Terms of Use

1. Acceptance of Terms

By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy and our Website Disclaimer, each of which is incorporated by reference. If you use the Website on behalf of a juristic person, you warrant that you are duly authorised to bind that entity, and references to “you” include that entity.

Swytch reserves the right to amend these Terms at any time by publishing an updated version on the Website. The amended Terms take effect upon publication, and your continued use of the Website constitutes acceptance of them.

2. About Swytch

Swytch (Pty) Ltd is a private company incorporated in the Republic of South Africa, with its address at Melrose North, Johannesburg 2196. Swytch provides access to prepaid and digital value products, related technology solutions and strategic advisory services to business customers.

The Website is provided as a business-to-business information resource. It is not a transactional platform, and no products or services may be purchased directly through it.

3. Nature of Information; No Offer

All content on the Website is provided for general information purposes only. Nothing on the Website constitutes an offer capable of acceptance, a solicitation, a recommendation, or legal, financial, tax, regulatory or investment advice, and no reliance should be placed on it.

Product availability, catalogue composition, denominations, commercial terms, pricing and territorial coverage are indicative only and remain subject to supplier confirmation, applicable regulation, due diligence and the conclusion of a written agreement between the parties.

4. Permitted and Prohibited Use

You may access and use the Website only for lawful purposes and in accordance with these Terms. You may view and print individual pages for your own internal business reference.

You may not, and may not permit any third party to: reproduce, republish, distribute, licence, sell, frame, mirror or commercially exploit any part of the Website; systematically extract data by means of scraping, crawling, harvesting or automated tools; introduce any virus, trojan, worm, logic bomb or other malicious code; attempt to gain unauthorised access to the Website, its servers or any connected system; interfere with or impair the integrity, availability or performance of the Website; or use the Website in any manner that is unlawful, defamatory, fraudulent or infringing of the rights of others.

Any unauthorised access to or interference with the Website may constitute an offence in terms of the Cybercrimes Act 19 of 2020 and the Electronic Communications and Transactions Act 25 of 2002, and Swytch reserves the right to report such conduct to the relevant authorities and to pursue civil remedies.

5. Intellectual Property

All intellectual property in and to the Website, including its design, layout, source code, text, graphics, images, the Swytch name, logo, bow-tie device and all associated trade marks, is owned by or licensed to Swytch and is protected by South African and international intellectual property laws. No right, title or interest in such intellectual property is transferred to you.

Third-party brand names and logos displayed on the Website remain the property of their respective owners and are used for identification and illustrative purposes only. Their display does not imply endorsement, sponsorship, partnership or affiliation unless expressly stated in writing by Swytch.

6. Third-Party Links

The Website may contain links to third-party websites or resources. Such links are provided for convenience only. Swytch does not control, endorse, monitor or accept responsibility for the content, accuracy, availability, security or privacy practices of any third-party website, and you access such websites entirely at your own risk.

7. Availability and Changes

Swytch does not warrant that the Website will be available uninterrupted, timeous, secure or free of error, or that the Website or the server that makes it available are free of viruses or other harmful components. Swytch may suspend, withdraw, discontinue or amend all or any part of the Website without notice and without liability.

8. Disclaimer of Warranties

To the fullest extent permitted by law, the Website and all content on it are provided “as is” and “as available”, without warranties, representations or conditions of any kind, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness or non-infringement.

Nothing in these Terms limits or excludes any right you may have under the Consumer Protection Act 68 of 2008 to the extent that Act applies to you and cannot lawfully be excluded.

9. Limitation of Liability

To the fullest extent permitted by law, neither Swytch nor its directors, employees, agents, affiliates or suppliers shall be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary loss or damage, including loss of profit, revenue, business, goodwill, anticipated savings or data, arising out of or in connection with your access to, use of, or inability to use the Website, or reliance on any content appearing on it, whether such liability arises in contract, delict (including negligence), statute or otherwise, and whether or not Swytch was advised of the possibility of such loss.

Where liability cannot lawfully be excluded, the aggregate liability of Swytch arising out of or in connection with the Website is limited to ZAR 1,000 (one thousand Rand).

10. Indemnity

You indemnify and hold Swytch, its directors, employees and affiliates harmless against all claims, demands, proceedings, losses, damages, fines, costs and expenses (including reasonable attorney-and-own-client fees) arising out of or in connection with your breach of these Terms, your unlawful use of the Website, or your infringement of the rights of any third party.

11. Privacy and Electronic Communications

Your personal information is processed in accordance with our Privacy Policy. You consent to receiving communications from Swytch in electronic form in response to enquiries you submit, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

12. Severability, Waiver and Whole Agreement

If any provision of these Terms is found by a competent court to be invalid, unlawful or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. No indulgence, leniency or extension of time granted by Swytch shall constitute a waiver of any of its rights. These Terms, together with the policies incorporated by reference, constitute the whole agreement between you and Swytch in relation to your use of the Website.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg, in respect of any such dispute.