- The Site, the Service and our agreement with you;
1.2. These Customer Terms and Conditions are between Sawell Holdings Ltd, a limited liability company incorporated and existing under the laws of the Republic of Cyprus with company number HE410562 and registered address at 41 Misiaouli Kavazoglou, 3016 Limassol, Cyprus (“Sawell Holdings Ltd”, “we”, “our” or “us”) and you, the individual or business, as the case may be, using our services (“you” or “your”).
1.3. Sawell Holdings Ltd provides a free to access website, made available at www.uqualify.co (“Site”), which provides access to a range of foreign currency international exchange and international payment services (the “Service”). All the materials, tools and functionality made available through the Site and the Service are referred to in these Customer Terms and Conditions as “Content” and are deemed to form part of the Site and the Service.
1.5. In order to access the Service, you must file an application to us. Once your application is accepted by Sawell Holdings Ltd you may use the Service. Sawell Holdings Ltd reserves the right at its sole discretion to decline to provide the Service to you.
1.6. We reserve the right to modify these User Policies and the Service we provide at any time in accordance with these User Policies. Your continued use of the Service after modification of these User Policies and/or the Service will constitute your acceptance of such change.
1.7. Please note that these User Policies related to the Site and the Service only, and that if you wish to use other products or services offered by Sawell Holdings Ltd, or a Partner (described below), you may be required to enter separate terms and conditions relating to such products and services. The term “Partner” means a third-party business with whom Sawell Holdings Ltd has a contractual relationship to assist with the provision of a product or the fulfilment of a service provided by or through Sawell Holdings Ltd.
1.8. If you want to contact us, please do at:
Telephone: +44 3335 772 331
- Using the Site and the Service;
2.1. You agree to use the Site and the Service only for lawful purposes and only on compliance with:
2.1.1. all laws and regulations applicable to the Site and the Service,
2.1.2. the User Policies, and
2.1.3. any reasonable instructions that Sawell Holdings Ltd may issue relating to the Service or otherwise in relation to the Site and the Service from time to time.
2.2. Sawell Holdings Ltd may in its sole discretion:
2.2.1. amend or remove any part of the Site and the Service;
2.2.2. suspend or cancel any or all operations in any markets;
2.2.3. refuse any order or instruction linked to the Service; at any time without liability.
2.3. In offering the Site, Sawell Holdings Ltd is not making any invitation or solicitation to you or any person to use any information, product or service including the Service and the Content where doing so is prohibited by the law of the country from which you access the Site.
2.4. Parts of the Site and the Service may be subject to legal and or commercial protections and restrictions which both we and you may be subject to. You agree to comply with any such protections and restrictions, as set out in these User Policies or as otherwise notified by us or a Partner to you. You warrant and represent to us that you are not restricted by any applicable law or regulation (including any international export restrictions) from accessing or using the Site and the Service or any of the Content.
2.5. You must not:
2.5.1. resell, reproduce or otherwise exploit any part of the Site or the Service without the express written permission of;
2.5.2. collect or export data from the Site or the Service save as permitted under these Customer Terms and Conditions;
2.5.3. other than as permitted in these Customer Terms and Conditions copy, modify, adapt, distribute, disassemble, reverse engineer or decompile any aspect of the Site or the Service;
2.5.4. knowingly upload or permit the uploading of any viruses, trojans or other harmful or inappropriate material; or
2.5.5. attempt to circumvent or disable any technological protection measures contained in or used to protect the Site, the Service or Content, or use any Content from which such protection has been illicitly removed, in breach of these Customer Terms and Conditions or otherwise.
2.6. We use reasonable endeavours to ensure that Content is current to any date it bears (if any) when published. However, we make no warranty or representation as to the currency of any Content and we have no responsibility to update or amend any Content which accordingly may be out of date at any given time.
- Applying for the Service;
3.1. To access our Services and become a user of the Service (“User”) you will need to file an application. You can do so by clicking on the ‘’Apply now’’ button and filling in the relevant form on the Site at https://uqualify.co/apply-now/
3.2 To become a user, you must:
3.2.1. be an individual or business acting in course of the business’ behalf;
3.2.2. be at least 18 years of age;
3.2.3. be capable of entering into legally binding contracts under the law applicable to your country of residence;
3.2.4. only access the Site and use the Service when in a country that permits access to the Site and use of the Service;
3.2.5. use a valid email address as your point of contact for registration;
3.2.6 provide security information (such as answers to questions known only to you as the User, usernames, passwords, a PIN, or code generated through a multi-factor authentication security device) that may be used (as applicable) to access your Account and/or use the Services, including making an Order (“Security Credentials”). You are responsible for maintaining the confidentiality of your Security Credentials. This means you should not write them down or share with anyone, including but not limited to keeping them confidential from other individuals that you work with if you are accessing and using the Service on behalf of a business (see clause 4 below). Your disclosure of your password to any person is entirely at your own risk and you shall bear full responsibility for any harm, loss or damage resulting from that disclosure;
3.2.7 notify us immediately if you know or have reasonable grounds to suspect that any person you have not authorised to access the Service has obtained some or all of your Security Credentials or has had unauthorised access to the Service;
3.2.8 agree to comply with the User Policies; and
3.2.9 provide true, accurate, current and complete information about yourself as required by us when you apply for an account (“Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
3.3 Sawell Holdings Ltd will notify you in writing once your application has been accepted and from the date of such notification you may use the Service.
3.4 If we need to contact you, we will do so using the contact details (email, postal address and telephone number) that you have provided to us when you applied for account.
- Ceasing to be a user – termination
4.1. You may cease to be a user at any time by notifying us of your wish to do so in writing. Upon receipt of notice from you, we will close your account. Once your account is closed you will no longer be able to use the Services.
4.2. Sawell Holdings Ltd may for any reason and at any time
4.2.1. without notice, suspend or terminate your account and consequently close your account; and/or
4.2.2. terminate these User Policies.
4.3. We reserve the right to refuse access to any part of the Service to any person at our sole discretion.
4.4. Termination of these User Policies, by you or by us, will automatically terminate and close your account.
4.5. Despite termination of these Customer Terms and Conditions the following clauses will continue in force despite such termination: clauses 2.4, 2.5, 10, 13,15, 17,19, 22, 23, 25 and 26.
- Know Your Customer and Anti-Money Laundering
5.1 Sawell Holdings Ltd is required to apply procedures aimed at the prevention and detection of financial crimes. Sawell Holdings Ltd may use the services of a Partner to establish your identity as part of the registration process and as required for the purpose of ongoing routine monitoring.
5.2 We monitor all transactions and if we believe funds are derived from financial crime, we may report such transactions to regulatory authorities in the United Kingdom, in the country of the origin of the funds and the destination. Where a report of potential financial crime is made, Sawell Holdings Ltd accepts no liability for any delay in transmission of or confiscation of the funds. Sawell Holdings Ltd reserves the right to provide a copy of the information you provide as part of the registration process to regulatory authorities in the United Kingdom, in the country of the origin of the funds and the destination.
5.3 You represent and warrant that all monies transferred from and to your ccount are in no way connected to any unlawful or illegal activity. Any breach of this clause shall be deemed a material breach of these Customer Terms and Conditions and Sawell Holdings Ltd reserves the right to immediately and without notice suspend your access to the Services.
- Copyright and other intellectual property
6.1 Except as expressly set out otherwise in these User Policies, Sawell Holdings and its licensors retain all intellectual property rights in and to the Site, Content and the Service.
- Ownership of the Service
7.1 Sawell Holdings Ltd and its licensors own all intellectual property rights in and to the Site, Content and the Service.
- Third party terms
8.1 In respect of any service or content provided through the Service by a Partner, such content or service will be provided in accordance with such Partner’s applicable terms and conditions of service (or as otherwise notified to you by Sawell Holdings Ltd from time to time) (“Partner Terms”). These Partner Terms will apply to you in addition to these User Policies.
- Service Availability
9.1 Sawell Holdings Ltd does not guarantee that the Service will be available at all times and there will be times when the Service will be interrupted for maintenance, upgrades or repairs or due to failure of services or equipment. Sawell Holdings Ltd reserves the right to modify, suspend or discontinue all or part of the Service at any time with or without notice.
9.2. You agree that Sawell Holdings Ltd is not liable or responsible to you for any delay, interruption, unavailability or discontinuance of the Service.
- Limitation of Liability
10.1 You agree that, to the maximum extent permitted by law, Sawell Holdings Ltd will not be liable to you (or any third party) under contract, tort (including negligence) or otherwise for any of the following losses you incur:
10.1.1 loss of profit, loss of revenue, loss of use, loss of contracts, loss of opportunity, loss of business, loss of anticipated savings and loss of data, in each case whether direct or indirect; or
10.1.2. indirect, incidental, consequential, special, exemplary and punitive losses, (together shall be referred to as the “Losses”).
10.1.3 Sawell Holdings Ltd will not be liable to you for Losses arising as a result of:
10.1.4. any failure of Sawell Holdings Ltd technical or computer systems;
10.1.5 any fraudulent spending or any other unauthorized use of your Account, unless such Losses occurred as a result of our negligence; or
Except as required by applicable law, your sole remedy for dissatisfaction with the Service is to stop using the Service.
- Exclusion of Warranties
11.1. While reasonable efforts have been made to ensure the accuracy, currency and reliability of the Content provided on the Site and through the Service, you acknowledge and agree that all Content and the Service is provided “as is” and we cannot guarantee the completeness, accuracy, timeliness or results obtained by you through using the Site and the Services.
11.2. Other than as expressly set out in these User Policies, we do not give any warranty of any kind, express or implied, on behalf of us or our suppliers or our Partners in relation to the Site, the Service or anything else provided through or under these User Policies, including warranties as to performance, merchantability or fitness for a particular purpose.
You assume sole responsibility and risk for your use of any aspect of the Site and the Service.
11.3 Time shall not be of the essence and Sawell Holdings Ltd accepts no responsibility for any delay in onward payment which is attributable to your use of the Site and the Service.
11.4. Sawell Holdings Ltd shall bear no responsibility to you, or any third party, as a result of any circumstances arising that are beyond our reasonable control, including riot, civil unrest, war, act of terrorism, threat or perceived threat of act of terrorism, natural disaster including but not limited to an earthquake or extraordinary storm, lock out or other industrial disputes or any act of any government, legal authority or regulator, or changes in applicable law, public internet failure, to the extent that such circumstances materially affects Sawell Holdings Ltd ’s ability to perform its obligations under these User Policies. On the happening of such circumstance, then we will immediately notify you of the extent to which we are prevented from performing our obligations. We will use reasonable efforts to minimize the effect of the circumstances arising on the Service.
11.5. You expressly acknowledge and agree that the restrictions on the liability of Sawell Holdings Ltd under these Customer Terms and Conditions (including as to the disclaiming of any warranties) are reasonable in the context of the fees being charged by Sawell Holdings Ltd for the use of the Service.
12.1 You agree, at your own expense, to indemnify, defend, and hold harmless Sawell Holdings Ltd and the Partners against any and all Losses arising by Sawell Holdings Ltd or the Partner in relation to your use of or access to the Service, or as a consequence of you not complying with any term of the User Policies by:
12.1.1. you; and/or
12.1.2. by any unauthorised party using your Account.
13.1 If you are not satisfied with our Service you may make a complaint in writing (email or post) to us at Customer Services setting out the nature and scope of your complaint. Upon receipt of your complaint we will investigate it with the aim of resolving it promptly. We may require you to provide additional information to assist us in our investigations.
13.2 In most cases we will provide a full response to your complaint within 15 Business Days after the date we receive your complaint. In exceptional circumstances, if a full reply cannot be given within this timeframe we will send you a holding reply within 15 Business Days indicating the reasons for the delay in providing a full reply to your complaint and specifying the deadline by which you will receive our final response, being no later than 35 Business Days from the date of your initial complaint.
14.1. If any clause (or part of a clause) in the User Policies is determined to be invalid, illegal or unenforceable by any court or administrative body of competent jurisdiction, the parties agree, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the User Policies.
14.2 If any clause or part of a clause is deemed deleted the parties shall negotiate in good faith to agree a replacement provision that to the greatest extent possible, achieves the intended commercial result of the original clause.
15.1. You warrant and represent that during your use of the Service you will not knowingly upload or permit the uploading of any viruses, trojans or other harmful or inappropriate material.
15.2. Sawell Holdings Ltd is not liable for any virus, trojan or other harmful or inappropriate material that may affect your computer equipment, computer programs or other materials as a result of the use of the Service.
16.1. No failure or delay by a party to exercise any right or remedy under these User Policies or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
- Governing Law and jurisdiction
17.1. These User Policies are governed by and construed in accordance with the laws of the Republic of Cyprus.
17.2 Each party irrevocably agrees, for the sole benefit of Sawell Holdings Ltd, that subject as provided below, the courts of the Republic of Cyprus shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. Nothing in this clause shall limit the right of Sawell Holdings Ltd to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by law of such other jurisdiction.
- Entire Agreement
- No liability for claims not notified within 12 months
21.1. Unless a party notifies the other party that it intends to make a claim in respect of an event within the notice period, the other party shall have no liability for that event. The notice period for an event shall start on the day on which the party wishing to make a claim became, or ought reasonably to have become, aware of the event having occurred (as opposed to it becoming aware of its having grounds to make a claim in respect of it) and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.