Last Revised 26th July 2023
If you are the individual applying for the Account, you represent and warrant that you are an authorised representative of Company with the authority to bind Company to this Agreement, and that you agree to this Agreement on Company’s behalf. By accessing or using our Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Swypex.
1. Use of Services
You may use Swypex's Services only if you meet certain requirements, specifically:
The Company must be a legal entity registered in the Arab Republic of Egypt with a valid Commercial Registration and Tax Identification.
The Company is in good standing in its jurisdiction of organisation and the User is not associated with any of the United Nations lists pertaining to terrorism financing or to the United Nations consolidated list.
The Company or Users must not be part of or associated with any Egyptian or Internationally prohibited lists pertaining to Anti Money-Laundering and Terrorism Financing.
The Users must be at least 18 years of age.
Swypex reserves the right to accept or reject any application for its Services at its sole discretion. We may provide you with a reason for rejection, but We are not obliged to do so.
1.2 Registering/Opening an Account
When opening an Account with Swypex, you gain access to Services that are provided by our (“Banking Partner”), being Mashreq Bank, a bank duly incorporated under the laws of the Arab Republic of Egypt having commercial register number 40051, such as the Account and Cards. By using our Services you agree to any supplemental terms and agreements provided by our Banking Partner.
To open an Account, you must submit certain information about the Company and personal information (“Information”) about you, including your National Identification Card, phone number and email. We also require providing the Company’s commercial registration number, tax registration number, nature of business, phone number, email, fax and any other documentary information used to verify business and personal information.
By opening an Account and using our Services you agree that the Information is accurate and up to date and acknowledge that we may share part or all of the Information with our Banking Partner when required by laws and regulations, or competent authorities. If the Information is incomplete, inaccurate, or out of date, we may deny your application or suspend our Services and our Banking Partner may also deny your application at their discretion.
The Company and you are solely responsible for maintaining accurate, up to date and complete information throughout the use of our Services, and you shall notify Swypex if any changes occur to the Information.
We may require you to verify Information previously provided or request the provision of additional information. We may prohibit you from using the App if you deny the provision of any additional information that we might request at any time.
1.3 Account Management and Security
You are responsible for any actions or failure to act on the part of Users, or those using their credentials to access your Account. You are solely responsible for the activity that occurs on your Account.
We adhere to the highest security standards to provide you with our Services. We also recommend you to take the necessary security precautions when using our Services, such as using strong passwords and keeping your credentials private. We will never ask you to share your password, passcode, card PIN or CVV or full card number. If you have received a request asking you to share your credentials or information then report it to Swypex immediately. you must also report lost or stolen Cards, phone or laptop, or any breach or potential breach of your Account immediately at [email protected].
We will not be liable for any losses caused by any unauthorised use of your Account.
We may suspend access to your Account if we believe that your Account has been compromised and will notify you in doing so.
By using our Services you agree and understand that you shall not:
Use the Account or the Services for any purpose that is prohibited by the Terms or considered unlawful by applicable Egyptian laws and regulations.
Attempt to use the Services directly or indirectly to send money to a sanctioned country, person, group or entity.
Use the Account or the Services for any personal, family, household, or other use that is not related to the Company's business purpose.
Use the Account or the Services for any third parties unaffiliated with the Company.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Access or use the Services for purposes of comparison with or benchmarking against third party products or services or in order to build similar services or competitive services.
Interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Swypex IP, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services.
Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express, written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
If you have violated this Agreement or have engaged in any Prohibited Activities or Restricted Activities, then you are also responsible for damages to Swypex caused by that violation and/or such activities.
To provide you with certain Services, we charge you (“Fees”). By using our Services you agree that Swypex will deduct these Fees from your Account when using these Services via Direct Debit. We will always notify you of any Fees before their deduction and you can always learn more about Swypex Fees on our Platform.
2. Proprietary Rights
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services.
We may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Swypex IP"), and all Intellectual Property Rights related thereto, are the exclusive property of Swypex and its licensors. Except as explicitly provided herein, nothing in the Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Swypex IP. Use of the Swypex IP for any purpose not expressly permitted by this Agreement is strictly prohibited.
By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place Swypex under any fiduciary or other obligation, and that We are free to use your feedback without any additional compensation to you, or to disclose your Feedback on a non-confidential basis or otherwise to anyone muffin. You further acknowledge that, by acceptance of your submission, Swypex does not waive any rights to use similar or related ideas previously known to Swypex, or developed by its employees, or obtained from sources other than you.
For the purposes of the Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3. Site Data and Privacy
You acknowledge, understand, and agree that we will collect, process, and share the Company’s data and personal data provided by the Company to
Use of Customer Business Logos
Logo Usage Authorization: By using our banking services and providing your business logo, you grant Swypex the non-exclusive right to use your logo for advertising and promotional purposes related to our banking services.
Consent and Revocation: Swypex will seek your explicit consent before featuring your business logo on our website, marketing collaterals, or promotional content. You retain the right to revoke this consent at any time by contacting our support team at [insert contact information].
Intellectual Property Rights: You affirm that you own all necessary rights to grant Swypex the right to use your business logo for advertising and promotional purposes. Swypex acknowledges that your business logo remains your intellectual property, and we do not claim any ownership or additional rights to it beyond the scope of this agreement.
Display and Modifications: Swypex may display your business logo on our website's "Clients" or "Partners" page, marketing materials, and other promotional content. While we will not make substantial modifications to your logo without your consent, minor alterations, such as resizing for display purposes, may be applied as necessary.
Retention Period: Your business logo will be retained for as long as it remains relevant to our advertising and promotional initiatives. Upon discontinuing our services or your request for removal, we will promptly remove your logo from our advertising materials.
4. Third Party Links
Integration of Third-Party Invoice Platform - User Responsibilities
When you choose to integrate your Swypex account with a third-party invoice platform, you are solely responsible for providing accurate and up-to-date credentials to enable the integration. By entering your credentials on the Swypex platform, you agree that you have the legal right to access and retrieve data from the third-party platform.
You must maintain the confidentiality of your account credentials and not share them with any unauthorized individuals. Swypex will not be held liable for any unauthorized access, data breaches, or misuse of your account due to the improper handling of your credentials.
You have the option to disable the integration with the third-party invoice platform at any time through your Swypex account. By doing so, you revoke Swypex's permission to access and retrieve data from the third-party platform.
5. No Warranties
THE SERVICES ARE PROVIDED BY SWYPEX ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND USERS USE OF THE SERVICES IS AT THE COMPANY’S OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWYPEX PROVIDES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER FLORAL OR WRITTEN, OBTAINED BY YOU FROM SWYPEX OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SWYPEX, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE INFORMATION PROVIDED TO YOU THROUGH THE SERVICES IS ACCURATE, RELIABLE, OR CORRECT, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPANY’S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM USERS USE OF THE SERVICES OR DOWNLOADING ANY CONTENT THROUGH THE USE OF THE SERVICES.
SWYPEX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE. SWYPEX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
6. Limitations of Liability
SWYPEX’S LIABILITY IS LIMITED WITH RESPECT TO YOUR SWYPEX ACCOUNT AND THE COMPANY’S USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWYPEX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL SWYPEX BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWYPEX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE COMPANY’S ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SWYPEX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SWYPEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
You agree to indemnify, defend, and hold harmless Swypex and its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, expenses, and costs (including attorneys' fees) arising from or in any way related to your use of the Services, your breach of these Terms, or your violation of any law or the rights of any third party. Swypex reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Swypex in asserting any available defences.
8. Term and Termination
These Terms are effective when you, the Company or the Users start using our Services, and continues to remain effective until terminated by either the Company or Swypex, or in accordance with the instructions of the competent authorities, the Central Bank of Egypt or our Banking Partner Agreements or as otherwise set forth in the Terms.
You may request to terminate this Agreement by ceasing to use the Services and providing a notice to Us [email protected]. We will not terminate the Account for a minimum of fourteen (14) business days to allow for any pending transactions and to ensure that we abide by any regulations, Banking Partner Agreements or requests by relevant authorities.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt.
Any dispute arising out of or in connection with the Terms or its interpretation, implementation, performance or termination shall be finally settled by arbitration in accordance with the Rules of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) in force at the time of the arbitration. The arbitral tribunal shall consist of three arbitrators to be appointed in accordance with the said rules. The language of the arbitration shall be English. The seat of arbitration shall be Cairo, Egypt. The laws of the Arab Republic of Egypt shall be the applicable law.
11. Changes to this Agreement
We may modify the Terms, by posting an amended version and including the date of the revision. The amended version will be effective at the time we post it, unless otherwise noted. If such modifications constitute a material change to the Terms, we will provide you with reasonable prior notice. If you do not accept any such modification, you must cancel your Swypex Account. If you continue to use the Services or Cards after any modification takes effect, you will be deemed to have consented to the amended version.
12. Entire Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with Swypex in connection with the Services, shall constitute the entire agreement between the Company and Swypex concerning the Company’s Account and the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effective.