Terms and Conditions
LIMITATION OF LIABILITY
As a payment services provider operating in South Africa, Swiffy is committed to maintaining the highest standards of integrity and security in all financial transactions. In order to safeguard our interests and clarify the scope of our responsibilities, this section outlines our position regarding Swiffy’s liability arising from the use of our services between Merchants and their end-users/customers.
- Under no circumstances, shall Swiffy or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, distributing or misrepresenting Swiffy or related services be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use Swiffy or any content provided by or through our service, or resulting from unauthorised access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if Swiffy has been advised of the possibility of such damages.
- Swiffy shall have no liability to a Merchant, or its customers, in connection with any product, service or otherwise, purchased or used as a result of the use of our service. It is expressly understood that the user is aware that Swiffy provides a service to bring buyer and seller or service offerer and service consumer together, and accepts no responsibility for the quality, reliability, safety, function, suitability or otherwise, of a product purchased, service used, or otherwise, as a result of the use of our service.
- Non-Involvement in Merchant Operations:
Swiffy is not responsible for the operations, policies, or actions of our Merchants. We do not endorse, warrant, or assume any liability for the quality, legality, or safety of the products or services provided by Merchants.
Swiffy shall not be liable for any fraud, deception or misrepresentations by Merchant use of our Service in any capacity whatsoever. Any disputes arising from transactions with Merchants should be resolved directly between the end customer and the Merchant. Swiffy may, at its discretion, provide assistance in facilitating communication between the parties but is not obligated to act as an arbitrator or mediator.
- In no event shall Swiffy be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
- Modification of Terms:
Swiffy reserves the right to modify these terms and conditions at any time. Updated terms will be effective immediately upon publication via our website and/or communicated via mail. It is the responsibility of end customers and Merchants to regularly review our terms.
- By using the services provided by Swiffy, end customers and Merchants acknowledge and agree to the terms outlined in this Limitation of Liability Disclaimer. If there are any concerns or questions, users are encouraged to contact our customer support for clarification by emailing email@example.com.