of
privacy);
13.4.5 Impersonate any other person or falsely state or otherwise
misrepresent yourself;
13.4.6 Upload, post, transmit, distribute, share, store or otherwise make
publicly available any personal information of any other person
including names, addresses, phone numbers and email addresses;
13.4.7 Upload, post, transmit, distribute, modify, reproduce, share, store
or otherwise make publicly available any information, material,
data or content that infringes any patent, trade mark, trade secret,
copyright or other intellectual property right of any other person;
13.4.8 Send any unsolicited or unauthorised advertising, promotional
materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of
such solicitation;
13.4.9 Post links to alternative community groups or forums except with
our prior written consent.
13.5 We reserve the right, but have no obligation, to review or monitor any User
Content. We are not responsible or liable for the review or monitoring of
any User Content.
13.6 We reserve the right to close, delete, edit, refuse to post, amend, modify or
remove (without notice) any User Content at our sole discretion for any
reason, including without limitation User Content that in our sole opinion
breaches these Terms of Use.
13.7 You agree that any information you provide to us will be true, accurate and
complete, and that you will ensure that this information is kept accurate and
up-to-date at all times.
13.8 You agree that we may disclose the identity (including the names of any
directors (if you are a company), email addresses and contact details) if
required to do so by law, any court or any other regulatory, compliance,
governmental or law enforcement agency.
13.9 We advise you to think very carefully before posting or uploading any
personally identifiable information on this Website.

 

14 INFORMATION ON THIS WEBSITE

 

14.1 The content on our Website is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any action on
the basis of the content on our Website.
14.2 Although we make reasonable efforts to update the information on our
Website, we make no representations, warranties or guarantees, whether
express or implied, that the content on our Website is accurate, complete or
up to date.
14.3 We do not monitor, verify or endorse data, material and information submitted
or provided by third parties which is included on the Website and you should
be aware that such information may be inaccurate, incomplete or out of date.
In particular, we do not monitor, verify or endorse the information or
quotations collected from the product and service providers as presented to
you on the Website. We are not responsible for any data, material or
information included on the Website which has been provided by third
parties.

 

15 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

 

15.1 Where our Website contains links to other websites and resources provided by
third parties, these links are provided for your information only. Such links
should not be interpreted as approval by us of those linked websites or
information you may obtain from them.
15.2 We have no control over the contents of those websites or resources.

 

15.3 In particular, our Website may provide you with access to third party websites
who will host reviews about some of the products and services available. In
some instances you may also be able to access user reviews directly on the
Website. Regardless of whether you are transferred to a third party website or
read a user review on our Website, the views expressed therein do not
represent our views or the views of our associated companies and we are not
responsible or liable for the accuracy or content of any such views or
expressions.


Sections 16, 17, 18 and 19 set out below are important and you should read
them carefully as they exclude or limit our liability to you and detail your
responsibilities.

 

16 EXCLUSION OF LIABILITY

 

16.1 We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors
and for fraud or fraudulent misrepresentation.
16.2 We exclude all implied conditions, warranties, representations or other terms
that may apply to our Application, Website or any content thereon.
16.3 We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:

a)  use of, or inability to use, our Website or Application; or

b)  use of or reliance on any content displayed on our Website or Application.

 

16.4 In particular, we will not be liable for:

a)  loss of profits, sales, business, or revenue;

b)  business interruption;

c)  loss of anticipated savings;

d)  loss of business opportunity, goodwill or reputation; or

e)  any indirect or consequential loss or damage.

 

16.5 Please be aware that nothing on this Website or on the Application shall be
deemed to constitute financial, investment or other advice or a
recommendation of any kind or endorsement by us in respect of any product
or service referred to on this Website. Any information contained on this
Website or on the Application by Skwile Ltd is provided for general information
purposes only and should not be relied upon by you and is provided so that you
can select the product or service that you feel is most appropriate to meet your
needs. You should always check the suitability, adequacy and appropriateness
of the service that is of interest to you and it is your sole decision whether to
obtain or refrain from obtaining any service. If you are in any doubt as to the
suitability, adequacy or appropriateness of any service referred to on this
Website, we suggest that you seek independent professional advice before you
obtain any service via this Website.

 

17 EXCLUSION OF LIABILITY IN RESPECT OF THIRD PARTY ADVICE,
ASSISTANCE, WEBSITES AND PRODUCTS OR SERVICES
17.1 You may from time to time be invited to apply for products and services via
this Website. These products and services are not provided by us but are
instead provided by third parties over whom we do not have control. It is
your responsibility to satisfy yourself that you wish to obtain any product or
service before doing so. We are not responsible or liable for any loss or
damage you may suffer or incur in connection with any product or service
you obtain after using this Website or for any acts, omissions, errors or
defaults of any third party in connection with that product or service
including but not limited to any loss damage or claims arising from or in
connection with the use of the Website and your data on our server by
professional advisors who are authorised through your accounting software
provider.
17.2 Please be aware that the information and descriptions of products and
services on this Website may not represent the complete descriptions of all
the features and terms and conditions of those products and services. You
must ensure that you carefully read all the features and terms and
conditions of any product or service before applying for it.
17.3 If you obtain any product or service via this Website, you will be contracting
with a third party who will be providing that product or service to you on
their own terms and conditions. It is your responsibility to ensure that you
understand and agree with those terms and conditions before entering into
a contract to obtain that product or service. We are not responsible or liable
for any loss or damage you may suffer or incur in connection with the terms
and conditions applying to any contract entered into by you with any third
party in relation to any product or service or for any acts, omissions, errors
or defaults of any third party in connection with those terms and conditions.
17.4 You are solely responsible for any use of third party websites and for any
decision to obtain or refrain from obtaining any of the products or services
available on such third party websites. We are not responsible or liable for
any loss or damage you may suffer or incur in connection with your use of
any third party websites or for any acts, omissions, errors or defaults of any
third party in connection with their website.
17.5 Your use of any third party website will be governed by the terms and
conditions of use and privacy policy applicable to that website. Such terms
and conditions of use and privacy policy will be different from these Terms
of Use and our Privacy Policy. It is your responsibility to ensure that you
understand and agree with the terms and conditions of use and privacy
policy of any third party website before using that website. We are not
responsible or liable for any loss or damage you may suffer or incur in
connection with the terms and conditions or the privacy policy applying to
any third party website or for any acts, omissions, errors or defaults of any
third party in connection with those terms and conditions and/or privacy
policy.
17.6 Any views, opinions, advice or assistance which is given or provided to you
by a third party after you have used this Website do not represent our
views, opinions, advice or assistance and are not checked, monitored,
reviewed, verified or endorsed by us. We are not responsible or liable for
any loss or damage you may suffer or incur in connection with such views,
opinions, advice or assistance including in relation to their accuracy,
truthfulness or completeness or for any acts, omissions, errors or defaults
of any third party in connection with such views, opinions, advice or
assistance.
17.7 Please be aware that whilst this Website provides information on a wide
range of products or services, there may be other products or services
available on the market which are not shown on this Website and which
may be more appropriate or suitable for you than those shown on this
Website.

 

18 YOUR RESPONSIBILITIES

 

18.1 You may complete a registration process as part of your use of this Website
which may include the creation of a login, password and/or other
identification information. Any login, password and/or other identification
information must be kept confidential by you and must not be disclosed to,
or shared with, anyone. Where you do disclose to or share with anyone your
login, password and/or other identification information, you are solely
responsible for all activities undertaken on this Website using your login,
password and/or other identification information.
18.2 You must check and ensure that all information, content, material or data
you provide on this Website is correct, complete, accurate and not
misleading at all times and that you disclose and keep up to date all relevant
facts. We do not accept any responsibility or liability for any loss or damage
you may suffer or incur if any information, content, material
or data you provide on this Website is not correct, complete and accurate
or if it is misleading or if you fail to disclose all relevant facts.
18.3 Before you obtain any product or service from a third party, you must check
all of the information, content, material or data you provide to the third
party is correct, complete, accurate and not misleading and that you have
disclosed all relevant facts. Failure to do so could invalidate the product or
service provided by the third party. We do not accept any responsibility or
liability for any loss or damage you may suffer or incur if any information,
content, material or data held by the third party about you is not correct,
complete and accurate or if it is misleading or if you have failed to disclose
all relevant facts.
18.4 You must get permission from any other person about whom you propose
to provide information before you provide it. In submitting any other
person’s details, you are confirming to us that you have their permission to
do so and that they understand how their details will be used.
18.5 You are solely responsible and liable for your conduct on this Website for
your User Content. You must ensure that:
18.5.1 You own your User Content;
18.5.2 Your User Content does not violate or infringe any privacy rights,
intellectual property rights (such as copyright, database rights and
trade marks) or other rights of any third party (including any right
of confidentiality);
18.5.3 Your User Content does not violate or infringe any law;
18.5.4 Your User Content is true, complete, accurate and not misleading
where it relates to facts, or is genuinely held where it relates to an
opinion;
18.5.5 Your User Content is not harmful, fraudulent, threatening,
defamatory, embarrassing, distressing, infringing, abusive,
inflammatory, intimidating, harassing, libellous, stalking, profane,
obscene, indecent, inappropriate, hateful, discriminatory or
racially, ethnically, sexually or otherwise objectionable.
18.6 You agree that you will be liable to us for any damage, loss, claim, demand,
liability or expense (including reasonable legal fees) that we may suffer or
incur arising out of or in connection with your conduct on this Website
and/or your User Content.

 

19 INDEMNITY

 

19.1 You agree to indemnify Skwile Ltd against all claims, costs, damage and loss
arising from your breach of any provisions of these Terms of Use.

 

20 HOW WE MAY USE YOUR AND/OR YOUR CLIENT’S PERSONAL INFORMATION

 

20.1 We will only use your and/or your client’s personal information as set out in our Privacy Policy.

 

21 UPLOADING CONTENT

 

21.1 Any content you upload to the Website or the Application will be considered
non-confidential and non-proprietary. You retain all of your ownership rights in
your content, but you are required to grant us a limited licence to use, store
and copy that content and to distribute and make it available to third parties.
21.2 You are solely responsible for securing and backing up your content.

 

22 VIRUSES

 

22.1 We are not responsible for viruses and you must not introduce them to the
Website or the Application.
22.2 We do not guarantee that our Website or Application will be secure or free
from bugs or viruses.
22.3 You are responsible for configuring your information technology, computer
programmes and platform to access our Website and Application. You should
use your own virus protection software.
22.4 You must not misuse our Website or Application by knowingly introducing
viruses, trojans, worms, logic bombs or other material that is malicious or
technologically harmful. You must not attempt to gain unauthorised access to
our Website or Application, the server on which our Website or Application is
stored or any server, computer or database connected to our Website or
Application. You must not attack our Website or Application via a denial-ofservice
attack or a distributed denial-of service attack. By breaching this
provision, you would commit a criminal offence under the Computer Misuse
Act 1990. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our Website
or Application will cease immediately.

 

23 RULES ABOUT LINKING TO OUR WEBSITE

 

23.1 You may link to our home page, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, as
determined by us.
23.2 You must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists. You must not
establish a link to our site in any website that is not owned by you.
23.3 We reserve the right to withdraw linking permission without notice.

 

23.4 If you wish to link to or make any use of content on our Website other than that set out
above, please contact us at [email protected]

 

24 COMPLAINTS

 

24.1 Our aim is at all times to provide you with an excellent service. If you are
unhappy with our service for any reason, please contact us by email at
[email protected].
24.2 We will aim to resolve your complaint within 2 business days subject to
clause 24.4. If we are not able to do so, we will provide you with an
acknowledgement as soon as practicably possible. After we have had an
opportunity to investigate your concerns, we will provide you with our final
response.
24.3 If you are unhappy with any products or services you have obtained from a
third party or have any complaint regarding any third party, you should
address your complaint directly to that third party. If you require their
contact details, please contact Skwile-CaFE Support Team who will be happy
to assist.
24.4 Any notice or other written communication given to us in connection with
the use of our Website and/or the Application shall be deemed to have been
received:
24.4.1 if delivered personally, when left at the address referred to in
clause 24.1;
24.4.2 if sent by pre-paid first class post or other next working day
delivery service, at 9.00 am on the second business day after
posting (being a day, other than a Saturday, Sunday or public
holiday, when banks in London are open for business);
24.4.3 if delivered by commercial courier, on the date and at the time that
the courier’s delivery receipt is signed; or
24.4.4 if sent by email, at 9am on the business day after transmission
except that no email shall be deemed to have been received if the
sender receives a notification of failed delivery to the recipient or
any other similar notification.
24.5 The provisions of this clause shall not apply to the service of any
proceedings or other documents in any legal action.

 

25 GENERAL

 

25.1 Entire Agreement

These Terms of Use, together with our Privacy Policy and any other applicable
terms notice of which have been given to you under these Terms of Use
constitutes the entire agreement between you and Skwile Ltd and supersedes
and extinguishes all previous agreements, promises, assurances, warranties,
representations and understandings, whether written or oral, relating to the
subject matter of these Terms of Use.

25.2 Waiver

No failure or delay by either party to exercise any right or remedy provided
under these Terms of Use or by law shall constitute a waiver of that or any other
right or remedy, nor shall it prevent or restrict the further exercise of that or
any other right or remedy. No single or partial exercise of such right or remedy
shall prevent or restrict the further exercise of that or any other right or
remedy.

 

25.3 Delays

We will not be liable for any delay or failure in performance of our obligations
under these Terms if the delay or failure is the result of any cause outside our
reasonable control.

 

25.4 Severance

If any provision or part-provision of these Terms is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary
to make it valid, legal and enforceable. If such modification is not possible, the
relevant provision or part-provision shall be deemed deleted. Any modification
to or deletion of a provision or part-provision under this clause shall not affect
the validity and enforceability of the rest of the Terms of Use.

 

25.5 No assignment

You may not assign or transfer any rights to any other person without the prior
written consent of Skwile Ltd.

 

25.6 Third party rights

No one other than a party to these Terms of Use and their permitted assignees
shall have any right to enforce any of the Terms of Use.

 

25.7 Governing law

These Terms of Use, their subject matter and their formation (and any noncontractual
disputes or claims) are governed by English law. You agree to the
exclusive jurisdiction of the courts of England and Wales.

 

25.8 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any
dispute or claim (including non-contractual disputes or claims) arising out of or
in connection with these Terms or their subject matter or formation.

 

Last updated: August 2020