These terms and conditions comprise the agreement between Swift Power Pay Services and the User in connection with the User’s Swift Power Pay Accounts.
By accepting and/or using the Services offered by Swift Power Pay Services including the use of website or its network, the User unconditionally accepts all the following terms and conditions and accepts the onus and liability for ensuring compliance with the laws, and generally the laws of Pakistan as applicable.
In these terms and conditions:
1.1. "Account" means the Swift Power Pay account held or to be held at www.swiftpowerpay.com in the name of the User (whether individually or as a company), the Reference ID of which is or shall be specified on the detail page after registration
1.1.a. "SPP" means
1.1.b. "Swift Power Pay Account" means the same as 1.1
1.1.c. "SPP Account" means the same as 1.1
1.2. "Account Currency" means the currency in which the Account is denominated.
1.3. "SPP" may mean any bank which SPP might utilizie to complete its transactions.
1.4. "Reference ID" means a alphanumeric code issued by SPP after registration and in the name of the person for use in connection with online facilities provided by SPP, including any purchase, deposit or withdrawal.
1.5. "User" means the person having power alone to operate the Account in accordance with the SPP mandate in respect thereof.
1.6. "PIN" means the personal identification number set by the User from time to time for use with the Account.
1.7. "Transaction" means any bank withdrawal, payment made using the Account, deposit or any refund rising in connection with the use of the Account in any authorised manner for debit or credit to the Account.
1.8. "JBC" means JBC International, a corporation organised and existing under the laws of the State of Houston,Texas, United States of America, having an office and principal place of business at 14907 Mill Branch Ln , Sugar Land, TX , 77498 , United States of America or any subsidiary thereof.
1.9. "Swift Power Pay" means Swift Power Pay Services, the firm operating as swiftpowerpay.com, organised and existing under the laws of Pakistan, having an office and principal place of business at 108-c Al-Hassan Building Tughlaq Road Multan , Pakistan or any subsidiary thereof.
1.10. "Working days" means Monday to Friday inclusive except public holidays.
1.11. References to the singular include the plural and vice versa and references to one gender include references to the other gender. The headings used herein are for ease of reference only.
1.12. The Terms form the contract between the User and SPP. The User shall be deemed to have unconditionally agreed to and accepted the Terms by registering on the swiftpowerpay.com website, or acknowledging the use of its services in any way, or by signing on any SPP form, or by performing a transaction with the Account or by requesting activation of the Account to SPP Call Centre.
2. User facilities
2.1. The User may use the Account to pay for goods or services at websites, retailers or suppliers world-wide who accept the Account by signing in on the website and agreeing on the payment form by confirmation and SPP will debit to the Account the amount of any such Transaction authorised in such way.
2.2. The User may use the Account in conjunction with the withdrawal mechanism to withdraw money to any of his bank accounts. After requesting a withdrawal the User’s amount will be transfered to his/her bank account normally in 3 to 5 days. However, this transfer duration can vary depending on SPP’s schedule and internatal processing requirements. SPP will not be liable for any delays brought upon by the User’s bank or any legal proceedings.
2.3. The User may deposit money in his/her accounts by depositing a similar value in any "SPP Bank account". It will be the responsibility of the User to inform SPP using telephonic call or online system within 7 days of the deposit to ensure that SPP has received the money and reflected the amount in his account at swiftpowerpay.com. Thereafter, the User will be able to make purchases or withdraw the amount to any of his bank accounts. The amount of which will be debited to the Account.
2.4. The User may use the account at http://swiftpowerpay.com or any website which accepts SPP’s user account to withdraw money or make payment signing in and confirming the transaction, the amount of which will be debited to the Account.
2.5. SPP may, at its discretion, make available to the User more devices for payment through shared networks for the User’s convenience and use. All fees, charges related to transactions done by the User at these devices, as determined by us from time to time will be recovered by a debit to the User’s account. The User understands and agree that such networks may provide different functionality, service offerings and different charges for different services and/or locations.
2.6. SPP, shall, at its sole discretion, at any time, without notice to the User, be entitled to withdraw, discontinue, cancel, suspend or terminate the facility to use the User account and/or services related to it, at an website, devices within and/or outside Pakistan and shall not be liable to the User for any loss or damage suffered by the User resulting in any way from such suspension or termination, etc.
2.7. If the User has more than one foreign currency account, SPP shall, at its discretion, be entitled to select any one of the foreign currency accounts to be debited.
2.8. SPP Account is only available to persons over the age of eighteen years and who are of full legal capacity in all other respects. SPP Account is non-transferable by the User under any circumstances.
2.9. The User accepts full responsibility for all transactions processed by the use of the SPP Account any device available or otherwise. Any instruction given by means of SPP Account shall be irrevocable. The User shall, in all circumstances, accept full responsibility for the use of SPP Account, whether or not processed with the User’s knowledge or his authority, expressed or implied. The User hereby authorises SPP to debit the User’s account(s) with the amount(s) of any withdrawal or transfer or carry out any such instructions that may be received by the use of SPP Account in accordance with SPP’s record of transactions.
2.10. The User’s obligations with respect to the accounts hereunder are payable solely at SPP’s mentioned bank accounts and are subject to the laws (including, without limitation, any governmental acts, orders, decrees and regulations, including fiscal and exchange control regulations). SPP shall not be liable for non-availability of funds credited to the accounts due to restrictions on convertibility or transferability, requisitions, involuntary transfers, acts of war or civil strife or other similar or other causes beyond SPP’s control, in which circumstance the online website swiftpowerpay.com, subsidiary or affiliate of SPP shall be responsible therefore.
3. SPP Account
3.1. SPP Account belongs to SPP and SPP or any authorised officer, servant, employee, associate or agent of SPP may retain SPP Account, require the User to return SPP Account or suspend the use of SPP Account at any time in its absolute discretion and SPP shall not be liable for any loss suffered by the User as a result thereof.
3.2. SPP Account is immediately valid after registration.
3.3. The User must take all reasonable precautions to prevent unauthorised use of SPP Account, including, not allowing anyone else to use SPP Account.
3.4. If SPP Account’s password is hacked by obtaining password, the User shall immediately notify SPP by telephoning the number(s) from time to time notified to the User and the User must, in addition, immediately notify relevant law enforcement agencies. The User must confirm the loss of SPP Account by notice in writing to SPP within seven days of having notified SPP by telephone. However, Spp should be communicated by telephone as soon as possible after the incident has happened.
3.5. The User must co-operate with any officers, employees or agents of SPP and/or law enforcement agencies in any efforts to recover any losses suffered from the malicious use of SPP Account if it is was hacked.
3.6. If SPP Account is receoved after the user’s SPP account had been hacked; SPP retains the right of permanently or temporarily suspending the account and reversing transactions provided sufficient funds are available. SPP will have complete discretion over the future use of the account and may chose to permanently bar the person from using SPP services again.
3.7. Features on SPP Account : SPP may from time to time, at its discretion, tie-up with various agencies/companies to offer features on SPP Accounts. All these features would be on a best efforts basis only, and SPP does not guarantee or warrant the efficacy, efficiency, usefulness of any of the products or services offered by any service providers/ merchants/outlets/agencies. Disputes (if any) will be taken up with the merchant/ agency, etc. directly, without involving SPP.
4. The PIN And PASSWORD
4.1. SPP’s User will choose a Personal Identification Number (PIN) (any 4-digit number) connected to his/her account. If the User would like to change the PIN the User may do so by visiting swiftpowerpay.com, depending on the availability of the proposed number.
4.2. The security of the PIN is very important and the User shall not disclose the User’s PIN to anyone. If the User fail to observe any of the security requirements, the User may, at the User’s sole risk as to the consequences, incur liability for unauthorised use.
4.3. The User should not select a PIN that is easily identified or identifiable with him , e.g. birth date, car registration number, or repeated numbers etc. The User should not indicate the PIN on any item the User carry or store.
4.4. SPP’s User will choose a PASSWORD connected to his/her account. If the User would like to change the password, the User may do so by visiting swiftpowerpay.com, depending on the availability of the proposed password.
4.5. The security of the password is very important and the User shall not disclose the User’s password to anyone. If the User fails to observe any of the security requirements, the User may, at the User’s sole risk as to the consequences, incur liability for unauthorised use.
4.6. The User should not select a password that is easily identified or identifiable with him , e.g. birth date, car registration number, or repeated numbers etc. The User should not indicate the password on any item the User carry or store.
5. Usage Guidelines
5.1 The User accepts full responsibility for wrongful use and use in contravention of these Rules and Regulations and undertakes to indemnify SPP to make good any loss, damage, interest, conversion, any other financial charges that SPP may incur and/or suffer on account thereof.
5.2. The User will be responsible for all facilities granted by SPP and for all related charges and shall act in good faith in relation to all dealings with SPP Account and SPP. SPP reserves the right to change the types of Transactions supported without any notice to the User
5.3. The User is not authorised to enter into Transactions using SPP Account to a value in excess of the credit balance (if any) of the Account from time to time.
5.4. The User shall at all times ensure that SPP Account password and pin is safe and shall under no circumstances whatsoever allow SPP Account to be used by any other individual.
5.5. The total amount of any Transactions carried out in any one day shall be limited to such amounts and by such other conditions as shall be notified in writing to the User by SPP from time to time with effect from the date of such notice.
5.6. SPP Account may not be used as payment for an illegal purchase.
5.7. SPP Account may be used for any Mail Order/Phone Order purchases and any such usage will be considered as authorised as long as valid proof delivery and necessary security precautions have been taken into consideration.
5.8. SPP Account is for Electronic use only and will be acceptable only at websites accepting SPP payments. Any usage of SPP Account other than electronic use will be considered as unauthorised.
5.9. SPP Account will be honoured only when it carries the digital confirmation of the User. SPP Account is operable with the help of the User’s password at swiftpowerpay.com installed.
5.10. Each Transaction is deemed authorised and completed once swiftpowerpay.com shows the confirmation page. The amount of the transaction is debited immediately from the SPP Account. The User should ensure that SPP Account is used only once at the website for every transaction.
5.11. In the event of an account being overdrawn, SPP reserves the right to set off overdrawn amounts against any credit lying in any of the User’s other accounts held jointly or singly, without giving any notice. Nothing in these terms and conditions shall affect SPP’s right to set-off, transfer and apply monies at law or pursuant to any other agreement from time to time subsisting between SPP and the User.
5.12. SPP shall not in any way be responsible for merchandise, merchandise warranty or services purchased, or availed of by the User from Merchant Establishments, including on account of delay in delivery, non-delivery, non receipt of goods or receipt of defective goods by the User. SPP Account is purely a facility to the User to purchase goods and/or avail of services, SPP holds out no warranty or makes no representation about quality, delivery or otherwise of the merchandise. Any dispute or claim regarding the merchandise must be resolved by the User with the Merchant Establishment. The existence of the claim or dispute shall not relieve the User of his/her obligation to pay all the Charges due to SPP and the User agrees to pay promptly such charges. The User shall be responsible for regularly reviewing these Terms and Conditions including amendments thereto as may be advised from time to time and shall be deemed to have accepted any amended Terms by continuing to use SPP Account.
6.1. In addition to the amount of all Transactions, certain charges will be debited to the Account as provided for herein.
6.2. SPP may charge an annual fee to each User in accordance with SPP’s schedule of fees from time to time in force. The annual fees for SPP Account will be debited from the SPP Account at SPP’s prevailing rate. The fees are not refundable.
6.3. There will be separate service charges levied for such facilities as may be announced by SPP from time to time and deducted from the User’s Account.
6.4. In the case of transactions entered into by the User through SPP Account, the equivalent in the currency in which the User’s Account is held, along with processing charges,
6.5. SPP accepts no responsibility for any surcharge levied by any Merchant Establishment and debited to the SPP Account with the Transaction amount. Any charge or other payment requisition received from a Merchant Establishment by SPP for payment shall be conclusive proof that the charge recorded on such requisition was properly incurred at the Merchant Establishment for the amount and by the User using SPP Account referred to in that charge or other requisition, except where SPP Account has been hacked, the burden of proof for which shall be on the User.
6.6. Any government charges, duty or debits, or tax payable as a result of the use of SPP Account shall be the User’s responsibility and if imposed upon SPP (either directly or indirectly), SPP shall debit such charges, duty or tax against the Account. In addition, operators of Shared Networks may impose an additional charge for each use of device, and any such charge along with other applicable fees/charges will be deducted from the User’s Account.
6.7. Where the Account does not have sufficient funds to deduct such fees, SPP reserves the right to deny any further Transactions. In case of Accounts classified as overdrawn Accounts, the User will have to rectify the Account balance position immediately. In every such situation where the Account becomes overdrawn, a flat charge could be levied in addition to the interest to be charged on the debit balance in the Account. This charge will be determined by SPP and will be announced from time to time. In the event of an Account being overdrawn due to Transactions, SPP reserves the right to setoff this amount against balance lying from the User’s Account held jointly or singly without giving any notice.
6.8. SPP reserves the right to deduct from the User’s Account a reasonable service charge and any expenses it incurs, including without limitation reasonable legal fees, due to legal action involving the User’s Account.
6.9. Nothing in the Terms shall affect SPP’s right of setoff, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between SPP and User. The User also authorizes SPP to deduct from his Account, and indemnifies SPP against any expenses it may incur in collecting money owed to it by the User in connection with SPP Account. (including without limitation reasonable legal fees).
6.10. SPP may, at its discretion levy penal charges for non- maintenance of the minimum balance. In addition to the minimum balance stipulation SPP may levy service and other charges for use of SPP Account, which will be notified to the User from time to time.
7. Unauthorised transactions
7.1 The User will be solely liable for all unauthorised acts and transactions.
8. Disclosure of Information
8.1. SPP reserves the right, and the User hereby agree to SPP having the right, to disclose to and share with and receive from other institutions, credit referencing bureaus, agencies, statutory, executive,judicial and regulatory authorities, whether on request or under an order therefrom, and on such terms and conditions as may be deemed fit by SPP or otherwise, such information concerning the User’s account as may be necessary or appropriate including in connection with its participation in any Electronic Funds Transfer Network.
8.2. The use of the account at swiftpowerpay.com or any website connected to SPP shall constitute the User’s express consent:
8.2.a To the collection, storage, communication and processing of personally identifying and account balance information by any means necessary for us to maintain appropriate transaction and account records.
8.2.b To the release and transmission to participants and processors in the SPP networks of details of the User’s account and transaction information and other data necessary to enable the User’s Account to be used at any website accepting SPP.
8.2.c To the retention of such information and data by the said participants and processors in the SPP networks.
8.2.d To the compliance by the said participants and processors in the SPP network/other networks with laws and regulations governing disclosure of information to which such participants and processors are subject and
8.2.e To disclosure of information to third parties about the User’s account or the transactions done through the use of the User’s online system where it so necessary for completing transactions and/or when necessary to comply with law or government agency or court orders or legal proceedings and/or when necessary to resolve errors or questions the User may raise and/or in order to satisfy our internal data processing requirements.
8.2.f The User hereby expressly authorises SPP to disclose at any time and for any purpose, any information whatsoever relating to the User’s personal particulars, accounts, transactions, or dealings with SPP, to the head office or any other branches, subsidiaries, or associated or affiliated corporations or entities of SPP wherever located, any government or regulatory agencies or authorities in Pakistan or elsewhere, any agents or contractors which have entered into an agreement to perform any service(s) for SPP’s benefit, and any other person(s) whatsoever where the disclosure is required by law or otherwise to whom SPP deems fit to make such disclosure.
8.2.g The User agrees to provide SPP information SPP would require from the User under law or regulation, or any other appropriate information we reasonably request from time to time.
8.2.h SPP may disclose information about the User and the Account if SPP thinks it will help avoid or recover any loss to the User or SPP resulting from the loss, theft, misuse or unauthorised use of SPP Account.
9. Exclusion from Liability In consideration of SPP providing the User with the facility of SPP Account, the User hereby agrees to indemnify and keep SPP indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever which SPP may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of providing the User the said facility of SPP Account or by reason of SPP’s acting in good faith and taking or refusing to take or omitting to take action on the User’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the User; breach or noncompliance of the rules/ Terms and Conditions relating to SPP Account and the Account and/or fraud or dishonesty relating to any Transaction by the User or his employee or agents. The User shall indemnify and hold harmless SPP from any and all consequences arising from the User not complying with the Exchange Control Regulations, breach of the Exchange Control Act or any other statutory instrument, The User agrees to indemnify SPP for any machine/ mechanical error/failure. The User shall also indemnify SPP fully against any loss on account of misplacement by the courier or loss-in-transit of SPP Account/PIN. Without prejudice to the foregoing, SPP shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
i. Any defect in quality of goods or services supplied.
ii. The refusal of any person to honor to accept SPP account.
iii. The malfunction of any computer terminal.
iv. Effecting Transaction instructions other than by a User.
v. The exercise by SPP of its right to cancel, terminate, delete or suspend an SPP Account.
vi. Any injury to the character and reputation of the User alleged to have been caused by the re-possession of SPP Account and/or, any request for its return or the refusal of any Merchant Establishment to honor or accept SPP Account.
vii. Any misstatement, misrepresentation, error or omission in any details disclosed by SPP except as otherwise required by law, if SPP receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which SPP in good faith believes/ calls into question the User’s ability, or the ability of someone purporting to be authorised by the User, to transact on SPP Account, SPP may, at its option and without liability to the User or such other person, decline to allow the User to obtain any portion of his funds, or may pay such funds over to an appropriate authority and take any other steps required by applicable law.
ix. Any statement made by any person requesting the return of SPP Account or any act performed by any person in conjunction ;
x. In the event a demand or claim for settlement of outstanding dues from the User is made, either by SPP or any person acting on behalf of SPP, the User agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the User, in any manner.
10.1. In case the User has any dispute in respect of any charge indicated in the Account Statement, the User shall advise details to SPP within 15 days of the Statement date failing which it will be construed that all charges are acceptable and in order.
10.2. SPP accepts no responsibility for refusal by any website to accept and/or honour SPP Account. In case of dispute pertaining to a Transaction with a website, charge and proof of transaction as displayed on swiftpowerpay.com shall be conclusive evidence as between SPP and the User as to the extent of liability incurred by the User. However SPP may inspect whether the User has duly received the goods purchased/to be purchased or has duly received the service availed/to be availed to the User’s satisfaction.
10.3. Any dispute in respect of a Transaction will be resolved by SPP. SPP will have absolute discretion over matters and any decision made by SPP will be binding on all parties using SPP accounts. However, the User should notify SPP of the complaint immediately.
10.4. If a website, retailer or supplier makes a refund by means of a Transaction SPP will credit the Account when it receives the retailer or supplier’s proper instructions and the funds in respect of such refund, provided that SPP will not be responsible for any loss resulting from any delay in receiving such instructions and funds.
11.1. The User may discontinue/ terminate SPP Account anytime by a written notice to SPP. The User shall be liable for all charges incurred, up to the receipt of the written notice duly acknowledged by SPP.
11.2. SPP may at any time, with or without notice, as to the circumstances in SPP’s absolute discretion require, terminate SPP Account.
11.3. The agreement comprised in these terms and conditions, shall be deemed to remain in full force and effect if and in so far as any Transaction is completed but not debited to the Account prior to termination thereof.
11.4. Termination of the agreement comprised in these terms and conditions shall not prejudice any liability in respect of things done or omitted to be done prior to termination thereof.
12.1. SPP will register an Account only if the User has completed an application form and it has been accepted by SPP.
12.2. If SPP is asked to authorise a Transaction, SPP may take into consideration any other Transactions which have been authorised but which have not been debited to the Account (and any other transactional activities upon the Account) the limits and if SPP determines that there are or will be insufficient available funds in the Account to pay the amount that would be due in respect of such Transaction, SPP may in its own absolute discretion refuse to authorise such Transaction, in which event such Transaction will not be debited to the Account. SPP shall not be liable for any loss resulting from any such refusal to authorise any Transaction.
12.3. In the event that there are insufficient available funds in the Account to pay any Transaction or other amount payable from the Account, including any interest, fees, charges or other payments due to SPP, SPP may in its own absolute discretion (and without any obligation to do so) transfer or arrange the transfer of sufficient funds from any other account held by the User with SPP to the Account.
12.4. The User shall notify SPP if the User’s address is changed, as soon as possible.
12.5. A Transaction cannot be cancelled by the User after it has been completed.
12.6. If SPP Account is to be issued to a corporate entity SPP reserves the right to vary and/or add to these terms and conditions as it may in its discretion consider appropriate.
12.7. SPP shall have the absolute discretion to amend or supplement any of the Terms, features and benefits offered on SPP Account including, without limitation to, changes which affect interest charges or rates and methods of calculation at any time . The User shall be liable for all charges incurred and all other obligations under these revised Terms until the all amounts under SPP Account are repaid in full. SPP may communicate the amended Terms in any manner as decided by SPP.
12.8. These terms and conditions and SPP’s practices and charges relating thereto may be changed by SPP at any time by notice thereof to the User. Any such changes will be effective from the date of the notice or such later date as may be specified therein.
13. Governing Law and Jurisdiction These Terms Conditions shall be governed by and construed in accordance with the law of Pakistan and the User irrevocably agrees to submit to the exclusive jurisdiction of the courts of Pakistan in connection herewith.