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CashFlow Manager Terms and Conditions
Meaning of words
In these Conditions:
- ‘Account’ means your CashFlow Manager account that you create when signing up for CashFlow Manager.
- ‘account information services’ has the meaning given to it in the Payment Services Regulations 2017.
- ‘App’ means the CashFlow Manager app provided by tomato pay and us.
- ‘Conditions’ means these terms and conditions.
- ‘Contributions’ means any data that you upload or permission to the App.
- ‘Equipment’ means your mobile phone, computer or any other electronic device you use to access the Service or App.
- ‘tomato pay’ means Fractal Labs Limited, trading as tomato pay, a company registered in England and Wales under company number 8972946 and having its registered address at Flat A, 123 Southgate Road, London N1 3JY. Fractal Labs Limited is regulated by the Financial Conduct Authority as an Authorised Payment Institution (reference number 813019).
- ‘Help Desk’ means firstname.lastname@example.org a dedicated mailbox service we provide to assist you with the Service.
- ‘payment initiation service’ has the meaning given to it in the Payment Services Regulations 2017.
- ‘Service’ means the CashFlow Manager platform and services provided via the App.
- ‘we’, ‘our’, ‘us’ and ‘Bank’ means Santander UK plc a company registered in England and Wales under company number 2294747 and with our registered office at 2 Triton Square, Regent’s Place, London NW1 3AN, United Kingdom. Telephone 0870 607 6000.
- ‘you’, ‘your’ and ‘Customer’ means the legal entity which is registered to use the Service and which by clicking the box on the landing page that you have read and accept these Conditions agrees to these Conditions.
- Data Protection Law means the Data Protection Act 2018, the UK GDPR, the General Data Protection Regulation (2017/679) (GDPR), the Privacy and Electronic Communications Regulation and all applicable laws which replace these including all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (or the data protection authority which replaces it). Any reference in these terms and conditions to “data controller”, “data processor”, “data subjects”, “personal data”, “process”, “processed”, “processing” and “supervisory authority” shall have the meaning set out in the GDPR.
Eligibility, usage and access to Service.
- We have teamed up with tomato pay to provide you with the Service. We are regulated by the Financial Conduct Authority (reference number 106054) and are permitted to perform regulated activities such as account information services.
- To use the Service you must have set up an Account and have downloaded the App. Once you have downloaded the App you will be able to login to your Account using the credentials you created on signup. The information you provide on registration must be true, accurate, current and complete and you are responsible for maintaining that data.
- The Service allows you to perform a range of tasks including (but not limited to) analysis of your transaction data to generate financial forecasts and useful alerts as well as giving you closer control of and better visibility of payments. You may also access payment initiation services via the Service. Any use of the payment initiation services will be governed by tomato pay’s terms and conditions. We have no liability or responsibility in relation to the availability of or your use of the payment initiation services.
- As part of the Service, we provide account information services using Open Banking to enable us to collect your banking transaction data and use such data to provide elements of the Service along with tomato pay, such as providing financial insights, aggregated balances and financial forecasting. You can connect your bank accounts from other providers and view all of your transactions within the App. You can read more about Open Banking here.
- To connect a non-Santander bank account using the account information services you need to select the bank that you would like to connect from the list displayed, you will then be redirected to the relevant banking app to give consent, you will need to follow the instructions in your banking app to do this. Once you have given your consent, you will be redirected to the App and you will receive a confirmation that your bank account has been successfully connected. You can check whether your bank can be connected here.
- If you decide to disconnect a bank account from the Service you can do so at any time by removing your consent by going into the ‘accounts permissioned’ part of the App and removing the permission or by allowing your consent to expire by not re-permissioning your data, which is required every 90 days (or however long the maximum Open Banking consent period is at the time).
- We or tomato pay may make operational changes to the functionality of the services available under the Service at any time. Where such a change would require an update to these Conditions, Condition 6.1 below will apply.
- You are responsible for obtaining and maintaining your Equipment, for ensuring that it is compatible with the App, is secure and free from interference and contamination by an unauthorised entity and that you are authorised to use your Equipment where you do not own it or a third party has rights in relation to it (for example, third party software licences). Neither we nor tomato pay have responsibility or liability with respect to your Equipment.
- Neither we nor tomato pay guarantee the speed of, or uninterrupted or continuous access to, the Service or App as it can be dependent upon factors external to us. We and tomato pay shall use reasonable endeavours to keep the Service and App free from malicious activity such as viruses and corrupt content but we cannot guarantee that the Service or App is always free from contamination. Neither we nor tomato pay shall be liable for any loss or damage you suffer if your Equipment is infected by a virus or corrupt file unless such loss or damage is the direct result of our negligence or deliberate default.
- The Service is not a financial adviser and is not intended to provide financial advice. Neither we nor tomato pay make any representations, warranties or guarantees of any kind that the Service is appropriate for you. Your use of Service and all information and other content included in or accessible from the App is at your risk. For financial advice we recommend that you seek advice from a qualified financial adviser.
- Your use of the Service is entirely voluntary.
- Many account banks are bound by applicable law and regulation to allow us to access your account information with your permission. Where they place restrictions, it is your responsibility to check with your account bank why that is the case if you wish to continue using the Service.
- We do not check and we are not responsible for the accuracy of the account information we receive from the account bank.
- The Service is available to UK Customers only and you should not attempt to use it outside of the UK.
- You must be at least 18 years old in order to use the Service.
- You will not use the Service in a way which breaches applicable law or regulation and/or the terms of this Agreement.
- You will keep any login credentials secure and not share them with anyone else.
- You will not copy, reverse engineer, amend, alter or adapt any part of the App.
- Should you wish to raise any complaint regarding the App you should contact us at email@example.com rather than the Apple app store, Google Play or any other application store.
Termination or suspension of the Service
- You can end your use of the Service at any time by revoking your consent and deleting the App/ your Account. Where you delete the App but do not first revoke your consent, your consent will remain in place until the expiry of 90 days (or however long the maximum Open Banking consent period is at the time) at which point your consent will expire.
- Your use of the Service will end automatically if you delete your Account and the App.
- Your information may be retained for a maximum period of 10 years. Where your data is personal data, the retention periods in our privacy notice will apply.
- We may close or suspend your use of the Service or App, or any part of it, at any time. If we decide to do this, we will give you at least 2 months’ notice by email or in writing.
- If we need to carry out maintenance or improvement work to the Service or if we are required to do so by circumstances beyond our reasonable control we may have to withdraw or suspend the Service so that it ceases to be available to any of our Customers. If we do this, we will give you prior notice through the Service or by putting a notice on our App. We may be unable to give you prior notice if the maintenance or repair work is urgent and important or due to circumstances beyond our reasonable control or is required by applicable law or regulation.
Fees and Charges
- Access to the App and account information services provided by us is free of charge.
- If you would like to use the payment initiation services provided by tomato pay then this may be subject to charges, the details of such charges are set out in the tomato pay PIS terms and conditions.
Changes to these Conditions
- We may change any of these Conditions at any time provided we give you at least 2 months’ notice of any change to a Condition.
- At any time up to 2 months from the date of notice you may, without notice, stop using the Service immediately. If you continue to use the Service, you will be treated as accepting the changes once the notice period has elapsed.
- The 2 months’ notice period referred to in 6.1 and 6.2 above may not apply where a change has to be made in order for us to comply with legal or regulatory requirements. In such cases changes may be effective immediately.
- We will prompt you to re-read these Conditions in the App if we need to change them.
Communications under the Payment Services Regulations 2017
- In the event we are required to make a communication to you under the Payment Services Regulations 2017, we will:
- contact you via the App or email you.
- In the event of suspected fraud, we will contact you via email.
- The Service does not provide financial planning services, broking services, or tax or financial advice.
- For any support, guidance or query in relation to the Service, we advise you to contact our Helpdesk at firstname.lastname@example.org.
- You may not pass on or transfer to anyone else any of the rights, obligations or interests created in these Conditions but subject to any legal requirements, we may do so at any time.
- Apart from You and us, no other person has any right to enforce any of these Conditions.
- Each of these Conditions is separate from all other Conditions, so that if one is found to be invalid or unenforceable this will not affect the validity of any of the others.
- If we do not enforce or decide to waive any of the rights we have under these Conditions, or if we delay in enforcing them, that does not stop us from taking any action to enforce our rights in the future.
- The headings used in these Conditions are for ease of reference only and shall not affect the meaning of these Conditions.
- These Conditions are available in English only and all communications from us will be in English. We will only accept communications and instructions from you in English.
- English law applies to these Conditions (and to any non-contractual obligations arising out of or in connection with them). You and we agree the courts of England and Wales will have non-exclusive jurisdiction to hear any disputes arising in relation to these Conditions.
- The copyright, trade marks and other intellectual property rights in the content of the Service are owned or licensed by us or tomato pay. The names and logos of any third parties mentioned in the App may be the trade marks, trade names or unregistered trade marks of those third parties and are used by us with the permission of such organisations.
- If you have a complaint about the Service please email us at email@example.com. Our staff can provide you with information explaining how we handle complaints upon request: this can also be obtained from the telephone number provided. If after you have given us a chance to put things right you remain unhappy about the Service you can contact the Financial Ombudsman Service. The contact details and details of how to complain to the Financial Ombudsman Service are available at financial-ombudsman.org.uk.
- The Financial Ombudsman Service cannot deal with complaints concerning banking services provided outside the UK (outside England, Wales, Scotland and Northern Ireland).