These terms and conditions (“Terms of Service”), which include our Privacy Policy, govern the use of the broking service (“Service”) provided by Swoop Finance Limited (“we”, “us”, “our”) to any business registered with us (“you”, “your”).
Swoop Finance (Pty) Ltd is registered in South Africa (company number 2023/820661/07) and has its Registered Office at 21 Dreyer Street, Cape Town, South Africa, 7708. The Company is a subsidiary of BizFly Limited, registered in Ireland (company number 601838).
Swoop Finance (Pty) Ltd is not a funder, our primary purpose is to link micro, small and medium businesses with relevant finance providers and finance products that match their funding needs. As a matching service, we are not required to be a registered finance provider as we do not provide loans.
Our Service is intended for your own business-related purposes only.
We cannot guarantee that our Service will be successful for you, neither are we obliged to provide our Service to you.
Our Service is based on information from third parties. We have no control over this information and it may contain inaccuracies or errors.
Where you have not made us aware of your specific needs, it is your responsibility to ensure that any options presented to you through the Service meet your requirements.
Content and information that we provide as part of the Service may not be timely or correct, and will change without notice, meaning that it is for your general information and use only.
To support free usage of our Service, we must expressly exclude liability for any inaccuracies, service failures or errors to the fullest extent permitted by law. Accordingly, we cannot provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information offered through the Service.
To the extent permitted by applicable law, each party shall only be liable to the other party for any loss or damage which results as a directly foreseeable consequence of its breach of this Agreement or negligence (except in the case of fraud or wilful misconduct).
Nothing in these terms shall seek to exclude or limit liability for death or personal injury or any other liability that cannot be lawfully excluded or limited.
While the Service is free of charge to you unless otherwise stated, we may receive commission from Finance Providers for introductions we make to them. We have a Conflicts Policy to detect and manage any potential conflicts that might arise.
The Service is not intended as advice or to be relied upon by you in any way, including as the basis for making or not making any decision, and you should obtain your own independent financial, accounting, tax and/or legal advice concerning your activities in connection with the Service and any finance application and/or agreement.
You use and download information from the Service at your own risk and should use software to detect and disinfect viruses in any information you use and download.
The availability of third party sites, links, services or information via the Service does not constitute any recommendation, advice, endorsement or publication by us and we are not responsible for any such sites, links, services or information provided by any third party.
We reserve the right to change any aspect of the Service at any time without notice or to suspend access to the Service, or to end it.
By using the Service, you agree to notify us promptly of any changes in the details you have provided to us. You shall ensure that all information you provide to us is complete, true, up-to-date and accurate in all respects. You are solely responsible at your own cost and expense for creating backup copies and replacing any information you provide via the Service.
You agree that we (and our Providers) may carry out identity verification and credit checks on you and your owners or directors. You and your owners or directors acknowledge that credit reference agencies link together the records of you and anyone that you have advised us is a financial associate (e.g. someone with whom you have a joint credit account) including previous and subsequent names of parties to the account. Links between financial associates will remain on yours and their credit reference files until such time as you or your associate successfully files for a disassociation with the credit reference agencies. We (and any Finance Provider) may take into account information about yours and your owners’ or directors’ financial associates in yours or their credit reference.
You agree to keep your username and password secure and when they are used to log in we will assume that you are the person giving instructions and you will be liable for them unless and until you notify us that this is no longer the case. You are responsible for any activity through the Service arising out of any failure to keep your password secure. We may refuse or disable your access at our sole discretion without notice or explanation, where it is lawful to do so.
If at any time you wish to cease using the Service, you may contact us to request deactivation of your account. Within a reasonable time of this notification, we will remove any third-party data access you may have given us. We will maintain historical data as described below.
If you have agreed to pay us for any aspect of the Service, you recognise that we may withdraw your rights to use the Service as a result of non-payment.
You agree not to use the Service in a way that harms our reputation, and you agree to comply with all applicable laws and regulations, including the Protection of Personal Information Act (POPIA).
You agree to indemnify and hold us, our staff, officers, group companies and partners harmless from loss, damage or claim, made by third parties and/or incurred as a result of your breach of these terms.
We will make reasonable efforts to provide support for the Service during office hours by email on support@swoopfunding.co.za, or by web chat.
You recognise that unless otherwise stated in writing we do not grant you any intellectual property rights in relation to the Service. These include copyright, database rights, our trademarks, domain names, design rights and patents.
In addition, the Service contains material which is owned by us or our licensors, including but not limited to source code, algorithms, databases, copy and graphics, and you recognise that unless otherwise stated in writing, we do not grant you any rights to these. You may link only to the home page of the Service. You must not display, frame or otherwise surround the contents or any page from the Service, or allow such content or page to be displayed framed or otherwise surrounded, with material not originating from us without our prior written consent.
You will not acquire any proprietary rights (including database rights) to any information provided via the Service.
You will not:
a. use the Service to:
i. collect any information of other users from the Service for the purpose of sending unsolicited communications outside the Service
ii. create a database of information obtained from this Service otherwise than for your own records
iii. transfer any information form the Service to any third party except where expressly permitted by us
b. use automated scripts to collect information from or otherwise interact with the Service
c. use the Service in any unlawful manner or in any manner that could harm either the Service or the servers on which it is hosted
d. register any person or entity on, or otherwise use, the Service without that person or entity’s prior written authorisation
e. impersonate any person or entity, create a false identity in relation to the Service or falsely state or otherwise mislead or deceive us, or
f. remove any copyright or trade mark notice(s) from any material on or obtained via the Service.
We take data protection very seriously and we are committed to taking care of your business data in accordance with the provisions of our Privacy Policy at swoopfunding.co.za/privacy-policy.
As part of providing our Service to you our systems will gather data provided by you including, in some instances, from your systems such as accounting software, as well as from third-party sources.
As part of providing our Service to you we may share data provided by you with our panel of approved Providers, and those Providers will share with us information regarding your case such as its current status and outcome.
Our usage of such data may involve interfacing to third party systems, to enhance the databases we use to provide the Service and our Services to others, and for monitoring of performance, statistical analysis and the identification of improvements to the Service.
By using our Services to provide data to us, you agree to grant us an irrevocable, royalty- free, sub-licensable, transferable, perpetual license to use, copy, reformat, translate, excerpt (in whole or in part) and distribute these data for any purpose on or in connection with the Service, to prepare derivative works of, or incorporate into other works. We may share this information with other third parties who assist us in providing the Service. In such circumstances, any data used will be anonymous and will not identify you as the source unless we receive your permission to do so. If you choose to remove your data, this license will expire, provided that you acknowledge (a) we may retain archived copies and (b) we are required to maintain records that are relevant to demonstrating our compliance with the Regulations for no less than five years from the date on which the records were created.
For the avoidance of doubt, Swoop Finance Limited does not hold or in any way handle any client monies whatsoever.
If you want to make a complaint you can:
We reserve the right to vary these terms and conditions at any time, including assigning these terms.
We may send any notices to you by email to the address you provided when you signed up to the Service, or otherwise as updated by you through the Service. You agree that we may send you notices via email or via alerts within the service.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain enforceable. Failure to exercise or enforce rights or provisions shall not constitute a waiver.
Your use of the Service is subject to South African law, and we both agree to submit to the jurisdiction of the South African courts to settle any dispute that might arise.
Below is a list of specified information that we require in order to provide our Service to a business.
a. the name of the business
b. the postal address, email address and telephone number of the business
c. the amount of finance requested by the business (other than in relation to a request for a credit card account, unless the business has requested a credit card account with a specified limit)
d. the type of finance requested by the business (where a specific type of finance has been requested by the business)
e. the legal structure of the business (limited company, limited partnership, partnership, sole trader, or other)
f. the period, in years and months, for which the business has been trading and receiving income
g. the date by which the business requires finance or, if such date is not known, the date by which the business has requested finance.
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