Except as otherwise agreed separately in writing between us, SwiftVEE grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the SwiftVEE Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SwiftVEE software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the SwiftVEE software applications).
You are not granted any right to use SwiftVEE’s name, trademarks or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by SwiftVEE. In case You wish to use any part of the Services as a part of Your own application or modify any part of the Services, such use is subject to SwiftVEE’s prior written approval and that You enter into a separate license agreement with SwiftVEE.
SwiftVEE strives to provide adequate and efficient technical support, upgrades and updates for the Services. SwiftVEE shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.
You guarantee that any information and other content, such as Your profile information and information regarding the contacts provided to us, that You may share with SwiftVEE as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with SwiftVEE in order for SwiftVEE to provide the Services to you.
You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us. Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third party information accessible via the Services, is strictly prohibited.
You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by SwiftVEE, other Users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that SwiftVEE is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services.
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. SwiftVEE and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.
You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:
is true and not false or misleading;
is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
belongs to You, or which You have a right to distribute; does not constitute an infringement of the intellectual property or privacy rights of any third party;
does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services. is accurate, fair, and is not disparaging of us, the Services or other Users. Further, You agree to be fair, accurate and non-disparaging while reporting numbers, leaving comments, suggestions, feedback, testimonials and reviews on or about the Services.
SwiftVEE appreciates the opportunity to be notified of any objectionable user generated content posted or communicated by a User directly in or on the Services. Please contact us at firstname.lastname@example.org to report any objectionable user generated content. SwiftVEE hereby reserves the right in its absolute discretion to remove any content from the Services.
The Services may contain links to external content provided by third party websites and services. Such third-party content, websites and services may be subject to the respective third-party terms and conditions and SwiftVEE will not be liable for any such third-party content, websites or services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFTVEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT THE SERVICES ARE USED AT YOUR OWN RISK.
You understand and acknowledge that the Services may be unavailable from time to time and that SwiftVEE will not be liable for Your inability to use the Services for whatever reason.
SwiftVEE makes no warranty or representation that the Services are available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT SWIFTVEE SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, SwiftVEE shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the SwiftVEE applications and cease to use the Services.
SWIFTVEE SHALL NOT BE LIABLE FOR THE VALIDITY, RELIABILITY OR CORRECTNESS OF THE CONTENT AND INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE CONTENT AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK.
Nothing in these Terms shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law.
You agree to pay us the applicable fees (“SwiftVEE Fees”) and taxes in accordance with the billing terms, based on the platform You are using, which are incorporated herein by reference. You will be charged the applicable fees and taxes during the subscription period unless You cancel the Paid Service, in which case You agree to pay a reasonable cancellation fee for the applicable subscription period. We may change the SwiftVEE Fees from time to time by posting the changes in or on the Services or by notifying You in advance. All fees are, except as otherwise expressly provided herein or as required by applicable law, non-refundable. Failure to pay these fees may result in suspension or termination of Your Service or subscription.
Depending on what platform You are using, prepaid fees for the Services may be connected to Your device as well as its phone number. Therefore, in some cases, if You change the device or its SIM-card, You cannot transfer the balance to a new device or SIM-card and no refund will be available in such cases.
You acknowledge that You are fully responsible for the Internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.
We reserve the right to suspend or terminate Your Services for any reason whatsoever, including but not limited to Your failure to pay for the Services in accordance with the billing terms. We reserve further, the right to recover from You any costs or fees including attorneys fees we have incurred as a result of Your failure to comply with the billing terms. Should You fail to provide us due and proper notice of Your cancellation of the billing terms, You will be liable for the remainder of the billing period notwithstanding Your services being suspended.
Your right to use the Services is subject to a one-month free trial whereafter You will be debited for the Services we provide to You in accordance with the billing terms. Notwithstanding updated to our billing terms from time-to-time, the Services we provide to You are subject to a 12-month contract which, in the absence of cancellation, shall continue on a month-by-month basis.
You shall be entitled to cancel the Services we provide to You without the accrual of a cancellation penalty if You provide notice of cancellation within the first 3 months of Your use of our Services. The use of our Services shall be calculated as inclusive of Your one -month trial constituting Your first month of use of our Services. Notwithstanding the provisions contained above, You are entitled to cancel use of the Services at any time by providing thirty (30) days’ advance notice in writing, whereafter You shall be charged 80% of the value of the outstanding billing period. You expressly agree and acknowledge that the cancellation fee is fair and reasonable.
Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination, Fees and Governing Law shall survive any termination of these Terms.
SwiftVEE reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
SwiftVEE may change the Services at any time, such as by adding or removing features or discontinuing the Services. SwiftVEE also reserves the right to modify these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof and provided the option to immediately terminate the Services. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at https://www.swiftvee.com/legal Any continued use by You of the Services following publication or notification of revised Terms shall constitute Your acceptance to the revised Terms.
These Terms shall be governed and construed in accordance with the laws of South Africa. You agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in Cape Town and both SwiftVEE and You irrevocably submit to the jurisdiction of such courts/tribunals.
We collect certain information:
We may use your information:
We may disclose your information in the circumstances mentioned in this policy.
You can contact us with privacy related questions: email@example.com
This policy applies to all visitors to our website and customers who have subscribed to the services we offer (“you” and “your”).
We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way we collect, store, use, and protect information that can be associated with a specific natural or juristic person and can be used to identify that person (“personal information”). Personal information:
You must accept all the terms of this policy when you register for any of our services. If you do not agree with anything in this policy, then you may not register for and use any of the services. You may not access our website or use our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts. By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all its terms.
We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
12.2. Some information, including, but not limited to, usage information and other information that may arise from Your interaction with the Services, cannot be used to identify You, whether in combination with other information or otherwise and will not constitute personal information for the purposes of this Policy.
12.3. Optional details. You may also provide additional information on a voluntary basis. This includes content or product that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the website.
12.6. Web beacons. Our website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
12.7. Purpose for collection. We use personal information to provide Services to you and enhance the services we provide you if you have enquiries please contact us on: firstname.lastname@example.org
The information we collect is filtered and anonymised as far as possible to ensure only statistical and superficial information is accessed
14.1. No Sharing. We will not share your information without your permission: In particular we will not share your information with:
14.2. Regulators. If you contact us regarding your experience with using any of our products, we may disclose your personal information as required by law or governmental audit.
14.3. Law enforcement. We may disclose personal information if required:
14.4. Change of ownership. If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
We use security safeguards such as firewalls and data encryption to protect personal information and we enforce physical access controls to our buildings and files. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
We ensure the personal information we collect as accurate, complete and up to date as is necessary for the purposes explicitly defined in this policy. From time to time we will request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, by emailing us, or by phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
We will not transmit or transfer personal information outside South Africa to a foreign country which has less stringent privacy laws than POPIA.
You may choose to delete, correct or update the personal information you have submitted to us by emailing us at: email@example.com
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
1.1. The “SwiftAuctions” mobile application (the “App”) powered by SwiftAuctions allows for users to bid online on various auctions as described by the App (the “Services”).
1.2. This end user license agreement (the “EULA”) governs your use of the App, along with the various SMS Technology, Skins, Templates, Information, Data, Billing System, Reports, Notifications, and Comments including any modifications or updates to it. By downloading, installing, or using the App, or in any manner indicating your agreement to these terms, you become bound by the terms of this EULA, which is entered into between you (the user of the App) and us, Masipa Swift Consulting (Pty) Ltd.
1.3. You will probably download this App to your mobile device (“Device”) from a third-party mobile app store (the “Store”). This EULA and your use of the App are both subject to any conditions imposed on you from time to time by the Store in accessing and downloading the App.
1.4. We may release new versions of the App from time to time. You must download the new version in order to continue to make use of the Services.
2.1. We grant to you a non-transferable license to use the App on any Device that you own or control for the sole purpose of accessing the Services. If the Store that you download the App from is operated by Apple Inc., then the license is limited to use the App on an iPhone, iPod touch, iPad or other device using a version of the iOS operating system.
2.2. This license does not allow you to use the App on any Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation our rights and the rights of our licensors.
2.3. We may change the terms of this EULA at any time, and will display the new EULA for acceptance the next time you access the App. If you do not accept the amended EULA, this EULA will automatically terminate (see clause 6.1).
3. Registration and Creation of Account
3.1. As a new user you will need to register with us before you can use the Services. To complete the registration process you will need to register on the App by verifying your email address, completing the registration form, accepting this EULA and all related Terms and Conditions and Policies. You undertake to provide us with accurate information and to keep this information updated and accurate at all times.
3.2. You must keep usernames and passwords safe to ensure that only you can use the App. You agree that usernames and passwords are issued for individual users only and that you must not share this information with anyone else.
4. Personal Information and Privacy
5.1. There is no charge for registering an account.
6. Term, Termination and Suspension of Services
6.1. This EULA will remain in force until terminated either by you or by us. Your rights under this EULA will terminate automatically without notice from us if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you must cease all use of the App, and destroy all copies, full or partial, of the App. We reserve the right, and in our sole discretion, at any time and for any reason, to:
6.1.1. Automatically terminate your license to use the App if you fail to comply with any of the terms and conditions set forth in this EULA; or
6.1.2. Remove or disable access to all or any portion of the App; or
6.1.3. Suspend your access to or use of all or any portion of the App.
7. Third Party Content and Services
7.1. The App may allow access to websites or other applications owned and / or operated by third parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof.
7.2. You agree to use the App at your sole risk in this regard and we consequently are not responsible for and do not accept any liability in connection with any third party material that may be accessible via the App (regardless of whether or not we have permitted access to the material). Specifically the App may make use of third party mapping data, and we take no responsibility for its accuracy.
7.3. If you access such material you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise.
8. Consent to Use of Technical Data
8.1. You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
9. Collection of Location Data (this can be disabled)
9.1. We may make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on your Device. If you use this functionality, you consent to the transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us from collecting such data at any time by turning off the location services settings on your device or on the App.
10. Acceptable Use RestrictionsYou must:
10.1. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
10.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App;
10.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
10.4. follow the Republic of South Africa and international laws regarding transmitting data and you will not attempt to gain access to our computer system or any other computer systems without the necessary authorisation;
10.5. not use the App in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other Users; and
10.6. not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers.
10.7. Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks or with another member's use and enjoyment of the service or another individual or entity's use and enjoyment of similar services
10.8. Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
11. Downtime and Maintenance
11.1. Your access to and use of the App may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the App for any reason;
11.2. We shall also be entitled, without any liability to you, to suspend access to any portion or all of the App at any time, on a system-wide basis for scheduled downtime to permit us to conduct maintenance or make modifications to any part of the App;
11.3. In the event of a denial of service attack or other attack on the App or other event that we determine, in our sole discretion, may create a risk to the App, to you or to any of our other customers if your use of the App were not suspended; or
11.4. In the event that we determine that any Services or part thereof is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons
12. Relationship with the Store
12.1. This clause 12 only applies to you if the Store that you download the App from is operated by Apple Inc.
12.2. Both parties acknowledge that this EULA is entered into between them only, and that Apple Inc. is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance of the App.
12.3. In the event of a failure of the App to conform to an applicable warranty, you may notify the Store, which may refund the App license fee to you (if one was paid). To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the other provisions of this EULA).
12.4. Both parties acknowledge that we, and not the Store, are responsible for addressing any of your claims or any third party relating to the App or your possession and/or use of the App including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
12.5. Both parties acknowledge that if there is any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
12.6. Both parties acknowledge and agree that this EULA operates as a contract for the benefit of a third party in favour of the Store and its subsidiaries, insofar as the provisions of this EULA create rights in favour of the Store. The Store will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.
13. Identity and Contact Details
13.1. Your identity and addresses where you will accept service of any notices or other communications under this EULA is as per the information that you provide to us when registering the App.
13.2. Our identity and addresses where we will accept service of any notices or other communications (including queries and complaints) under this EULA are:Name: Masipa Swift (Pty) Ltd Address: Unit 101, Mason’s Press, 7 Ravencraigs Road, Woodstock, 7925 Telephone number: 064 032 4839 Email address: firstname.lastname@example.org
14. Intellectual Property
14.1. All intellectual property rights in the App throughout the world belong to us and the rights in the App and are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use the App in accordance with these terms.
15. No Warranty
15.1. Save as expressly set out in this EULA and to the maximum extent permitted by law, we make no representations and give no warranties or guarantees of any nature whatsoever in respect of the App, which is provided on an “as is” and “reasonable effort” basis, and all warranties, whether statutory or which are implied or residual or at common law are hereby expressly excluded. Should the App prove defective, you assume the entire cost of all necessary servicing, repair or correction.
16. No Obligations
16.1 We have no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy the everyday running or any applicable law, regulation, legal process or governmental request.
17. Limitation of Liability
17.1. We are not liable for any loss or damages of whatsoever nature and howsoever arising including direct and indirect, consequential, aggravated, special or incidental loss or damages which will include but will not be limited to loss of property, data, profit, business, goodwill, revenue or anticipated savings) or any costs (including legal costs on the scale as between attorney and own client and any additional legal costs), claims or demands of whatsoever nature and howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict or vicarious liability, in delict or otherwise, and whether either party anticipates the damage or not, and whether arising from or relating to this EULA, the Services or otherwise. In particular you must exercise proper care, and we cannot be held liable for any loss arising from your reliance on mapping or location data should this prove to be inaccurate or misleading.
18.1 You agree to indemnify and hold SwiftAuctions, its parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the service.
19. Participation in promotions of advertisers
19.1 Any dealings with advertisers on the service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We shall not be responsible or liable for any part of any such dealings or promotions.
20. Interpretation & General
20.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the service.
20.2. This EULA is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it.
20.3. The laws of the Republic of South Africa will apply to this EULA, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
20.4. For the avoidance of doubt, any provision of this EULA that anticipates any right or duty extending beyond the termination or expiry of this EULA will survive the termination or expiry of this EULA and continue in full force and effect.
20.5. If one party chooses not to enforce any part of this EULA, that does not mean that the party cannot enforce that part at a later time. If any part of the EULA is found to be unenforceable, the rest will still be enforceable.
20.6. If a provision of this EULA is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
20.7. In the event that any part of this EULA is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this EULA.