Terms and Conditions

www.swordpay.com 

Effective date: 8th October 2024

  1. Introduction

Welcome to www.swordpay.com (“Site” or “Website”).

This website is owned and operated by EXCALIBUR ASCENSION. Throughout the Site, the terms “we”, “us”, “platform”, “Provider”, “SwordPay” and “our” refer to EXCALIBUR ASCENSION. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, you (“User”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, users, customers and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.  IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICIES, YOU SHOULD NOT USE THE SERVICES.

  1. Changes

We reserve the right to add/discontinue any service anytime at our sole discretion.

  1. Eligibility

Sword Pay is strictly limited to parties who can lawfully enter into and form contracts on the Internet. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

  1. Registration

4.1 A new Client is required to provide the required know-your-client (“KYC”) and identification documentation as part of the signup and onboarding process.

4.2 The Client is solely responsible for the content and accuracy of any data, information,

and/or documentation provided to the Provider and/or submitted via any of the Platforms.

4.3 The Client is solely responsible for ensuring that all of its details on all Platforms are

accurate, correct, and up to date.

4.4 The Provider implements and maintains the KYC procedures as part of the Provider’s commitment to combating fraud, combating corruption, the prevention of money laundering and the prevention of terrorist financing.

4.5 The User agrees not to

4.5.1) Register more than 1 (one) account in their own name on the Platform

4.5.2) Register an account in the name of any other person

4.6 In the event that the User registers more than 1 (one) account, it shall constitute a breach of these Terms and the Provider may, without derogating from its other rights in law:

4.6.1 Lock, suspend and/or cancel 1 (one) or all of the Users accounts; or

4.6.2 In the event that the Provider elects to cancel all of the Users accounts,

the User hereby agrees that the Provider may transfer any and all funds from the

additional accounts to the Users original account; and

4.6.3 In either event, the Provider may charge an administrative fee in addition to the

transaction fees applicable to the transfers.

  1. Payment

5.1. Our Site accepts all major payment methods which include:

  • Visa (credit and debit cards)  
  • MasterCard (credit and debit cards)  
  • Any other payment method displayed on our Site.

We reserve the right to add or change our payment methods at sole discretion anytime.

5.2 The user may deposit funds into their Sword Balance and will be allocated Sword Credits to the value of the funds deposited.

5.3  The User is solely responsible for ensuring that the details provided for any transfer,

deposit and/or moving of credits from the wallet are correct, accurate, up-to-date,

and complete.

5.4 The User acknowledges that:

5.4.1. The Provider is not liable for any loss, damage and/or harm suffered by the user

and/or any third party in the event that the user and/or third party provides the incorrect wallet reference number, beneficiary details, account number and/or amount; and

5.4.2 The Provider is under no obligation to reverse or amend any deposit, transfer and/or

withdrawal in the event of the user providing the incorrect wallet reference number, beneficiary details, account number and/or amount; and

5.4.3 The Provider may charge a fee for each refund requested and processed.

5.4.4  The User agrees and acknowledges that the user shall have the responsibility for

all activity that occurs in or through the uses Sword Wallet or Saved Card, and accepts all risks of any authorized or authorized access hereto.

  1. Sword Credits

Sword Credits are virtual items that allow users to purchase digital goods and services within the Sword Pay App and serve to create a seamless global interaction between users.

In addition to Channels and Private Chats, Users can make transactions with their Sword Credits. The transaction of Sword Credits will give access to the exchanged goods or services.

Sword Credits can be acquired via in-app Top Up through our payment providers. We do not process these transactions, therefore, any issues or concerns regarding Credit Top Up should be addressed to the respective payment processor.

6.1 Sword Credits Refund and Withdrawal Policy

Users can refund their Sword Credits through Withdrawing their Available Sword Balance through our provided Payment-Out Methods. All refunds and withdrawals are independently processed by the user. 1 Sword Credit holds an equivalent value to 1 USD.

  1. Digital Goods Refund Policy

No refunds are to be provided by Sword Pay for Digital Goods. If the content of the FileShare is not what the Downloader expected.The Uploader is solely responsible for the FileShare and decides independently on the terms of refund. Sword Pay holds no responsibility to settle any dispute over shared Files between the Uploader and Downloader.

  1. Permitted use 

You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by Sword Pay;
  2. Gain unauthorized access to Sword Pay’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Sword Pay’s networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Sword Pay in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

  1. Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

  1. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Sword Pay is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Sword Pay. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Sword Pay immediately of any breach of security or unauthorized use of your account. Sword Pay cannot be responsible and disclaims all liability in connection with the use of any information that you post or display on this Site.

  1. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at [email protected]

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

  1. Monitoring Activity

Sword Pay has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Sword Pay has no obligation to display or post any content. Sword Pay, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request.  

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SWORD PAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

  1. Limitation of Liability

You agree that in no event shall Sword Pay be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Sword Pay' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

  1. Indemnification

You agree to indemnify and hold Sword Pay and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

15.1 The Provider and its affiliates disclaim all liability, however arising and of whatsoever nature, for the acts or omissions of another Client (including unauthorized users, or “hackers”) of the Platforms.

15.2  The Client specifically acknowledges and agrees that the Provider Affiliates are not liable for any conduct of any Client in any way whatsoever in respect of the access,

use, or sharing of the resources or otherwise provided on the Platforms.

15.3 The Provider Affiliates specifically disclaim any implied warranties of merchantability,

fitness for a particular purpose, or non-infringement.

15.4 The Provider does not warrant that the Client’s use of the Platforms or any service

provided will be uninterrupted, always available, or error-free, or will meet the

Client’s requirements, or that any defects in the Platforms will be corrected.

  1. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation only.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

  1. Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

  1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

18.1 We may at any time modify, amend, suspend, replace, substitute, deny access, or cease

offering any of the services or any portion of the services at any time for any reason. Any amendment by the Provider of the Terms shall be effective as soon the amendment is posted on the website located at Swordpay.com and/or updated in the Sword Pay App

18.2 To the extent permitted in law, the user bears the responsibility to visit the website

of the Provider regularly in order to remain updated of any change to the Terms.

18.3 The users continued access or use of the services and/or the services provided via

any of the Platforms constitutes his/her/its consent to be bound by the Terms, as

amended. Should the user not accept the amended Terms, the Client shall refrain

from making use of the services provided by the Provider and shall immediately take

all necessary steps to close their wallet with the Provider as well as accessing the

Platforms.

18.4 We reserve the right to change and amend the services, products, prices and rates quoted on the Platforms from time to time.

18.5 We do not guarantee uninterrupted, error-free, and continuous service and the user hereby waives his/her/its right to claim any loss and/or damage as a result of any interruption of service.

  1. Electronic Communications

When you visit the Site or send us emails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

  1. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

  1. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

  1. Force Majeure

Sword Pay is not liable for any delays caused by circumstances beyond Sword Pay’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.

  1. Prohibited activities

The User shall not and hereby agrees not to utilize the Platforms;

23.1  To violate any legislation, regulations, statutes, and/or applicable law;

23.2 To violate any other person’s rights;

23.3 For undertaking, facilitating or supporting criminal activity of any kind, including but

not limited to, money laundering, terrorist financing or malicious hacking;

23.4  For any form of abusive activity, including but not limited to, imposing an

unreasonable or disproportionately large load on the Provider’s infrastructure, or

otherwise taking any action that may negatively affect the performance of the

Platforms or the Provider’s reputation.

23.5 Attempting to gain unauthorized access to the Provider’s site and/or any wallet

registered with the Provider;

23.6 For transmitting or uploading any material to the Provider’s site that contains viruses,

Trojan horses, worms, or any other harmful programs;

23.6 In respect of fraudulent conduct or activity, including but not limited to taking any

actions that defraud the Provider or a User of the Provider, or the provision of any false, inaccurate, or misleading information to the Provider;

23.7 To modify or enhance the Platforms. In the event of a user affecting any modifications or enhancements to the Platforms in breach of this clause 23.7, such modifications and enhancements shall be the property of the Provider;

  1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Sword Pay concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Sword Pay's right to act concerning subsequent or similar breaches.

  1. Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Sword Pay shall survive any termination.

  1. Fees

Users agree to a 10% fee on each FileShare sent

  1. Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on [email protected]