Online Support - Terms and Conditions V1.01
ACCESS TO AND USE OF SUPPORT IS LIMITED TO REGISTERED USERS ONLY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING THE "I AGREE" BUTTON AND MAKING YOUR DECISION TO REGISTER FOR SUPPORT. BY REGISTERING FOR, ACCESSING TO AND/OR USING SUPPORT, YOU DECLARE THAT THE INFORMATION THAT YOU PROVIDE IS COMPLETE AND ACCURATE AND THAT YOU ARE AUTHORIZED BY YOUR INSTITUTION TO USE SUPPORT, TO ENTER INTO LEGALLY BINDING AGREEMENTS ON BEHALF OF YOUR INSTITUTION.
In the context of these terms and conditions, the following words shall have the following meaning ascribed thereto:
- "SWIFT" shall mean SOCIETY FOR WORLDWIDE INTERBANK FINANCIAL TELECOMMUNICATION SCRL, with registered office at Avenue Adèle, 1, B - 1310 La Hulpe, Belgium.
- "Support" shall mean access to Knowledge Base, Case Manager, Download Centre, Operational status, Documentation and Ordering.
- "Password" shall mean the password issued by SWIFT to you to access Support.
- "Institution" shall mean a SWIFT User who is registered to have access to Support.
Use of Support is entirely free of charge.
As a service to you, the Case Manager provides you the ability to report cases on behalf of other institutions. You must obtain prior permission of the parties on which you report cases. You will need to know the Customer ID and the affected BIC of the parties for which you plan to report cases. You must request this information directly from the parties involved; it is published in My Profile.
Except as expressly set forth herein or in any particular terms and conditions that may be applicable to the products, services, information and/or software offered, purchased, accessed, used and/or licensed through Support, SWIFT hereby disclaims any and all warranties, express or implied, including, without limitation, implied warranties regarding merchantability or fitness for a particular purpose, with respect to this website, its content, Support or the products, services, information and software concerned.
Availability / Liability
SWIFT cannot guarantee that Support will be permanently available online. The service could be temporarily unavailable e.g. for reasons of, including, but not limited to, maintenance or force majeure. Subject to any particular terms and conditions that may apply to the products, services, information and/or software offered, purchased, accessed, used and/or licensed through the Support, SWIFT shall not be liable to you, your institution or any third party for any damage, loss or cost, whether direct or indirect, that may arise from such unavailability or, in general, from any access to and/or use of Support.
Electronic agreements and messaging / Use of password
- By registering for, accessing to and/or using Support, you accept and agree to be bound by the validity, enforceability and admissibility in evidence of electronically signed and/or electronically exchanged messages (orders, order confirmations, documentation,…), including, without limitation, messages and agreements entered into by means of the password supplied to you by SWIFT, as if any of these messages or agreements were made in writing. SWIFT's records ("logging") relating to your transaction shall be deemed correct and conclusive evidence, unless proven otherwise.
- You accept and agree that any use made of Support by means of the password supplied to you by SWIFT, shall irrevocably be deemed as a use made by you whereby you legally bind your own institution. It is your and your institution's own obligation to check and safeguard that the password is used in accordance with these terms and conditions.
- Within an institution, a password can only be issued to and used by one private person who is an employee or officer of that institution. Different employees or officers of an institution can apply for different passwords in the framework of e-paying.info
- A password is personal to you and can only be used for its authorized and legal purpose. The password cannot be used (i) for or on behalf of any other private person, legal entity or organization, (ii) to perform private or public key operations other than in connection with Support, or (iii) for or on behalf of any other employee or officer of your institution.
- You and your institution are solely responsible for safeguarding the security of the password and the usage information thereof. You and your institution should protect these data against loss, disclosure, theft, modification or unauthorized use. Your institution shall indemnify and hold SWIFT harmless from and against any loss, cost or damage arising from any failure to comply with these terms and conditions or from falsehood or misrepresentation of or failure to disclose a fact by you or your institution.
- You accept that your institution may notify SWIFT of any change of your right to use the password, including the revocation thereof, or of a breach of security or other compromise of the password. Such events should be notified immediately to SWIFT, either by you or by any other person authorized to do so on behalf of your institution. As long as SWIFT is not informed of any such event, SWIFT can legally assume that such event has not occurred.
Whenever possible, each provision of these terms and conditions shall be interpreted in such manner as to be effective and valid under applicable law. In the event that any provision of these terms and conditions shall finally be determined to be unlawful or unenforceable, such provision shall be deemed severed from these terms and conditions, but every other provision of these terms and conditions shall remain in full force and effect. In substitution for any such provision held unlawful or unenforceable, a provision of similar import shall be substituted reflecting the original intent, to the extent permissible under applicable law.
Governing Law; Competent Courts
These terms and conditions shall be governed by the laws of Belgium. Similarly, Belgian law shall apply to the access to and use of Support and the offer, ordering, purchase, access to, use of and/or licence of SWIFT products, services, information and/or software. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Any claim or dispute hereunder that cannot be solved amicably shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium.