Terms and Conditions
1. Welcome to Swifin
Thanks for your interest in Swifin, a service for eMoney, payments and remittances. The service enables money to be digitised so individuals and businesses can access electronic money and digital payment services through a pre-funded eWallet (the “Services”). With Swifin every user can make payments from their eWallet to another eWallet, enabling transfers of money between individuals. Buyers can pay merchants and merchants can collect payments thereby enabling real time settlement and reconciliation of commercial transactions.
By using our Services, you agree to these terms (the “Swifin Terms”), and the provisions in this agreement (the “Agreement”). Please read the Agreement carefully.
As used in the Agreement, you or user means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), we, us or Swifin means the eMoney service for payments and remittances offered by Sedel Capital (SCL) and its global network of joint venture partners such as Swifin Ltd (Uganda), Swifin Ltd Cameroon, and banking partners in various jurisdictions. SCL is a limited liability partnership, registered in England and Wales with registration Number OC344617. SCL is registered with the FCA with registration number 900475 as an e-money issuer and payments and remittances service provider.
2. Payment Flow, Delivery Policy and Access to the Services;
Your use of the Services is subject to your creation and our approval of an account (“eWallet”). We have the right to refuse or limit your access to the Services. By submitting an application to use the Services, you represent that you agree to these terms. By enrolling for the Swifin service, you permit SCL and all its joint venture partners to serve, and amend as applicable, (i) advertisements and other content, (ii) products and related offerings by members as may be considered applicable and (iii) related content approved by SCL. In addition, you grant SCL and its joint venture and banking partners the right to access, index and cache any content you may upload to the online transaction portal accessible via https://swifin.com , https://app.swifin.com/ or any other related web portal by way of using the services. Having an account may allow you access to such products and content that are provided free of charge. You will however be required and you agree to pay for all products you order or supply all products you sell for which a service facilitation fee may be charged during the transfer or redemption of sales proceeds. You may be granted access to the open market place so that you can advertise and list your products and services. You will also be able to make payments to other Swifin users and receive payments from other Swifin users. The payment and remittances services are provided on pre-funded basis. This means that you will only be able to make payments to others after you have funded your eWallet by transferring funds from your bank account to our bank account or by making a cash deposit with an Agent, broker or banking partner or by receiving a payment from another Swifin user.
3. Using our Services.
Swifin can only accept registrations for use of the Services from United Kingdom (“the UK”) residents or residents in the jurisdictions that Swifin holds a regulatory permit. Swifin holds a valid permit in the UK and in other jurisdictions such as in Uganda where Swifin is offered through a joint venture partnership.
You may use our Services only as permitted by this Agreement and any applicable local laws and rules and regulations. You must not misuse our Services. For example, you must not use our service platform to launder money or interfere with our Services or try to access our services using a method other than the interface and the instructions that we provide. You may discontinue your use of any Service at any time by not accessing the Services through any means.
When you create a Swifin account we can only extend our services to you to the extent allowed and permitted by local rules and regulations. Our service accounts are currency denominated and currently include GBP, EUR, USD, UGX, XAF, NGN, AOA and TZS. Swifin reserves the right to vary the range of currencies available at any time and to restrict the use of some currencies. You agree that when you hold a Swifin account in any given currency, you will be a customer of the Service entity of joint venture partner overseeing the client account in the specified currency. You agree that SCL or any of its joint venture partners will refer or assign your account to the relevant joint venture or local partner without further consultation with you and you further agree that the local joint venture reserves the right, subject to local rules and regulations, to refuse the provision of our services to you.
Any transactions you perform in your local currency will be subject to our standard transaction rates and any cross border transactions or payments you make in other currencies will be subject to our standard currency exchange rates and fees. These rates can be varied at our discretion at any time.
4. Changes to our Services; Changes to the Agreement
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether or restrict your access.
We may modify the Agreement at any time. Any modifications to the Terms will be reflected on this page. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to any modified terms in the Agreement, you may have to stop using the affected Services.
5. Payments, Refund and Cancelation Policy
Subject to this Section 5 and Section 10 of these Swifin Terms, you will be required to pay for Services you use as may be applicable. Given that the Services may include provision of access to electronic assets, you will not be entitled to a refund for any Services paid for and for which access has been correctly granted.
Unless the Services are otherwise terminated or your access is restricted, you will pay for each product for which you have completed an order. Processed transactions for purchases and refunds on returned items will be subject to processing fee of 5% of the amount in question.
Neither SCL nor any of its joint venture partners own any products listed in the market place and therefore neither SCL nor any of its joint venture partners are sellers. The Services provided by SCL and its joint venture partners and banking partners is limited to the provision of eMoney, payment and remittance services and the capability to fund, transfer, redeem and settle financial transactions through the Swifin Exchange. As a registered merchant or member with listed products or services, you are responsible for all taxes (if any) associated with the sale of your products and services. Any such taxes will be payable by you according to the local regulatory requirements. All payments by you to SCL in relation to the Services will be treated as exclusive of the relevant taxes (if applicable).
7. Intellectual Property; Brand Features
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party's licensors.If SCL provides you with software in connection with the Services, we grant you a nonexclusive, non-sublicensable licence for use of such software. This licence is for the sole purpose of enabling you to access, use and enjoy the benefits of the Services provided by SCL and its service partners. We may include your name and brand features in our presentations, marketing materials, customer lists and financial reports.
You agree not to disclose SCL Confidential Information without our prior written consent. SCL Confidential Information includes: (a) all SCL software, technology and documentation relating to the Services; (b) charges, usage rates and other statistics relating to the Services; (c) the existence of, and information about, new features in a Service; and (d) any other information made available by SCL or any of its partners that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. SCL Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you or that was lawfully given to you by a third party. Notwithstanding this Section 9, you may accurately disclose the amount of SCL's gross revenue resulting from your use of the Services.
You may terminate the Agreement at any time by giving notice in writing to us through our contact page. The Agreement will be considered terminated within 10 working days of SCL's receipt of your notice. If you terminate the Agreement you will pay all outstanding amounts due immediately before your account can be considered to have been terminated whether you still have access to the services or not.
SCL may at any time terminate the Agreement, or suspend or terminate the Services for any reason. If we terminate the Agreement due to your breach or due to invalid activity, you may not be entitled to any refund. If you breach the Agreement or SCL suspends or terminates your Account, you (i) may not be allowed to create a new Account and (ii) may not be permitted to use the services.
You agree to indemnify and defend SCL, its joint venture companies, partners, affiliates, agents from and against any and all third-party claims and liabilities arising out of or related to your use of the services, including any content uploaded by you in the course of using the services, that is not provided by SCL.
12. Representations; Warranties; Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorised to upload any content you upload by way of using the Services; (iii) you are the technical and editorial decision maker in relation to the content you upload by using the Services that you have control over the way in which the Services are used though your account; (iv) SCL has never previously terminated or otherwise disabled a service account created by you due to your breach of the Agreement or due to misuse of the Services; (v) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to SCL is correct and current.
Each party warrants to the other that it will use reasonable care and skill in complying with its obligations under the Agreement.
Other than as expressly set out in the Agreement, we do not make any promises about the Services. For example, we do not make any commitments about the content within the Services, the specific function of the Services, reliability, availability or ability to meet your needs. No conditions, warranties or other terms apply to any Services or to any other goods or services supplied by SCL under the Agreement unless expressly set out in the Agreement. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
13. Limitation of Liability
Nothing in the Agreement will exclude or limit the liability of either party for (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) anything which cannot be excluded or limited by law. Neither party shall have any liability (whether in contract, tort or otherwise) under or in connection with the Agreement for any special, indirect or consequential loss (whether such loss was foreseeable, known or otherwise).
Entire Agreement; Amendments. The Agreement is our entire agreement relating to your use of the Services and supersedes any prior or contemporaneous agreements on that subject. Neither party will have any right or remedy based on any statement, representation or warranty (whether made negligently or innocently) not expressly set out in the Agreement. This
Agreement may be amended (i) in writing where signed by both parties and expressly stated to amend the Agreement, or (ii) as set forth in Section 4, if you keep using the Services after SCL modifies the Agreement.
Assignment. You may not assign or transfer any of your rights under the Agreement.
No Third-Party Beneficiaries. Other than as set forth in Section 11, this Agreement does not create any third-party beneficiary rights.
No Waiver. Other than as set forth in Section 5, the failure of either party to enforce any provision of the Agreement will not constitute a waiver.
Severability. If it turns out that a particular term of the Agreement is not enforceable, the remainder of the Agreement will remain in full force and effect.
Survival. Sections 7, 9, 10, 11, 13 and 14 of these Terms will survive termination.
Governing Law; Venue. This Agreement is governed by English law. The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute (contractual or non-contractual) concerning the Agreement.