DALEX SWIFT ADVANCE TERMS AND CONDITIONS
Please read the following terms and conditions carefully.
These Terms and Conditions take effect (begin) when you register for Dalex SWIFT Advance. Dalex Finance may change these Terms and Conditions from time to time. The latest version of the Terms and Conditions applies each time you use our services.
You must read these terms carefully before using the Service. By registering to use the services or also by virtue of your continued usage of the service, you shall be deemed to have accepted and be bound by these terms as well as other terms governing the service, as amended from time to time. If you reject these terms and conditions. You cannot use the functionalities of our services and cannot continue to Log-on to these services. These terms apply to the entire website and any email or other type of communication between you and Dalex Swift Advance.
- SWIFT Advance is an all-digital loan scheme which offers members access to instant funds against an established Credit score.
- SWIFT Advance relies on the prospective client’s income level, loan repayment history and other factors.
DEFINITIONS AND INTERPRETATIONS
- “SWIFT” refers to Dalex SWIFT Contributory Investment Scheme.
- “Income level” refers the monthly salary or wage of the prospective client.
- “KYC” refers to Dalex Finance’s Know Your Customer (Commercial Division), Accra
- “Eligible” clients” refers to clients who:
- Have met all Dalex Finance’s prequalification requirement.
- Have a Dalex SWIFT Advance account
- “Interest rate” refers to the daily interest charge of 5 % which is applicable to the loan when disbursed.
- “Daily” means a 24 hour.
- “USSD” refers to the short code procedure applicable to access the loan.
- “Parties” refers to SWIFT and its clients who apply for the loan offered herein.
- “PWA” refers to the web application designed to run on smart phones, tablet computers and other mobile devices which enable customers to gain access to SWIFT’s platform.
TERMS AND CONDITIONS
- Dalex Finance shall not be liable for acting in good faith upon the client’s instructions.
- The client authorizes Dalex Finance at its discretion to record any such instruction
and to use such records as evidence in a court of law or legal proceedings.
- From time to time, Dalex Finance may monitor and/or record telephone calls between the client and Dalex Finance to assure the quality of its customer service or as required by applicable law.
- Dalex Finance shall be entitled to appoint a recovery agent to collect all sums due from the client under this Agreement.
Each of these Terms and Conditions are severable and distinct from one another
and if any time any one or more of such Terms and Conditions becomes invalid, illegal, or unenforceable, the validity, legality of the enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The offer is exclusive to the clients registered on Dalex SWIFT Advance.
In order to use the Services, you must:
- Register with us on the Website.
- Be a Ghanaian citizen (or a legal Ghanaian resident) of at least 18 years of age (or older if you reside in a state where the majority age is older);
- Provide all information requested by us, such as your name, email address, mobile device number, online credentials for your Bank Account, and such other information as we may request from time to time (collectively, “User Information”).
You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.
- The minimum balance eligible for the concessionary loan shall be the sum of Five Hundred Ghana Cedis (GH₵ 500.00).
- The offer shall commence from ___________, _______, 2022.
- Only offers accepted by the client shall be valid.
- There shall be a _______% interest charge disbursed within the offer period.
- The interest charged on the loan will be fixed, calculated, and capitalized over the repayment period. Should the client fail to make a payment on the due date or where Dalex Finance has granted an extension for payment, the interest rate will be capitalized daily at the Discretion of Dalex Finance.
LOAN REQUESTS/ APPLICATION
- Loan requests may be made via PWA.
- Only when Dalex Finance approves the loan and pays it out to you, will this become a binding agreement between Dalex Finance and you.
LOAN PROCESSING AND DISBURSEMENT
- Loan processing and disbursement shall be instant once client meet his/her registration requirements.
PAYMENT AND APPROVAL:
- After Dalex Finance has approved the application for the loan, the loan will be paid to the client.
- The loan is not transferable and will be sent exclusively by the client.
- The loan will be disbursed only through mobile money.
- Clients’ repayment of the loans shall commence twenty four (24) hours following the loan disbursement date.
- A client may repay a loan:
- By making a deposit via mobile money.
- When it is deducted from his salary by his employer.
- Should it become necessary for Dalex Finance to institute legal action for the recovery of any amount, Dalex Finance shall be entitled to claim on the amount outstanding at the time proceedings commenced plus the legal expense and any other cost of recovery.
- After the loan has been paid, the client will be liable to make all repayments as selected.
- Dalex Finance does not accept cash payments, all repayments should be made to Dalex Finance registered mobile wallet. Any payments made in cash will be at the client’s own risk.
DEFAULT AND ACCELERATION
- Dalex Finance may immediately demand payment of the whole amount to a breach of this agreement or become insolvent.
- If the client is unable or admits to inability to pay his/her debts as they fall due or suspends making payments on any of its debts or, by reason of actual or anticipated financial difficulties, there may be negotiations determine an appropriate repayment scheme.
- Dalex Finance shall cause the borrower/driver to deposit 5% of accrued monthly bonus with DalexSwift used as collateral to obtain the loan.
- During the tenure of the loan, Dalex Finance shall block withdrawals by the borrower/driver from his DalexSwift Account until Dalex Finance gives clearance.
- The Dalex Finance shall cause, in the event of default, the balance on the driver’s Dalex SWIFT account to be used to settle the outstanding balances on the loan upon.
- Dalex Finance may, increase/decrease the credit limit based on the Client’s transaction and repayment behavior/history. The client hereby consents to accept such increase/decrease/ by Dalex Finance.
USE OF INFORMATION
- Dalex Finance or any member of Dalex Finance may use the client’s information to
- provide them with a loan or after-sales service,
- comply with obligations and requirements under any local or foreign laws or regulations.
- meet any administrative, business, legal or regulatory purpose; including the following:
• processing client’s application for loans, payments, transactions and their instructions or requests
• providing them with products and services
• maintaining the Dalex Finance relationship with them
• communicating with them on their account, providing them with statements and notices such as important changes to the features, terms, and conditions of the loan
• assessing their suitability for products and services
• operational purposes
• statistical analysis (including behavioral analysis and profiling)
• identity verification and due diligence checks
• credit assessment, including conducting credit checks and setting credit limits
• enforcing their obligations (including the collection of outstanding amounts owed to the Dalex Finance), debt recovery, adjustment of their credit limit of relevant accounts, and establishing or implementing a scheme of financial arrangement with them;
• conducting market research and surveys to improve Dalex Finance’s products and services;
• For marketing purposes, promotional events, competitions;
• To comply with any local or foreign laws, regulations, voluntary codes, directives, judgments or court orders, agreements between any member of Dalex Finance and any authority, regulator, or enforcement agency, policies (including the Dalex Finance policies), good practice, government sanctions or embargoes, reporting requirements under financial transactions legislation, and demands or requests of any authority, regulator, tribunal, enforcement agency, and exchange body;
• For the prevention, detection, investigation, and prosecution of crime in any jurisdiction
(including, without limitation, money laundering, terrorism, fraud, government sanctions
or embargoes, and other financial crime);
• To seek professional advice, including, in connection with any legal proceedings (including any prospective legal proceedings), for obtaining legal advice or for establishing, exercising or defending legal rights;
• Compliance with Dalex Finance policies and procedures, and any legal, regulatory, or business purposes
- 1. Any notice or other communication in connection with these terms and conditions (a “Notice”) shall be delivered: –
- by hand or registered post by courier using a recognized courier company.
- In writing in English, and to the Party due to receive such Notice at its address, via email or text message.
- A Notice shall be effective upon receipt, and in the absence of evidence of earlier receipt, shall be deemed to have been received
- if delivered by hand, when left at the address of the receiving Party’ if such delivery is during normal business hours.
- if sent by courier, forty-eight (48) hours after same is sent.
- if sent by text message, Whatsapp or email, on the sending device indicating that the notice has been duly transmitted.
- You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
- You agree not to authorize any other person or entity to use your username and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your SWIFT Advance Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at or call 024-243-5650.
Failure of either SWIFT Advance to insist upon the performance of any term or condition in this Agreement, or to exercise any rights under this Agreement, will not be construed as a waiver or relinquishment of the future performance of any such term or condition, or the future exercise of any such right, and the obligations of the client with respect to such future performance will continue in full force and effect.
These terms and conditions constitute the entire Agreement between the Parties hereto in relation to the loans being offered by SWIFT Advance.
This agreement may be amended at the sole discretion of Dalex SWIFT Advance and notice of such an amendment shall be made in writing to the client.
- If any of the terms and conditions contained in this offer are considered by a court of competent jurisdiction to be invalid, the court shall have the authority to limit such matters as the court deems proper in the circumstance and if any provision of this Agreement is void or unenforceable in part, it shall not affect the enforceability of the remaining portion of these terms and conditions.
- The construction, validity and performance of this Agreement shall be governed at all times by Ghanaian Law.
- The Parties shall act in good faith to amicably settle any dispute arising out of or in connection with this concessionary loan, including without limitation, any dispute as to the existence, scope, interpretation, validity, default or enforceability of these terms and condition. Any Dispute between the Parties shall be determined by the High Court, Commercial Division, Accra.
WARRANTY DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT:
(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR
(E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DALEX FINANCE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES;
(B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT;