|1.1||Welcome to Skwile-CaFE website (the “Website“). The Website aims to provide an online service
to assist you in analysing your client’s accounting data for the purpose of advising on fund management
and risk management on payment of subscriptions. It is designed for small and medium size business
clients who use the online accounting services.
any other systems provided by us, you confirm that you have read, understood and agree to these
on behalf of an LLP, limited company, partnership or other separate entity that they agree to these
Application immediately. For the avoidance of doubt, your client is required to accept and comply
“you” and “your” means any person who accesses and uses this Website and any services we provide.
https://www.cashflowcafe.co.uk/ and for using the Skwile-CaFE Cashflow
Management Application (the “Application”) as a professional user. If you
decide to use this Website and/or the Application, you must comply with these
|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.
|4.1||We provide a subscription-based online service enabling easy and user- friendly
analysis of your client’s online accounting data in your capacity as their
professional advisor for the purpose of advising on fund management and
risk management including daily cash flow monitoring of your client. Our
service has been designed for small and medium independent businesses. You
should ensure that your client is of the appropriate size to make use of our
service. Our service uses the online accounting data transferred from your
client’s online accounting software or service website to our Website and/or
|4.2||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”). The Subscription Fee is likely to be
calculated on the number of client accounts you use. 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.
|4.3||You may not assign or transfer any rights to any other person without the prior
written consent of Skwile Ltd.
|4.4||The Application synchronises your client’s accounting data from other online
accounting service providers (“Online Accounting Data”), as detailed from time
to time on our Website.
|4.5||By registering to use the Application as a Professional User you warrant that:
|4.6||We reserve the right to require evidential proof confirming the compliance
with the warranties contained in clause 4.5.
|4.7||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
|4.8||By registering on our Website and submitting your and your client’s details,
you are granting permission to us to use the data to provide you with our
to provide secure access to our Website and Application, analyse traffic,
assess the impact of campaigns, and deliver content and advertisements
(as set out in clause 5.4.2) and set up your cookie preferences on our Website
via the relevant pop-up screen.
|5.1||By using our Website and the Application, you confirm that you accept these
|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.
also apply to your use of our Website and Application:
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
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
|9.1||You are only permitted to access and use this Website or the Application for
the purpose of your professional services to your client’s personal or
business operation. Access to and use of this Website and/or the Application
other than for your professional operation is strictly prohibited.
|9.2||You are not permitted to use this Website or the Application:|
|9.3||You may promote and market the services as offered by the Website and
Application to your clients and potential clients. You will, where appropriate
and at our discretion, be paid a commission where your client has
subscribed to the Website’s paid services in accordance with the terms of
commission agreed with us or published from time to time.
|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
|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].
|11.1||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
|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 the purpose of providing your professional services to your
client subject to the following conditions relating to such content:
|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
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
|12.6||Any information or data that you upload to the Application as a Professional
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
|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
|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:|
|13.5||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
|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
|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
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 or to your client 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 or
your client’s data on our server.
|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
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
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
|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
|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.
|18.1||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:
|18.6||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 use or conduct on or relating
to this Website, the Application and/or your User Content, and/or your
|19.1||You agree to indemnify Skwile Ltd against all claims, costs, damage and loss
|20||HOW WE MAY USE YOUR AND/OR YOUR CLIENT’S PERSONAL INFORMATION
|21.1||Any content you upload to the Website or the Application will be considered
non-confidential and non-proprietary. You or your client retain all of the
relevant ownership rights in the 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.|
|22.1||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]
|24.1||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
|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
|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
|24.5||The provisions of this clause shall not apply to the service of any proceedings
or other documents in any legal action.
No failure or delay by either party to exercise any right or remedy provided
We will not be liable for any delay or failure in performance of our obligations
If any provision or part-provision of these Terms is or becomes invalid, illegal
You may not assign or transfer any rights to any other person without the prior
|25.6||Third party rights
The courts of England and Wales shall have exclusive jurisdiction to settle any
Last updated: August 2020