Terms of Service

Terms of Use

Introduction

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.

The Website is owned and provided by Skwile Limited (registered in England and Wales with company number 08834435) whose registered address is at 1 Charterhouse Mews, London, EC1M 6BB.

If you decide to use this Website, you must comply with these terms and conditions. These terms and conditions should be read alongside, and are in addition to, our privacy policy.

Please read these terms and conditions carefully and print a copy for your future reference. By using this Website and the services provided via the Website or by any other systems provided by us, you confirm that you have read, understood and agree to these terms and conditions and the privacy policy (each as amended from time to time) and where you’re acting on behalf of an LLP, limited company, partnership or other separate entity that they agree to these terms and conditions. If you do not agree to these terms and conditions, you must stop using this platform immediately.

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.

1 General
1.1 Access to and use of this Website is subject to these Terms of Use and our Privacy Policy. By accessing and using this Website you agree to be bound by and to act in accordance with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you are not permitted to access and use this Website and you should cease such access and/or use immediately.
1.2 If you breach any term of these Terms of Use, your right to access and use this Website shall cease immediately.
1.3 We reserve the right to amend these Terms of Use from time to time without notice by amending this page. The amended Terms of Use will be effective from the date they are posted on this Website. As these Terms of Use may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms of Use.

 

2 Our Service
2.1 We provide a subscription-based online service which enables you and your professional advisor to analyse your accounting data for the purpose of fund management and risk management including daily cash flow monitoring. The subscription fee will be stipulated on the Website from time to time. This service uses accounting data that you transfer from your online accounting service website. In using the above service, you expressly consent to transfer of your accounting data stored in your online accounting software to our server and use of your data by your professional advisor who are authorised through your online accounting software provider to access and analyse your data.
2.3 Please be aware that nothing on this Website is, or shall be deemed to constitute, financial, investment or other advice or a recommendation or endorsement by us in respect of any product or service referred to on this Website. Information on this Website is provided for general information purposes only, 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 product or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Website, we suggest that you seek independent professional advice before you obtain any product or service via this Website.
2.4 Nothing on this Website 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. By registering on this website and submitting your details, you are granting permission to us to use your data to provide you with our service and also for us to use your data to carry out market analysis. You hereby expressly grant permission to allow such access by us.
2.5 We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.
2.6 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.

 

3 Permitted Use
3.1 You are only permitted to access and use this Website for your personal or internal business operation, non-commercial purposes, meaning this Website may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal or internal business operation, non-commercial purposes is strictly prohibited.
3.2 You are not permitted to use this Website:

  • In any unlawful, fraudulent or commercial manner.
  • 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.
  • To create, check, confirm, update, modify or amend your own or another person’s databases, records or directories.
  • To tamper with, modify, reverse engineer or amend any part of this Website.
  • 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.
  • Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system.
3.3 You may operate a link to this Website 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. You must not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us.  We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.

 

4 Intellectual property rights
4.1 The copyright in the information, content, material or data displayed on this Website belongs to us or our licensors. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this Website for your own personal or internal business operation use, subject to the following conditions:

  • It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent.
  • 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.
  • It may not be sold or transferred to any third party.
  • The copy must retain any copyright or other intellectual property notices contained in the original material.
  • Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).
  • 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.
  • You must not modify the paper or digital copies of such information, content, material or data.
  • It may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.
  • The status of us and our licensors as the authors of such information, content, material or data must be acknowledged.
4.2 All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trade marks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved.
4.3 Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to us or our licensors in and relating to this Website (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.
4.4 All rights in Skwile-CaFE and Skwile are owned by us.
4.5 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“). You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, sell, save, copy, distribute, publish, display, excerpt, reproduce, utilise, extract, make available and transmit such User Content in any manner and for any purpose. Additional terms and conditions in relation to User Content (including discussion forums and user reviews) are set out in paragraph 18.

Sections 5, 6 and 7 are important and you should read them carefully as they exclude or limit our liability to you and detail your responsibilities.

5 Exclusions of liability
5.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under the Financial Services and Markets Act 2000, as amended, (“FSMA”) or any conduct of business rules developed pursuant to FSMA.
5.2 We use reasonable endeavours to ensure that the data, material and information on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we are not able to guarantee that the data, material and information on the Website is accurate or that there are no errors or omissions in the data, material and information.
5.3 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.
5.4 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
5.5 We are not responsible for any losses or damages arising from an inability to access the Website, from any use of the Website or from reliance on the data transmitted using the Website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.
5.6 We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you which were not foreseeable by us when you accessed or used the Website.
5.7 The 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 parties website or read a user review on the 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.
6 Exclusion of our liability in respect of third party advice, assistance, websites and products or services
6.1 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.
6.2 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.
6.3 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.
6.4 We may provide links from this Website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these 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. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise). 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.
6.5 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 of use 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 of use and/or privacy policy.
6.6 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 do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party’s views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. 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.
6.7 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.

 

7 Your responsibilities
7.1 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content as described in paragraph 4.5) is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology.
7.2 You may complete a registration process as part of your use of this Website which may include the creation of a username, password and/or other identification information. Any username, 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 username, password and/or other identification information, you are solely responsible for all activities undertaken on this Website using your username, password and/or other identification information.
7.3 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.
7.4 Before you obtain any product or service from a third party, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third party about you before you obtain any product or service. 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.
7.5 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.
7.6 You are solely responsible and liable for your conduct on this Website and for your User Content. You must ensure that:

  • You own your User Content or otherwise have the right to grant the licence set out in paragraph 4.5.
  • 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).
  • Your User Content does not violate or infringe any law.
  • 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.
  • 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.
7.7 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.

 

8 Customer Services
8.1 Skwile-CaFE Support Team may be contacted at support@skwile-cafe.com. We will aim to respond to you within two business days. Our business hours are Monday to Friday 9.00am to 5.30pm GMT.

 

9 Complaints
9.1 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 to support@skwile-cafe.com or by writing to Skwile-CaFE Support Team at 7th floor, 1 Fore Street, London EC2Y 9DT.
9.2 We will aim to resolve your complaint within 48 hours. If we are not able to do so, we will provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we will issue you with a final response.
9.3 If you are unhappy with any product 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.

 

10 Payment
10.1 You agree to pay any fees and/or other charges incurred by you, if any, in accordance with any payment provisions set out on this Website from time to time.
10.2 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.
10.3 Payment for other products or services should be made to the relevant third party or to its website when applying for the product or service.

 

11 Privacy
11.1 We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using this Website, you agree to the way in which we process and deal with your personal information including disclosure of your accounting information to professional advisors who are authorised to access your data through the accounting software provider.
11.2 We may disclose your personal information or access your account if required to do so by law, any court, the Financial Services Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.

 

12 Miscellaneous
12.1 This Website is only intended for use by residents of the United Kingdom. We make no warranty or representation that any product or service referred to on this Website and/or any service we provide is available or otherwise appropriate for use outside of the United Kingdom. If you choose to use this Website from locations outside the United Kingdom, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
12.2 If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms of Use and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.
12.3 These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).
12.4 No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
13 Governing law
13.1 These Terms of Use and your access to and use of this Website shall be governed by and interpreted in accordance with English law.
13.2 Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms of Use and your access to and use of this Website (including any claims or disputes).

 

14 User generated content (including discussion forums and user reviews)
14.1 You agree that any User Content (as described in paragraph 4.5 of Section 1) will comply with this paragraph 18 and the User Content Standards.
14.2 You are not permitted to use this Website to:

  • Collect email addresses or other contact information of others for the purposes of sending unsolicited emails or other unsolicited communications.
  • Promote or encourage illegal activity.
  • 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.
  • Do anything which violates the rights of others (such as rights of privacy).
  • Impersonate any other person or falsely state or otherwise misrepresent yourself.
  • 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.
  • 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.
  • Send any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of such solicitation.
  • Post links to alternative community groups or forums except with our prior written consent.
14.3 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.
14.4 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.
14.5 You agree that any information you provide to us about yourself will be true, accurate and complete, and that you will ensure that this information is kept accurate and up-to-date at all times.
14.6 You agree that we may disclose your identity (including your name, email address and contact details) if required to do so by law, any court, the Financial Services Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.
14.7 We advise you to think very carefully before posting or uploading any personally identifiable information about you on this Website.
14.8 If you consider that any User Content breaches these Terms of Use or the User Content Standards, please email support@skwile-cafe.com.

 

 

We may make changes to these Terms and Conditions from time to time. You should check this page regularly to see our most up to date policy. We will tell you about any changes to this policy by showing the date of the changes in the ‘Last updated’ section below. By using the website after the date we make any changes, you are agreeing to the changes.

Last updated: November 2016