Swish Fibre Limited website terms and conditions

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These terms are effective from 1 February 2024

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

Who we are and how to contact us

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www.swishfibre.com is a site owned by Cuckoo Fibre Limited. Swish Fibre is a brand name of Cuckoo Fibre Limited ("We", “Our” or “us”).

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We are a full-fibre broadband provider.  We are a private limited company registered in England and Wales under company number 15060036 and whose registered office is at 6th Floor, 33 Holborn, London, EC1N 2HT)

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We are regulated in the UK by Ofcom. We are also a member of the Ombudsman Services (an independent alternative dispute resolution service), further details of which can be found in our in our Complaints Policy.

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To contact us, please email customercare@swishfibre.com or telephone our customer service line on 0800 0489415.

 

By using our site you accept these terms

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By using our site, whether as a guest or a registered user, you confirm that you accept these terms of use and that you agree to comply with them.  If you do not agree to these terms, you must not use our site.

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We recommend that you print a copy of these terms for future reference.

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There are other terms that may apply to you

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These terms of use refer to the following additional terms, which also apply to your use of our site:

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• Our Privacy Policy.  See further under How we may use your personal information.

• Our Cookie Policy, which sets out information about the cookies on our site.

• Any acceptable use policy that applies to the use of our website from time to time.

• If you purchase services from our site, our terms and conditions of supply will apply to the sales.  See Legal for the relevant terms and conditions that apply to the services you have purchased.  

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We may make changes to these terms

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We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 5 November 2020.

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We may make changes to our site

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We may update and change our site from time to time to, among other things. reflect changes to our services, our users' needs and our business priorities.   Indeed, we aim to update our website regularly to provide you with the latest information.

 

We may suspend or withdraw our site

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Our site is made available free of charge.

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We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons or any other reason we determine from time to time (e.g. to update the website with new content).  This applies whether you are using the site as a guest or a registered user.

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You are also legally responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

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We may transfer this agreement to someone else

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We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

Our site is only for users in England

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Our site is directed to people residing in England. We do not represent that content available on or through our site is appropriate for use or available in other locations.

 

You must keep your account details safe

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If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

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We have the right to disable any user identification code 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.

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If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customercare@swishfibre.com.

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How you may use material on our site

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We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it.  Intellectual property rights include patents, trademarks, service marks, trade names, copyright (including, but not only, rights in computer software and in websites), rights in databases, rights in design and know-how. Our website, and the material published on it, is protected by copyright laws and treaties around the world. All such rights are reserved.

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You may print off, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

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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.

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Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

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You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

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If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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Do not rely on information on this site

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The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

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Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.  You should check any information you get from our website before acting on it.

    

We are not responsible for websites we link to

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Where our site contains links to other sites 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.

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We have no control over the contents of those sites or resources.

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If you enter into any kind of contract or arrangement with any such third party by following a link from our website to another website, that contract or arrangement will be between you and that third party.  We accept no responsibility in relation to it.

 

Our responsibility for loss or damage suffered by you

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Whether you are a consumer or a business user:

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• 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.

• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our terms and conditions of supply of services (see www.swishfibre.com/legal) for the relevant terms and conditions that apply to the services you have purchased).

 

If you are a business user:

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• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

• 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:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

• In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

 

If you are a consumer user:

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• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

How we may use your personal information

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We will only use your personal information as set out in our Privacy Policy.

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We are not responsible for viruses and you must not introduce them

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We do not guarantee that our site will be secure or free from bugs or viruses.

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You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

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You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service 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 site will cease immediately.

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Rules about linking to our site

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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.

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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.

 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

 

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in any acceptable use policy that applies to the use of our website from time to time.

 

If you wish to link to or make any use of content on our site other than that set out above, please contact enquiries@swishfibre.com.

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No offer to provide services

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Nothing on our website should be considered an offer by us to provide any goods or services to you.  The only way in which a contract for services can be formed between you and us is where you have placed an order for services and we have confirmed our acceptance of your order in writing.

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Which country's laws apply to any disputes?

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If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you or us  may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you or us may also bring proceedings in Scotland.

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If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Trade Marks

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