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. |