Last Modified: 11 July 2023
1.1. You can perform Transactions on the Website in order to purchase Prepaid Vouchers including but not limited to Airtime, Electricty and Gift Vouchers.
1.2. These terms and conditions and the privacy policy govern your relationship with us (together referred to as the “Terms and Conditions”). By accessing our Website, purchasing a Voucher or redeeming a Voucher, you agree to and accept our Terms and Conditions. If you do not agree and accept, please do not use our Website and do not purchase or redeem a Voucher.
1.3. Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.
2.1. “Website” means the SwiffyVouchers Website;
2.2. “Device” means the device you use to access the Website;
2.3. “SwiffyVouchers”, “us”, “we”, “our” means Swiffy Technologies Pty Ltd trading as SwiffyVouchers with registration number 2020/195514/07, a private company with address at 105-16 Chartwell Drive, Umhlanga, Durban, 4320 and “SwiffyVouchers” may further, as context dictates, mean Swiffy’s owned and operated Products;
2.4. “Personal Information” means personal information as defined in the Protection of Personal Information Act;
2.5. “Products” means any product and/or Voucher including but not limited to Airtime, Electricty and Gift Vouchers;
2.6. “Product Terms and Conditions” means the terms and conditions established by a Provider with respect to the Products;
2.7. “Provider” means the owner, supplier or distributor of a Product and/or Voucher;
2.8. “Provider Product Programme” means the programme offered by a Provider which allows you to purchase goods and/or services or access or redeem credit from the Provider or its designee following your purchase of a Product.
2.9. “Transactions” mean the different transactions or activities relating to a Product that can be performed by you via the Website. Transact has a similar meaning;
2.10. “User Guide” means the digital manual which explains how to operate the Website, and how to Transact, as updated from time to time;
2.11. “Website” means https://www.swiffyvouchers.co.za; and
2.12. “you / your” means the person who uses the Website, or purchases / redeems a Voucher.
3.1. SwiffyVouchers is a business in the Retail industry that sells digital prepaid vouchers and gift vouchers.
4.1. SwiffyVouchers may, at its sole discretion, change this agreement or any part thereof at any time without notice. Your continued use of the Website, or purchase or redemption of a voucher, means that you have accepted such changes.
5.1. You must use software and hardware suitable for the Website. If you do not, the Website may not work properly, and this could increase your security risk for which we will not be liable under any circumstances whatsoever.
5.2. You may not reverse engineer, scrape, decompile or impair the function of the Website in any way.
6.1. There are no subscription costs to access the Website.
6.2. We reserve the right to pass on payment processing charges where applicable.
6.3. Your internet service provider or mobile operator may charge you data costs for access to our Website.
7.1. You can perform Transactions by paying at checkout via card, EFT, and other payment methods provided.
7.2. The different types of Transactions that can be performed are subject to change from time to time without notice from us.
7.3. The Prepayment can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions.
7.4. You authorise us to carry out any and all Transactions.
7.5. Refunds /reversals
7.5.1. All Transactions are in real time. It is therefore important that you check the Transaction details and details of the Product(s) and Provider(s) before submitting the Transaction. Reversals or refunds of a Transaction are subject to review and no reversal or refund of a Transaction is permitted by a Provider once a Transaction is successful.
7.5.2. Should a a refund be approved, the refund will be processed to the same payment method as the original payment for a Transaction. If the card you used to pay for the Transaction is no longer valid, you must notify us beforehand. Card refunds may take up to 14 working days to reflect in your account. A valid proof of refund from our payment processor shall be conclusive proof that a card refund was successful. Please contact your card issuing institution should the refund not reflect within 14 working days from the date of refund.
7.5.3. We will regard a Transaction as being successfully completed once a voucher code is displayed on the screen.
8.1. SwiffyVouchers’ country of operating is South Africa and the Transaction currency is South African Rand (ZAR).
8.2. Payment on the Website can be made via i) Visa, MasterCard, instant EFT and other payment methods provided. Your chosen payment method may be subject to certain terms and conditions published by your payment issuing institution.
8.3. When paying via card, instant EFT or other payment methods provided, you warrant that you are authorised to use the card or account for the purposes of paying for Products and that you have sufficient available balance to pay for the Product(s).
8.4. Your order will only be processed once we receive confirmation from our payment process or that your payment was successful.
8.5. We reserve the right to decline any payment should we suspect any fraudulent activity related to the payment.
8.6. Charge backs or queries
8.6.1. If we receive a chargeback request or query from your bank related to a Transaction, and we have evidence that the Transaction was successfully processed, we may contest the chargeback or query with your bank.
8.6.2. We may also block, suspend or terminate your Account or any future account which you may create should a Transaction on your Account be subject to a charge back or query.
9.1. SwiffyVouchers takes responsibility for all aspects relating to the transaction including sale vouchers sold on this website, customer service and support, dispute resolution and delivery of goods.
10.1. Subject to availability and receipt of payment, requests will be processed immediately in real-time and the digital voucher confirmed on the website.
11.1. SwiffyVouchers shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be accessed on: https://www.justice.gov.za/legislation/acts/2000-002.pdf.
12.1. Subject to any intellectual property rights held by any other third parties or Providers:
12.1.1. We keep, or we are licensed, all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the Website; and
12.1.2. We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use Website, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-license such third-party content, including intellectual property rights associated with it.
12.2. You acknowledge that you:
12.2.1. will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the Website;
12.2.2. will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the Website in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;
12.2.3. will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the Website, or any other intellectual property which may be confusingly similar thereto in any country;
12.2.4. will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the Website in any country;
12.2.5. will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the Website or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardies or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and
12.2.6. You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App or Website, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.
13.1. We are entitled to cancel, terminate or suspend your use of the Website respect of all Transactions or selected types of Transactions, or the ability to purchase or redeem vouchers, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if:
13.1.1. we have reason to believe that the Website has been or is likely to be misused;
13.1.2. suspect any illegal use of the Website;
13.1.3. you gave false or inaccurate information;
13.1.4. you fail and/or refuse to follow our instructions;
13.1.5. you are in breach of these terms and conditions or the provisions of any other agreement between us;
13.1.6. law forces us; or
13.1.7. if we need to protect our interest.
13.2. We reserve the right to terminate or suspend your access to the the Website or your ability to purchase or redeem vouchers, without any liability to you or any third party.
14.1. Due to system failures and/or time outs of third-party service providers, the uninterrupted availability of the Website cannot be guaranteed although we undertake that we will take reasonable steps to mitigate any down time of our systems.
14.2. If the Website or the ability to purchase or redeem vouchers are not available due to a factor beyond our control, or where the Website is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.
14.3. You use the Website at your own risk. The Website is not error-free and is being provided on an AS IS basis without warranty of any kind.
14.4. We will not in any circumstances be liable for any consequential or in direct losses however these may arise or for any other unusual losses. In particular, SwiffyVouchers shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.
14.5. The legal relationship with regards to any goods and/or services purchased pursuant to a Product Provider Programme sits solely between you and the Provider. We shall not be liable for any claim whatsoever which may arise from any goods and/or services pursuant to a Product Provider Programme.
14.6. We will not be liable for any claims, loss or damage resulting from claims that Products are defective where we act as agent for the Provider thereof.
14.7. You indemnify SwiffyVouchers against any loss suffered by it, whether direct or consequential or claims instituted against SwiffyVouchers by virtue of your use of the Website.
15.1. You are not, without the consent of SwiffyVouchers, entitled to cede, delegate or sub-license all or any of your rights and/or obligations in terms of your contractual relationship with SwiffyVouchers to any third party. SwiffyVouchers shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by SwiffyVouchers.
15.2. No indulgence, leniency or extension of time which SwiffyVouchers may grant or show to you shall in any way prejudice SwiffyVouchers or preclude SwiffyVouchers from exercising any of its rights in the future.
15.3. You may not change any of these Terms and Conditions provided to you from time to time with regards to the Website.
15.4. No waiver of any right of SwiffyVouchers, shall be effective unless reduced to writing and signed by SwiffyVouchers.
15.5. SwiffyVouchers shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
15.6. SwiffyVouchers chooses its domicilium citandi et executandi as 105 – 16 Chartwell Drive, Umhlanga, Durban, 4320.
15.7. You can contact SwiffyVouchers by sending an email to hello@swiffy.co.za.
15.8. Our legal relationship with you and the Terms and Conditions are governed by the laws of the Republic of South Africa.