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Legals & Disclaimer

Disclaimer

The information provided on this web site is of a general nature. It is not a substitute for specific advice in your own circumstances. You are recommended to obtain specific professional advice from a professional accountant before you take any action or refrain from action.

Whilst we endeavour to use reasonable efforts to furnish accurate, complete, reliable, error free and up-to-date information, we do not warrant that it is such. We and our associates disclaim all warranties.

The information can only provide an overview of the regulations in force at the date of publication, and no action should be taken without consulting the detailed legislation or seeking professional advice.

Third Party Sites

This website may contain links to websites operated by third parties. Such links are provided for your convenience only and we have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites nor as to the suitability or quality of any of their products or services. The provision of links to third party sites does not imply any endorsement of the sites or those that control them.

Intellectual Property

The contents of this website including but not limited to text, images, sound clips, video clips, page layouts, underlying code and software is our or our affiliates property. The content may not be reproduced, transmitted or stored in whole or in part other than in accordance with the following permissions.

You may print, reproduce, copy, download or store any of the content of this website for your own personal use or use by others within your organisation provided that any such material is reproduced in full without any amendment and that it is not incorporated into any other material whether in hard copy or electronic form.

You specifically agree that you will not use the content of this website for any commercial purpose.

Bank Feeds Terms & Conditions

Activate Bank Feeds

What are Bank Feeds?

Bank Feeds are an easy way of getting your financial data, direct from your bank, into KashFlow.

We've partnered with Yodlee, a third party who are experts at financial data extraction and aggregation.
Yodlee works by logging into your bank account and importing your transactions, these are then fed to us to load into your KashFlow account.

In using the Yodlee service, you will be providing your on-line banking information to the Yodlee service, which will be stored on the Yodlee servers in the United States. We strongly recommend that you use on-line banking services that require an additional level of authentication (known as two-level or multi-level authentication) in order to initiate payments or transfers from your account or set up new payees.


Additional Terms & Conditions applicable to the Yodlee Bank Feed Service

The following terms and conditions apply to your use of the Yodlee bank account feed service and supplement the terms and conditions. You should read these terms and conditions carefully. By signing up for the Yodlee service, you agree to these additional terms and conditions; you should not sign up to the Yodlee services unless you agree.

When you sign up and/or use the automated bank account feeds enabled by the Bank Feeds Service, you agree to, and your use of the service is subject to the following additional terms. These additional terms supplement the KashFlow Terms & Conditions ( available here), which remain in effect, and should also be read in conjunction with the terms and conditions for your own Internet Banking services.

Provide Accurate Information.

You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

Proprietary Rights.

You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.

Content You Provide.

You are licensing to KashFlow and its service providers (including Yodlee, Inc., a Delaware corporation, with its principal place of business at 3600 Bridge Parkway, Redwood City, California 94065) (“Yodlee”), any information, data, passwords, materials or other content (collectively, “ Content”) you provide through or to the service. KashFlow and Yodlee may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, KashFlow and Yodlee may use the Content for the purposes set out above. As between KashFlow and Yodlee, KashFlow owns your confidential account information.

Third Party Accounts.

By using the service, you authorize KashFlow and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant KashFlow and Yodlee a limited power of attorney, and you hereby appoint KashFlow and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN KASHFLOW OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, KASHFLOW AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.

Inherent Risk of Use.

In using the Yodlee service, you will be providing your banking information to the Yodlee service. As there is an inherent security and privacy risk in doing so, you provide such information and use the service at your own risk. NEITHER KASHFLOW NOR YODLEE WILL BEAR ANY RISK OR LIABILITY IN THE EVENT OF UNAUTHORISED ACCESS TO THIS INFORMATION AND IN USING THE SERVICE YOU AGREE THAT NEITHER KASHFLOW NOR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY LOSS OR HARM AS A RESULT OF SUCH UNAUTHORISED ACCESS.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KASHFLOW AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

KASHFLOW AND YODLEE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KASHFLOW OR YODLEE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER KASHFLOW OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF KASHFLOW OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification.

You agree to protect and fully compensate KashFlow and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Transfer of Data; Addition to Privacy Policy.

You acknowledge that, in providing the Yodlee service, we will transfer your information outside the UK and the European Economic Area, including to the United States, where your information will be stored and/or processed for the purposes of the Yodlee service. You acknowledge that countries outside the European Economic Area may not have the same standards of data protection as the UK. By using the Yodlee service you consent to the transfer, storage and processing of your information outside of the European Economic Area for the purposes of the Yodlee service. IF YOU DO NOT WISH FOR THIS INFORMATION TO BE TRANSFERRED, STORED OR PROCESSED OUTSIDE OF THE EUROPEAN ECONOMIC AREA, YOU SHOULD NOT USE THE YODLEE SERVICE.

You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.

In order to register for the Yodlee service, you must agree to the additional terms and conditions for the use of the Yodlee service and agree to the following statements. If you do not agree to the additional terms and conditions or do not agree to any of the following statements, you must not register for or use the Yodlee service.

  • I have read and understood the additional terms and conditions for the Yodlee service and I accept those terms and conditions.
  • I understand that, in using the Yodlee service, I will be providing my banking information to the Yodlee service and that I provide such information and use the service at my own risk. Neither KashFlow nor Yodlee will bear any risk or liability in the event of unauthorised access to this information and I agree that neither KashFlow nor Yodlee nor any of their affiliates, account providers or any of their affiliates will be liable for any loss or harm as a result of such unauthorised access.
  • I understand that KashFlow recommends the use of on-line banking services that require two-level or multi-level authentication in order to initiate payments or transfers from your account or set up new payees.

KashFlow Terms & Conditions

1. General terms

Introduction

1.1 We are KashFlow Software Limited. Our company number is 05674043 and our registered address is Riding Court Rd, Datchet, Slough, Berkshire SL3 9JT (“KashFlow“, “we“, “us“)

1.2 These terms and conditions (the “General Terms“) apply to you (the “Customer“, “you” and “yours”) when you use the online KashFlow account services (whether on a trial period or monthly paid subscription) (the “Services“) on our website kashflow.com (the “Site“).

2. Interpretation

2.1 In the General Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:

2.2 All references to Clauses are, unless otherwise expressly stated, references to the Clauses of these General Terms.

2.3 The headings in the General Terms are inserted for convenience only and shall be ignored in construing the General Terms.

2.4 References to statutory provisions shall be construed as references to those provisions as amended, consolidated, extended or re-enacted from time to time.

3. Term

3.1 The General Terms take effect from the date you begin using the Services and subject to Clause 7 (Termination) shall continue in effect for the duration of your use of the Services.

4. Terms of use of the services

4.1 The Customer shall:

4.1.1 comply with any and all instructions provided to the Customer by KashFlow relating to the Service;

4.1.2 comply with the terms of the Privacy Policy;

4.1.3 not use the Services for any immoral or illegal purpose or in any way that would bring KashFlow into disrepute;

4.1.4 procure that its officers and employees co-operate with KashFlow, its agents and sub-contractors in carrying out the Services; and

4.1.5 be responsible for any and all applicable sales, use, excise, value added or other taxes and duties and any other fees, charges or payments payable to any governmental or regulatory authority, body or organisation incurred as a result of or in connection with the use by the Customer of the Services.

5. Pricing and payment

5.1 For the purposes of these General Terms references to “Fees” shall mean the fee as posted on our Site from time to time and applicable in respect of your subscription to KashFlow’s Services.

5.2 In consideration of the supply of the Service, the Customer agrees to pay KashFlow the Fee in accordance with the payment terms advertised on the Site at the relevant time. Unless otherwise expressly stated, all prices are exclusive of value added tax.

5.3 KashFlow shall send an electronic receipted invoice to the Customer upon receipt by KashFlow of the relevant payment.

5.4 Without prejudice to any other right or remedy it may have, KashFlow reserves the right to set off any amount owing to it at any time from the Customer against any amount payable by KashFlow to the Customer under or in connection with the General Terms.

5.5 If the Customer fails to pay any amount payable by it under the General Terms then KashFlow reserves the right to restrict access the Services until payment is made.

5.6 No refund of any Fees shall be given under any circumstances.

5.7 Users of the Business + Payroll package will have 5 employees within a maximum of one company included within the pricing. Any additional employees or companies will be subject to the standard KashFlow Payroll pricing.

5.8 Discount codes (also known as ‘affiliate codes’ or ‘promo codes’) may only reduce the standard pricing for a maximum period of 6 months, thereafter the standard pricing will be applicable.

6. Intellectual property rights

6.1 For the purposes of these General Terms references to the “Intellectual Property Rights” shall mean all patents, rights to inventions, copyright and related rights, trade marks and trade names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including without limitation know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

6.2 The Customer acknowledges and agrees that all Intellectual Property Rights existing or arising in any materials, know-how, specifications, inventions, processes, software, data or information supplied by KashFlow under or in connection with the General Terms shall at all times belong to and remain vested in KashFlow or its licensors and, save as expressly provided hereunder, no proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to the Customer.

6.3 KashFlow shall indemnify the Customer against any claim (including, without limitation, any losses and liabilities arising out of such claim but excluding any indirect, special or consequential loss or loss of profits, revenue or goodwill) that the Customer’s use of the Service in accordance with the General Terms infringes the Intellectual Property Rights of any third party, provided the Customer:

6.3.1 promptly notifies KashFlow in writing of any such claim and not making any admissions of liability or settling any such claim without KashFlow’s prior written consent;

6.3.2 allows KashFlow (at KashFlow’s request and expense) to solely conduct all negotiations and litigation resulting from any such claim; and

6.3.3 at the request and expense of KashFlow, gives all reasonable assistance with such negotiations or litigation.

6.4 Clause 6.3 sets out KashFlow’s entire liability to the Customer in respect of the infringement of the Intellectual Property Rights of any third party.

6.5 If any claim is made against KashFlow or the Customer alleging that the Customer’s use of the Service infringes the Intellectual Property Rights of a third party and the Customer’s use of the Services is not in accordance with the General Terms, KashFlow shall not be responsible and shall be entitled:

6.5.1 to require the Customer to cease using the Service until otherwise notified by KashFlow in writing, and

6.5.2 to require the Customer to indemnify KashFlow against any direct or consequential claim which may be brought against KashFlow by a third party under Clause 6.5.

6.6 The Customer undertakes to notify KashFlow promptly of any infringement of the Intellectual Property Rights referred to in Clause 6.5 of which the Customer is or becomes aware and to render to KashFlow and/or KashFlow’s relevant licensors all reasonable assistance in relation to any action, suit or proceeding taken by KashFlow and/or its relevant licensors in respect of such infringement.

7. Termination

7.1 The Customer shall be deemed to have terminated the General Terms if:

7.1.1 The Customer does not elect to subscribe to the Services at the end of any trial period advertised on the Site; and/or

7.1.2 The Customer cancels their subscription to the Service or fails to pay KashFlow for a subsequent renewal.

7.2 KashFlow may terminate the General Terms at any time by giving the Customer not less than one (1) month’s prior notice by email.

7.3 Without prejudice to its other rights and remedies, either party may, by written notice to the other, terminate the General Terms with immediate effect if the other party:

7.3.1 Subject to Clause 7.4, commits a material breach of the General Terms and shall, in the case of any remediable breach, fail to remedy the same within 14 business days of receipt of a written notice from the non-breaching party requiring such remedy; and/or

7.3.2 is unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986) or otherwise becomes insolvent or an order is made or a resolution passed for the administration, winding-up or dissolution of the other party (other than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of the other party’s assets or the other party enters into or proposes any composition or arrangement with its creditors generally or anything analogous to the foregoing occurs in any applicable jurisdiction or if it ceases to trade or threatens to cease to trade.

7.4 For the avoidance of doubt, failure by the Customer to pay any Fees due to KashFlow in full in cleared funds by the due date shall constitute a material breach of the General Terms. Failure by the Customer to pay the Fees to KashFlow in cleared funds by the due date on more than two occasions shall entitle KashFlow to terminate the General Terms forthwith on giving written notice to the Customer.

8. Consequences of termination

8.1 Upon termination of the General Terms, KashFlow shall cease to make the Service available to the Customer.

8.2 Upon termination of the General Terms for any reason, the Customer shall promptly return (or at KashFlow’s request destroy) all copies in any form (including in any human or machine readable form) of any materials relating to the Services which have been provided to the Customer by KashFlow as part of the Services and which are in the possession, custody or control of the Customer or its officers, employees or agents.

9. Warranties

9.1 KashFlow warrants that it has all requisite power and authority to execute, deliver and perform its obligations under the General Terms.

9.2 The Customer warrants that

9.2.1 it shall comply with all applicable laws and regulations relating to the Service and with all applicable rules, regulations and guidelines (whether or not having the force of law) of any regulatory organisations or bodies of which it is a member or by which it is bound; and

9.2.2 it has all requisite power and authority to execute, deliver and perform its obligations under the General Terms.

9.3 KashFlow does not warrant that the Service will meet the Customer’s requirements nor that the Services provided through the Site will be error-free or uninterrupted.

9.4 The Services are provided on an “as is” basis. Save as expressly set out in the General Terms, all conditions, representations, warranties, undertakings or terms whether express or implied, statutory or otherwise, including in particular any implied warranty of satisfactory quality or fitness for any particular purpose or use are excluded from the General Terms to the fullest extent permitted by law.

9.5 The Customer confirms that neither KashFlow nor any of its representatives has made any claims or representations of guaranteed or anticipated profits that may result from the use of the Service and KashFlow expressly disclaims liability for any profit projections which may have been provided to the Customer.

10. Liability and indemnity

10.1 Save in respect of liability for death or personal injury arising as a result of KashFlow’s negligence, the total aggregate of KashFlow’s liability howsoever arising under or in connection with the Services, whether in respect of a single occurrence or a series of occurrences, shall not exceed in any year the sum of the Fees paid by the Customer from the 12 month period preceding the date when the claim arose.

10.2 Subject to Clause 10.1, KashFlow shall not be liable to the Customer for any loss of profits or goodwill or any other type of special, indirect or consequential loss or revenue of any nature whatsoever (including loss or damages suffered as a result of an action brought by a third party) whether arising from negligence, breach of contract or otherwise, even if such loss was reasonably foreseeable or KashFlow had been advised of the possibility of the Customer incurring the same, and such liability is hereby excluded to the fullest extent permitted by law.

10.3 The Customer hereby undertakes and agrees to indemnify KashFlow and keep it fully indemnified from and against any costs, losses, damages, expenses and/or liabilities (including without limitation any legal fees and expenses) which may be suffered or incurred by KashFlow arising out of or in connection with (i) any claims, proceedings, demands or actions by third parties arising out of or in connection with KashFlow’s supply of and/or the Customer’s use of the Service (including without limitation claims under the Data Protection Act 1998) and/or any breach of the Customer’s undertakings or obligations set out in the General Terms, and/or (ii) any breach by the Customer of its obligations under the General Terms, and/or (iii) the Customer’s negligence or wilful misconduct.

10.4 The Customer agrees that all the limitations and exclusions of liability in favour of KashFlow in the General Terms are reasonable in the circumstances under which the Service is to be performed.

11. Confidentiality

11.1 The parties recognise that under these General Terms they may receive each other’s trade secrets and/or confidential or proprietary information of the other party. All information belonging to or relating to a party including without limitation information concerning business plans, customers, supplies, services, intellectual property and/or financial results received by the other party as a result of entering into or performing the General Terms which is designated as confidential by the disclosing party or is otherwise clearly confidential in nature constitutes “confidential information”.

11.2 Each party agrees not to use confidential information for any purpose other than the purpose for which it is supplied under the General Terms and agrees not to divulge confidential information received from the other party to any of its employees who do not need to know it, and to prevent its disclosure to or access by any third party without the prior written consent of the disclosing party except to its professional advisers or as may be required by law or any legal or regulatory authority.

11.3 Each party will use a reasonable degree of care which in any event will not be less than the same degree of care which the receiving party uses to protect its own confidential information to keep and ensure its employees and agents keep any and all such information confidential. This obligation will survive the termination of the General Terms, in respect of a particular item of confidential information, until such earlier time as that item of confidential reaches the public domain other than through the receiving party’s own default.

12. Data protection

The Customer consents to KashFlow using its personal data (such as the Customer’s name, contact details, address and any other information which personally identifies the Customer) in accordance with KashFlow’s Privacy Policy.

13. Customer’s IPR

13.1 Subject to Clause 13.2, the Customer agrees that KashFlow may use the Customer’s logo, name and trade marks in connection with KashFlow’s advertising and marketing materials but only in accordance with Clause 13.2.

13.2 KashFlow shall submit all advertising and marketing materials which incorporate the Customer’s logo, name and/or trade marks to the Customer before publication. The Customer shall have a period of seven (7) business days commencing on the date on which KashFlow sends the materials in which to notify KashFlow as to whether the Customer approves or disapproves the materials, such approval not to be unreasonably withheld or delayed. If the Customer does not communicate its approval or disapproval to KashFlow within such seven day period, the Customer shall be deemed to have approved the materials.

14. Force majeure

Neither party will be liable to the other for any delay or non-performance of the other party’s obligations under this Agreement arising from any cause or causes beyond its reasonable control.

15. Assignment

15.1 The Customer shall not, without the prior written consent of KashFlow, sub-licence, assign or otherwise transfer or dispose of all or any part of the Customer’s rights or obligations under the General Terms.

15.2 KashFlow shall be entitled to delegate or sub-contract the performance of all or any part of its obligations under or in connection with the General Terms to any third parties as is necessary to provide the Services.

16. Survivorship

All Clauses intended by their nature to survive termination (including but not limited to Clause 8) shall survive the termination of the General Terms.

17. Severance

If any provision of these General Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.

18. Entire agreement

18.1 These General Terms together with the Privacy Policy constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes any previous agreement between the parties relating to such matters.

18.2 Each of the parties acknowledges and agrees that in entering into these General Terms and the documents referred to in them, it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these General Terms or not) other than as expressly set out in this these General Terms.

19. Further assurance

Each party will, at the request of the other party and at its own cost, do (or procure others to do) everything necessary to give the other party the full benefit of these General Terms.

20. Benefit of agreement

No person who is not a party to these General Terms is intended to receive a benefit under, or be entitled to enforce, this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.

21. Waiver and remedies

No forbearance or delay by either party in enforcing its rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.

22. Notices

22.1 All notices shall be made in writing and sent by prepaid first class post, by facsimile, e-mail or delivered by hand to, in the case of KashFlow, the address set out at the beginning of the General Terms and, in the case of the Customer, to the address notified to KashFlow by the Customer (or to such other address as each party may from time to time notify in writing to the other party).

22.2 Any notice served by facsimile or e-mail shall be deemed served at the time of transmission provided the sender can show satisfactory transmission and posts a hard copy of the notice within 24 hours of service provided that if any such notice would otherwise be deemed to be served outside working hours, such notice shall be deemed to be served at the start of working hours on the next business day. Any notice served by post shall be deemed served two business days after the date of posting and any notice delivered by hand, upon delivery.

23. Changes to the General Terms

KashFlow may change these General Terms from time to time at its absolute discretion without prior notice to the Customer. The Customer agrees that such changes will be binding on it. Any changes will be posted on KashFlow’s Site and will amend and form part of these General Terms. The Customer is responsible for reviewing the KashFlow Site on a regular basis to obtain timely notice of any such changes. The General Terms and any new agreement entered into after such changes have been posted will include those changes.

24. No partnership or agency

Nothing in these General Terms will be construed as constituting or evidencing any partnership, contract of employment or joint venture of any kind between either of the parties or as authorising either party to act as agent for the other. Neither party will have authority to make representations for, act in the name or on behalf of or otherwise to bind the other party in any way.

25. Applicable law

The General Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.

Changes to this policy

We will post any changes to this policy on our website. Those changes will then apply to any future use by you of our website.

Contact Details

All contact details including legal disclosure requirements can be found on our contact page.