Terms & Conditions

Modified on: 7th january 2025

These terms and conditions (“Terms of Use” or “Terms of Service” or “Terms”) are a computer-generated electronic record published under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with Information Technology Act, 2000 (as amended from time to time) and does not require any physical or digital signatures. These Terms are legally binding and govern your use of “SwiftPay” and / or the “Platform” created, owned and operated by SSA Cloud India Private Limited, a private limited company incorporated under the laws of India, having its registered office at 113B, BajrangBali Tower, Central Spine, Vidhyadhar Nagar, Jaipur – 302039 (“SwiftPay” or “Company”). Please read these Terms carefully before using the Platform and/or availing any of the Services (defined below) provided by SwiftPay through its Platform. By accessing or using the Platform or Services, you agree to be bound by these Terms and SwiftPay’s Privacy Policy. If you do not agree to be bound by these Terms and the Privacy Policy, you shall not use the Platform and Services in any manner whatsoever.These Terms are in addition to and not in derogation of any other terms stipulated by SwiftPay from time to time. In case of any conflict between these Terms and such other terms, these Terms shall prevail. Throughout these Terms, “ we ” and “ our ” shall refer to SwiftPay and “ you ” and “ your ” shall refer to you, i.e., the User (defined below) of the Platform. Both SwiftPay and the User are collectively referred to as “ Parties ” and individually referred to as “ Party ” hereof.

Notwithstanding anything contained elsewhere, SwiftPay reserves the right to modify, alter, amend, revise these Terms, update the Platform and Services at any time, without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and Services. Your continued access or use of the Platform or Services after such modifications/ review shall constitute your acceptance of the modifications/ reviews.
These Terms are a binding agreement between you and SwiftPay. These Terms are in addition to and not in derogation of any other terms stipulated by SwiftPay from time to time. In case of any conflict between these Terms and such other terms, these Terms will prevail. Throughout this document, we use the terms “we” and “our” to refer to SwiftPay and the terms “you” and “your” to refer to you, the User of the Platform. Both SwiftPay and the User are collectively referred to as “Parties” and singularly referred to as “Party”.

ACCEPTANCE

By accessing, signing-up and/or accepting or using the Platform or the Services in any manner whatsoever, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By accessing or using the Platform or Services, you represent that you have provided us with valid credentials which may be used to verify your identity. We reserve the right to restrict, suspend, or terminate your access to the Platform or Services, at any time without prior notice, if we believe that you are in breach of these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform. SwiftPay reserves the right to make your details available to its affiliates and partner institutions and you may be contacted by them for information and sales enquiries through e-mail, telephone and/or SMS. You agree to receive promotional materials and/or special offers from SwiftPay its affiliates and partner institutions. These promotional materials and/or special offers will be consent based and you will have the option to unsubscribe.

ELIGIBILITY

You shall register or become a User of the Platform or Services only if you are 18 years or above, and can enter into legally binding contracts as per Applicable Law. To access/use the Platform or Services, you need a valid e-mail address and Indian mobile phone number. Users who have been previously suspended or removed from availing any of the Services shall not be eligible to access/use the Platform or Services at any time. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity and you may not have more than one active Account (defined below).

DEFINITIONS

For the purpose of these General Terms and Conditions, the following words and phrases shall have the meaning assigned to them under this Article.
“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.
“Account” shall have the same meaning as ascribed to it under Clause 1.2 of these Terms; “Affiliate” shall mean and include any individual, entity, firm, body corporate, which directly or indirectly, controls, is controlled by, or is under common control with SwiftPay; “Applicable Law” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to: “Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to:

  1. any alleged forgery of the User’s account, card or other details pertaining to the transaction;
  2. any charge/debit made on account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
  3. duplicate processing of the transaction;
  4. any amount required to be refunded due to, denial of a transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider’s User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be.

“Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of SwiftPay or of any of its affiliates that is related to any of the arrangements contemplated in these Terms of Use or any other document in which these Terms of Use are incorporated by reference or otherwise disclosed by SwiftPay to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/ service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.

“Effective Date” or “Registration Date” shall mean the date of registration of account of the User on SwiftPay’s platform.

“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms of Use and Applicable Agreement, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by the Company, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by the Company during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by the Company to the User during the course of Applicable Agreement; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.
“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.

“Services” shall mean the services provided by SwiftPay and various Service Providers to the Users utilizing the SwiftPay Platform including but not limited to banking services, non-banking services and other such services either by itself or through a Merchant.

“Service Provider” shall mean any banking and/or non-banking entity with which SwiftPay has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its customers.

“Users” shall mean individuals including all body corporates, partnerships, limited liability partnerships, etc., who are availing SwiftPay services through the SwiftPay platform.

    GENERAL TERMS AND CONDITIONS

    These General Terms and Conditions govern the User’s access to the Services provided by SwiftPay:

    i. INFORMATION SUPPLIED TO SwiftPay

    Users agree that the information provided by the Users to SwiftPay on registration and at all other times, including payment, is true, accurate, current, and complete.

    ii. SECURITY OF ACCOUNT

    Users’ mobile number, Permanent Account Number (“PAN”) and e-mail shall be used to identify their Account with SwiftPay through which Services shall be dispensed (“Account”). The User is recommended to choose a strong password and Personal Identification Number (“PIN”) to protect their Account. The User shall not share their password and PIN with anyone. Neither SwiftPay nor its Service Providers, under any circumstances, will ever ask for a User’s Account password, PIN or OTP or any other Confidential Information. If a User has any reason to believe that his/her Account is no longer secure, the User shall immediately change the Account password and PIN. In case the User is unable to secure his/her Account or has sufficient reason to believe that his/her Account might be compromised, the User shall inform SwiftPay promptly.

    iii. PRIVACY POLICY

    All information collected from a User pursuant to provision of SwiftPay’s services, and information collected by Merchants during the performance of these Terms of Use or Applicable Agreement, is subject to SwiftPay’s Privacy Policy.

    iv. RECLAIMING INACTIVE ACCOUNTS

    SwiftPay reserves the right to reclaim an Account without any prior notice to the concerned User if the Account is found to be inactive. For the purpose of this clause, an Account is considered as inactive if the concerned User has not signed in and/or has not done any transaction(s) for more than six (6) consecutive months.

    v. THIRD PARTY SITES, PRODUCTS AND SERVICES

    SwiftPay’s Services and/or Platform may include links or references to third-party websites or services solely for User’s convenience (“ Reference Sites ”). SwiftPay has no control over the Reference Sites and does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Correspondence or business dealings between Users and the concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk. You acknowledge and agree that SwiftPay shall not be liable, directly, or indirectly, for any loss or damage caused or alleged to be caused by your use of or reliance on any materials, products, and services on or available through Reference Sites. It is also clarified that SwiftPay shall have no liability with respect to any acts, omissions, errors, representations, warranties, breaches, or negligence of the Reference Sites or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Reference Sites.

    vi. COMMUNICATION POLICY The User hereby accepts that:

    SwiftPay may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account.



    A User may continue to receive transactional and critical communication from SwiftPay even after opting out of marketing communications.
    1. SwiftPay may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from SwiftPay even after opting out of marketing communications.
    2. SwiftPay will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the SwiftPay Platform or availing any Services. SwiftPay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever.

    vii. LIMITATION OF LIABILITY

    1. In no event will SwiftPay or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to.
      • this Terms of Use or any other agreement entered by a User with SwiftPay,
      • SwiftPay’s services, the Site or any Reference site, or
      • User’s use or inability to use SwiftPay’s services, the Site or any Reference Sites, even if SwiftPay or a SwiftPay authorized representative has advised of the possibility of such damages,
      • unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received,
      • any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights,
      • the use of counterfeit or stolen cards, or stolen devices, or
      • fraudulent electronic transactions.
        • It shall be at the sole discretion of SwiftPay to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that SwiftPay or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the SwiftPay’s services or the Site giving rise to the cause of action.
        • Users acknowledge and agree that SwiftPay has offered its products and services, set its prices, and entered into these Terms of Use and Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein.
        • Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and SwiftPay, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and SwiftPay. SwiftPay would not be able to provide the services to Users on an economically reasonable basis without these limitations.
        • Users understand that SwiftPay or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent transactions, selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the regulator, Issuing, Acquiring Institution and/or Card Network rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.
        • User further acknowledge that as a security measure SwiftPay and/or the Service Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards / accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
        • As a risk management tool, SwiftPay and/or the Service Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. SwiftPay will consider a variety of factors in making a decision and such determination will be at our sole discretion.

    viii. FRAUDULENT TRANSACTIONS

    1. If SwiftPay is intimated, by the bank, that a customer has reported an unauthorized debit/chargeback of the customer’s Payment Instrument (“Fraudulent Transaction”), the User shall be notified by SwiftPay. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank).
    2. The User agrees and acknowledges that
      • if the User is unable to furnish Chargeback Documents
      • the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the SwiftPay to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the customer’s Payment Instrument.
    3. SwiftPay shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User.
    4. Pursuant to clause 1.8 (ii) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the notifications, circulars and guidelines issued by the regulators or Service Providers in this regard from time to time.
    5. The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law.
    6. The User further agrees and acknowledges that following SwiftPay incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then SwiftPay is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.
    7. The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User.
    8. The User hereby acknowledges and agrees that SwiftPay is a facilitator for payment processing services which are requested by Users and SwiftPay shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. SwiftPay will assist the Users in settling any queries related to the Services that arise between the Users, and its customers. However, SwiftPay shall bear no responsibility with respect to the dispute or query related to payment made by the customers to the Users.

    USER'S REPRESENTATIONS AND WARRANTIES

    INDEMNIFICATION

    DISCLAIMER

    SwiftPay and its directors, employees, and agents disclaim all warranties, express or implied. SwiftPay does not guarantee uninterrupted services and shall not be liable for any inaccuracies or failures beyond its reasonable control.

    INTELLECTUAL PROPERTY

    All content, trademarks, software, and materials used on the platform are the property of SwiftPay or third-party licensors. Users shall not reproduce, distribute, or exploit any part of the Intellectual Property without permission.

    MODIFICATION

    SwiftPay reserves the right to modify these Terms at any time by notifying Users. Continued use of services implies acceptance of modifications.

    CONFIDENTIALITY

    Users must maintain the confidentiality of any non-public information received through the platform and ensure it is not disclosed improperly.

    TERMINATION

    GOVERNING LAW AND DISPUTE RESOLUTION

    These Terms are governed by Indian law. Any disputes will be resolved through arbitration.

    MISCELLANEOUS