DIGICEL SWIFT PAY

TERMS AND CONDITIONS

These Digicel Swift Pay Terms and Conditions (the "Terms") apply to you and govern your use of our online payment facility and your access to the Digicel Swift Pay Portal ("Swift Pay"), which allows users to make payments to any consumer/residential account with Digicel for its products and services including, but not limited to, mobile, fixed line, broadband and cable television, via the use of a credit card or a debit card. You should read these Terms carefully before using Swift Pay.

"We" or "us" means Digicel (Trinidad & Tobago) Limited, a company registered under the laws of the Republic of Trinidad and Tobago with registered offices at Third Floor, ANSA Centre, 11C Maraval Road, Port of Spain, Trinidad. References to "we", "our", "us" and "Digicel" in these Terms also include our subsidiaries and affiliates ("Affiliates") from time to time.

"You" means the person accessing or using Swift Pay or viewing its content (and "your" shall have the same meaning).

"Use" or "using" in these Terms means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Swift Pay, transmit, receive or exchange data or communicate with Swift Pay, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of Swift Pay, for any purpose whatsoever.

By using Swift Pay, whether occasionally, frequently or permanently, or by otherwise indicating your consent, you agree to be legally bound by these Terms. You are also bound by any other terms that apply to your Digicel services ("Service Terms"). If any provision of these Terms conflicts with any term in any Service Terms, the Service Terms prevail.

Any new features or tools, which are added at a future date to Swift Pay shall also be subject to these Terms. Modification of the Terms will done in accordance with Clause A of the Additional Terms and Conditions below.

If you do not agree to or accept any of these Terms, or if you are under the age of eighteen (18), you should not use Swift Pay.

How do I use Swift Pay?

To use Swift Pay, there is no need to register. You will be asked to provide the Digicel account number that you are making the payment towards, the amount that you are paying as well as your email address and your local mobile telephone number.
Will I get a receipt?

Upon payment and within 30 minutes after payment is received, you will receive an email acknowledging your payment, which will include a Date of Payment, Receipt Number, Account Number, Amount Paid, and Transaction Payment ID.
How secure is Swift Pay?

Payment transactions undertaken by you, via Swift Pay, shall be processed by First Atlantic Commerce ("FAC"). FAC is a payment gateway that processes credit and debit card payments online using their 3-D Secure technology.
What is Digicel's privacy policy?

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information and your rights in relation to your personal information. Our privacy notice is available at https://www.digicelgroup.com/en/privacy-policy.html
How can I give feedback to Digicel or make a complaint?

For customer support, to report a problem or to send us your feedback, please contact us through the customer support chat feature or use any of the "Contact Us" options for Digicel.

Additional Terms and Conditions

Rights and Obligations:
1. You shall be solely responsible for all necessary equipment, associated fees and costs incurred by you for connectivity and data usage in relation to your use of Swift Pay.
2. You agree to not: a) use any device or software to interfere or attempt to interfere with the proper working of Swift Pay, including but not limited to disrupting or intercepting it; b) use any robot, spider, other electronic device, automatic, or manual process, to hack, monitor or copy Swift Pay or any content published on it; or c) use Swift Pay in any other way that is inconsistent with these Terms.
3. When communicating with our customer care agents, you agree not to use any defamatory, threatening, obscene, or harmful language or language which would violate or infringe, in any way, the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive or discriminatory.
4. We have the right to immediately prevent you from accessing Swift Pay, if we determine, in our sole discretion, that you have breached these Terms.
5. We reserve the right to modify, suspend, remove or disable access to Swift Pay at any time, without notice. Consequently, we will neither be responsible towards you nor any third party for any modification, suspension, removal or discontinuance of Swift Pay.
Modification of these Terms: We reserve the right to revise these Terms, at any time and from time to time, for any reason in our sole discretion by posting updated Terms without advance notice to you. We shall post or display notices of material changes on Swift Pay's homepage and/or otherwise on Swift Pay; the form of such notice is at our sole discretion. Once we post them on Swift Pay, these changes become effective immediately and, if you use Swift Pay after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and regularly review the Terms and Privacy Policy, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
Indemnification and Waiver: You agree to hold harmless, and fully indemnify, us and our affiliates, directors, shareholders, employees, licensors, contract staff, partners, agents, from any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorney's fees, brought by third parties as a result of your use, misuse, or inability to use Swift Pay, or any violation by you of these Terms. You agree to refrain from taking any action or issuing any claim against us and our affiliates, directors, shareholders, employees, or agents with respect to our use of Swift Pay or any action undertaken by us in which we have removed any product, service, information or content, or taken any other action during the investigation of a suspected violation.
Warranty and Limitation of Liability: Swift Pay is provided "as is" and without warranty or covenants of any kind, whether express, implied or statutory, as to any services available via Swift Pay, including but not limited to implied warranties of fitness for a particular purpose, accuracy, completeness, reliability and non-infringement. We do not authorize anyone to make any warranty of any kind on our behalf and in no event shall we, our affiliates, directors, shareholders, employees, licensors, contract staff, partners, officers or agents be liable for any damages whatsoever, including, but not limited to any incidental, consequential, special, exemplary or other damages directly or indirectly arising out of: (a) the use of or unavailability of Swift Pay; (b) any action taken in reliance on, or response to, any content or information published on Swift Pay; (c) any transaction facilitated by or conducted via Swift Pay, (d) any cancellation or claim attributable to errors, omissions or any inaccuracy in information published on Swift Pay or provided by you while using Swift Pay; or (e) any other matter in connection with Swift Pay, however caused, even if we have been advised of the possibility of such damages.
Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our service (or any part thereof).
Force Majeure. In no event shall we be responsible or liable for any failure or delay in the performance of our obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond our control, including, but not limited to, strikes, work stoppages, epidemic, pandemic, fire, flood, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that we shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
Unauthorized Use: We are not liable for any loss or harm caused or related to the theft or misappropriation of your credit or debit card, disclosure of your payment information, your authorization of anyone else to use your credit or debit card. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your credit or debit card.
Governing Law and Dispute Resolution: These Terms and your use of Swift Pay are governed by the laws of the Republic of Trinidad and Tobago and both you and us hereby submit to the non-exclusive jurisdiction of the courts of the Republic of Trinidad and Tobago. Any dispute or claim relating to or in connection with the execution or enforcement of these Terms or use of Swift Pay, including without limitation, any dispute regarding the validity, interpretation, enforceability or breach of which, will be finally resolved by the competent judicial authorities established in the Republic of Trinidad and Tobago.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Severance: If any of these Terms is determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and the remainder of these Terms shall continue to have full force and effect.
Assignment: Digicel may assign its rights and obligations under these Terms to any of its affiliates and any time. You may not transfer or assign any obligations or responsibilities arising from these Terms to anyone else in any way and may not make anyone else a partner to responsibilities written in these Terms and therefore in related legal provisions due to any reason.

These Terms were created on 15th March, 2023.