Please read the Terms of Use carefully before using the Swift Virtual Services website www.swiftvirtualservice.com (“Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by this Terms of Use, and to the collection and use of your information as set out in our Privacy Policy. This is a legally binding agreement. If you do not agree with the Terms of Use, you should not use our Site.

We reserve the right to make, without notice, unilateral modifications to these terms. The most up to date version will be made available on our Site.

We agree to provide you access to our Site in accordance with the Terms of Use.

Swift Virtual Services is the sole interpreter of the Site’s intended and acceptable use.

Our Site is provided on an “as is” and “as available” basis.

All articles and material displayed by us on our Site are for information only and are no substitute for legal advice.

Swift Virtual Services may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

You may not

• use the website or service in any manner or for any purpose other than that which is expected.
• directly or indirectly, intentionally disrupt or interfere with the Site or Services in any manner that may materially adversely affect Swift Virtual Services, you or any third party.
• submit, upload, post, e-mail or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
• use the Site or Services for any purpose or in any manner that violates any local law or regulation or the law or regulation of any foreign government including but not limited to scripts, bots and other software, to try to collect information from the Site or to unlawfully access any of its servers.
• modify, copy, distribute, republish or upload any of the material on our Site without our prior written consent. No intellectual property or other rights shall be transferred to you.
  
  

Our Site may contain links, recommendations and information for third-party materials that are not owned or controlled by Swift Virtual Services. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service, purchase a product or service, and/or engage a third-party from the Site, you do so at your own risk, and you understand that this Agreement and Swift Virtual Services’ Privacy Policy do not apply to your use of such third-party sites, services or products. You expressly relieve Swift Virtual Services from any and all liability arising from your use of any third-party website, service, product or content.

To the fullest extent permitted by applicable laws, we on behalf of our employees, agents, suppliers, and contractors exclude liability for any damage, losses and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss or damage caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses or damage of any kind or character, even if we has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this our Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

The Terms of Use contain the entire understanding between us with respect of our Site and no representation, statement, inducement oral or written, not contained herein shall bind either of us.

Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

This Agreement is governed by the laws of the South Africa, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate our Site and/or its affiliates’ intellectual property rights, we and/or our affiliates may seek injunctive or other appropriate relief in any court in South Africa, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

• If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Pietermaritzburg, South Africa. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
• If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Pietermaritzburg, South Africa. All arbitrations shall be conducted in accordance with the provisions of the South African Arbitration Act, No 42 of 1965, subject to the provisions of this agreement. All disputes shall be referred to the President of the KwaZulu-Natal Council of the Legal Practice Council with a request that s/he appoint an arbitrator as the case may be, in accordance with the provisions of this agreement. We further agree to accept any arbitrator appointed by such President. We further agree that the appointed arbitrator may awards costs and such award shall be binding.
  
  

Should any dispute be determined to be frivolous or an act of bad faith by either the mediator or the arbitrator, the mediator or the arbitrator as the case may be, shall award any and all costs to the party undertaking the frivolous action or acting in bad faith.

By using this Site and therein exercising this agreement, you agree to act at all times in good faith.

Contacting us

If you have any questions about these Terms of Use, please contact us at:

Swift Virtual Services
www.swiftvirtualservice.com
enquiries@swiftvirtualservice.com

This document was last updated on 6 January 2021