Terms of Service

Last updated: January 21st, 2025

1. Acceptance of Terms

These SwyftLink Errand Services Global Terms of Service (the “Terms of Service” or the “Terms”) constitute a legally binding agreement between the User (defined below) of the Platform (defined below) (“you” or “your”) and Swyft Trading Ghana Limited, (together with its Affiliates (defined below), “SwyftLink Errand Services”, “we”, “us” or “our”) governing your use of SwyftLink Errand Services’ website (including https://errands.swyftlink.com/) (referred to as, the “Website”), and related services, information and communications  (collectively referred to herein as the “Platform”).

The use of all personal data you submit to the Platform or which we collect about you is governed by our Privacy Policy. 

You accept without limitation or qualification the Terms of Service, including the Privacy Policy at https://errands.swyftlink.com/privacy-policy/ and the Fees, Payments, Cancellation and Refund Terms at https://errands.swyftlink.com/payment-cancellation-terms/ which are incorporated by reference into these Terms of Service. These Terms, together with the Privacy Policy (which are each incorporated by reference, and referred to collectively, herein as the “Agreement”), governs your access to and use of the Platform.  The Agreement also includes all other supplemental policies and terms referenced and/or linked to within these Terms or which are otherwise made available to you, all of which also apply to your use of the Platform and are incorporated into the Agreement by reference. 

We may amend these Terms of Service at any time by posting a revised version on the Website. However, an individual notice will not be sent to you. Any amended Terms of Service shall replace all previous versions of the same. If you do not agree to the amendments or changes to the Terms of Service, you should immediately cease use of any of the services on the Website. After any such amendment becomes effective, we will deem your continued use of the Website to constitute acceptance and agreement to such amendment. You can review the most current version of the Terms of Service at any time at https://errands.swyftlink.com/terms-service/.

We will, from time to time, post on the Website, policies, guidelines, and rules relating to the use of the Platform and the Household Services. All such policies, guidelines or rules are hereby incorporated by reference into the Terms of Service.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION), THE AGREEMENT (INCLUDING, ALL TERMS INCORPORATED HEREIN BY REFERENCE).

IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

 
2. The Platform

2.1. Online Services Request 

The Platform is a service-oriented platform that provides support for various tasks or errands on behalf of individuals, businesses or organizations. “Client(s)” are individuals and/or businesses seeking to obtain short-term services (“Task(s)”). Clients are referred to herein together as “User(s)”. Errand executors or Taskers are either employees of the Platform herein referred to as “Employee(s)” or third-party independent business owners acting as partners herein referred to as “Partner(s)” who providing services under their own name or business name (and not under SwyftLink Errand Services’ name), using their own tools and supplies.  We assess each service request on a case-by-case basis and assign the appropriate Employee or Partner to the task. Users communicate directly with us and we contract suitable Employees and or Partners to execute the tasks. Users who contact Employees or Partners independently or outside the Platform do so at their own risk and are fully liable.  

Any reference to a Employee or Partner being licensed or credentialed in some manner, or being “badged”, “reliable”, “reliability rate”, “elite”, “great value”, “background checked”, “vetted” (or similar language) indicates only that the Employee or Partner has completed or met certain verification criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Users to evaluate the suitability of an Employee or Partner to a certain task and to help Users make their own decisions about the identity and suitability of Employee or Partner whom we recommend; and (ii) is not an endorsement, certification or guarantee by SwyftLink Errand Services of a Employee’s or Partner’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.  

Notwithstanding any feature or service of the Platform that a User may use to expedite Employee or Partner approval, the User is responsible for determining the Task and approving or otherwise rejecting our Employee or Partner and should undertake their own research prior to approval of an Employee or Partner to be satisfied that a specific Employee or Partner has the right qualifications for their Task. 

2.2. SwyftLink Errands Services’ Role 

The Platform is not an employment agency. The Platform is a service request platform for the following services; (i) Third-Party Site & Building Project Monitoring, (ii) Business Monitoring & Operations Surveillance, (iii) Construction & Logistic Support, (iv) Document Management, (v) Escrow Services, (vi) Goods Purchase and Forwarding, (vii) Relocation & Resettlement Support, (viii) Short-Term Rental Property Management, (ix) Specialized Task Execution, herein collectively referred to as “Service(s)”.  SwyftLink Errand Services employs individuals and/or subcontracts Partners to perform Tasks. For all Tasks performed by Employees, we provide supervision, monitoring, tools and supplies. Partners are independently responsible for execution of tasks and we do not take any liability for tasks performed by our Partners. Users should always refer to the Terms of Service of our Partners before approving them to carry out your Tasks. 

Users hereby acknowledge and agree that (a) SwyftLink Errands Services does not (i) supervise, control or monitor Partners’ work, nor provide tools or supplies to, or pay any expenses of our Partners, or (ii) have any control over our Partners’ quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks of Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications of our Partners, and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for SwyfLink Errands Services nor any employment or other relationship between SwyfLink Errands Services and the Users that is outside the scope and specifications of the said Service Agreement. Employees, Partners and/or Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, SwyfLink Errands Services. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of SwyftLink Errands Services. 

2.3. License to Users  

Subject to your compliance with the terms of the Agreement (including, without limitation, these Terms and SwyftLink Errands Services’ Acceptable Use Policy), SwyftLink Errands Services grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), and (b) access and view any content, information and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform.  All Users are subject to, and agree to comply with, the Acceptable Use Policy in their use of the Platform.  Users may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Platform or anything therefrom or thereon (in whole or in part) without SwyftLink Errands Services’ prior written consent.  Any rights not granted by SwyftLink Errands Services are expressly reserved.

2.4. User Representations and Warranties  

In your access to and use of the Platform, you represent and warrant that you:

  • will comply fully with the terms of the Agreement, including, without limitation, these Terms and the Acceptable Use Policy and other Supplemental Terms;
  • are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
  • have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement); 
  • will only request and/or perform (as applicable) Tasks in a country where the Platform has a presence;
  • will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or SwyftLink Errands Services  without obtaining the prior written consent of SwyftLink Errands Services and/or the relevant User, as applicable;
  • will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the Chat Thread, and being present and/or available at the time you agree upon with other Users); 
  • will only utilize the third-party payment service (as defined in the Fees, Payments, Cancellation and Refund Terms) to make or receive payment for Tasks;
  • will use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile;
  • will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform; 
  • will not use the Platform for the purchase or delivery of controlled or illegal substances or services; and
  • will ensure that all communications regarding Tasks (including, without limitation, scoping and payments and any questions relevant to Tasks), remain  only between designated SwyftLink Errands Services’ representative and User and not our Employees or Partners, before, during and after the Task.

2.5. Employee and Partner Representations and Warranties.  

If you are an Employee who executes Tasks or a Partner of SwyftLink Errands Services, you additionally represent and warrant that, in your execution of Tasks, you:

  • are operating as an Employee or when a Partner as a  sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
  • have the unrestricted right to work in the jurisdiction in which you perform Tasks;
  • have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license) where applicable to Employees and/or Partners;
  • will not directly contact users with regard to performing a task assigned to you by SwyftLink Errands Services and only communicate with designated SwyftLink Errands Services representatives before, during and after executing a task.
  • will respond to invitations promptly from SwyftLink Errands Services; provide timely, high-quality services to Users as agreed in the Service Agreement; only offer and provide Tasks for which you have the necessary expertise to perform; and perform the Tasks as agreed in the Service Agreement in a safe manner; and 
  • will promptly disclose to SwyftLink Errands Services in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your execution of a Task.
 
3. Use of the Platform

3.1. You agree to comply with the Acceptable Use Policy in using the Platform. In carrying out any transactions with us on or in relation to the Platform, you warrant that:

  •  you are using your actual identity;
  • the personal data that you have provided to us are true, accurate, complete, and current; and
  • you will maintain and promptly update your personal particulars and ensure that such information is kept true, accurate, complete, and current.
  • Children (users below the age of 18 years) are not eligible to use the Platform or provide any personal data on the Platform.
  • We will not be liable for any loss or damage arising from your failure to comply with this Clause. 

3.2. Registration.  

Our platform does not require users to create accounts. However, users must provide mandatory personal information including email validation when:

  • Submitting a service request.
  • Contacting us for support or inquiries or partnership

This information is used solely for fulfilling the requested services or providing support as outlined in our Privacy Policy. Users must provide only correct and accurate information (such as, without limitation, your full name, business name, mailing address, email address, telephone number, delivery or project address (if applicable) and/or service-specific information (e.g., project details, item specifications)). You agree to immediately notify SwyftLink Errand Services (at support@swyftlink.com) of any changes to your personal  information.  If any such change relates to ownership of your telephone numbers, you may notify SwyftLink Errand Services by contacting us at support@swyftlink.com.  Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or SwyftLink Errand Services termination of this Agreement with you.  SwyftLink Errand Services may restrict anyone from using the Platform if we determine such a person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern. You are solely responsible for ensuring the accuracy of the information you submit. Failure to provide complete or accurate information may result in delays or inability to process your request. 

3.3. Employee and Partner Onboarding

(i) Background Checks.  To the extent permitted by applicable law, Employees and Partners may be subject to a review process before they can be contracted as Taskers of SwyftLink Errands Services, which may include, but is not limited to, identity verification and criminal background checks, using third party services as appropriate (“Background Check(s)”).  If as an Employee or Partner, to the extent permitted under applicable law, you agree to undergo such Background Checks.  SwyftLink Errands Services cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Employees or Partners.

(ii) Professional Licensing.  SwyftLink Errands Services verifies that Employees and Partners have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Tasks.   Users are solely responsible for determining if an Employee or Partner has the skills and qualifications necessary to perform the specific Task before approving them to undertake the said task. SwyftLink Errands Services cannot, and does not, assume any responsibility or liability for the accuracy or reliability of professional licensing information, nor for any false or misleading statements made by Employees or Partners.

3.4. Service Agreement.  

The Platform allows Users to search for and request services.  After identifying and selecting a service, the User sends SwyftLink Errands Services a service request via the Platform. Users must provide the required personal information, service details, and any additional information necessary for successful fulfillment. SwyftLink Errands Services access the service request within 24 hours of receipt  to understand the scope, schedule and other details of the request and assign an Employee and/or Partner to the User through their email. We reserve the right to accept or decline any service request at our sole discretion. A service agreement or quotation hereon collective referred to as “Service Agreement” will be provided, outlining fees, timelines, and specific details to be fulfilled by SwyftLink Errands Services. Users’ confirmation and approval of our service agreement or quotation constitutes acceptance of these terms and other policies linked to this Terms of Service thereof. Services will be rendered in accordance with the agreed terms. In case of delays or unforeseen issues, we will promptly notify you and propose reasonable alternatives. We will communicate with you via the contact details provided during your request submission. You are responsible for responding promptly to any queries or requests for additional information. The Users, Employees and Partners all agree to comply with the Service Agreement and the Agreement during the engagement, performance and completion of a Service. Some Services may involve third-party contractors or vendors known in these Terms as Partners. We are not liable for the acts, omissions, or errors of our Partners once you approve them to execute your task. The User assumes full and sole responsibility for the acts and omissions of Partners. 

3.5. User Obligations

You agree to:

  • Provide accurate, current, and complete personal information required for service fulfillment.
  • Clearly communicate service requests, including all necessary details, deadlines, and instructions.
  • Ensure any materials, documents, or goods provided to us for service are lawful and comply with applicable regulations.
  • Refrain from using the platform or services for illegal, fraudulent, or unauthorized activities.
  • Treat Employees or Partners with respect, in accordance with any policies, guidelines and rules introduced by us, and not engage in any unlawful, abusive, threatening or harassing language, behaviour or conduct while engaging with Service Partners or using the Household Services;
  • Not cause damage to any property or equipment of a Employees or Partners; and
  • Not contact Employees or Partners directly without going through designated SwyftLink Errands Services’ of the Platform or for any purposes other than to receive and use the Household Services.
  • By submitting a service request or contacting us, you consent to the collection and use of your personal data in accordance with our Privacy Policy. Personal data is used strictly for service fulfillment and support.

3.6. Prohibited Uses
You agree not to:

  • Use the Services for any unlawful purpose.
  • Submit false, misleading, or fraudulent information.
  • Interfere with the operation of the platform or our ability to provide Services.
  • Attempt to gain unauthorized access to any systems or data.
 
4. Fees, Payment, Cancellation and Refund

The terms relevant to fees (including SwyftLink Errands Services’ fees), invoicing, payment (including for Services, and any other amounts owed by Users hereunder) and cancellation, are set out the Fees, Payments, Cancellation and Refund Terms, which applies to your access to and use of the Platform.  Unless otherwise expressly stated in this Agreement together with other terms and policies which are incorporated by reference, all fees (including, without limitation, the Service Payment and all SwyftLink Errands Services’ fees) are non-refundable. 

 
5. Contests and Promotions

SwyftLink Errands Services may, from time to time, provide certain optional promotional opportunities and contests to Users. All such optional promotional opportunities will be run at the sole discretion of SwyftLink Errands Services, will be subject to the terms and conditions governing the same, and can be implemented, modified, or removed at any time by SwyftLink Errands Services without advance notification. The liability of SwyftLink Errands Services and Affiliates relevant to such promotional opportunities and contests, shall be subject to the limitations set forth in these Terms.

 
6. Disclaimer of Warranties

Use Of The Platform Is Entirely At Your Own Risk

THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED. 

WITHOUT LIMITING THE FOREGOING, SWYFTLINK ERRANDS SERVICES AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES”, AND TOGETHER WITH SWYFTLINK ERRANDS SERVICES):

  1. MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY TASK OR SERVICE PROVIDED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (III) THE TASKS OR SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, OR OTHERWISE) (INCLUDING, BUT NOT LIMITED TO, AS TO ANY EMPLOYEE OR PARTNER ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSURE); 
  2. DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED;
  3. WE RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY AND DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY SERVICES OF THE PLATFORM (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF SUCH SERVICES;
  4. DO NOT WARRANT THAT THE PLATFORM IS OR WILL (1) MEET YOUR REQUIREMENTS (2) BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (3) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; 
  5.  MAKE NO WARRANTY THAT (1) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; AND (2) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS;  
  6. CANNOT AND DO NOT ENDORSE, AND CANNOT BE RESPONSIBLE FOR, THE MESSAGES, VIEWS, OPINIONS, AND RECOMMENDATIONS REGARDING THE SERVICE PARTNERS, OR ADVOCATE ANY PATRONAGE OF ANY PARTICULAR SERVICE PARTNERS, NOR DOES THE INCLUSION ON THE PLATFORM OF A LINK TO OTHER WEBSITE(S) OR RESOURCES IMPLY ANY FORM OF ENDORSEMENT BY US; 
  7. MAY MONITOR OR REVIEW ANY AREAS ON THE PLATFORM WHERE YOU TRANSMIT COMMUNICATIONS WITH SERVICE PARTNERS FOR THE PURPOSE OF PROMOTING ITS EFFICIENCY, USEFULNESS, AND APPROPRIATENESS OF USE. HOWEVER, WE DO NOT UNDERTAKE TO MONITOR OR REVIEW EVERY COMMUNICATION, AND WE DISCLAIM ANY AND ALL LIABILITY RELATING TO COMMUNICATIONS BETWEEN YOU AND SERVICE PARTNERS; 
  8. ALTHOUGH MAKE AVAILABLE INFORMATION AND DATA ON THE PLATFORM, INCLUDING FACTS, VIEWS, AND OPINIONS, WE AND OUR CONTENT PROVIDERS ARE NOT GIVING OR PURPORTING TO GIVE OR REPRESENTING OR HOLDING THEMSELVES OUT AS GIVING FINANCIAL, INVESTMENT, TAX, LEGAL AND OTHER PROFESSIONAL ADVICE. YOU SHALL ALWAYS SEEK THE RELEVANT PROFESSIONAL ADVICE BEFORE OTHERWISE MAKING ANY SUCH DECISIONS; AND 
  9. DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BY ANY EMPLOYEE OR PARTNER, AND SWYFTLINK ERRANDS SERVICES WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WHILE THE INFORMATION ON THE PLATFORM HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, NONE OF THE DATA, NEWS, INFORMATION, REPORTS, OR OPINIONS NOR ANY OF THE RECOMMENDATIONS (IF ANY) HAS BEEN CUSTOMISED FOR ANY SPECIFIC PERSON OR CLASS OF PERSONS. THEREFORE, PLEASE USE THE PLATFORM AT YOUR OWN RISK.

 
7. Indemnification 

SwyftLink Errands Services reserve the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of SwyftLink Errands Services. If you are a User, you agree to indemnify, defend, and hold harmless SwyftLink Errands Services and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your breach or violation of the Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Platform; (v) any User Generated Content and/or Feedback submitted by you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any of our subsidiaries, affiliates, officers, agents or other partners, and employees (vii) use of the Platform by someone using your account and a violation of these Terms of Service by you or by any person using your account.

 
8. Limitation of Liability 

8.1. You acknowledge and agree that SwyftLink Errands Services is only willing to provide the Platform to you if you agree to certain limitations of our liability to you and third parties, as set out in this Section and elsewhere in the Agreement. 

8.2. Therefore, you acknowledge and agree that, to the extent permitted by applicable law,  under no circumstances will SwyftLink Errands Services, employees or Affiliates be responsible or liable (whether in contract, warranty, tort or otherwise) for, and such parties expressly disclaim, any and all liability, claims, demands, damages, and shall not be liable to you for any direct, indirect, incidental, special, consequential, economic, or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, or any damage or loss resulting from including but not limited to:

  • the use or the inability to use the Platform
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Platform;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the Platform; 
  • any other matter relating to the Platform;
  • delays or disruptions in service;
  • delays or failures caused by events beyond our control, such as natural disasters, labor strikes, technical failures, or government actions;
  • errors by third-party contractors;
  • expenses (including attorneys’ fees and costs);
  • computer damage, system failure, failure to store any information; 
  • the cost of substitute products or services; 
  • governmental obligations; 
  • suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed.

8.3. We strive to provide high-quality services but do not guarantee:

  • uninterrupted or error-free service.
  • that all tasks will meet specific user expectations unless explicitly agreed in the service terms.

8.4. Some tasks may involve third-party service providers. We are not responsible for delays, errors, or damages caused by third parties, but we will take reasonable steps to resolve issues.

8.5. To the extent permitted by applicable law, if, notwithstanding the foregoing exclusions, it is determined that the SwyftLink Errands Services, employees or Affiliates are liable for damages, in no event shall our aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total cash payment for Services actually made by you to us in the one (1) month period immediately preceding the event giving rise to any claim by you.

8.6. Any claim of any by you and any action against SwyftLink Errands Services must be commenced within one (1) year after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.

 
9. Privacy Policy

9.1 All personal data about you is subject to our Privacy Policy at https://errands.swyftlink.com/privacy-policy/.

9.2 The Privacy Policy at https://errands.swyftlink.com/privacy-policy/ is deemed incorporated into the Terms of Service by reference to this Clause.

 
10. Termination

10.1. You may terminate the Agreement between you and SwyftLink Errands Services at any time by ceasing all use of the Platform. We may, without prior notice, at any time, at our sole discretion immediately terminate or cease providing access to the Platform. Cause for such termination shall include without limitation:

  • breaches or violations of the Terms of Service, Acceptable Use Policy, or other incorporated documents, guidelines or rules;
  • request by law enforcement or other government agencies;
  • self-initiated termination;
  • infringement of intellectual property rights of others;
  • discontinuance or material modification to the services on the Platform, or part thereof;
  • any unlawful, abusive, threatening or harassing language, behaviour or conduct by you;
  • unexpected technical or security issues or problems;

10.2. Termination of your account shall result in:

  • removal of access to and barring of further use to all offerings of the Platform; and
  • deletion of all your related information, files and content associated with or inside your use of the Platform (or part thereof).

10.3 Even after your right to use the Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. SwyftLink Errands Services reserves the right to take appropriate legal action pursuant to the Agreement. Upon termination, all pending services and obligations will be handled in accordance with the terms of the specific service agreement.

 
11. Intellectual Property Rights

11.1. All materials published or available on the Platform including, but not limited to text, graphics, photographs, designs, code, data, compilations and/or software (collectively, “Content”) are our property or the property of our content suppliers. No Content may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any manner and in any form without our express, prior written approval, and the approval of the respective copyright and trademark holders.

11.2. Upon your upload of Content, you shall hereby grant us a worldwide, royalty-free, irrevocable, fully paid up, sublicensable licence to use, store, host, reproduce, modify, adapt, watermark, communicate, publish, publicly perform, publicly display, create derivative works, and distribute the Content. By uploading the Content, you warrant that you own the copyright of the Content and thus have the requisite rights to license it to us as stated. To the fullest extent permitted by applicable law, you hereby irrevocably waive all moral rights, including rights to be identified, in respect of the Content to which you may be entitled under applicable laws in force anywhere in the world. We shall have the right to watermark the photographs within the Content and the copyright in the final watermarked photographs shall belong solely to us.

11.3. The service marks, logos and trademarks of SwyftLink Errands Services (the “Marks”), are owned by SwyftLink Errands Services and its Affiliates. The Marks are not available for use by Users.  You may not copy or use the Marks without obtaining SwyftLink Errands Services’ express prior written consent. 

11.4. The Platform and Content is for your personal use only, and you may not engage in any dealings with other parties regarding the Platform and Content and Marks. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the Platform.

 
12. Third-Party Website and Services

12.1. Where the Platform links to any website or service operated by a third party, we shall not be responsible or have any liability for the operation or content of such site or service, or to any changes or updates to such sites. We shall not be responsible to you in relation to any loss or harm caused by such third parties.

12.2. Links to third-party websites) (such as, without limitation, hyperlinks, external websites that are framed by the Platform, and advertisements displayed in connection therewith (including as may be featured in any banner or other advertising), which may be maintained by parties over which SwyftLink Errand Services exercise no control.  

12.3. Such links are provided for reference and convenience only; and do not constitute SwyftLink Errand Services’ endorsement, warranty or guarantee of, or association with, those websites, their content or their services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by a third-party is governed by the terms and conditions of use and privacy policy for that website.  You access and use any of such third-party websites or services solely at your own risk. Your use of third party websites or services may be subject to agreements or terms with the third party licensors. It is your responsibility to review and understand any third party terms.

12.4. SwyftLink Errand Services has no obligation to monitor, review, limit or remove links to third-party websites, but reserves the right to do so, at its sole discretion.  SwyftLink Errand Services (a) expressly disclaims any responsibility or liability for any such third-party links or websites (including your access to or use thereof, and any products or services advertised or offered thereby, and any claims arising therefrom); and (b) is not and will not be a party to any transaction between you and any third-party providers of products or services. 

12.5. You expressly relieve SwyftLink Errand Services from any and all liability arising from your access to and/or use of any third-party websites or services.  

 
13. General Provisions

13.1. The Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Ghana, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Ghana.

13.2. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship exists, is intended or created between you and SwyftLink Errands Services by the Agreement or your use of the Platform.  Users do not have authority to act as agent for, nor to bind or make any representations on behalf of, SwyftLink Errands Services. 

13.3. These Terms of Service constitute the entire agreement between us and you in relation to any subject matter and supersede any prior agreements, discussions, representations and undertakings between the parties (whether written or oral).

13.4. No delay or failure by us to enforce any provision of this Terms of Service will be deemed a waiver or create a precedent or will prejudice its rights. No waiver by us will be effective unless it is in writing and signed.

13.5. If any term of this Terms of Service is void, unenforceable or illegal, that term is severed. The remainder of this Terms of Service has full force and effect.

13.6. Each party’s rights and remedies provided in this Terms of Service are in addition to other rights and remedies given by law and equity independently of this Terms of Service.

13.7. You hereby acknowledge and agree that we may assign or transfer the Agreement without your consent. We will notify you of the assignment. Upon the effective date of the assignment of the Agreement (a) SwyftLink Errands Services shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment, and (b) the assignee entity shall replace SwyftLink Errands Services for the performance of the Agreement. You may not assign or transfer the Agreement without our prior written approval. Any assignment in violation of this Section shall be null and void. The Agreement will inure to the benefit of SwyftLink Errands Services, its successors and assigns.  All parts of the Agreement which, by their nature, should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to, and notwithstanding, the expiration or termination of the Agreement or your use of the Platform.

13.8. Any personal data that you may have with us is not transferable and any rights to such an account will terminate upon your death. Upon receipt of a copy of your death certificate, your use of the Platform will be terminated and all personal data  that you have with us will be permanently deleted.

13.9. Except as expressly set out in these Terms of Service, any person not a party to the Terms shall acquire no rights whatsoever under these Terms or otherwise.

13.10. To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Platform, your relationship with SwyftLink Errands Services, Tasks, Services, or the Agreement (including previous versions), (“Dispute”), you can try to find an amicable solution with SwyftLink Errands Services before initiating any out of court settlement (such as mediation or arbitration) or court proceeding (except as may be set forth in these terms). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your personal data, with an email copy to the email address you have provided to SwyftLink Errands Services. 

13.11.This Agreement, in whole, is drawn up in English.  In case of discrepancies between the English text version of the Agreement (in whole or in part) and any translation of the Agreement, the English version shall prevail.

13.12. All notifications to us pursuant to the Terms of Service shall be sent via email to info@swyftlink.com

 
14. Consent to Electronic Signatures 

By using the Platform, you agree (a) to transact electronically through the Platform; (b) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (c) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (d) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

 
15. Contacts

For any questions about these Terms or our Services, please do not hesitate to contact us at;

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16. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, THE ACCEPTABLE USE POLICY, AND ALL OTHER TERMS INCORPORATED HEREIN AND THEREIN BY REFERENCE, AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.