Terms and Conditions

INTERPRETATION AND DEFINITIONS
	1.1	In these terms and conditions, unless clearly inconsistent with or otherwise indicated by the context, the following words and phrases shall have the corresponding meaning assigned to them and cognate expressions shall have similar meanings -
		1.1.1	"airtime voucher" means any pre-paid telecommunications airtime voucher sold by SWAP from time to time;
		1.1.2	"authenticate" or "authentication" means verification of the SWAP user by SWAP;
		1.1.3	"merchant" means a person, whether natural, juristic or otherwise, who supplies goods and/or services to any user, and receives payments in respect of such goods and/or services from any such user by means of the SWAP system;
		1.1.4	"MSISDN number" means a mobile station international integrated services digital network ("ISDN") number;
		1.1.5	"parties" means collectively SWAP, any merchant and any user or either of them as the context may require;
		1.1.6	"PIN" means the personal identification number being the secret code utilised by the SWAP user for the purpose of accessing the SWAP services;
		1.1.7	"SMS" means short messaging service whereby text is sent over an electronic communications network;
		1.1.8	"successful registration" means a registration deemed successful by SWAP in terms of SWAP's internal procedure from time to time;
		1.1.9	"SWAP" means SWAP Cellphone Payment System (Proprietary) Limited (Registration Number 2006/008968/07), a private company duly registered and incorporated according to the company laws of the Republic of South Africa;
		1.1.10	"SWAP code" means the unique SWAP code allocated to a merchant by SWAP;
		1.1.11	"SWAP services" means any services provided by SWAP by means of the SWAP system to any SWAP user as contemplated in the provisions of these terms and conditions;
		1.1.12	"SWAP system" means the system utilised by SWAP for the purposes of providing the SWAP services;
		1.1.13	"SWAP user" means collectively any merchant and any user or either of them as the context may require;
		1.1.14	"SWAP user equipment" means any device which is used by the SWAP user to access, use and/or receive the SWAP services;
		1.1.15	"the/these merchant terms and conditions" means the specific terms and conditions applicable only to merchants and contained in Part C of these terms and conditions;
		1.1.16	"the/these general terms and conditions" means the general terms and conditions contained in Part A of these terms and conditions;
		1.1.17	"the/these user terms and conditions" means the specific terms and conditions applicable only to users and contained in Part B of these terms and conditions;
		1.1.18	"the/these terms and conditions" means the terms and conditions contained in this document;
		1.1.19	"user" means any person registered as a user of the SWAP system other than a merchant;
		1.1.20	"voucher" means any voucher which any user may purchase from SWAP from time to time;
		1.1.21	"wallet" means an electronic virtual wallet within which the user may store vouchers from time to time;
		1.1.22	"website" means SWAP's website presently accessible by means of the web address, www.swapmobile.co.za;
		1.1.23	any reference to the singular includes the plural and vice versa;
		1.1.24	any reference to natural persons includes legal persons and vice versa;
		1.1.25	any reference to a gender includes the other genders.
	1.2	If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only contained in the definitions clause, effect shall be given to it as if it were a substantive provision in these terms and conditions.
	1.3	These terms and conditions shall be interpreted in accordance with and governed by the laws of the Republic of South Africa, notwithstanding the fact that any instruction emanated from outside the borders of the Republic of South Africa.
PART A: GENERAL TERMS AND CONDITIONS
2. NEW SWAP USER REGISTRATION
	2.1	A successful registration with SWAP shall be required by any new SWAP user to enable such SWAP user to access, use and/or receive the SWAP services. The specific registration process applicable to a user and a merchant is set out in the user terms and conditions and the merchant terms and conditions respectively.
	2.2	No SWAP user shall be entitled to dispute any registration not deemed to be a successful registration and SWAP shall not be obliged to disclose any information and/or procedure utilised by SWAP in considering a new SWAP user's application for registration.
	2.3	SWAP shall be entitled at any time to request any SWAP user to provide further information as SWAP may require from time to time which information the SWAP user warrants is true and correct.
	2.4	All information provided by the SWAP user to SWAP for the purpose of registration and/or in respect of the first time use of the SWAP system by a SWAP user and/or when requested by SWAP from time to time may be verified by SWAP at any time which verification may include a request by SWAP that the SWAP user confirm any such information from time to time including but not limited to any changes to such information and/or the PIN.
3. SWAP USER AUTHENTICATION
	3.1	A SWAP user whose registration is deemed to be a successful registration will be entitled to access the system at any time. However, SWAP reserves the right to authenticate any SWAP user at any time, including but not limited to the SWAP user’s initial access to the system.
	3.2	SWAP shall be entitled to implement any such authentication procedure it deems necessary for the purpose of SWAP user authentication, which procedure may be varied by SWAP from time to time.
4. SWAP SERVICES AND PAYMENTS
	4.1	SWAP shall be entitled from time to time to provide further SWAP services and it reserves the right to modify, replace or withdraw any of the SWAP services at any time for any reason whatsoever without prior notice to the SWAP user.
	4.2	SWAP shall be entitled to levy a fee (as set out in the Fee Schedule or the Merchant Manual as the case may be) for provision of the SWAP services to any SWAP user.
	4.3	In the event that any SWAP user initiates any charge-back in respect of any purchase contemplated in these terms and conditions, without derogating from any other rights which SWAP may have -
		4.3.1	the SWAP user acknowledges that the SWAP user shall be liable to SWAP and/or another SWAP user in respect of any such charge-backs and agrees to pay to SWAP on demand the value of the charge-backs together with any other charges or costs which SWAP may incur as a result of the charge-backs; and
		4.3.2	SWAP reserves the right to set-off any credit amount reflecting against the SWAP user’s SWAP code and/or wallet against any amount contemplated in clause 4.3.1 above.
	4.4	Without derogating from any other provision contained in these terms and conditions, the SWAP user acknowledges that any error made by the SWAP user in any payment instruction including but not limited to an error in respect of the amount of the payment is beyond the control of SWAP and accordingly, the SWAP user may be liable to SWAP and/or another SWAP user in respect of inter alia any costs and/or damages incurred by SWAP and/or the other SWAP user respectively arising from such error.
5. AIRTIME VOUCHERS
	5.1	Any SWAP user shall have the option to purchase airtime vouchers from SWAP using the SWAP system.
	5.2	SWAP shall be entitled to implement such limits as it may deem necessary from time to time as to the value of the airtime vouchers any SWAP user may be entitled to purchase from time to time.
	5.3	The SWAP user acknowledges that purchases of airtime vouchers cannot be reversed.
6. CONTENT HOSTING
	6.1	The SWAP user acknowledges that SWAP only facilitates any content hosted by SWAP and SWAP shall not be responsible for the inter alia accuracy, currency, content and/or quality of any such content.
	6.2	SWAP shall be entitled, but not obliged, to monitor any activity and content associated with the SWAP services. SWAP may investigate any reported violation of these terms and conditions and/or any related complaints and take any action that it deems necessary (which may include but is not limited to issuing warnings, suspending, and/or terminating the SWAP services and/or removing any materials from the SWAP system). Whilst SWAP reserves the right to delete or remove content deemed offensive by SWAP, SWAP does not guarantee that offensive material will be removed or deleted. Failure by SWAP to remove or delete offensive content does not waive SWAP's right to remove or delete offensive content in subsequent or similar cases.
7. COMPETITIONS
	7.1	SWAP shall be entitled but not obliged to host competitions on the SWAP system and such competitions shall be subject to separate and distinct terms and conditions which SWAP may impose in respect of any such competitions from time to time.
	7.2	Without derogating from any terms and conditions imposed by SWAP in respect of any competition as contemplated in clause 7.1 above, SWAP reserves the right to publish the name of any winner/s at any time SWAP may in its sole discretion deem necessary.
8. SWAP USER'S OBLIGATIONS
	8.1	The SWAP user undertakes to use the SWAP services in accordance with prevailing laws and legislation and in the event that the services or any part thereof become subject to any new and/or change in any law or legislation, the SWAP user undertakes to comply with such law or legislation at all times.
	8.2	The SWAP user declares and warrants that all information provided by the SWAP user to SWAP for any purposes shall be true and correct in all respects and the SWAP user acknowledges that it shall be obliged to inform SWAP of any change to such information with immediate effect.
	8.3	The SWAP user at all times -
		8.3.1	shall follow any security procedures notified to the SWAP user by SWAP from time to time or such other procedures as may be applicable to the services from time to time and specifically but not limited to those that are contained on the website. The SWAP user acknowledges that any failure on the part of the SWAP user to follow the recommended security procedures may result in a breach of the SWAP user's confidentiality in respect of the services and may lead to unauthorised transactions;
		8.3.2	shall ensure the safekeeping and confidentiality of all confidential information, including but not limited to PINs.
		8.3.3	shall ensure that the services are not used and/or the instructions are not issued and/or the relevant functions are not performed by anyone other than a person authorised to do so;
		8.3.4	shall notify SWAP immediately on the SWAP user becoming aware that any user equipment and/or PIN has been lost or forgotten or may have fallen into the hands of an unauthorised person. Without derogating from anything contained in clause 13.2.3, the SWAP user acknowledges that SWAP shall not be responsible for any unauthorised use by the SWAP user and/or any third-party of any user equipment and/or PIN and/or SWAP code;
		8.3.5	will be deemed to have read, understood and applied the information displayed on any system of SWAP and the SWAP user's role in respect thereof.
	8.4	The SWAP user shall not at any time -
		8.4.1	cede or assign any of its rights under this agreement without the prior written consent of SWAP;
		8.4.2	operate or utilise the services in an manner than may be prejudicial to SWAP, any other SWAP user and/or any third-party.
	8.5	8.5 In the event that the SWAP user is a natural person, the SWAP user hereby warrants to SWAP that he or she has reached the age of majority in the Republic of South Africa.
9. SWAP'S OBLIGATIONS
	SWAP shall -
	9.1	operate and maintain the SWAP system;
	9.2	subject to these terms and conditions give effect to any instructions initiated by a SWAP user in respect of the SWAP system.
10. CREDIT INFORMATION
	10.1	In respect of any credit information provided by any SWAP user to SWAP for the purpose of registration, the SWAP user hereby consents to SWAP -
		10.1.1	making enquiries about such SWAP user's credit record with any credit reference agency and/or any other party in order to confirm such credit information;
		10.1.2	providing regular updates regarding the conduct of such SWAP user in utilising the services to any credit reference agencies and/or any other party and allowing such credit reference agencies and/or other party to in turn make such credit record and/or credit information available to other credit grantors;
		10.1.3	making all such queries and/or taking all such steps as SWAP may be lawfully entitled to do so from time to time.
	10.2	The SWAP user hereby indemnifies SWAP against any loss and holds SWAP harmless against any claim arising from any inaccuracy in the credit information provided by the SWAP user to SWAP and/or the provision of any credit information of the SWAP user by SWAP mobile to any credit reference agency and/or third-party contemplated in clause 10.1 above.
11. INTELLECTUAL PROPERTY
	11.1	SWAP shall at all times retain its intellectual property rights in and to the SWAP system (including but not limited to the PINs and the SWAP code) and associated documentation (whether in printed and/or electronic format or otherwise), insofar as such SWAP system and associated documentation belong to SWAP, utilised in the provision of the SWAP services as well as any logos, trademarks and/or service marks utilised.
	11.2	In respect of third-party software utilised by a SWAP user in accessing the SWAP system, SWAP is not a party to any licence agreement entered into between the SWAP user and a licensor and therefore cannot and does not make any warranties relating to such software including but not limited to warranties relating to the suitability of such software for a particular purpose, security features and/or performance. The SWAP user acknowledges that the use of such third-party software shall be at the SWAP user's own risk and the SWAP user indemnifies and holds SWAP harmless against any loss and/or damage which the SWAP user may suffer as a result of the use, abuse and/or possession of such software.
	11.3	The SWAP user acknowledges that the utilisation of the third-party software contemplated in clause 11.2 above may be illegal in jurisdictions outside the Republic of South Africa and/or may infringe upon certain third-party intellectual property rights in such jurisdictions. The SWAP user acknowledges that should it utilise any third-party software outside the Republic of South Africa, it shall at all times be incumbent upon the SWAP user to ascertain the legality of such use and obtain all necessary licences and permissions from the relevant parties. The SWAP user accordingly indemnifies and holds SWAP harmless against any and all liability which it may incur in this regard.
12. NOTICES AND DOMICILIUM
	12.1	SWAP chooses the following address as its domicilium citandi et executandi for all purposes arising out of or in connection with these terms and conditions - P.O. Box 340 Groenkloof 0027
	12.2	The user chooses as its domicilium citandi et executandi for all purposes arising out of or in connection with these terms and conditions, the user's MSISDN number.
	12.3	The merchant chooses as its domicilium citandi et executandi for all purposes arising out of or in connection with these terms and conditions, the domicilium contemplated in the merchant terms and conditions.
	12.4	Any notice shall be in writing.
	12.5	SWAP may at any time advise the SWAP user of any change to its domicilium, provided that any domicilium selected by SWAP shall be selected in the Republic of South Africa and any change shall only become effective on the date upon which such change is published by SWAP on the website.
	12.6	All notices by SWAP may be given or sent to any SWAP user by sending same electronically and all such notices so sent shall be deemed to have been received on the business day following the day on which same shall have been sent electronically.
	12.7	All notices by any SWAP user may be given or sent to SWAP by sending same by hand to the address referred to above and all such notices so sent shall, if sent by sending same by hand, be deemed to have been received on the business day following the day on which same shall have been delivered.
	12.8	Notwithstanding anything to the contrary herein contained, a notice actually received by any party from another party shall be adequate notice to the recipient, notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
13. INDEMNITY
	13.1	The SWAP user acknowledges that SWAP is an intermediary between the user and any other SWAP user and/or any third-party, and the SWAP user hereby waives its rights in respect of and indemnifies SWAP against any demand, claim or action relating to or in connection with the SWAP services, whether directly or indirectly, unless such demand, claim or action arose as a direct consequence of the gross negligence or wilful misconduct of SWAP or any of its employees provided that this demand shall be limited to direct damages. Special and consequential damages are hereby specifically excluded.
	13.2	The SWAP user indemnifies and holds SWAP harmless from -
		13.2.1	all demands, claims, actions, losses and damages of whatsoever nature which may be brought against SWAP or which it may suffer or incur arising from SWAP acting, or not acting on any instruction or arising from or out of the malfunction, failure or unavailability of any hardware, software or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, electronic communications failure, any other event beyond SWAP's control, interruption or distortion of communication links or arising from the reliance by any person on any incorrect, illegible, incomplete or inaccurate information or data contained in any instructions received by SWAP;
		13.2.2	any loss or damage that may arise from the use, misuse, abuse or possession of any third-party software, including without limitation, any operating system software, browser software or any other software packages or programs;
		13.2.3	13.2.3 any unauthorised access to the SWAP system via a SWAP user's name or any breach of security or any destruction or accessing of the SWAP user's data or any destruction or theft of or damage to any of the user's equipment;
		13.2.4	any loss or damage occasioned by the failure to adhere to any terms and conditions applicable to the SWAP services and/or by the supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third-party facilities or systems or the inability of a third-party to process a transaction.
14. FORCE MAJEURE
The SWAP user shall not have any claim against SWAP arising from any failure or delay in the SWAP system and/or in the performance of any of its obligations in terms of these terms and conditions caused by an act of force majeure including but not limited to acts of God, fire, flood, strike, shortage of utilities, government action, laws or regulations, defaults, delays or discontinuance on the part of goods and services, electronic communications failure or other circumstances or factors beyond the reasonable control of SWAP, and to the extent that the performance of any of the obligations of SWAP in terms hereof is delayed by virtue of the aforegoing, any period stipulated for any such performance shall be extended.
15. GENERAL
	15.1	These terms and conditions govern the relationship between the SWAP user and SWAP in respect of the SWAP services. In the event of a conflict between the provisions hereof and the provisions of any agreement relating to a specific SWAP service provided to the SWAP user by SWAP, the provisions of the agreement insofar as they conflict with the provisions hereof only will take precedence.
	15.2	Notwithstanding the aforegoing terms and conditions, the SWAP user acknowledges and accepts that SWAP may from time to time amend these terms and conditions. In pursuance of the aforegoing the SWAP user confirms that -
		15.2.1	it is aware that all such changes shall be reflected in the terms and conditions published on the website;
		15.2.2	by entering the PIN to gain access to the SWAP system, the SWAP user binds itself to the terms and conditions in force at the point in time as they may appear on the website.
16. BREACH
In the event that the SWAP user breaches any term or fails to perform any of its obligations in terms of the provisions of these terms and conditions or the provisions of any other agreement which it may have with SWAP, SWAP shall be entitled, without notice, to cancel this agreement and withdraw the SWAP services with immediate effect, without prejudice to any rights it may have in law or otherwise including but not limited to its rights to recover -
	16.1	any amounts due to SWAP in terms of the provisions of these terms and conditions;
	16.2	any loss or damage suffered by SWAP as a consequence of the breach by the SWAP user of any provision of these terms and conditions or the cancellation of this agreement or the withdrawal of the SWAP services.
17. DISPUTE
	17.1	Should any dispute arise at any time between the SWAP user and SWAP relating to any matter arising out of these terms and conditions, such dispute shall be finally resolved in accordance with the rules of the Arbitration Foundation of South Africa ("AFSA") by an arbitrator or arbitrators appointed by AFSA. The SWAP user agrees that in pursuance hereof, either the SWAP user or SWAP may demand that a dispute be referred to arbitration by giving written notice to that effect to SWAP.
	17.2	This clause shall not preclude the SWAP user or SWAP from obtaining interim relief on an urgent basis from a court with competent jurisdiction pending the decision of the arbitrator.
	17.3	The arbitration referred to herein shall be held at Johannesburg in the English language and shall be held immediately with a view to be completed within 21 (twenty-one) days after it is demanded. The SWAP user irrevocably agrees that the decision of the arbitrator in the arbitration proceedings -
		17.3.1	shall be final and binding on it;
		17.3.2	shall be carried into effect; and
		17.3.3	may be made an order of court of competent jurisdiction.
	17.4	This clause 17 is severable from the rest of the terms and conditions and shall remain valid and binding on the SWAP user notwithstanding any cancellation by the SWAP user of its access and/or any withdrawal by SWAP of the SWAP services.
18. SUSPENSION/TERMINATION
	18.1	SWAP may suspend or terminate any SWAP user's access to the SWAP services and/or SWAP system who violates these terms and conditions.
	18.2	Notwithstanding anything contained above, this agreement may be terminated at any time by SWAP or the SWAP user on having given such notice as may be required in respect of each SWAP service utilised, except that in the event of any change in any law or the application thereof, which would have the effect of prejudicing SWAP should it continue with the rendering of any SWAP service, SWAP shall be entitled to terminate the agreement on 48 (forty eight) hours' written notice to the SWAP user.
19. SEVERABILITY
Any provision in these terms and conditions that is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms and conditions shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as pro non scripto and severed from the balance of the terms and conditions, without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of such provision in any other jurisdiction.
20. DISCLAIMER
Whilst every effort has been made by SWAP to ensure the proper performance of every SWAP service, SWAP does not guarantee the availability of the SWAP services offered. In particular, SWAP does not warrant that the SWAP services will meet the SWAP user's requirements, be uninterrupted, complete, timely, secure or error free. SWAP is merely an intermediary between the SWAP user and any other SWAP user and/or any third-party and accordingly, SWAP will not entertain any requests for exchanges, returns and/or refunds.
PART B: USER TERMS AND CONDITIONS
21. USER REGISTRATION
	21.1	The user shall be required to provide during the initial registration process information including but not limited to a valid identification number and any other related information. The user will also be required to choose a PIN which PIN shall be utilised by the user only in accordance with these terms and conditions.
	21.2	In the event that the user wishes to make payments by way of a credit card and/or a bank account, the user shall be required to provide SWAP with further information for the purpose of a subsequent registration process which information shall include but not be limited to a valid credit card number and/or a valid bank account number.
	21.3	The user hereby warrants that all the information provided to SWAP by the user in terms of clauses 21.1 and 21.2 above is true and correct.
22. USER AUTHENTICATION
	22.1	SWAP shall be entitled to levy a fee (as set out in the Fee Schedule) for authenticating the user’s information including but not limited to the SWAP user's credit card details and the user authorises SWAP to debit any credit card designated by the user in terms of the provisions of clause 21.2 above or by any other means in respect of such fee.
23. PAYMENTS TO MERCHANTS
The user acknowledges that only USSD or merchant console statements, as the case may be, constitute actual proof of payment to the merchant and SWAP shall not be liable for any false and/or incorrect notification of whatsoever nature sent to or received by the user in respect thereof.
24. WALLET
	24.1	Any user shall have the option to purchase vouchers from SWAP, which vouchers may be stored in the wallet.
	24.2	Any user shall be entitled to pay for the vouchers purchased from SWAP as contemplated in the provisions of clause 24.1 above by way of a credit card payment, debit order authorisation or an electronic funds transfer.
	24.3	The user shall be entitled to transfer any voucher to any other user registered on the SWAP system or utilise any voucher for the purposes of paying any merchant.
	24.4	SWAP shall be entitled to implement such limits as it may deem necessary from time to time as to the value of a voucher which may be purchased by the user from time to time and/or the total value of wallet of the user from time to time.
	24.5	The user acknowledges that SWAP shall not be liable in respect of any vouchers which may have been lost by the user and/or may have been deleted by the user in any manner whatsoever and/or are incorrect.
PART C: MERCHANT TERMS AND CONDITIONS
25. MERCHANT REGISTRATION
	25.1	The merchant registration shall be initiated by way of an online merchant registration form duly completed by the merchant which online registration form shall require the merchant to provide SWAP with information including but not limited to company details, a valid bank account and any other related information, which information the merchant warrants is true and correct. The merchant will also be required to choose a PIN which PIN shall be utilised by the merchant only in accordance with these terms and conditions.
	25.2	SWAP reserves the right to amend the online merchant registration form referred to in clause 25.1 above from time to time.
26. MERCHANT AUTHENTICATION
SWAP shall be entitled to levy a fee (as set out in the Merchant Manual) for authenticating the merchant's information and the merchant authorises SWAP to debit any bank account designated by the merchant in terms of the provisions of clause 25 above or by any other means in respect of such fee.
27. PAYMENTS TO SWAP CODE
In regard to any payment made to any SWAP code by SWAP as per the instructions of any user, the merchant acknowledges that SWAP is an intermediary and, without derogating from any other rights SWAP may have, the merchant hereby indemnifies and holds SWAP harmless against any loss and/or damages as a result of any claim by any user in respect of any such transaction including but not limited to charge-backs initiated by any user.
28. CONTENT HOSTING
The merchant shall be responsible for ensuring that any content hosted by the merchant on the SWAP system and/or in respect of the SWAP services is appropriate and lawful.
29. BATCHES
The merchant acknowledges that SWAP may process transactions between any SWAP users on a batched basis and, accordingly, such transactions may not always take place in real-time.
30. WASP SERVICES
The merchant acknowledges that SWAP may provide Wireless Application Service Provider ("WASP") services (including but not limited to bulk SMS) from time to time at the request of the merchant. The merchant acknowledges that such WASP services shall be provided by a third party appointed by SWAP from time to time and that SWAP makes no representations or warranties in regard to such SWAP services.
31. SPIN OFFS
It is recorded that SWAP reserves the right to make provision for spin-offs from time to time. In this regard, the merchant acknowledges that any spin-off provided by SWAP to any merchant at any time is solely within SWAP's discretion, subject to its own separate and distinct terms and conditions and the merchant does not have an automatic right to any such spin-off. The merchant further acknowledges that it shall not have any claim whatsoever howsoever arising against SWAP in respect of any such spin-offs regardless of whether such spin-offs have been provided by SWAP and/or any other SWAP user.
32. INDEMNITY
Without derogating from any other provision contained in these terms and conditions, the merchant indemnifies and holds SWAP harmless from all demands, claims, actions, losses and damages of whatsoever nature which may be brought against SWAP or which it may suffer or incur arising from the use by a merchant of the SWAP system including but not limited to –
	32.1	a merchant displaying a false and/or incorrect name on the SWAP system;
	32.2	false and/or incorrect notifications of whatsoever nature sent to and/or received by any user.
33. WARRANT OF AUTHORITY
In the event that the merchant is a juristic entity, the person accepting these terms and conditions on behalf of the company warrants that he or she is authorised to accept these terms and conditions for and on behalf of such juristic entity and in the event that such person is not authorised for any reason whatsoever, such person shall by assenting to these terms and conditions be personally liable to SWAP for any obligations of the merchant to SWAP.
34.SECURITY
SWAP may at any time during the term of this agreement require any merchant upon written notice to this effect to enter into and procure bank or other guarantees (or to provide some other form of financial security) which, in the reasonable opinion of SWAP is appropriate as security against the merchant's non-compliance with any of these terms and conditions, provided that such security shall not exceed such amount as will be sufficient to cover all outstanding indebtness of the merchant to SWAP from time to time to the reasonable satisfaction of SWAP. Failure to provide such security in accordance with this clause shall constitute a breach of these terms and conditions by the merchant.
35. NOTICES AND DOMICILIUM
	35.1	35.1 The merchant chooses as its domicilium citandi et executandi for all purposes arising out of or in connection with these terms and conditions, address provided by the merchant to SWAP in terms of the online merchant online registration form.
	35.2	All notices by SWAP may be given or sent to any merchant by sending same by hand to the address referred to above and all such notices so sent shall, if sent by sending same by hand, be deemed to have been received on the business day following the day on which same shall have been delivered.
	35.3	Without derogating from the provisions of clauses 35.1 and 35.2. above, the provisions of clause 12 shall apply to this clause 35 mutatis mutandis.
36. Refund Policy
	36.1	Refund requests are subject to investigation by SWAP. Where such an investigation is concluded in favour of the customer, SWAP will effect the refund within seven days of the finding.