Welcome to Siwish! We are delighted to provide you with our services. Please carefully read and understand the following Terms of Service ("Terms") before using our website. By accessing and using Siwish, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website.

1. Introduction

a. These Terms of Service outline the relationship between Swish ("us," "our," "we," or "Company") and you ("you," "your," or "client") and regulate your use of our services ("Services") provided to you on our Platform ("Swish," "website," or "mobile application"). The terms "you" and "us" refer to each individual Party, and collectively we are referred to as the "Parties."

b. By using our Services, you acknowledge and agree to enter into a legal agreement with us. You have understood and accepted to abide by these Terms and the Privacy Policy. If you do not agree to these Terms, please do not use the Service and/or discontinue accessing the Service immediately.

2. Prohibited Activities On Swish

Your Swish Account must not be used to perform any of the following activities or categories of activity listed in this section (each a "Prohibited Activity"):

Violation of any applicable laws, statutes, ordinances, or regulations.

Facilitating, supporting, or engaging in any criminal activity, including but not limited to money laundering, terrorist financing, illegal gambling operations, or malicious hacking.

Abusive activity, including but not limited to:

Impairing Swish's infrastructure by imposing an unreasonable or disproportionately large load on it or taking any other action that may negatively impact the Platform or the Company's reputation.

Attempting to gain unauthorized access to the Platform or any Swish Account.

Uploading or transmitting any material to the Platform containing viruses, Trojan horses, worms, or other harmful programs.

Transferring your Swish Account access or rights to a third party unless as required by law or with prior consent. However, where you grant third-party access to your Swish account, you remain liable for its use by the third party, and it is your responsibility to ensure that the third-party complies with these Terms. Neither will the Company be responsible for the actions of the third party in this regard.

Participating in pyramid schemes, Ponzi schemes, matrix programs, "get rich quick" schemes, multi-level marketing programs, or high-yield investment programs.

Fraudulent activity, including but not limited to:

Defrauding Swish or a Swish customer or providing false, inaccurate, or misleading information to Swish.

Receiving proceeds from fraudulent activities in your Swish Account.

Transactions involving items that may help facilitate or enable illegal activity, promote or facilitate hate, violence, or racial intolerance, or are considered obscene, stolen goods or the proceeds of crime.

Transactions involving TOR markets, online gambling sites, mixers, or any other illegal and immoral activity.

Sale or purchase of narcotics or controlled substances.

Intellectual property infringement.

By opening a Swish Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.

We reserve the right to limit, suspend or terminate your Swish Account if we suspect that you are using or have used your Swish Account in association with any of the activities listed above or any similar or related activity without prior written approval from Swish.

3. Financial Advice

a. None of the information provided on the Platform, Swish Blog, through your Swish Account, or by any employee, agent or affiliate of Swish should be construed as financial, investment or other professional advice. Any decision to store, buy or sell digital currency is solely your responsibility, and should take into account your risk tolerance and financial circumstances.

b. You are also responsible for determining whether any taxes apply to the transactions you conduct through your Swish Account and the extent of such taxes. You are also responsible for withholding, collecting, reporting, and remitting the appropriate tax amounts to the relevant tax authorities.

4. Limitation of Liability

a. The Company, its operating entities, and any other affiliates (including their respective directors, members, employees, or agents) shall not be liable to you for any direct, indirect, special, consequential, exemplary, or punitive damages or any other damages of any kind, including but not limited to loss of profit, revenue, business, opportunity, or data, whether in contract, tort, or otherwise, arising from or in any way connected with your use of, inability to use, or unavailability of the Platform and/or your Swish Account. This includes damages caused by or resulting from any reliance upon information received from Swish, or resulting from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction, or unauthorised access to Swish's records, programs or services.

b. The above limitation of liability does not affect any liability that cannot be excluded or limited under applicable law.

5. Force Majeure

a. The Company shall not be liable for any loss resulting from your use of the Platform, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, malfunction of electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to severe weather, earthquake, flood, fire, other acts of God, and strikes or other labor problems, or any other cause beyond the reasonable control of the Company or the Platform.

6. Restriction, Suspension, and Termination

The Company reserves the right to restrict, suspend, or terminate your Swish Account in the following circumstances:

We suspect an error in your account and need to suspend access until the error is rectified.

We suspect that your account is being used for any unlawful, fraudulent, or prohibited activities or is in breach of the terms of use.

We suspect that your account is associated with a high risk of money laundering, terrorism financing, fraud, or any other financial crime.

We suspect that you are circumventing Swish's controls, such as opening multiple accounts.

We suspect that you are attempting to gain unauthorized access to any Swish Account.

Your account is the subject of any legal, regulatory, or government process, or we consider there to be a heightened risk of legal or regulatory non-compliance.

We are compelled to do so by a valid court or government order, or your name appears on a government or international body sanctions list for financial misappropriation or financial crime.

We will make reasonable efforts to provide notice of any decision to restrict, suspend, or terminate your account, except when prevented by legal, regulatory, or operational requirements. The Company has no obligation to disclose the reason for any such decision and is not liable for the restriction, suspension, or termination of your account.

Upon termination, you must immediately pay all amounts owed to us. We will complete any transactions or contracts already entered into, provided they are legal and do not violate any court order. We may postpone transferring any credit balance until all transactions and contracts between you and us are closed, and we may require you to pay any charges incurred in transferring your investments.

If you involve us in any type of fraud, we may reverse all previous transactions or contracts, which may place our interests and/or other clients' interests at risk, at our sole discretion, without prejudice to any other rights we may have under these terms.

7. Queries, Complaints and Disputes Management

For any queries or complaints, please contact our customer support department through the support channel available on the platform.

In the event of a dispute between you and us related to a transaction or communication concerning a transaction, we reserve the right to close the transaction or communication at our absolute discretion and without notice. We may take such action to limit the maximum amount involved in the dispute, and we shall not be obligated to you in connection with any subsequent movement in the level of the transaction. This provision is without prejudice to any other rights we may have to close a transaction under these Terms.

8. Anti-Money Laundering Policy

a. At Swish, we are committed to preventing money laundering and fully complying with all anti-money laundering laws and regulations in Nigeria. To this end, we have implemented policies and structures that ensure compliance with government laws and regulations and international best practices.

b. We are aware of the risks and challenges associated with digital asset transactions, which make them attractive to money launderers. Therefore, we have developed policies and independent measures to prevent money laundering on our platform.

c. Our compliance unit, headed by a compliance officer, oversees the implementation of our anti-money laundering policy in line with government policies. We regularly conduct background checks on suspicious users based on transactions processed on our platform. We also develop vetting systems to manage and mitigate the risks of money laundering and report suspicious transactions to relevant authorities.

© 2024 Swish. All Rights Reserved.