These terms and conditions constitute a legal agreement and are entered into by and between you and SwiftReload Inc. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and provision of services (including the facility to purchase prepaid mobile and/or data airtime (“Top-up”) and prepaid vouchers (“Vouchers”) together, the (“Products” or “Services”) to you offered on or through www.swiftrecharge.com (the "Website") and any associated mobile applications, present or future (together, the “Applications”).
BY USING THE WEBSITE, APPLICATION OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE.
By using this Website, Application or Services you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website, Application or Services.
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website, Application and Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website or Application, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or Application is restricted to users or unavailable at any time or for any period.
You shall be entitled, upon receiving notice of any modifications to these Terms and Conditions, to immediately cease using the Website, Application and/or Services and/or close your Account by notifying Company in writing but without prejudice to your liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the closure of your Account.
To use the Services, you may elect to register for an Account (“Account”). You can do this by filling out the appropriate information on the registration screen on the Website or Application. Upon registration you will be given an Account. When registering you may supply personal information, including your email address or phone number and financial information. You may also choose a password. All data you provide to us as a customer will be treated in accordance with our Privacy Policy.
You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.
You are entirely responsible for all activities which occur when using your email address, phone number and/or password (“Login Details”) in relation to your Account, including unauthorised use of your Account or any payment method including debit or credit card. You must not disclose your password, whether directly or indirectly, to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details at Section 26 below if you become aware of any unauthorised use of your Login Details.
Login Details may only be used by a single user and are not transferable. Please note that your Login Details may be used on the Website and Application.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website or Application. Users are required to ensure that all persons who access the Website or Application through a user's internet connection are aware of these Terms and Conditions and comply with them.
Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at Privacy Policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or Application, or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website and Application, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Website or Application owner's ability to monitor them; (f) using any robot, spider, or other automatic device, process, or means to access the Website or Application for any purpose, including monitoring or copying any of the material on the Website and Application; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or Application.
If you are under 16 years of age, you represent to Company that you have obtained a parent/guardian's consent and that your parent/guardian has reviewed and agreed to these Terms and Conditions prior to using the Website or Application. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorised to accept these Terms and Conditions on behalf of that employer, company or entity.
You understand and agree that the Website, Application and their entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the SwiftRecharge TM, www.swiftrecharge.com and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website or Application are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website or Application for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Application, in any form or medium whatsoever except:
Users are not permitted to modify copies of any materials from this Website or Application, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website or Application. You must not access or use for any commercial purposes any part of the Website, Application, Services or materials available through the Website or Application.
If you print off, copy or download any part of our Website or Application in breach of these Terms and Conditions, your right to use the Website and Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website, Application, or to any content on the Website or Application, and all rights not expressly granted are reserved by the Company. Any use of the Website or Application not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Where you send Company any feedback, suggestions, ideas or other materials in relation to or via the Website, Application or Services provided, you agree that Company can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to Company’s obligations as provided under the Privacy Policy.
These Sections 5 and 6 below define the terms and conditions of the Website and Application Content Standards (“Website and Application Content Standards”).
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website or Application and any User Submissions shall not:
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Website and Application Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Company nor Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
You agree to use the Services solely in accordance with these Terms and Conditions and to comply with applicable law and the provisions set out herein.
You may not use the Website, Application or Services: (i) in violation of any applicable federal, provincial, local, or international law including, statutes, rules or regulations; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activities; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by Company in respect of the mobile phone operators and other service providers available on the Website and Application (which are subject to change and availability).
You will be required to input certain information (e.g. a receive mobile phone number or email address) in respect of the Services. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up and Vouchers, you will then be required to select the amount of Top-up that you wish to be delivered or the value of the Voucher you wish to purchase.
The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Website or Application before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. In the case of Top-up and Vouchers, the cost will vary depending on the amount of Top-up that you wish to send or the value of the Voucher that you wish to purchase according to the denominations displayed on the Website or Application. If the Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the payment amount will be subject to the applicable FX rate on the payment date and an airtime conversion fee will be applied. You may also be charged a secure online processing fee in respect of any Services you purchase through the Website or Application. If you choose to send an optional SMS to the recipient of Top-up, an additional message fee for this may apply.
The Services will be provided by Company upon successful payment by you. Occasionally, there may be a short delay before the relevant third party provides the Services to the recipient. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Services as soon as your transaction has been successfully completed. In the case of Top-up or Vouchers, you agree and understand that Company only acts on your authorisation to send the Top-up or Voucher and the relevant third party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Top-up or Voucher. Once a Top-up or Voucher is sent, it can be used immediately and therefore it cannot be refunded or removed. To avoid the Services being provided to the wrong phone or email address, Company asks you to confirm, where applicable, that the recipient details you have entered are correct.
You acknowledge that you will lose the right to cancel the Services once they have been fully performed by Company. Accordingly, you will have no right to request a refund under the applicable laws or regulations in the relevant jurisdiction. Please note that the Website and Application limit the number and value of Services that can be purchased or received, including over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Website or Application and the purchase of Services may be applicable from time to time.
You shall ensure that all instructions provided to Company through the Applications are accurate, complete and true. In particular, the mobile phone number or email associated to your account and to recipient’s account, to which any Top-up is to be credited must be correctly identified. You shall ensure that any instructions which are relayed back for confirmation are correct, accurate and true. All confirmed instructions are final and binding upon you. Neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors shall bear any liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such inaccurate information prior to final confirmation.
You may purchase Services through Company using Visa, MasterCard, Diners, Discover, AMEX, or PayPal or any other payment methods available on the Website or Application from time to time. Any credit card, debit card or other payment method which may be used on the Application must have a valid billing address and valid issuing bank or other payment services provider.
Upon receipt of a proper and complete request from you for Services, Company will charge the payment method provided by you and will forward an electronic request to the relevant third party provider (e.g. mobile operator or issuer of Voucher) to provide the Services in the amount transferred, for the benefit of the recipient nominated by you.
You authorise us to act upon any instruction to charge the payment method provided by you through the Website or Application which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Applications. Company is not required to undertake any additional authentication or identity verification measures other than those required by applicable law or as Company deems appropriate and sufficient to protect against fraud or money laundering and to maintain the security and proper use of the Website or Applications to comply with any internal policy. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.
Company shall accept liability for the non-execution or defective execution of Services purchased through the Website or Application, subject to your adherence with these Terms and Conditions, the proper use of the Website and Application as instructed by Company, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.
From time to time, Company or partner service providers will run promotions on the Website or Application. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Website or Application. Company is not responsible for promotions run by partner service providers and you must make your own inquiries with the relevant service providers directly before availing of, and relying on, the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you.
The equipment and devices necessary to access the Website and Application shall be provided and be maintained by you solely at your expense. If you access the Website or Application through a mobile device, you may be charged by your mobile service provider for internet access on your device.
You can download the Application from the app stores free of charge. You are solely responsible for ensuring that you download any subsequent updates to the Application from the relevant app store.
Company reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Website or Application.
Company may disable your Account and suspend or withdraw the use of the Website or Application and/or the Services provided through it:
(i) upon reasonable prior notice to you; (ii) immediately upon breach by you of these Terms and Conditions or where Company reasonably believes you are in breach of these Terms and Conditions; (iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. Company reserves the right to commence debt collection actions within the bounds of the law under these conditions; (iv) immediately if Company reasonably believes that you have used the Website or Application and/or Services (a) in violation of any law, rule, statute or regulation; or (b) in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by Company from time to time.These Terms and Conditions do not have a minimum or finite duration and will continue to be binding on you for so long you as you have an Account with Company. You may cease using the Website, Application or Services and/or close your Account at any time without reason by giving Company written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.
Company reserves the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Website or Application, or suspension or withdrawal of the Services. Company is not responsible for any loss you may incur as a result of any transaction not being processed, any notice required to be given by Company to you in connection with the subject matter of these Terms and Conditions may be given as part of the Services after termination of the Website or Application, or after any suspension or withdrawal of the Services.
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Website, Applications or the Services, or where there is a real or potential security risk, Company shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website or Application, or your Account for such reasonable period as may be required to remedy, address or resolve the issue. Company may also suspend access to the Website and/or Application and/or your Account and/or Services as required for maintenance (whether emergency or planned) or upgrade work. Without prejudice to Company’s rights at Section 13 (Withdrawal of Services) above, you further agree and acknowledge that your access to the Applications and/or your Account and/or Services may be immediately suspended where Company reasonably believes that you have used the Website and/or Applications and/or Services (a) in violation of any applicable federal, provincial, local, or international law including, statutes, rules or regulations; or (b) in connection with, or in any manner than encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by Company from time to time. In the event of such suspension, Company may reinstate access to your Account and recommence providing Services to you at its sole discretion.
Company has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
By submitting your data and using our Website, Application or Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at Privacy Policy.
By using this Website, Application or Services you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see Cookies Notice.
For your convenience, this Website or Application may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website or Application. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Website or Application may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website or Application. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Website and Application Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Furthermore, this Website or Application may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
ALTHOUGH COMPANY STRIVES TO MAKE THE WEBSITE, APPLICATION, THE CONTENT, AND THE SERVICES PROVIDED THROUGH THE WEBSITE OR APPLICATION REASONABLY HELPFUL, USEFUL, RELIABLE, AND CURRENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, APPLICATION, OR THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATION IS AT YOUR OWN RISK. THE WEBSITE, APPLICATION, OR THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, APPLICATION ORTHEIR CONTENTS, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, APPLICATION, OR THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE OR APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APPLICATION OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, APPLICATION, SERVICES ANY LINKED WEBSITES OR APPLICATIONS, OR SUCH OTHER THIRD-PARTY WEBSITES OR APPLICATIONS, NOR ANY WEBSITE OR APPLICATION CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
NO DAMAGES OTHER THAN COMPENSATORY DAMAGES, STRICTLY LIMITED TO THE AMOUNT OF TOP-UP OR OTHER VALUE PAID IN RELATION TO SERVICES PROVIDED THROUGH THE WEBSITE OR APPLICATION, WHERE FAULT LIES SOLELY WITH COMPANY, SHALL BE INCURRED BY COMPANY. NO RIGHT OF INDEMNITY EXISTS FOR YOU AGAINST COMPANY.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, Application or Services including, but not limited to, your User Submissions, third-party sites, any use of the Website or Application's content, services, and products other than as expressly authorized in these Terms and Conditions.
The Website, Application, Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website, Application, Services and under these Terms and Conditions will be instituted in the courts of the Toronto, Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Except where expressly provided otherwise, any notice required to be given by you to Company in connection with these Terms and Conditions shall be given in writing and sent by email to info@swiftrecharge.com.
Except where expressly provided otherwise, any notice required to be given by Company to you in connection with the subject matter of these Terms and Conditions may be given by email or by posting a message on your Account in the Website or Application.
With your permission, Company may from time to time contact you to keep you up to date about Company’s Services including new products, campaigns and promotions. For further information please review our Privacy Policy.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Company is not responsible for failing to meet obligations due to causes beyond its control, including (a) any law, order, regulation or direction of any government; (b) work stoppage, labour disputes and strikes; (c) failure of the public power grid; (d) unlawful acts; (e) your act or your failure to act in accordance with these Terms and Conditions; (f) the act or omission of a third party, including a telecommunications carrier whose network is used in establishing connection; (g) failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, (h) late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above); or (h) acts of nature and all other force majeure events. In addition, we are not responsible for circumstances described elsewhere in this Terms and Conditions where we have already stated we are not responsible.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website, Application and Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
This website is operated by SwiftReload Inc, 285 Taunton Rd EOshawa, ON L1G 3V2, Canada.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at info@swiftrecharge.com
All other feedback, comments, complaints, requests for technical support, and other communications relating to the Website, Application or Services should be directed to support@swiftrecharge.com