SwitchTransact Terms and Conditions
Last updated on July 22, 2021
Your acceptance of the following Terms and Conditions constitute an agreement between you and the Verge Technologies (Verge) a technology company, the operator of switchtransact.com (the “Site”), a platform for collections and Customer relationship management. These Terms and Conditions govern your use of the Site, both as a casual visitor and as a registered user.
If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms and Conditions on behalf of such individual or entity, with the understanding that all responsibilities remains with the individual or entity on behalf of who you enter Personal Information.
Verge offers the Site "AS IS" and without warranties.
1. About the Site
1.1 Everything we offer on the Site is referred to in these Terms and Conditions collectively as Services.
1.3 You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”), which is provided to you on the Site (including Information provided in direct response to your questions or postings), may be provided by individuals, which Information is solely to provide you with assistance, and cannot be taken to constitute the only truth in respect thereof.
2. Verge Does Not Guarantee Anything
2.1 The Information, which you obtain or receive from the Site, or from the Verge, or the employees of Verge, or its contractors, or partners, or sponsors, or advertisers, or licensors or otherwise included on the Site, is for information purposes only.
2.3 Your use of information provided on the Site is solely at your own risk.
2.5 If you rely entirely on any of the Information provided by the Site, you do so solely at your own risk.
3. Site Content
3.1 We make the content on the Site available as a service to Verge users for the purposes of providing an informative and educational resource, and to also serve as an interactive service for Verge user administration and the issue of user specific official Verge documentation.
3.2 We may, but have no obligation to have Information posted on the Site reviewed by the Site’s editorial personnel, but cannot guarantee the timeliness and accuracy of any or all of the Information on the Site. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of the information on the Site, can assure you that the Information contained herein is in every respect 100% accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from your use of such Information, despite us having taken all and every precaution to be as accurate as humanely possible with the Information provided.
3.3 You are thus explicitly encouraged to also independently confirm the Information contained herein with other sources and to seek the advice of additional qualified sectoral professionals.
4.1 As part of the registration process, you will provide an Email address and create a password to enter to gain access to the site. These are your credentials for accessing the Services, which are only available to Verge users ("Credentials").
4.2 You should keep your Credentials private and not share your Credentials with anyone else.
4.3 You are responsible to immediately notifying us if your password has been hacked or stolen by sending an Email to email@example.com
5. Your Personal Information
5.1 In order to register, you must provide certain minimum Personal Information about yourself.
6. Your Responsibilities
6.1 You are responsible for your use of the Site.
6.2 You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services.
6.3 You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
6.4 Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
6.4.1 copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
6.4.2 remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or any other material obtained via the Site and/or the Services;
6.4.3 use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index, any portion of the Site and/or the Services;
6.4.4 access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews;
6.4.5 reformat or frame any portion of the web pages that are part of the Site and/or the Services;
6.4.6 use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
6.5 In addition to our rights in these Terms and Conditions, we may take any legal action and implement any technical remedies to prevent the violation of the provisions in this paragraph, and to enforce these Terms and Conditions.
7. Changes to These Terms and Conditions
7.1 We may change these Terms and Conditions at any time, as and when we deem it necessary, reasonable and appropriate. Upon any change in these Terms and Conditions, we will post the amended agreement on the Site; we shall notify you of such changes by means of the different electronic communication methods we have at our disposal and have access to.
7.2 Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms and Conditions, the modification, and agreement to abide and be bound by the Terms and Conditions, as amended.
7.3 However, if at any time you choose not to accept these Terms and Conditions, including following any such modifications hereto, then please do not use the Site.
8. Changes to the Services
8.1 We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services.
8.2 Information about the new Services will be included on the Site, and the use of new Services will be governed by these Terms and Conditions.
8.3 You agree that Verge or switchtransact.com will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
9. Links to Other Sites
9.1 the Site may include links to other websites, including links provided as automated search results. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide.
9.2 You acknowledge and agree that we are not responsible or liable for the content or accuracy of such other sites.
10. Additional Terms
10.1 Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms and Conditions.
10.2 If you choose to register for, or access any such Services, you will be presented with any relevant additional Terms and Conditions which might apply at that time. By using those Services, you agree to comply with such additional guidelines and rules.
11. No Spam
11.1 You may not use contact information provided by our users or Collaborating Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM.
11.2 You may not allow others to use your account to violate the terms of this paragraph.
11.3 We may terminate your account or access to the Site immediately and may take appropriate legal action if it can be proven that you or anyone using your Credentials violates these provisions.
12. Your Use of the Content
12.1 All of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties.
12.2 You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Verge or switchtransact.com proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services and/or the Site.
12.3 You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever.
12.4 Except as is expressly and unambiguously provided herein, Verge or switchtransact.com and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Verge or switchtransact.com to you, are retained by Verge and/or switchtransact.com
13. Disclaimer of Warranties & Guarantees
13.1 We have no special relationship with or fiduciary duty to you.
13.2 You acknowledge that we have no control over, and no duty to take any action regarding:
- which users gain access to the Site and/or the Services;
- what content you access via the Site and/or the Services;
- what effects the content on the Site and/or the Services may have on you;
- how you may interpret or use the content on the Site and/or the Services, or;
- what actions you may take as a result of having been exposed to the content on the Site and/or the Services.
13.3 You release us from all liability for you having acquired or not acquired content through the Site and/or the Services.
13.4 We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services.
13.5 We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.
13.4 We provide the Site and/or the Services “as is”, “with all faults” and “as available.” We make no express or implied warranties or guarantees about the Services.
13.5 To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Site and/or the Services, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.
13.5 We do not guarantee that the results that may be obtained from the use of the Site and/or the Services will be effective, reliable or accurate or will meet your requirements.
13.6 We do not guarantee that you will be able to access or use the Site and/or the Services (either directly or through third party networks) at all times or at all locations of your choosing.
13.7 We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Site and/or the Services or any other data or information provided or received through the Site and/or the Services.
13.8 Except as expressly set forth herein, Verge and switchtransact.com make no warranties about the information systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information, despite taking all humanely possible and necessary precautions to ascertain the integrity of the afore mentioned.
13.9 Verge and switchtransact.com do not warrant that the Site and/or the Services will operate error-free, that loss of data will not occur, or that the Services, software or the Site are free of computer viruses, contaminants or other harmful items, despite taking all humanely possible and necessary precautions to ascertain the integrity of the aforementioned.
14. General Limitation of Liability
14.1 Neither Verge or switchtransact.com nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Site and/or the Services or content provided from and through this Website.
14.2 In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Site and/or the Services.
14.3 These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.
14.4 Neither Verge nor switchtransact.com make any representations or warrants, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors.
14.5 The Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Condition that the Service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
14.6 Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Verge or switchtransact.com and you are encouraged to always consult other sources of advice before taking any course of action related to information, ideas or opinions expressed on this Website.
15.1 We may terminate and/or suspend your registration immediately, without notice, if there has been a proven violation of these Terms and Conditions or other policies and terms posted on the Site by you or by someone using your Credentials.
15.2 We may also cancel or suspend your registration for any other good reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Verge or switchtransact.com shall not be liable to you or any third party for any termination of your access to the Site and/or the Services done within good reason as the result of your proven transgression of the content of 15.1.
15.3 You further agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register once you are declared Active again).
16.1 Upon a request by us, you agree to indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to:
- your access to the Site and/or the Services;
- your use of the Site and/or the Services, or;
- the violation of these Terms and Conditions, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials.
16.2 The foregoing indemnity obligation does not apply to liabilities, claims and expenses arising as a result of our own proven gross negligence or intentional misconduct.
17. Electronic Contracting and Notices
18. Copyright Dispute Policy
18.1 It is Verge and/or switchtransact.com policy to block access to, or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, users or users; and to remove and discontinue Service to repeat offenders.
19. Procedure for Reporting Copyright Infringements
19.1 If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to our Designated Copyright Agent ("Proper Bona Fide Infringement Notification") at firstname.lastname@example.org:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Designated Copyright Agent will be capable of finding and verifying its existence;
- Contact information about yourself, including address, telephone number and, if available, email address;
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
20. Upon Receipt of a Bona Fide Infringement Notification
20.1 Once a Proper Bona Fide Infringement Notification is received by the Designated Copyright Agent, it is Verge or switchtransact.com policy:
- to remove or disable access to the infringing material;
- to notify the content provider, user or user that it has removed or disabled access to the material; and
- that for repeat offenders, Verge or switchtransact.com will also terminate such content provider's, user's or user's access to the Service.
21. Procedure to Supply a Counter-Notice to the Designated Agent
21.1 If the content provider, user or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, user or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, user or user must send a counter-notice containing the following information to the Designated Copyright Agent listed below:
- A physical or electronic signature of the content provider, user or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, user or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The content provider's, user's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the High Court for the judicial district in which the content provider's, user's or user's address is located, or if the content provider's, user's or user's address is located outside the Republic of South Africa, for any judicial district in which Verge or switchtransact.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
22.1 When a counter-notice is received by the Designated Copyright Agent, Verge or switchtransact.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days.
22.2 Unless the copyright owner files an action seeking a court order against the content provider, user or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Verge or switchtransact.com discretion.
23. Entire Agreement
23.2 If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23.3 The failure of Verge or switchtransact.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
23.4 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
24. Choice of Law and Dispute Resolution
24.1 These Terms and Conditions shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Republic of South Africa as applied to contracts made and to be performed entirely within the Republic of South Africa, without giving effect to the country’s conflicts of law statute.
24.2 Any controversy, dispute or claim arising out of or related to these Terms and Conditions or your use of the Site and/or the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the Gauteng province of South Africa. The arbitration tribunal shall consist of one arbitrator.
24.3 The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court, or application may be made to any competent court, for judicial acceptance of such decision or award and an order of enforcement.
24.4 The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
25.1 Account in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions.
25.2 By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the Terms and Conditions set forth herein.
25.3 The Site is administered in South Africa and intended for South African users; any use outside of South Africa is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
25.4 This website is governed by the laws of South Africa and Vergechooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
26. Payment options accepted
26.1 Payment may be made via Visa, MasterCard Cards, Debit Orders or by bank transfer into Verge's bank account, the details of which will be provided on request.
27. Card acquiring and security
27.1 Card transactions will be acquired for Verge via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
28. Customer details separate from card details
28.1 Customer details will be stored by Verge separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
29. Merchant Outlet country and transaction currency
29.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
30. Return/Refund/Delivery policy
30.1 The terms and conditions are bound by the return/refund/delivery policy that can be found here.
31.1 Verge takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
32.1 Verge may, in its sole discretion, change this agreement or any part thereof at any time without notice.
323. Company Information
33.1 This webSitesite is run by Verge Technologies (Pty) Ltd based in South Africa with registration number 2014/163845/07.
35. Verge contact details
35.1 Company Physical Address: 3 Mentha Place, Boardwalk Manor, Pretoria, 0081. Email: email@example.com / firstname.lastname@example.org. Telephone: 012 012 5030