Last updated on 21 November 2017
Welcome to AYAINVEST
Thanks for your interest in Swifin, a service for eMoney, payments and remittances. The service enables money to be held in a digital wallet (eWallet) so individuals and businesses can access cashless payment services through a pre-funded Swifin eWallet (the “Services”). With Swifin, every User can make payments, transfer eMoney to another Swifin User’s eWallet or pay merchants for goods and services purchased. Financial institutions can disburse loans and collect payments. Companies can make internal payments to employees. Domestic transactions are cleared and settled in real time, making the money readily available to receivers.
1. Framework Agreement
1.1 These Terms and Conditions (the “Terms”) constitute a framework agreement which sets out the conditions of your use of our Services.
1.2 BY USING OUR SERVICES, YOU ARE AGREEING TO THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST NOT USE OUR SERVICES. PLEASE READ THE TERMS CAREFULLY.
1.3 Agreement to these Terms means you are also agreeing to the following additional terms:
1.4 These Terms cover the download and use of the APP from any application store, the use of the Services on the Site at www.swifin.com, the Swifin portal at app.swifin.com or any other App provider, as well as all channels providing access to the Swifin eWallet.
1.5 These Terms shall commence on the date we confirm that your registration is successful, and shall continue until terminated in accordance with clause 12 (Termination).
1.6 These terms are between you (the “User” “you” or “your”) and us (“we”, “our”, or “us” means Sedel Capital LLP (Sedel) for UK resident Users, and Swifin Limited for Users in Uganda).
1.7 Sedel is a Limited Liability Partnership, registered in England and Wales with registration number OC344617 and whose registered office is at Level 39, 1 Canada Square, Canary Wharf, London, E14 5AB, UK. Sedel is registered by the Financial Conduct Authority (FCA) under registration number 900475 as a small e-money issuer and payments and remittances service provider.
1.8 Swifin Limited (Uganda) is a Limited Company registered in Uganda with registered office at Design Hub, Plot 3 Bata Close, 5th Street Industrial Area, P.O. Box 33306, Kampala, Uganda.
1.9 Local Laws and regulations shall govern the use of the Services by Users in the Relevant Jurisdictions.
1.10 AinFin Ltd, the parent company of Sedel and Swifin Limited (Uganda), is a technology company based in the UK that operates the Swifin technology.
2.0 Access to the Services and Payment Flow
2.1 Your use of the Services is subject to your creation of a Swifin Account and our approval.
2.2 Suspending your Swifin Account: We may suspend or limit access to your Swifin Account if we reasonably believe we should because:
A. we are carrying out an investigation connected with any unauthorised or suspected fraudulent activity;
B. a security risk has been identified and we need to secure our Services; or
C. we are required to by law.
2.3 Where permitted by law, we will notify you before suspending or limiting access to your Swifin Account and our reasons for taking such action, otherwise we will tell you immediately after. However, we will not notify you if it would be unlawful to do so or if we believe that notification will compromise reasonable security measures. We will stop any suspension as soon as reasonably practicable after the reasons for stopping use cease to exist.
2.4 Where we suspend, or block your access to our Services or a part of our Site or APP, you must not take any action to circumvent such suspension or blocking (including without limitation creating and/or using a different account).
2.5 Having a Swifin 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 and all products you sell for which a service facilitation fee may be charged during the transfer or redemption of sales proceeds.
2.7 You may make payments to other Users and receive payments from other Users. The Services are provided on a pre-funded basis. This means that you will only be able to make payments to other Users after you’ve funded your Swifin Account by a) transferring funds from your bank account to our bank account (either by way of a bank transfer, cards or by using any other payment instrument available in our system) or b) by making a cash deposit with an Agent, broker or banking partner or c) by receiving a payment from another User.
2.8 You will be able to make payments to non-Swifin-customers; however, the non-Swifin-recipient will need to create a Swifin Account and undergo verification in order to access the payment received. In certain jurisdictions, you may also transfer funds to a bank account.
2.9 We apply transaction thresholds, and we retain the right to amend our thresholds from time to time without reference to you. We shall not be liable to you for any loss, inconvenience or any claim caused as a result of any amendments to our transaction thresholds. Details of our transaction thresholds are specified at Schedule 2.
2.10 The information/unique identifier required by us from you in order for a payment to be properly executed is either the Swifin ID, mobile number, QR Code, or Swifin name of the recipient, and the same is required by any payer in order for you to receive payments. We may also make other channels available to facilitate paying in. It is your responsibility to ensure that the correct information is provided prior to confirming a payment or transfer. We will not be liable for errors on execution of a payment order due to the provision by you of incorrect information.
2.11 If you send a payment using incorrect information then we will make reasonable efforts to help you recover the funds. There is no guarantee that the funds can be retrieved and we may charge you for the recovery.
2.12 You give consent to the execution of a payment transaction by providing your PIN, a one-time pin, or any authentication process we introduce. The PIN may be delivered to you by your registered mobile number or email.
2.13 We receive payment orders instantly, and payments are transferred instantly after authentication and authorisation. Confirmation of payments are final. You may not revoke a payment order after it has been received by us.
2.14 A payment order which is executed wholly within the UK in sterling will be credited to the recipient by the end of the Business Day following the time of receipt of the payment order.
2.15 Cross border transactions may be subject to review prior to clearing. Under those circumstances, it may take up to 72 hours following receipt of the payment order for the recipient to receive the funds.
2.16 If we receive a payment order or request from you to fund your Swifin Account on a day that does not fall on a Business Day, the payment order is deemed to have been received on the following Business Day.
2.17 In order to comply with legal and regulatory requirements, we may need to transmit or share payment information.
3.1 Details of our fees and charges can be found on the main Swifin Site (www.swifin.com)
specific to your country of residence. Any updates to our fees will be reflected on the Site.
3.2 You will be asked to confirm acceptance of the fees and where it applies, exchange rate prior
to submitting the payment request.
4.Using our Services.
4.1 We can only accept registrations for use of the Services from UK residents or residents in the Relevant Jurisdictions where we hold a regulatory permit. In the UK, the service is delivered via Sedel, a registered e-money issuer at the UK Financial Conduct Authority. In Uganda, Swifin Limited holds a permit to operate through its local banking partner.
4.2 You agree to cooperate with all requests made by us to verify your identity, including but not limited to requests for further information in order to verify the information provided, information regarding source of funds, and all other information required in order for us to conduct our due diligence measures.
4.3 We may suspend, limit access to, or block your Swifin Account in the event that we are unable to obtain information or if you do not cooperate with our requests to verify your information in accordance with 4.2 of these Terms.
4.4 You may use our Services only as permitted by these Terms and any applicable laws and regulations.
4.5 When you create a Swifin Account we can only extend our Services to you to the extent allowed and permitted by laws and regulations. Our service accounts are currency denominated and currently include GBP, EUR, USD, UGX, XAF, NGN. We reserve the right to vary the range of currencies available at any time and to restrict the use of some currencies. In Cameroon, Swifin is delivered through AinFin’s financial institution partner.
4.6 You agree that when you hold a Swifin Account in any given currency, you will be a customer of the provider overseeing the account in the specified currency (the Services are offered by Sedel in the UK and Swifin Limited in Uganda). You agree that we may refer or assign your Swifin Account to the relevant provider of the Services without further consultation with you and you further agree that the local provider reserves the right, subject to Local Laws and regulations, to refuse the provision of the Services to you.
4.7 Any local transactions you perform will be subject to our standard transaction rates in that jurisdiction, and any cross-border transactions or payments you make with other currencies will be subject to our currency exchange rates and fees at the time of transaction. These rates can be varied at our discretion at any time. The updated fees can be found on the Site.
4.8 You must ensure that the information provided on your Swifin Account is always kept up to date. You are responsible for keeping the information up to date and we will not be liable for any loss caused by your failure to keep the information updated. If we need to update the information, then we may limit your access to the Services whilst we carry out further verification.
4.9 You must not:
A. misuse our Services for any illegal activity including but not limited to money laundering, fraud, funding of terrorist organisations, unlawful purchase of firearms, products prohibited by law, the unlawful purchase and sale of controlled substances and prescription drugs;
B. infringe our or any third party’s copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
C. act in a way which is offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory when using the Services;
D. use the Services to conduct any business or activities pertaining to adult entertainment/pornography and escort services;
E. 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 Services at any time by not accessing the Services through any means;
F. use our Site or APP in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;
G. use our Services or Site or APP in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
H. use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer;
I. use data collected from our Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without our consent;
J. create multiple User accounts, or create an account using personal details obtained illegally or fraudulently; and
K. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
4.10 You must ensure that all the information you supply to us through our Site or APP, or in relation to our Site or APP, is true, accurate, current, complete and non-misleading.
5.1 You must keep your Swifin Account details safe and you must treat your User ID, password or any other piece of information issued to you as part of our security procedures as confidential. You must not disclose it to any third party and you accept full responsibility for any misuse which results, either directly or indirectly, from disclosure by you howsoever disclosed.
5.2 Loss and theft: you must notify us without any undue delay on becoming aware of the loss theft, misappropriation or unauthorised use of the payment instrument (mobile phone, ipad, desktop or other means used to make the transaction). You may notify us through the help/support page on our Site, and UK Users can also email us on firstname.lastname@example.org
5.3 We have the right to disable any Swifin ID code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with these security provisions.
5.4 If you know or suspect that anyone other than you knows your Swifin ID, password or any other private information used to access your Swifin Account, you must promptly request a password reset.
6. Changes to our Services; Changes to the Terms
6.1 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. We will try to give you reasonable notice of any major changes.
6.2 These Terms may be amended unilaterally by us by providing you with two months’ notice. Any amendments to the Terms will be reflected on this page and you will be notified via the Swifin secure messaging service.
6.3 Amendments addressing new functions for a Service, the addition of new payment Services which do not change the Terms relating to the existing services, or amendments made for legal reasons will be effective immediately.
6.4 If you do not agree to any amendments in the Terms, we will deem that as notice of your wish to terminate the Services, and we will close your Swifin Account on the date the changes are due to take effect.
6.5 If we do not hear from you before the proposed date of the amendments then we will take that as notice by you of acceptance of the amendments.
6.6 Every time you wish to use our Services, please check the Terms to ensure you understand the terms that apply at that time.
6.7 We may apply changes to exchange rates immediately. Updated fees can be found on the Site.
7.Payments, Refund and Cancellation Policy
7.1 Subject to this Section 7 and Section 12 of these 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.
7.2 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 to merchants may be subject to standard transaction processing fees. Where there is a need for any transaction to be completely reversed for errors or legal and regulatory reasons there will be no charge by way of a chargeback.
7.3 If you believe that a transaction has been incorrectly executed or was not authorised by you, you must notify us immediately by logging into your Swifin Account and sending a secure message or using the customer support help desk on our Site, by using the APP chat function on our Site, or by contacting your local Agent.
7.4 Failure to notify us in a timely manner, and in any event within five (5) working days and no later than the statutory maximum period as may be required by Local Laws and regulations after the debit date, on becoming aware or any unauthorised or incorrectly executed transaction will result in you losing your entitlement to redress. The maximum period in the UK is no later than 13 months after the debit date, on becoming aware of any unauthorised or incorrectly executed payment transaction.
7.5 Where it is established that the transaction was not authorised or incorrectly executed, and you have notified us in a timely manner and in accordance with clause 7.4, unless clause 7.6 applies, we shall refund to you the full amount debited.
7.6 We will not be liable for:
A. any losses incurred were you have acted fraudulently; or
B. have with intent or gross negligence failed to comply with clauses 5.1 and 5.2,and have not notified us in time in accordance with clause 7.4.
7.7 Where clause 7.6 does not apply, you will be liable up to a maximum of £35 or the equivalent as directed by Local Laws and regulations in the Relevant Jurisdictions for losses incurred in respect of unauthorised transaction where you have failed to comply with clause 5.1 and 5.2.
7.8 This clause 7.8 only applies if you are not a consumer, Micro-Enterprise or a charity. Regulations 66(1), 67(3) and (4), 75, 77, 79, 80, 83, 91, 92 and 94 of the Payment Services Regulations 2017 shall not apply, and the below provisions shall apply:
A. if you believe that a payment order has been incorrectly executed or was not authorised by you, you must inform us as soon as possible by contacting us through the support/help page on our Site. Failure to notify us promptly on becoming aware or within 1 month of the date of unauthorised or incorrectly executed payment order will result in you losing your entitlement to have the matter remedied
B. where it is established that a payment order was not authorised by you, and you have notified us in a timely manner within 1 month of the date of the unauthorised payment order, we will be liable for all losses if you can prove beyond a reasonable doubt that the unauthorised payment order was performed as a result of our gross negligence; and
C. except as set out in this Clause 7.8 you will be liable for all losses incurred with respect to a payment order which were not authorised by you.
We, nor any of our joint venture partners are not sellers, and therefore do not own any products listed in the marketplace or any other third party site that sells products and collects payments using Swifin. The Services provided by us and our joint venture partners and banking partners are limited to the provision of eMoney, payment and remittance services and the capability to fund, transfer, redeem and settle financial transactions through the Swifin platform. If you are a registered merchant or member with listed products or services in any online site or simply using our service to collect payments, 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 us in relation to the Services will be treated as exclusive of the relevant taxes (if applicable).
9. Intellectual Property; Brand Features
9.1 The intellectual property rights in the Swifin platform are owned by AinFin. Intellectual property rights means patents, rights to inventions, copyright, design rights, database rights, trademarks, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
9.2 Nothing in these Terms shall be construed as granting you any right, title or interest in any intellectual property rights belonging to us or our licensors.
9.3 If we provide you with software in connection with the Services, we grant you a non-exclusive, 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 us.
9.4 We may include your name and brand features in our presentations, marketing materials, customer lists and financial reports.
10.2 In particular, we will use information we hold about you for the purposes of conducting customer due diligence checks and verification in accordance with laws and regulations such as our legal obligations under the UK “Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017” (MLR2017) to process personal data for the purposes of preventing money laundering and terrorist financing, and to provide information on the transfer of funds in accordance with the Wire Transfer Regulations (WTR2).
10.3 In order to enable you to make payments to other Users using our APP, Site, online portal or other related Swifin channels, you will be able to see the names of the Users, after entering their User ID, Swifin name, mobile number or QR code, so you can select and pay them or add them to you Swifin contact list where possible. You acknowledge, agree and consent to having your name displayed to enable other Users to transfer funds easily. This is part of the way Swifin works and it is not necessary to share any further personal details other than your name with other Swifin Users. We may provide you with tools to manage and control access to other personal profile data held on your Swifin Account.
10.4 You give consent to the storing and accessing of cookies, device-specific information, location information or other information relating to your use of the Services.
10.5 We do not store payment card details.
10.7 By registering to use the Services, you permit us to serve, and amend as applicable, (i) advertisements and other content, (ii) products and related offerings by third parties as may be considered applicable and (iii) related content approved by us. In addition, you grant us 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 portal by way of using the Services.
11.1 You agree not to disclose our or any of our or our Group’s Confidential Information without our prior written consent. Group means in relation to a company, that company, any subsidiary or subsidiary undertaking, parent company, or any holding company from time to time of that company, and any subsidiary or subsidiary undertaking or parent company from time to time of the ultimate holding company of that company. Each company or undertaking in a Group is a member of the Group. A reference to a subsidiary or a parent company are as defined in sections 1159 and 1162 of the UK Companies Act 2006.
11.2 Confidential Information includes: (a) all 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 us or any of our Group, or partners that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. 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 11, you may accurately disclose the amount of our gross revenue resulting from your use of the Services.
12.1 We may, in our sole discretion, terminate these Terms at any time, by giving you 15 days’ notice. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms.
12.2 You may terminate the Terms at any time by giving notice in writing through your Swifin inbox, or by using the contact information at section 17. The Terms will be considered terminated within 15 working days of our receipt of your notice.
12.3 If you are based in one of the Relevant Jurisdictions outside of the UK then notice should be sent directly to the local Swifin company or delivery partner using the country specific details provided on our Site.
12.4 Without affecting any other right or remedy available to us, we may terminate these Terms with immediate effect by giving written notice to you if:
A. we are unable to verify your information in the manner set out in these Terms;
B. you die;
C. you repeatedly breach any of the Terms in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the Terms.
12.5 If you terminate the Terms you will pay all outstanding amounts due immediately before your Swifin Account can be considered to have been terminated whether you still have access to the Services or not.
12.6 If we terminate the Terms due to your breach or due to invalid activity, you may not be entitled to any refund. If you breach the Terms or we or any of our joint venture partners in the Relevant Jurisdictions suspends or terminates your Swifin Account, you (i) may not be allowed to create a new Swifin Account and (ii) may not be permitted to use the Services.
12.7 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
A. send you one or more formal warnings;
B. emporarily suspend your access to our Site;
C. block computers using your IP address from accessing our Site; and
D. if appropriate seek damages from you.
You agree to indemnify, hold harmless and defend us, our Group, joint venture companies, partners, affiliates and 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 us.
14.Representations; Warranties; Disclaimers
14.1 You represent and warrant that (i) you have full power and authority to enter into the Terms; (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 Swifin Account; (iv) we or any of our partners have never previously terminated or otherwise disabled a Swifin Account created by you due to your breach of the Terms or due to misuse of the Services; (v) entering into or performing under the Terms will not violate any terms you have with a third party or any third-party rights; and (vi) all of the information provided by you to us is correct and current.
14.2 Other than as expressly set out in the Terms, we do not make any promises about the Services, and the Services are provided on an “as is” basis. 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. We do not guarantee that our Site or APP, or any content on it, will always be available or uninterrupted even if our aim is to provide 24/7 services. We may suspend or withdraw or restrict the availability of all or any part of our Site or APP for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. No conditions, warranties or other terms apply to any Services or to any other goods or services supplied by us under the Terms unless expressly set out in the Terms. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
14.3 Where our Site or APP contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
14.4 The Site or APP may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Site do not represent our views or values.
14.5. We do not guarantee that our Site or APP will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site or APP. You should use your own virus protection software.
14.6 You must not misuse our Site or APP by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or APP, the server on which our Site or APP is stored or any server, computer or database connected to our Site or APP. You must not attack our Site or APP via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
14.7 If you wish to complain about information and materials uploaded by other Users please contact us through your Swifin secure inbox.
15.Limitation of Liability
Nothing in the Terms 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. We do not have any liability (whether in contract, tort or otherwise) under or in connection with the Terms to you for any special, indirect or consequential loss (whether such loss was foreseeable, known or otherwise).
15.1 If you are a business or merchant User:
A. We exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any content on it; and
B. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with;
i. use of, or inability to use, our Site or APP; or
ii. use of or reliance on any content displayed on our Site or AP.
C. In particular, we will not be liable for:
i. oss of profits, sales, business, or revenue;
ii. business interruption;
iii. loss of anticipated savings;
iv. loss of business opportunity, goodwill or reputation; or
v. any indirect or consequential loss or damage.
15.2 If you are a consumer User please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, special indirect or consequential loss (whether such loss was foreseeable, known or otherwise) or loss of business opportunity.
15.3 We will not be liable for:
A. your inability to use the Services for whatever reason;
B. delays or disruptions in the Services;
C. viruses or other malicious software obtained by accessing the Site or APP or any associated service;
D. glitches, bugs, errors, or inaccuracies of any kind in the Services;
E.the content, actions, or inactions of third parties; and
F. a suspension or other action taken with respect to your Swifin Account.
15.4 You agree that in relation to any eCommerce site using Swifin, we are not involved in any transaction between a buyer and a seller in any way, save that we process payments on behalf of buyers and sellers. Our role is limited to collecting a payment from the buyer and ensuring that the amount collected is applied to the Swifin Account of seller.
15.5 You agree that we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any items advertised on the any eCommerce site using Swifin, the quality of the product, or any other aspects connected with the item; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any items and we will have no obligation to mediate between the parties to any such contract.
15.6 We shall not be liable for non-execution or incorrect execution in relation to a transaction we have made in accordance with a unique identifier given to us by you which proves to be incorrect. However, we shall make reasonable efforts to recover funds involved in the transaction and may make a reasonable charge for doing so, including passing on to you charges incurred by intermediary banks/ and or the recipient’s bank for their assistance in the tracing process.
15.7 You are responsible for understanding the Local Laws and regulations that apply to your use of the Services.
16.1 Entire Agreement. These Terms constitute the entire Terms relating to your use of the Services and supersedes and extinguishes any prior or contemporaneous promises, assurances, warranties, representations and understandings whether written or oral on that subject. Neither party will have any right or remedy in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) that is not set out in these Terms.
16.2 Assignment. You may not assign or transfer any of your rights under the Terms.
16.3 No Third-Party Beneficiaries. These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.4 No Waiver. Other than as set forth in Section 7, no failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.5 Survival. Clauses 9, 11, 12, 13, 15 and 16 of these Terms will survive termination.
16.6 Force Majeure .Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control including without limitation acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; interruption or failure of utility service, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; and any labour or trade dispute, strikes, industrial action or lockouts.
16.7 Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, notifications or changes to these Terms, and other information via the inbox of the Swifin secure messaging system. Notification of a message to your Swifin inbox will also be sent to the registered email address used by you in connection with the Service. You may contact us at any time to request a copy of the Terms.
16.8 Language. These terms are drafted in the English language. Any notice given under or in connection with these Terms shall be in English. All other documents provided under or in connection with these Terms shall be in English, or accompanied by a certified English translation. The English version will be the primary legal document of reference when translated versions are provided.
16.9 Severance. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
16.10 Governing Law; Venue. These Terms are governed by English law. The parties submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute (contractual or non-contractual) concerning the Terms.
16.11 Clause, Schedule and paragraph headings shall not affect the interpretation of these terms
16.12 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
16.13 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
16.14 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
16.15 The definitions set out at schedule 1 apply to these Terms.
17.1 UK registered users may contact us at: Sedel Capital LLP, Level39, One Canada Square, Canary Wharf, London, E14 5AB.
17.2 Ugandan registered users should contact Swifin Uganda at: Design Hub, Plot 3 Bata Close, 5th Street Industrial Area P.O. Box 33306, Kampala Uganda.
17.3 You may also contact us through your Swifin secure inbox or on the contact page on our website.
17.4 AinFin Ltd is registered in England and Wales with registration number 10238445 and registered office at Level 39, 1 Canada Square, Canary Wharf, London, E14 5AB, UK.
18.1 If you require assistance or wish to ask any questions, you can access support through the help tab which you will find on the Site and APP, and our support team will help you with any queries that you may have.
18.2 Information on how to make a compliant about our Services can be found on the Site.
18.3 If you remain dissatisfied with the final response, and you are eligible, then you may refer your complaint to the Financial Ombudsman Service (FOS). Please be aware that there are time limits after which the FOS may no longer be able to hear your compliant. You should therefore endeavour to do so within 6 months of making the compliant. The Financial Ombudsman Service’s address is Exchange Tower, London E14 9SR or you could contact them by telephone on 0800 023 4567. You can access details about the Financial Ombudsman Service at http://www.financial-ombudsman.org.uk/. Details of the Financial Ombudsman Service is consumer leaflet can be found at http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm.
Schedule 1 Definitions
In these Terms, the following words and phrases have the meaning shown next to them:
“APP” means the mobile app which can be accessed and downloaded from app.swifin.com or any other mobile app site.
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
“Local Laws” means the laws and regulations which govern the jurisdiction were the User’s resident and which are applicable to this agreement.
“Micro-Enterprise” means businesses which employ fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.
“PIN” means your personal password to allow you to access and authenticate your transaction.
“Relevant Jurisdictions” means the jurisdictions were a valid permit to deliver the Services is held.
“Swifin ID” means your User identification number which you’re provided with upon registration.
“Swifin Account” means your registered Swifin Account.
“QR Code” means Quick Reference Codes which is a machine-readable code that stores some information about you, to allow you to authenticate your transactions.
“UGX” Ugandan shillings.
“UK” means the United Kingdom.
“User” “you” or “your” means you the consumer, business (which means any form of entity in whatsoever form including but not limited to a body corporate, corporate, partnership, sole trader, charity) or merchant using the Swifin Services.
“us” “we” or “our” means Sedel Capital LLP for Users in the UK, and Swifin Limited (Uganda) for Users