Terms of Service
Effective Date: March 20, 2018
2. OWNERSHIP AND LINKS
3. REGISTRATION INFORMATION
By registering for the Services, you agree as follows:
- You are 1) At least 18 years of age or 2) Between 13 and 17 years of age and using the Services with the permission and consent of your parent or legal guardian.
- SWYCH reserves the right to refuse to register a Swych Account or to terminate a Swych Account if you violate the terms of this Agreement or otherwise misuse or abuse the account or the Services.
- You will provide true, accurate and complete registration information and maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, your agree that, without limiting other remedies: (1) SWYCH has the right, in its sole judgment and discretion, to suspend or terminate your Swych account and/or your use of the Service, and to block your access to or use of the Services; and (2) SWYCH, its agents, suppliers, subcontractors, and the issuers and processors of your gift cards, and the affected affiliates of each, have the right to recover from you any costs or losses incurred as a direct or indirect result of the untrue, inaccurate or incomplete information. You acknowledge that you may be required to furnish more detailed information in connection with the Services or acceptance of other products or services that you access through the App. You authorize SWYCH, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include verifying the information you provide against third party databases, as permitted by law.
4. AUTHORITY TO ACT ON YOUR BEHALF
In order for us to track your applicable balances and display them to you, and for us to follow your instructions with regard to accessing your account balances, we need to know specific information regarding your gift card, prepaid access or other accounts associated with your Swych account (such as your card number, card account number, user identification, personal identification number, password and/or access code). This information enables us to update your account balances on an ongoing basis. By providing this information to us you authorize us to use and disclose such information to third parties on your behalf in order to display your balances and to execute and complete transactions using the Services. By using the Services, you agree that we may communicate with you electronically any important information regarding your Swych account and the gift cards you associate with it, as well as your use of the Swych mobile application and your use of Swych to access and use your gift cards or to access stored card information. By using the Services, you also authorize us, on your behalf (1) to contact the issuers and processors of your gift cards and to receive information from them relating to your gift cards; (2) to request and obtain your balance information and periodically access your gift card data; (3) to accept, process and fulfill your instructions to transfer or otherwise allocate or direct funds to or from your designated gift card accounts upon your request (all in accordance with any authorization procedures as may be agreed from time to time between you and us or between us, on your behalf, and the gift card issuer or processor); and (4) to initiate debit or credit entries to your designated gift card accounts either pursuant to your instructions or, in the event there is an error in the processing of any transaction, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations (and, if there are any applicable fees from your issuer or processor, to deduct such amounts from your Swych account balance). Your authorizations will remain in full force and effect while you maintain your Swych account. You agree that we are your agent for the four (4) limited purposes stated in this paragraph. You represent and warrant to us that you have the authority to appoint us as your agent for these limited purposes and, in connection therewith, to use your name, passwords, usernames and any other information you provide to us for purposes of providing the Services to you. You agree that we may use and store this information on our servers, and that (when you use any mobile App to use the Services) we may access information stored in the secure storage area of your mobile device to facilitate transactions on your behalf. You authorize and direct us to open all electronic mail we receive on your behalf, whether or not the mail is also or only addressed to you. You also authorize us to provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
5. USE OF SERVICES
You are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. As a user, SWYCH grants you a limited, non-transferable, revocable, license to use the Services in accordance with these Terms. You may only use the Services to register and view information presented at the Site or in connection with the Services, and to make legitimate inquiries, requests or submissions, including in connection with access to electronic or online wallet services provided by others and which you access through or in connection with the Site or the Services. You may not use the Services for any other purposes. No part of the Services or any content contained therein may be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered. You are strictly prohibited from (i) using any method, device, software or routine to interfere or attempt to interfere with the proper working of the Services, (ii) taking or attempting to take any action that imposes a burden or load on the Services or any system or communication path utilized by the Services, (iii) posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or (iv) posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any use of the Services.
6. ADVERTISEMENTS, OFFERS AND REWARD PROGRAM PARTICIPATION
SWYCH or its affiliates may present you with offers through your use of the Services, including promotions or offers provided by others (collectively, “Offers”). In consideration for SWYCH granting you access to the Services, you agree that SWYCH may display advertisements or Offers in connection with the Services, and that SWYCH may deliver advertisements or Offers to your mobile device and otherwise to you, including time-bound and location-based Offers, new product alerts or other communications branded by SWYCH or third parties with whom SWYCH contracts.
In addition, promotions offered by SWYCH are intended for your personal use. Selling this card to another user is a violation of this Agreement. If the card you purchase becomes listed for sale on another, secondary market website or sold to another user, SWYCH is not responsible for any balance on the card, nor will SWYCH honor any claims for refunds or reimbursement.
In order to use or avail yourself of the Offers, you may be required to agree to additional terms and conditions from the providers of the Offers and may be subject to additional requirements of those providers. If you elect to avail yourself of an Offer, you also authorize us, on your behalf (1) to contact the provider of the Offer; (2) to receive information from them relating to your Offer; (3) to periodically access data related to your Offer; (4) to accept, process and fulfill your instructions to transfer or otherwise allocate or direct funds to or from your designated gift card accounts upon your request (all in accordance with any authorization procedures as may be agreed from time to time between you and us or between us, on your behalf, and the gift card issuer or processor) in connection with the Offer; (5) to store information about the Offer and the redemption of that Offer; and (6) to provide information to the provider of the Offer (or their designee), including by permitting the provider (or their designee) to access information from your mobile device at the time you use that device to access or redeem your Offer, and by transferring information to the provider as needed to access or redeem the Offer. You will receive terms and conditions of Offers at the time you receive each Offer; and you agree to be bound by the terms and conditions of the Offers you accept. You agree that we are your agent for the six (6) limited purposes stated in this paragraph. You represent and warrant to us that you have the authority to appoint us as your agent for these limited purposes and, in connection therewith, to use your name, passwords, usernames and any other information you provide to us for purposes of providing the Offers to you, accessing the Offers and redeeming the Offers. You agree that we may use and store this information on our servers. You authorize and direct us to open all electronic mail we receive on your behalf, whether or not the mail is also or only addressed to you. You also authorize us to provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
SWYCH may provide you with reminders that you have Offers pending or about to expire. Nonetheless, you agree that it is your responsibility to ensure that you use any Offers before their expiration date and that SWYCH, the providers of the Offers, and affiliates of each, have no liability if you fail to use any Offers, if we or they fail to remind you of any pending Offers or if you fail to adhere to the terms and conditions of the Offers. Unless otherwise stated in an Offer, SWYCH is not responsible for the terms and conditions applicable to any Offer or for the compliance of those terms and conditions with any applicable laws.
You can always change your communication settings within the "Account Settings" section of your Swych account. We never share your information with telemarketers.
7. SWYCHING GIFT CARDS, REDEMPTION AND SWYCH POINTS
Swych offers consumers ability to send gift cards to recipients. Senders can select a card from a list displayed on the app. When a recipient receives the gift, he/she can choose to redeem the gift by accepting the brand sent by Sender, choose a different brand to redeem, cash out to a debit card or simply save the card for later. The gift amount available to recipient may vary based on option chosen and the associated cost of that option. Swych app will clearly display the options and the associated cost to recipient for each choice. Once a recipient selects a brand to redeem, Swych will deliver a digital card to recipient’s wallet of choice and the transaction will be complete. Recipient will no longer have the choice to select a different brand to redeem from that particular gift transaction. If the recipient chooses to save card and redeem later, the funds will be available in recipient’s account for redemption later. Once a user moves a gift card using Swych into the mobile wallet of their choice, they cannot Swych it back and use of that gift card will be subject to the terms and conditions of that mobile wallet. Similarly, any gift card for that is purchased through the App is treated as instantly redeemed and the user cannot “Swych” it into another card. Gift cards purchased through the App are issued and activated by participating third-party merchants, retailers and vendors (“Vendors”). The purchase of each gift card will be governed by certain terms and conditions established by the issuing Vendor. Vendors may set restrictions and requirements on their gift cards and users should review and familiarize themselves with all applicable Vendor terms and conditions prior to purchasing any gift card. Users can earn a limited amount of Swych Points for referring friends and family. Users can choose to use their earned Swych Points towards the purchase of gift cards and can be used in combination with other payment methods.
10. ADDITIONAL TERMS
Additional terms and conditions may apply to the Services, the Swych website, and/or the purchases of goods and services and use of the App, and you agree to abide by such additional terms and conditions, e.g., card issuer's terms and conditions. All gift cards and prepaid access are issued with specific terms, which typically appear with the gift card or other prepaid access or are provided to you separately by the issuer, processor or program manager for that prepaid access. These Terms do not amend or otherwise modify your agreement with the issuer or processor of your gift cards or prepaid access or other accounts associated with your Swych account, except as set forth in these Terms; and in the event of any inconsistency between these Terms and your agreement with any of them, these Terms govern with respect to your use of the Services, the Swych website or your access to or redemption of any the prepaid access or Offers using the Services or the Swych website. Without limiting the foregoing, products and services available in connection with the Site and/or our Services may be made available to you through the use of third-parties (e.g. third party authentication services). YOU AGREE THAT WE ARE NOT LIABLE FOR PRODUCTS AND/OR SERVICES OFFERED BY SUCH THIRD PARTIES, NOR ARE WE LIABLE FOR ANY ACTS OR OMISSIONS OF SUCH THIRD-PARTIES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
11. DISCLAIMER OF WARRANTIES
THE APP AND THE CONTENT LOCATED THEREIN IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWYCH DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, SWYCH DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR BE ERROR-FREE, SWYCH DOES NOTWARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED IN THE APP OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF SWYCH.
12. LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE. SWYCH ASSUMES NO RESPONSIBILITY WITH RESPECT TO, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE SERVICES.
You shall defend, indemnify and hold harmless SWYCH, its affiliates and their officers, directors, employees and agents from and against any and all claims, liabilities, demands, costs, expenses, penalties or other actions arising from your use of the Services or violation of these Terms.
14. GOVERNING LAW
These Terms and its performance shall be governed by the laws of the State of Texas, without regard to its conflict of law principles. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Texas, in all controversies arising out of your use of the Services and these Terms.
If you have any customer service-related questions, please contact:
If you have any other questions about Swych, its products or services, please address your inquiry to:
Attn: Customer Service
555 Republic Drive, Suite 200
Plano, TX, 75074 USA
Swych, not Apple, is solely responsible for the Swych App and the content contained therein. The use of the Swych App is subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Swych App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern.
Swych hereby grants a nonexclusive, nontransferable, limited license to install and use the Swych app on any iOS device that you own or control, solely as permitted by the Terms and the Usage Rules set forth in the Apple App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Swych app.
Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Swych app. In the event of any failure of the Swych app to conform to any applicable warranty and Apple will refund the purchase price, if any, paid to Apple for the Swych mobile app; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such applications. To the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty; such will be the sole responsibility of Swych. In accordance with the Terms, Swych has disclaimed all warranties of any kind with respect to the Swych mobile app, and therefore, there are no warranties applicable to such applications.
Between Apple and Swych, Swych, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the Swych mobile app, including, but not limited to: (i) product liability claims; (ii) any claim that the applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Swych mobile app, or possession and use thereof, infringe that third-party’s intellectual property rights, Swych, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Users represent and warrant that: (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Acknowledgment Section of the Terms, and that, by acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as a third-party beneficiary thereof.