Swyftly

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Terms and Conditions

Effective Date: 09 September 2024

Welcome to Swyftly Technologies Inc. (“Swyftly”). By accessing or using our website, platform, or services, you agree to comply with and be bound by the following terms and conditions. Please review them carefully.

  1. Introduction
  2. These Terms and Conditions (T&C) govern your use of Swyftly's website, platform, and services (collectively, the “Service”) as a business entity. By using the Service, you accept these T&C in full. If you disagree with these T&C or any part of them, you must not use the Service.

  3. Definitions
    • “Company,” “We,” and “Our” refer to Swyftly.
    • “User,” “You,” and “Your” refer to any business entity using the Service.
    • “Service” refers to all services provided by Swyftly, including business-to-business (B2B) payment processing and related compliance features available on https://payswyftly.com.
  4. Eligibility
  5. By using Swyftly, you represent that you are a legally incorporated or registered business entity and have the legal authority to enter into contracts on behalf of your business. If you are using the Service on behalf of another business, you warrant that you are authorized to bind that business to these T&C.

  6. Account Registration & KYC Compliance
  7. To use certain features of the Service, you may be required to register for an account. You agree to:

    • Provide accurate, current, and complete information about your business during the registration process.
    • Comply with Swyftly's Know Your Customer (KYC) and due diligence requirements, including submitting identification and business verification documents. This is necessary to meet legal obligations under the Anti-Money Laundering Act (AMLA) and other applicable laws in the Republic of the Philippines.
    • Update your account and business information promptly as required by our ongoing compliance monitoring.
    • Maintain the confidentiality of your account credentials and be fully responsible for all activities that occur under your account.
  8. Prohibited Uses
  9. You agree not to use the Service for any unlawful or prohibited purpose, including, but not limited to:

    • Engaging in or facilitating any illegal activities, including but not limited to money laundering, terrorist financing, or fraud.
    • Using the Service in a manner that could damage, disable, overburden, or impair any aspect of the Service.
    • Attempting to gain unauthorized access to the Service, accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
    • Engaging in deceptive practices or false representations in connection with your transactions or use of the Service.
  10. B2B Payment Processing and Compliance
  11. By using Swyftly's platform for business-to-business payments, you acknowledge and agree to the following:

    • Transaction Monitoring: Swyftly will monitor transactions for suspicious activity, money laundering risks, and compliance with applicable financial regulations. Transactions may be subject to review and investigation by our compliance team.
    • KYC and Transaction Reviews: You understand and agree that Swyftly has the right to request additional information and documentation related to any transaction to ensure compliance with AMLA and other anti-money laundering (AML) and counter-terrorism financing (CTF) laws.
    • Transaction Suspension: Swyftly reserves the right to suspend or terminate transactions and/or accounts if we believe they are involved in illegal activities, present high compliance risks, or violate these T&C.
    • Legal Compliance: It is your responsibility to ensure that all payments facilitated via Swyftly comply with all relevant Philippine and international laws, including, but not limited to, AML/CTF regulations and sanctions programs.
  12. Transaction Authorization
  13. When initiating payments through Swyftly, you confirm that you are authorized to make such transactions on behalf of your business. You agree that Swyftly is not liable for any unauthorized or fraudulent transactions executed using your account.

  14. Fees and Pricing
  15. All fees and pricing for using Swyftly's services are detailed on our website and are subject to change. You agree to pay the applicable fees for each transaction processed through our platform. We will notify you in advance of any changes in fees.

  16. Business Conduct and Compliance
  17. As a user of the Swyftly platform, you agree to:

    • Use the platform solely for lawful business activities.
    • Abide by all applicable laws, including those related to anti-money laundering (AML), counter-terrorist financing (CTF), and fraud prevention.
    • Ensure your business partners are legitimate and that all transactions comply with KYC, AML, and other compliance requirements set by Swyftly.
  18. Transaction Review and Investigation
  19. In compliance with AMLA and other relevant regulations, Swyftly may:

    • Investigate and review any transaction flagged as potentially suspicious.
    • Delay or withhold payments if compliance concerns arise, including the need to verify transaction legitimacy.
    • Report suspicious transactions to relevant financial authorities as required by law.
  20. Intellectual Property
  21. All content, materials, trademarks, and software on the Swyftly platform are the intellectual property of Swyftly or its licensors. You are prohibited from using, copying, or distributing any of these materials without express permission.

  22. Termination
  23. Swyftly reserves the right to terminate or suspend your account without notice if:

    • You fail to comply with KYC or other compliance requests.
    • Your activities violate these T&C or any applicable laws.
    • Your business or transactions are deemed to pose a high risk to our platform or other users.
  24. Limitation of Liability
  25. To the maximum extent permitted by law, Swyftly shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to lost profits, revenue, or business opportunities arising from your use of the Service.

  26. Indemnification
  27. You agree to indemnify and hold harmless Swyftly, its officers, employees, and agents from any claims, liabilities, damages, or expenses arising from your use of the Service, your failure to comply with compliance requirements, or your violation of these T&C or any third-party rights.

  28. Governing Law
  29. These T&C shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from these T&C or the Service shall be subject to the exclusive jurisdiction of the courts in Metro Manila, Philippines.

  30. Changes to Terms
  31. Swyftly reserves the right to update or modify these T&C at any time. We will notify users of any changes by posting the updated T&C on our website. Your continued use of the Service following such changes indicates your acceptance of the updated T&C.

  32. Contact Us
  33. For questions or concerns regarding these T&C, please contact us at:

    Email: founders@payswyftly.com

  34. Privacy Policy
  35. Your use of the Service is also governed by our Privacy Policy, which can be found at https://payswyftly.com/privacy-policy. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

  36. User Feedback
  37. You may provide feedback, comments, or suggestions regarding the Service (“Feedback”). By providing Feedback, you grant Swyftly the right to use such Feedback for any purpose without any obligation to you.

  38. Force Majeure
  39. Swyftly shall not be liable for any failure to perform its obligations under these T&C if such failure results from events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, or other unforeseen circumstances.

  40. Severability
  41. If any provision of these T&C is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

  42. Assignment
  43. You may not assign or transfer your rights or obligations under these T&C without our prior written consent. We may assign or transfer these T&C at our discretion without notice.

  44. Entire Agreement
  45. These T&C constitute the entire agreement between you and Swyftly regarding the use of the Service and supersede any prior agreements or understandings, whether written or oral, related to the subject matter herein.

  46. Third-Party Services
  47. The Service may include links to third-party websites or services. Swyftly is not responsible for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and conditions and privacy policies of any third-party services you engage with.

  48. Payment Disputes
  49. In the event of a payment dispute, you must notify Swyftly in writing within 30 days of the transaction date. Swyftly will investigate the dispute and provide a resolution in accordance with our internal policies and procedures.

  50. Limitation of Use
  51. You agree not to use the Service for any high-risk activities that may expose Swyftly to increased liability, including but not limited to adult entertainment, gambling, or multi-level marketing schemes.

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