Introduction
This is an agreement outlining the terms under which Swiftpay will carry out its service. This agreement affects you and before you sign up for the Swiftpay service you must read these terms and conditions.

By checking the consent box on the Swiftpay membership form you are agreeing that you have read these terms and conditions and that these terms and conditions constitute the terms of a legally binding agreement between you and Swiftpay.

We may amend this Agreement at any time by posting the revised terms and conditions on the Swiftpay site - by continuing to use this service you accept these revised terms.

Definitions
Swiftpay: The online interface that allows Swiftpay members to purchases goods and/or services online from merchants that accept Swiftpay as a method of payment, and transfer monies to other Swiftpay members.

Account: The account created by Swiftpay for your personal use that allows you to buy from Swiftpay Approved Merchants online and allows you to keep track of your transactions.

Service: That service provided by Swiftpay that allows Swiftpay members to buy online from Swiftpay Approved Merchants.

Agreement: The Terms and Conditions of use.

Member: You, any user of the Swiftpay service.

Swiftpay Members
Conditions of Eligibility

  • You must be over the age of eighteen at the time you sign on for the service.
  • You must be of the age of majority in your domicile's jurisdiction
  • You must have read, understood, and agreed to abide by, these Terms and Conditions.
  • You must agree not to use the Swiftpay service in circumstances that would entail the breaking of any applicable law.

No Multiple Accounts
Each Swiftpay member shall have one account and one account only. A Swiftpay member who has registered for more than one account may have his or her accounts terminated without prior notice and be denied further use of the Service.

Registration
You agree that by registering with Swiftpay the information you provide shall be true, accurate and complete. You agree to update your information should your circumstances change. You agree to never impersonate another person. You agree never to use a name, information or credit cards that your are not legally authorised to use. In the event of information provided by you transpiring to be untrue, inaccurate, not current or incomplete, Swiftpay, without limiting our other remedies available under law, reserves the right to immediately terminate your use of the Service without prior notice, and we, our agents, subcontractors and suppliers, also reserve the right to recover from you any losses or costs incurred as a direct or indirect result of misleading or incomplete information. You authorize Swiftpay and our agents, suppliers and subcontractors to execute such enquiries with any third party we or they consider necessary to validate your registration.

Use
You will never use the Service for purposes other than that which it was designed to provide. You will not use Swiftpay for any purposes that would be considered illegal or criminal under laws applicable to you. We make no guarantee or warranty as to the legality or otherwise of the goods or services offered by Swiftpay Approved Merchants, and it is your sole responsibility to ensure that the goods or services are legally for sale, and your use of said goods or services is legal.

Funding of Account
You may fund your account through a variety of means. Should you choose to fund it by Credit Card, each request from you to Swiftpay to fund said account shall constitute a valid authorisation for Swiftpay to deduct the amount specified as per your request from your credit card. Swiftpay will send an email confirming the funding of your account.

Cash Advances
You will not attempt to provide yourself with a cash advance from your credit card. Swiftpay is neither liable nor responsible for any fees incurred by your credit card provider in connection with either funding your account or using the Swiftpay Service.

Credit Check Authorisation
You authorise Swiftpay to execute any and all such credit checks as may be deemed necessary by Swiftpay, our agents, suppliers or subcontractors.

Correct Addressing
By signing up to the Swiftpay Service you represent that you have internet access and a functional email address. You have sole responsibility for ensuring that your email address is correct, current and functional. Swiftpay are not liable for any undelivered Email communications and or costs incurred by you in your maintenance of internet access and an email account. You agree to notify Swiftpay promptly of any changes in email or postal addresses.

Identity
You agree to provide Swiftpay with any such evidence of identity as may be requested by Swiftpay. Failure to provide such evidence may lead to termination of service.

Refund
Swiftpay will refund such monies used to fund your account from your account as you request.

The Swiftpay Service
The Nature of Electronic Communication. This agreement, and other communications, notices or agreements may be provided to you electronically and you agree to receive such communications in electronic form, either as postings on the Swiftpay website or via email. You agree to print a copy of any such communications and retain them for your records. You further agree that all communications, in paper or electronic format, are considered "in writing," and are further considered to have been received no later than five (5) business days after posting or dissemination, irrespective of whether or nor you have received or retrieved the communication. If you revoke your consent to receive communications electronically, Swiftpay may, at our sole discretion, terminate your right to use the Service.

Communications Risk
Swiftpay is neither responsible nor liable for payments made since your last connection that are lost due to the loss or malfunction of a communications device used by you to convey information to Swiftpay.

Privacy
Please follow the link to the statement of our privacy policy.

Fees
Please follow the link to the statement of our fees.

Distinction between the Service provided by Swiftpay and that provided by a bank
You agree that Swiftpay is not a banking service, that no Member accounts, including your own, are insured by any government agency of any nation, that the Service is not subject to banking regulations, and that any interest earned by Swiftpay through investment in liquid assets is solely the property of Swiftpay.

Inactive Accounts
In the event of your account being inactive for a period of three (3) months, Swiftpay will send you an email notifying you of this fact. If, ninety days after the sending of the email you have failed to redeem your account balance, you will be deemed to have forfeited the outstanding balance in your account to Swiftpay and you shall longer have any rights therein.

Password
The password you are issued when you open you Swiftpay account is your responsibility. You must keep it secret and not disclose it to a third party. Swiftpay cannot accept responsibility for losses incurred by Members through misuse of passwords.

Close Account
You are free to close your account at any time of your choosing, subject to the remarks above concerning Inactive Accounts. Should you choose to close your account, any monies in your account will be paid to you in full immediately.

Hacking
Use of the service for any purpose other than the buying of goods and services online through a Swiftpay Approved Merchant, or the transfer of funds between Members, including, but not limited to, tampering, hacking, modifying or otherwise compromising the security and functionality of the Service will result in the immediate termination of your account without notice. You will be further liable for further damages and other penalties, including criminal prosecution.

Indemnification
You agree to indemnify and hold Swiftpay, our affiliates, officers, directors and employees harmless from any claim, action, demand, loss or damages which we or they suffer or incur as a result of or in connection with or arising out of the Service or any third party claim made in connection therewith.

Choice of Law
This agreement is governed by the laws of the Republic of Ireland as such laws are applied to agreements entered into and performed entirely within the Republic of Ireland by Republic of Ireland residents.

Disclaimers

Processing
Swiftpay makes all reasonable efforts to ensure that member requests are executed promptly. However, as external factors beyond Swiftpay's control can alter when funds are received, Swiftpay makes no warranties or representations regarding the time it takes to process a request, nor shall Swiftpay be liable for any damages, actual or consequential, arising from a claim of delay.

Account Use
You will not use the Service for purposes that are improper, fraudulent or unlawful. If Swiftpay has reason to believe that such purposes have been engaged in, including any violation of these terms and conditions, the Service may be immediately terminated or suspended without prior notice. You will co-operate fully in any investigation of activity that may be considered improper, fraudulent or illegal.

Restrictions
Swiftpay, at Swiftpay's sole discretion, may terminate an account for any of the following events, and you may forfeit all funds currently in your account:

  • Reports of unauthorised credit card use
  • Initiation of a charge back process through your issuing bank
  • Receipt of potentially fraudulent funds
  • Unconfirmed identity
  • Activities that may be construed as cash advances or assisting in cash advances
  • Opening multiple personal Accounts
  • Use of the Account in the facilitation of fraudulent or activity which could potentially be viewed as illegal in the jurisdiction in which the customer resides
  • Use of personal accounts to accept payments for business transactions such as sales of goods or services via the Internet
  • Breach by you of any of the terms and conditions here listed

Termination
Swiftpay reserves the right to terminate an account at Swiftpay's sole discretion, without prior notice or reason and at any time.

Trademarks
All logos, products, design features and services on this website are trademarks of Swiftpay and may not be copied, imitated or used without prior written permission.

Use of Logos
Swiftpay is a payment service, and recognises no employer-employee, joint venture, partnership nor agency as being created by this agreement.

Funds
Swiftpay reserves the right to hold funds involved in transactions that seem suspicious in order to prevent fraud or like illegality.

Payments
If you are a recipient, you assume all risks in accepting payments from Senders. Payments received from a Sender may be reversed if the Sender's account cannot adequately meet the amount of the Payment by using an existing balance, valid credit card or a valid bank account. You are fully responsible for any goods bought or sold or any services provided by or to another user or merchant and settled through the Swiftpay system. You agree that a payment received from or paid to another user is final and not reversible. Any disputes that arise between users relating to payments made or any other transactions between individuals are not the responsibility of Swiftpay.

Mistaken Purchases
Swiftpay accepts no responsibility for purchases made from an incorrect merchant by a member's human error.

Data Interception
Swiftpay accept no liability where data is intercepted in situations over which we do not have direct control.

Warranties
Swiftpay, our affiliates, agents and licensors disclaim all warranties expressed implicitly or explicitly of merchantability and fitness for any purpose of the Swiftpay Service. Furthermore, neither Swiftpay, our affiliates, agents nor licensors shall be liability for any damages, losses or claims connected with the use of the Swiftpay Service.

Acts of God
Swiftpay accept no liability in cases of delay or loss through events beyond Swiftpay's control, such as, but not limited to, Acts of God, fire, explosion, earthquake, war, sabotage, accident, embargo, riot, storm, strike, lockouts or any such event that may lead to failure, interruption or disruption in interconnect services in electronic or mechanical equipment.

These terms of use are subject to revision at any time, and the member undertakes to review these terms of use before undertaking a transaction.

Terms and Conditions Privacy Statement