Please read these Terms & Conditions carefully before using the Website. By using our website and services, you acknowledge and agree to abide by these terms.
1. Introduction
1.1. Swift Payments (a trading name of Access Pay Limited, registered in England and Wales under company number 15818870, with our registered office at 10 Bridge Street, Warrington, England, WA1 2QW), including any of our wholly-owned subsidiaries as the context may require (“Swift Payments”, “we”, “our” or “us”) provides users and applicants (“Customer”, “you”, or “your”) with access to an online platform (the “Platform”) available at www.swiftpayments.uk (the “Website”).
1.2. These Terms of Use and Terms & Conditions (the “Terms”) set out the terms and conditions on which you may make use of the Website. Using the Website includes accessing, browsing, registering, or applying for our products and services.
1.3. By accessing or using the Website and the Platform through any means, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.
1.4. The purpose of the Platform is to intermediate financing agreements (the “Financing Contracts”) with business customers. If you are getting financing through the Platform, these Terms should be read together with the terms and conditions contained in your individual Financing Contract. If there is any conflict between these Terms and any Financing Contract, the Financing Contract (if applicable) will prevail.
1.5. These Terms apply to Customers residing in the UK. We do not represent that content available on or through the Website is appropriate for use or available in other locations.
2. Other Applicable Terms
2.1. Our Privacy Policy, which contains details of how we use the personal data you provide to us or that we collect from you.
2.2. Our Cookie Policy, which sets out information about the cookies on the Website.
2.3. Any applicable Financing Contract we enter into with you.
3. Changes to the Terms and Website
3.1. We may make changes to these Terms from time to time. If we do this, we will post the updated Terms on this page and indicate at the top of this page the date the Terms were last revised. Your continued use of the Website after any changes or revisions to the Terms constitutes your acceptance of the changed Terms.
3.2. Please check this page every time you use the Website and/or Platform to review these Terms, as they will apply to you.
3.3. We may update and change the Website, including any content on them, from time to time.
4. Access to and Use of the Website and Platform
4.1. Access to this site and the Platform is allowed on a temporary basis, and we reserve the right to remove or change this service without notice. We do not guarantee that the Website, or any content on them, will always be available or uninterrupted. We are not liable if, for any reason, the site is unavailable at any point.
4.2. You are responsible for making all arrangements necessary for you to access the Website and Platform. You are also responsible for ensuring that any other person who accesses or uses the Website through your internet connection is aware of these Terms and any other applicable terms and that they comply with them.
4.3. You will not access or use the Website or the Platform except for their intended purpose, and you will not, nor attempt to:
Use the Website in a manner that is prohibited by these Terms, is unlawful under any applicable law, and/or will disrupt their operation;
Use the Website to commit any act of fraud;
Gain unauthorized access to, make unauthorized alterations to, or introduce any kind of material that is malicious or technologically harmful to the Website, the Platform, or Swift Payments by any means;
Make copies, modify, reproduce, transmit, alter, or distribute all or any part of the Website or any material or information contained in them, other than as permitted by law;
Disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website or Platform;
Probe, scan, or test the vulnerability of any system or network on the Website.
5. General Terms for Swift Payments Accounts
5.1. When you register or apply for financing on the Platform or Website (or in the case of an application made by a third party, when you first access your account), you will need to create or will be given Swift Payments account details and a password. You are obliged to keep the password and Swift Payments account details strictly confidential and must not disclose them to any third party.
5.2. You should change the password on a regular basis. Passwords should contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case-sensitive, and we recommend passwords that combine numbers, symbols, and letters in different cases. This will help to prevent the risk of unauthorized use of your account.
5.3. We have the right to disable any Swift Payments account or password at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.
5.4. The Customer agrees that Swift Payments is entitled to assume all correspondence, orders, transfers, and instructions made by reference to your password and account are made by you. You must promptly notify us at info@swiftpayments.uk if you know or suspect that any of your account information or password is being misused.
5.5. By making an application for financing, you agree and confirm that:
All the information you have provided is accurate and correct, and you are authorized to submit details on behalf of the company or business entity whose details you have provided;
You can, on behalf of the said company or business entity, enter into a legally binding agreement with us;
You will only use the Platform or Website for obtaining financing as envisaged by these Terms and the applicable Financing Contract;
You have provided a current address, telephone number, and e-mail address of the company or business entity you represent and will notify us immediately if your contact details change;
You are a director, officer, or are otherwise authorized to act on behalf of the company or business entity;
You authorize us, at any time, to use any means that we consider necessary to verify your identity with any third-party providers of information as well as conducting credit reference agency searches on the said company, business entity, and its officers in accordance with our Privacy Policy;
You authorize Swift Payments to perform a credit reference agency search on the named company or business entity and applicant, their financial associates, and businesses. For the avoidance of doubt, the authorization to Swift Payments includes authorization to conduct credit reference agency searches on all directors, officers, or persons authorized to act on behalf of the named company or business entity as well as any guarantors in accordance with our Privacy Policy;
You agree to Swift Payments engaging with your payment gateway and other third parties to progress with the funding;
You authorize Swift Payments to set up a payment account for the named company or business entity to be able to facilitate the repayment of the potential financing granted to the named company or business entity;
If an application for financing has been made by a third party on your behalf (for example, by an external bookkeeper or a credit broker), you will be asked to confirm that the information entered by the third party is true and accurate before you enter into the Financing Contract. By doing so, you confirm the statements in this section are correct.
6. Data Accuracy and Errors
6.1. The content on the Website or Platform is provided for general information only and is not intended to amount to advice on which you should rely.
6.2. Swift Payments is under no obligation to update any of the content on the Website that may be out of date at any given time. Although we make reasonable efforts to update the information on the Website and the Platform, we do not guarantee that the Website and/or the Platform or any content on them will be free from errors or omissions.
7. Intellectual Property
7.1. Swift Payments is the owner or the licensee of all intellectual property rights in and to the Website and in the material published on them. These works are protected by copyright laws and treaties all around the world. All such rights are reserved.
7.2. Your registration and use of our Platform do not transfer any rights to the content and related intellectual property rights contained in our website.
7.3. Except as otherwise permitted by law, you agree not to monitor, use, or copy our web pages or any content on the Website or Platform, including, without limitation, any price data, without our prior consent. Any unauthorized use or reproduction may be prosecuted.
7.4. Any data licensed to Swift Payments from third parties is provided for use on the Website only and may not be used for any commercial purposes without the consent of such third parties.
8. Limitation of Liability
8.1. Nothing in these Terms excludes or limits liability for death or personal injury arising from our gross negligence or our fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
8.2. To the extent permitted by law, Swift Payments excludes all conditions, warranties, representations, or other terms that may apply to the Website, or any content on them, whether express or implied.
8.3. Swift Payments will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use of or inability to use the Website;
Use of or reliance on any content displayed on the Website.
8.4. If you are a business user, please note that we will not be liable for:
Loss of profits, sales, business, or revenue;
Business interruption;
Loss of anticipated savings;
Loss of business opportunity, goodwill, or reputation;
Any indirect or consequential loss or damage.
8.5. If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. Linking to the Website
9.1. You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
9.2. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
9.3. You must not establish a link to the Website on any website that is not owned by you.
9.4. Swift Payments reserves the right to withdraw linking permission without notice.