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Terms and Conditions

Terms of Use

These terms of use (“Terms of Use”) is a contract between you and swich (“Swich”) and governs your access to the website of Swich at https://www.swich.io (“Site”), including all sub-pages on this website, and use of any services of Swich (“Swich Service. If you are a merchant or business, your business must be validly organised and operating legally in the jurisdiction where Swich has operation in order to use the Swich Service.

By visiting the Site, logging on to or using the Swich Service, you shall be presumed to have read the Terms of Use and unconditionally and irrevocably accepted the terms and conditions set out therein.

The Terms of Use may be revised or altered by us at our sole discretion from time to time, and the latest Terms of Use will be posted on the Site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms of Use, such as through a notice on our Site. However, you are responsible for periodically reviewing these Terms of Use and check for such changes.

  1. Swich Service

Swich serves as a monetization partner for digital businesses providing services of various digital payment channels across the world into a single integrated solution. Our one-stop, locally integrated payment solution allows our merchant clients to collect and make payments from and to their customers and users through a multitude of local and international digital payment methods, such as digital wallets, credit and debit cards, and bank transfers. You may subject to these Terms of Use and other related agreements integrate such relevant payment features into your website or application.

  1. Use of the Swich Service
  • 2.1 If you are a merchant or business:
    • You may apply for a merchant account with us, subject to provision of all required documents, signing a separate contract, and submitting a merchant application form to us. These Terms of Use are deemed to be incorporated into the contract between you and Swich;
    • (b) you shall apply for on-boarding which is subject to Know Your Customer (KYC) and Enhanced due diligence (EDD) requirements as specifically stated in the Merchant On-Boarding Policy or other related agreements;
    • (c) you must report any suspicious customers or transactions upon detecting a risk of the same, and cease making the service available to individuals and businesses. You shall cooperate with Swich including assisting us on all inspections for suspicious activities and other risk assessments and monitoring. Any failure or delay to justify the authenticity or reasonability of the transactions may result in suspension of the settlement payouts or services.
  • 2.2 If you are using the Swich Service on behalf of a company, partnership, association, government or other organization (“Organization”), you warrant that you are authorised to do so and that you are authorised to bind your Organization to the Terms of Use. In such circumstances, ‘you’ or ‘user’ will include your Organization.
  • 2.3 Without prejudice to other provisions of the Terms of Use and subject to the country specified terms as set out below, you may not use the Swich Service for activities that:
    • (a) violate any law, statute, ordinance or regulation;
    • (b) relate to transactions involving (i) certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) stolen goods including digital and virtual goods, (v) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (vi) items that are considered obscene, (vii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (viii) certain sexually oriented materials or services, (ix) ammunition, firearms, or certain firearm parts or accessories, or (x) certain weapons or knives regulated under applicable law; (xi) items or virtual goods that are illegal in the country
    • (c) relate to transactions that (i) show the personal information of third parties in violation of applicable laws, (ii) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (iii) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iv) are for the sale of certain items before the seller has control or possession of the item, (v) are by payment processors to collect payments on behalf of merchants, (vi) are associated with the sale of traveler’s checks or money orders, (vii) involve currency exchanges or check cashing businesses, (viii) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (ix) involve offering or receiving payments for the purpose of bribery or corruption; or (x) involve gambling
    • (d) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  • 2.4 You undertake that you shall, during the use of the Swich Service, be in compliance with the mandates of Financial Action Task Force on Money Laundering (“FATF”) and local Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) supervisor institutions and acknowledges that the you have not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the Specially Designated List.
  1. Risk Factors

3.1 Technical Risk. While the Swich Service has been extensively tested and Swich maintains technology-risk management and business-continuity arrangements, the Swich Service may experience unforeseen outages or bugs beyond Swich’s reasonable control. Should this occur, Swich will take remedial steps to restore functionality as promptly as practicable.

3.2 Risk of Reliance on Third Parties. The Swich Service relies, in whole or partly, on third-party software and the continued development and support of third parties. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Swich Service.

3.3 Regulatory Risk. While every effort has been taken to ensure that the Swich Service are compliant with local laws, it is difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting Swich Service. Regulatory actions could negatively impact Swich in various ways, and thus the Swich Service may not be available to users in certain jurisdictions.

3.4 Taxation Risk. It is possible that your intended treatment of the Swich Service may be challenged by tax authorities. You must seek your own tax advice in connection with the Swich Service provided by Swich, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value-added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements.

  1. Data Security (with respect to a merchant or business)

4.1 Password Security. In order to access the Swich Service, you will be required to provide your name and email address and to create a password. You are responsible for keeping the electronic device through which you access the Swich Service safe and maintaining adequate security and control of any and all security details that you use to access the Swich Service. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password-protected. Swich assumes no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Swich and/or failure to follow the requirements set out in the Terms of Use, or follow or act on any notices or alerts that we may send to you.

4.2 Loss and Compromise. Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Swich account by third parties and the loss or theft of stored value held in your Swich account and any associated accounts, including your account(s) with any third-party payment portal(s) and linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

4.3 Shared Access. You should never allow remote access or share your computer screen with someone else when you are logged on to your Swich account. Swich will never under any circumstances ask you for your passwords or to screen-share or otherwise seek to access your computer or Swich account. You should not provide your details to any third party for the purposes of remotely accessing your Swich account. Always log into your Swich account through the Site to review any required actions if you have any uncertainty regarding the authenticity of any communication or notice.

4.4 Security Breach. If you suspect that your Swich account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Swich (together a “Security Breach”), you must notify Swich as soon as possible (using the contact details under “General Provisions” below) and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

4.5 Safety and Security of Your Computer and Devices. Swich is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus-screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks, and you should use care in reviewing messages purporting to originate from us.

  1. Liability and Indemnity

6.1 Limitation on Liability. Subject to the overall provisions stated above, you expressly understand and agree that in no event shall Swich, its affiliates, and its or their licensors or service providers be liable to you for:

  • (a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages, costs, losses, penalties, fines, charges or expenses which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of profits, any loss of data or other information suffered, business interruption, cost of procurement of substitute goods or Services, loss of privacy arising out of or in any way related to the use of or inability to use Swich Service or other intangible loss;
  • (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Swich Service;
  • (c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Swich Service;
  • (d) your failure to provide Swich with accurate registration data or KYC documents;
  • (e) your failure to keep your password or account details secure and confidential, or:
    • (i) you erroneously direct us to submit payment instructions multiple times;
    • (ii) you direct us to submit the wrong amount;
    • (iii) you direct us to submit a payment instruction for a wrong person; or
    • (iv) you provide us with incorrect or incomplete information.

6.2 In the event of any jurisdiction does not allow limitations on implied warranties or the exclusion or limitation of certain damages, all or part of the disclaimers as listed above in clause 7.1 may not apply.

6.3 If you are a merchant or business, you shall ensure that, among others, all industry requisite approvals, licenses and registration in accordance with all applicable laws, rules, regulations, guidelines in force from time to time, have been obtained and are kept in full force and effect to enable you to offer your products for sale.

6.4 Indemnity. You agree to indemnify and hold Swich, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors, in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions (including, without limitation, lawyer’s and experts’ fees) or other proceedings as a result of:

  • (a) fraud, negligence and wilful misconduct by you in the use of the Swich Service;
  • (b) violation of applicable laws, rules or regulations in the use of the Swich Service and/ or in the conduct of your business or in relation to any information available as part of the Swich Service, including but not limited to the legal provisions mentioned thereafter;
  • (c) breach of the confidentiality obligations under these Terms of Use; your wrongful or improper use of the Swich Service and breach of any third party rights;
  • (d) disputes raised by your customer in relation to a transaction where such dispute is not attributable to the Swich Service;
  • (e) penalties, fines, charges, or any other actions as a result of breach or violation of any your representations and warranties; and
  • (f) fines, penalties and charges imposed by the acquiring bank, card payment networks or any governmental authority on account of transactions on the website or platform or the use of personal information or data that are in violation of applicable law.
  1. Complaints and Dispute Resolution

7.1 If you have a dispute with Swich, you agree to contact Swich through our support team in first instance to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Swich support team, you agree that the dispute will be resolved in the manner described immediately below.

7.2 Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to these Terms of Use resolved in a court, and (ii) waives all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

7.3 Any Dispute arising out of or related to these Terms is personal to you and will be resolved solely through individual arbitration, and shall in no circumstances be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

7.4 Any Dispute arising out of or in connection with these Terms of Use (including without limitation the enforceability of this section or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the (Pakistan Arbitration) is submitted, which rules are deemed to be incorporated by reference in this clause.

  1. Privacy and Disclosure

Swich may process personal information of the following categories of individuals in the provision of Swich Services:

  • (a) vendors or business partners or individuals employed or associated with such organisations that assist us in the provision of Swich Service; and
  • (b) visitors that log on or use our website https://www.swich.io/.

We collectively refer to the individuals listed above as “you” in this Privacy Policy.

We process the personal information of end-users of merchants on behalf of the merchants. We are not responsible for and have no control over the privacy or security practices of the merchants, which may differ from those explained in this Privacy Policy. If your personal information has been submitted to us by or on behalf of the merchants and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly.

Your use of Swich Service is governed by the Swich Terms of Service, which describes in more detail the Swich Service covered by this Privacy Policy. Capitalized terms not defined in this Swich Privacy Policy shall have the meaning ascribed to them in the Swich Terms of Service.

 

 

9.1 Information we collect and how we use it

9.1.1 Sources of information

We process personal information that you provide to us in a number of ways, including:

  • When you make or receive a payment from the merchants who using Swich Service
  • When you make an inquiry about our Swich Service or otherwise interact on our website
  • When you interact with us by telephone, email and other electronic communication
  • When you attend an event with us or a third party we are working with or sign up to receive publications from us
  • When we onboard you as a merchant and interact regarding our service
  • When you provide services to us or seek to provide such services

We may also process your personal information from third-party sources as necessary for the provision of Swich Service. We may obtain this information from your organisation, from public sources or third parties, depending on the relevant circumstances. For example, we may obtain certain personal information about you from:

  • Third-party licensed payment provider or bank, such as your transaction information, as necessary to provide Swich Service; or
  • third parties, such as government agencies, information service providers, or from publicly available records to carry out due diligence and other legally required compliance checks, such as those related to knowing your customer (KYC), anti-money laundering (AML) and Specially Designated Lists.

9.1.2 Type of personal information

When you use our website or when we interact with you to provide Swich Service or to receive services from you as a vendor, the personal information we receive, collect and process may include:

  • Contact information, such as your name, email, phone number, billing address.

In addition to the information listed above, we may collect information about the transaction from you depending on which payment method you choose to make or receive a payment, including:

  • Identification information, such as your ID number or tax number, Customer ID generated by merchants to verify the process the transactions or conduct anti-money laundering and/or fraud prevention checks;
  • Transaction information, such as amount and time of transaction, currency and language you used;

We collect the following personal information from your device when you use Swich Service to carry out data analysis for advertising, and to protect you from fraud, phishing or other misconduct:

  • IP address, app version, system version and type, device model, system language, network type, carrier, android ID, Mac address, IMEI, advertising identifier number and browser system.

You may provide your personal information to us voluntarily. However, there are circumstances in which we may not be able to assist you, or an organization with which you are associated, unless you provide us with your personal information. For example, your personal information may be required for legally required compliance checks, for security and other reasons to allow you to access Swich Service. In these cases, without the relevant personal information, we may be unable to assist you, and we would inform you that this is the case.

We do not knowingly collect personal information from or about children under the age of 18. If you are under 18, please do not use Swich Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 18, we will delete that information as soon as possible. If you believe that a child under 18 may have provided us personal information, please contact as using details provided in section 8 below.

9.1.3 Legal justification for our use of your personal information

We may process your personal information in connection with any of the purposes set out above on one or more of the following legal grounds:

  • To perform our obligations under a contract with you or your organization;
  • To comply with our legal obligations, as well as to keep records of our compliance processes or tax records;
  • To pursue our legitimate interests, or those of a third-party recipient of your personal information, provided that those interests are not overridden by your interests or fundamental rights and freedoms. Specifically, we have legitimate interests in promoting and marketing our services to existing and potential customers, in maintaining customer accounts for efficient operation of our business, in keeping our information, trade secrets and confidential data safe and secure, in handling complaints and claims to protect our business; or
  • Based on your consent to process your personal information in that manner.

9.2 Information we share

9.2.1 We will only share your personal information with third parties in the following circumstances:

  • A merchant. If we have collected your personal information in the course of providing Swich Service to that merchant, and where permitted by law to others for the purpose of providing Swich Service. For example, when you make a purchase or transaction with that merchant, we make certain personal information about you available to the merchant you purchase from or transact with;
  • Licensed payment service provider. We may exchange certain personal information about you to enable the provision of Swich Service, such as your transaction information with the licensed payment service provider or bank as necessary to provide Swich Service;
  • Third parties providing services for AML/KYC checks, credit risk reduction, and other fraud and crime prevention purposes, or similar services, including financial institutions, credit reference agencies, and regulatory bodies with whom such personal information is shared;
  • Courts, law enforcement authorities, regulators, government officials or other competent authorities where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, including in order to protect the legitimate rights and interests of you and others. Such disclosures may be necessary for us to comply with mandates from FATF and local AML/CFT requirements. We may provide your Customer ID, contact information, and any other transaction information to competent authorities;
  • Service providers which we engage to process personal information for any of the purposes listed above on our behalf and in accordance with our instructions only, such as licensed payment service providers, cloud storage providers; and/or

Any information you provide directly to a third-party merchant, website or application is not covered by this Swich Privacy Policy. We are not responsible for the privacy or security practices of merchants or other third parties with whom you choose to share your personal information directly. We encourage you to review the privacy policies of any third party to whom you choose to share your personal information directly.

The personal information we collect may be transferred to and stored outside of the country you use Swich Service for the purposes specified in this Privacy Policy. For example, we store all of our data, including personal information, with Cybernet in Pakistan.

9.2.2 How long do we keep your personal information?

Your personal information will be retained only for as long as necessary for the purposes for which the information was collected, except where necessary to meet our legal obligations (for example, in relation to KYC/AML requirements) or to establish, exercise or defend potential legal claims or to pursue our legitimate interests.

 

 

9.4 Security

We are concerned about safeguarding the confidentiality of your information. We employ administrative, physical and electronic measures designed to protect your Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information are absolutely guaranteed to avoid unauthorized access or use of your information which is impenetrable.

9.5 Sensitive Information

We ask that you not send us, and you not disclose, any sensitive personal information (e.g., information related to your e-wallet password, credit or debit card password, racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) through Swich to us, unless such information is required by us for legal compliance checks, such as KYC/AML.

 

  1. General Provisions
  • 10.1 Contacting Swich
    • To give us notice under these Terms of Use, or if you have feedback or general questions, please contact us via our user support at support@Swich.io. When you contact us you may need to provide some information we may need to identify you, your Swich account(s), and the matter or transaction in relation to which you are contacting us.
  • 10.2 No Warranty
    • We, our affiliates, our licensors, and our service providers do not represent or warrant, express or implied, that the Swich Service will operate without interruption or will be error free. Especially in the following cases:
      • (a) modification or alteration of the Swich Service made without the prior written approval of Swich;
      • (b) accident, neglect, misuse or abuse, or
      • (c) exposure to conditions outside the range of the environmental, power and operating specifications provided by Swich.
    • The Swich Service are provided on an as is and as available basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the Swich Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • 10.3 Availability
    • The Swich Service and the Site may be temporarily unavailable from time to time for maintenance or other reasons. Under no circumstances will Swich be responsible for any loss or damage, including any loss or damage to any user of content of the Swich’s website, financial damages or lost profits, or loss of business, resulting from anyone’s use of the Swich Service and the Site, any user content or third-party content posted on or through the Swich Service or the Site or transmitted to users, or any interactions between users of the Swich’s website, whether online or offline.
  • 10.4 Accuracy of content on the Swich’s website
    • Although we intend to provide accurate and timely information on the Site, the website (including, without limitation, its content) may not always be entirely complete or current. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies and Swich Service.
    • Links to third-party materials (including without limitation any websites) are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Site.
  • 10.5 Swich’s Role
    • Swich only acts as payment aggregator providing the Swich Service only. We do not (i) act as an escrow agent with respect to any funds kept in your account; (ii) act as your agent or trustee; (iii) enter into a partnership, joint venture, agency or employment relationship with you; (iv) have control of, nor liability for, the products or services that are paid for with the Swich Service; (v) guarantee the identity of any buyer or seller; (vi) ensure that a buyer or a seller will complete a transaction; (vii) determine if you are liable for any taxes, or unless otherwise specified, collect or pay any taxes that may arise from your use of the Swich Service.
  • 10.6 Force Majeure
    • We will not be liable for failure to perform under the Terms of Use as a result of any event of force majeure including, not be limited to acts of god, fire, wars, sabotage, civil unrest, labor unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the payment system providers performance.
  • 10.7 Confidentiality
    • You agree not to disclose or attempt to use or personally benefit from any non-public information or information that by its nature should be considered confidential (“Confidential Information”) that he may learn on the website or through the services. You shall hold such Confidential Information in confidence and shall not disclose Confidential Information to any third party without our prior written consent. You acknowledge and agree that a breach of this clause would cause irreparable harm and that we shall be entitled to seek equitable relief from such breach. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify Swich and cooperate fully with Swich in protecting such information to the extent possible under applicable law.
  • 10.8 No Waiver
    • The failure of Swich to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
  • 10.9 Severability
    • If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  • 10.10 Termination
    • We may terminate or suspend use of the Swich Service at any time in our discretion, with notification to you. Upon any termination for any reason, we shall have no liability to you and no further obligations under the Terms of Use.
    • Any termination of the Terms of Use does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us, and/or the payment system providers, in accordance with the terms of the separate contact between you and Swich in relation to your merchant account.
  • 10.11 Governing Law
    • These Terms of Use shall be governed by the laws of Pakistan and the general international business practices and / or industry practices shall be referred to where there are no applicable laws or regulations.
  • 10.12 Survival
    • The following provisions of these Terms of Use shall survive termination of your use or access to the Swich Service and the Site: the sections concerning Intellectual Property, Liability and Indemnity, Complaints and Dispute Resolution and General Provisions, and any other provision that by its terms survives termination of your use or access to the Swich Service and the Site.