Welcome to Swish. The following are the rules that govern your use of the Swish app.
Please read this End User Licence Agreement (this “Agreement”) carefully before downloading, installing, copying, accessing, or using the Swish application (“Swish” or “the app”).
NetOne Payment Systems Limited (the “Company” or “we”) and you (the “Customer” or “you”) expressly agree to be bound by the terms of this Agreement. By downloading, installing, copying, accessing, or using Swish, you agree to this Agreement.
We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) this Agreement at any time and from time to time. For convenience only, the date on which this Agreement was last amended is shown below the main heading of this Agreement.
Applicable Laws mean all applicable laws, enactments, regulations, regulatory policies, regulatory guidelines, industry codes and regulatory licenses which are in force in Zambia from time to time.
Device means a mobile telephone, smartphone, tablet or similar technology.
Subject to the terms and conditions of this Agreement, the Company grants you a non-exclusive, non-transferable limited, conditional and non-sublicensable right to use Swish solely for non-commercial purposes only if, as a condition precedent, you agree that you will not:
This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of Swish by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of Swish, and infringes our copyrights, trademarks, patents and other rights in Swish.
When registering for Swish, you will be required to provide certain personal information (for example proof of identity, address, gender etc). You will also be required to provide the Know Your Customer (“KYC”) information that we deem necessary in order for us to comply with Applicable Laws. You must always provide accurate and up to date information to us. We reserve the right not to register you for Swish Plus without this information.
You can only register for, and use, Swish in your own capacity (thus, you cannot carry out transactions in the name of another person or on their behalf). We reserve our right, without having to provide any reasons, to approve or decline your application for registration. You will not be able to register for more than one Swish.
For security, identification and verification purposes, when using Swish, you will make use of a variety of access codes for different purposes, such as your Personal Identification Number ("PIN"), User ID and Password. These are all called your "access codes". You are responsible for maintaining the confidentiality and secrecy of your access codes. Only you may use your access codes. If you call the Swish helpline, we may, for the purposes of identification and verification, request certain information such as your account or User ID. However, there will never be a reason for the Swish helpline or any of our staff, to request or know your Password or PIN. If you believe your access codes have been compromised, you must immediately contact the Swish helpline.
Until you notify us to deactivate your access codes we will not be responsible or liable for any transactions that are performed without your knowledge or consent and you hereby indemnify us from any loss and damages you suffer as a result.
The use of Swish is free of charge for the Customers.
We are committed to ensuring the security of your use of Swish and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via Swish. Where you have been a victim of transaction fraud while utilizing Swish, you must inform us immediately as soon as you become aware that a suspicious transaction has occurred on your accounts and open a case at your nearest Zambia Police Station. You will also be required to co-operate with us and the Zambian Police in any investigation conducted into losses that you suffered as a result of such transaction fraud. Only if you have complied with safety measures, including maintaining the confidentiality and secrecy of your access codes, and are not negligent, will we consider to reimburse you after conclusion of the investigation for any actual losses suffered due to such Swish transaction fraud. Any such reimbursement is at our sole discretion.
Because we communicate through the Internet, you agree that we are entitled to assume that you have authorized all transactions once your access codes have been entered. This will not apply once we receive notification from you to disable access to your accounts as a result of your access codes having been misplaced or lost or stolen and you have a reference number as verification of such notification. Our records of your transactions will be proof of any instruction you have given us, unless you can prove the contrary. You are responsible for giving correct information and instructions when registering for Swish and when conducting transactions on Swish.
We do provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction, before finally submitting any transaction. We will try to assist if you make a mistake when giving us an instruction, but we will not be responsible for any loss or damage caused by your error. We will also not be liable for payments made by you to unintended recipients due to the input of incorrect information, nor are we responsible for the verification of the identity of recipients. We cannot reverse or duplicate any erroneous payments you make to other accounts without the specific consent of the account holder. We will not be liable for any act or omission on the part of any institution where such other account is held.
You hereby acknowledge that certain transactions once performed, may not be reversed or terminated, such as the purchase of pre-paid products made available via Swish. An instruction will only be deemed to have been received by us once we have confirmed receipt, or responded thereto, whichever is the earlier. If you are unsure as to whether a transaction has been processed you should contact us before you re-submit the instruction. Re-submitting an instruction may cause us to process the same transaction twice, for which we will not be liable.
You must log off the App once you have finished using Swish. If you fail to do so, unauthorized transactions may be conducted, for which we will not be liable.
We respect your privacy and your personal information. We will take all reasonable measures to protect your personal information and to keep it confidential, even when you are no longer our Customer. If you call our helpline you permit and hereby consent to us to recording your calls for security reasons, and for the purposes of customer care.
We will try to ensure that sensitive payment information provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
You hereby consent that:
In your use of Swish, you agree that:
To the fullest extent permissible by law, no warranties, whether express or implied, are made of any kind in respect of Swish including in respect of the performance, quality, security, content, information, availability, accuracy, safety or reliability of Swish. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
While we will do everything we can to provide continuous operations, Swish does not provide any warranty in relation to the availability of Swish. Without limiting the generality of the foregoing, we do not guarantee continuous access to Swish and make no representation that Swish and/or any products or services offered therein will be available indefinitely or without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information. We also make no representations or warranties regarding the amount of time needed to complete processing a transaction, and we cannot be held liable for any losses suffered as a result of a delay. We are not responsible for loss or damage caused due to a technical or other problem (interruption, malfunction, downtime or other failure) that affects the app or a third-party system, or where your personal information or any other data collected through the app is either directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts or harmful computer programs. ALSO BE AWARE THAT VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR PHONE OR ELECTRONIC DEVICE COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APP EXCEED THE TRANSACTION VALUE, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR TORT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW. IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE APP, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE APP TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. IN NO EVENT WILL YOUR ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.
If anyone brings a claim against us related to your use of the App or your violation of this Agreement, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Swish may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks.
We may discontinue providing Swish or any of the products or services offered via the website at any time at our sole discretion. We will however, notify you of this within a reasonable time of these changes being made. You agree that we will not be liable to you or any third party for termination of your access to the app or to your account or any related information.
For the purpose of this clause “Dispute” means any dispute, difference of view, disagreement, controversy or claim arising out of or relating to this Agreement or the interpretation or performance of provisions of this Agreement or the breach, termination or validity thereof, which the parties are unable to resolve by mutual agreement within a reasonable time. In the event of any Dispute, any party may give notice in writing to the other party to require such Dispute to be referred to the arbitration of a single arbitrator to be agreed by the parties and the arbitration shall be conducted in Lusaka, Zambia. If the parties fail to agree on who shall act as a single arbitrator as above within two calendar months from receipt of the aforesaid notice, then the arbitrator shall be chosen by the Chartered Institute of Arbitrators (Zambia).
We retain exclusive ownership of all right, title and interest in and to Swish (including its object code and source code), including all intellectual property rights in connection therewith (including but not limited to patents, patent applications, trade secrets, data, models, inventions, know-how, processes, algorithms, software programs, software source documents, formulae, trademarks, service marks, trade names, signs, logos, other indicia of origin, registered and unregistered trademarks, registered designs, and copyrights). You must not act in any way that infringes our intellectual property rights to the app. You must not infringe or remodel any of the programs or software that composes Swish. You shall not duplicate, reproduce or in any way tamper with the services without our prior written consent. You agree that we may use your information to market products, services and special offers from us or other companies that may interest you. We will do this through the Swish app, by text or email. If you decide that you do not wish to receive this, you can contact us and we will stop.
We reserve the right to discontinue, make changes to or review Swish (or any of the services partially or wholly) from time to time in the light of changing market conditions and/or Applicable Laws.
If we do not always use all of our rights, it does not mean that we have given them up (waived them).
We may transfer our rights and obligations under this agreement and our agreements relating to particular services to third parties without first getting consent from you.
Zambian law will govern this Agreement. Should any part of this Agreement be declared invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions will remain valid and enforceable.
Last Updated: 1st June 2021