Terms & Conditions
Last Updated: 23 June 2025
1. Introduction and Acceptance of Terms
These Terms & Conditions (“Terms”) govern your access to and use of the Bullswipe services and platforms, including our mobile application and website (collectively, the “Service”). The Service is provided by Swoki Solutions Limited, located at 9/F Wui Tat Centre, No. 55 Connaught Road West, Sheung Wan, Hong Kong (referred to as the “Company”, “we”, “us”, or “our”). These Terms form a legally binding agreement between you (“User” or “you”) and the Company.
By registering for an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.
Electronic Agreement: You agree that acceptance of these Terms and any other agreements or policies incorporated by reference occurs electronically (for example, by clicking “I Agree” or using the Service) and is legally equivalent to your handwritten signature under Hong Kong’s Electronic Transactions Ordinance (Cap. 553). You further agree that any communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Interpretation and Definitions
- Account: A unique account created for you to access or use our Service.
- Application: The software program (mobile or web application) provided by the Company for accessing the Service, known as Bullswipe.
- Company: Swoki Solutions Limited, 9/F Wui Tat Centre, No. 55 Connaught Road West, Sheung Wan, Hong Kong
- Device: Any device that can access the Service, such as a smartphone, tablet, or computer.
- Service: The Bullswipe platform and related services provided by the Company, including the e-wallet, virtual card, remittance services, and any other features, as well as the Bullswipe Application and website.
- Terms: These Terms & Conditions, including any supplemental terms or policies referenced herein or provided by the Company within the Service.
- Third-Party Service: Any service, content, or website provided by a third party that may be linked to or integrated with our Service (for example, identity verification services, banks, or merchant services).
- User (You): The individual accessing or using the Service, or if the Service is used on behalf of a company or other legal entity, the entity represented by such individual (in which case the individual represents they have authority to bind the entity to these Terms).
3. Eligibility and Account Registration
3.1 Eligibility Requirements: By using Bullswipe, you represent that you are at least 18 years old and capable of entering into a legally binding agreement. The Service is not offered to individuals under the age of 18. We do not knowingly allow minors to use the Service and will terminate accounts of any users found to be underage. You also represent that you are not a person barred from using the Service under the laws of Hong Kong or other applicable jurisdictions (for example, due to sanctions or regulatory restrictions).
3.2 Personal Use and Conduct: The Service is provided for your personal use (or internal business use). You may not use the account for any unauthorised or illegal purposes. You agree to provide true, accurate, and complete information during registration and to keep it up to date. This includes your name, contact information, and any identity documents we request. You must not impersonate anyone or use false details.
3.3 Know-Your-Customer (KYC) and Verification: As a regulated financial service, we are required to perform customer due diligence. You agree to provide information and documents that we request to verify your identity and source of funds, in compliance with Hong Kong’s Anti-Money Laundering and Counter-Terrorist Financing laws (AMLO) and Hong Kong Monetary Authority (HKMA) guidelines. This may include, without limitation:
3.4 Full name, date of birth, nationality, and government-issued identification number (e.g., HKID or passport).
3.5 Proof of address (such as utility bills or bank statements).
3.6 Selfie or photo for identity verification, or biometric verification through our app.
3.7 Information on your occupation, the purpose of opening the account, and expected use (e.g., expected transaction volumes).
3.8 If you are representing a business or if required by law, information on beneficial owners or directors.
We will verify your information using reliable, independent sources and may engage third-party verification services to do so. If you do not pass our verification or refuse to provide the requested KYC information, we reserve the right to refuse or limit your access to the Service.
3.9 Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username, password, and any authentication codes). You must not share your account or credentials with anyone else. You agree to notify us immediately at support@bullswipe.com if you suspect any unauthorised access to or use of your account. We highly recommend enabling any multi-factor authentication we offer for added security. The Company will not be liable for any loss or damage arising from your failure to secure your account.
3.10 Account Responsibility: All activities under your account are deemed to be done by you. You are responsible for any actions taken through your account (including by an authorised person on your behalf). Ensure you log out or secure your account when not in use, especially on shared Devices.
3.11 Restriction on Multiple Accounts: You are generally limited to one personal account, unless we approve multiple accounts in writing (for example, separate personal and business accounts). You must not create fake accounts or multiple accounts to bypass limits or restrictions.
3.12 Accuracy of Information: You agree that all information you provide to us, at signup and anytime thereafter, is truthful, accurate, and complete. You agree to promptly update your information if there are any changes (for instance, update your address or phone number if it changes). We may suspend or terminate the account if we suspect information is false, misleading, or outdated.
3.13 Geographic Restrictions: Bullswipe’s Service is offered in Hong Kong and certain other jurisdictions. You agree not to use the Service if you are located in any country or region that is subject to United Nations or Hong Kong trade sanctions, or that we have designated as high-risk or prohibited. This includes, for example, countries identified by our risk policies and international sanctions (we may publish or provide a list of such restricted jurisdictions, which can change over time). We reserve the right to block access from certain locations’ IP addresses or to reject transactions involving certain countries or counterparties in order to comply with laws and our internal compliance standards.
4. Description of Services
Bullswipe provides a fintech platform that includes the following key services:
- E-Wallet Services: A stored-value digital wallet that allows you to store funds, make payments, and transfer money to others within the Bullswipe network or to external accounts.
- Virtual Card Services: A virtual payment card (e.g., a prepaid Mastercard or Visa issued through our partner bank) linked to your e-wallet balance, enabling you to make purchases online or at merchants.
- Remittance Services: Cross-border money transfer services enabling you to remit funds to recipients domestically or in other countries, in various currencies, via our network of partners or correspondent banks.
These services are collectively referred to as the “Services” under the Bullswipe platform. Additional features or services may be introduced from time to time, which will also be subject to these Terms (and possibly additional terms).
Please note that Bullswipe is a stored value facility, not a bank. The e-wallet balance represents electronic money or prepaid value, not a deposit, and is not protected by the Hong Kong Deposit Protection Scheme. However, we operate under Hong Kong’s regulatory framework for stored value facilities and maintain appropriate safeguards for customer funds in compliance with the Payment Systems and Stored Value Facilities Ordinance (PSSVFO) and HKMA requirements. For example, customer funds may be held in a segregated trust account or safeguarded as required by law.
Below, we outline specific terms related to each component of our Services:
4.1 E-Wallet Usage
- Loading Funds: You can add money to your Bullswipe e-wallet through accepted funding methods (such as bank transfer, debit card, FPS, etc.). We may impose limits on the amount you can load in a given period or hold in your balance, in line with regulatory requirements and risk management. We reserve the right to reject or delay a load transaction if we suspect fraud or other compliance issues. Funds loaded will typically be available in your e-wallet promptly, but there may be delays outside our control (e.g., bank processing delays). You should only load funds from accounts or payment instruments in your name; we may refuse third-party funding for security reasons.
- Spending and Transfers: Your e-wallet balance can be used to pay other users, purchase goods or services from merchants that accept Bullswipe (if applicable), transfer to your linked bank account, or for other functionalities we enable. When you make a payment or transfer, you authorise us to deduct the amount (plus any applicable fees) from your e-wallet balance. Payments are usually instantaneous and irreversible once executed – please ensure the details (amount, recipient) are correct before confirming a transaction. We are not responsible for any input errors or mistakes in transaction details provided by you.
- Limits: For security and compliance, we may impose transaction limits (e.g., per transaction, daily, monthly) on your e-wallet usage. These limits may depend on your verification status or account history. We will notify you of applicable limits within the app or website. We may also require additional verification or information for large transactions or certain destinations, in line with a risk-based approach to AML/CFT.
- No Interest: Your e-wallet balance does not earn interest or any investment return. It is purely for transactional purposes.
- Negative Balances: You agree not to carry a negative balance. If your account goes into a negative balance (for example, due to a chargeback, reversal, or processing error), you agree to repay the negative amount immediately. We reserve the right to offset the negative balance with any funds you subsequently add or with any other funds we hold of yours (such as funds in transit).
- Dormant Accounts: If your e-wallet remains unused for a prolonged period (e.g., 12 months) and has a balance, we may attempt to contact you. We do not charge dormancy fees, but if we are unable to reach you or your account remains inactive, we may be required by law to treat the balance as unclaimed property. We will handle such situations in accordance with Hong Kong law, which may involve escheating funds to a government authority after a certain period. We prefer to return funds to you, so please keep your contact information updated.
4.2 Virtual Card Services
- Card Issuance: Bullswipe may offer a virtual payment card linked to your e-wallet balance. This card is typically issued through a licensed card issuer (e.g., a partner bank) under card network schemes like Visa or Mastercard. By requesting or activating a virtual card, you agree to any additional cardholder terms provided at issuance. In case of any conflict between those card terms and these Terms, those specific card terms will prevail for card-related usage.
- Usage of Card: The virtual card can be used to make purchases wherever the card network is accepted (online, and if supported, by adding to a mobile wallet for in-store use). The spending using the card will deduct from your e-wallet balance. You must ensure you have a sufficient balance before making a card transaction. Transactions exceeding your available balance may be declined. We are not liable if a transaction is declined due to insufficient funds or suspected fraud.
- Card Security: Even though it’s a virtual card, treat it like a physical credit/debit card. Keep the card number, CVV, expiration date, and any PIN or security credentials confidential. You are responsible for all transactions made with your virtual card. If you suspect your card details are compromised or see unauthorised charges, you must notify us immediately so we can freeze or cancel the card. You may also need to notify the card issuer as per the cardholder agreement. Prompt reporting is crucial to limit potential losses.
- Card Restrictions: The virtual card is a prepaid card, not a credit card. You cannot use it to withdraw cash at an ATM (unless explicitly allowed) or to spend beyond your balance. Some types of transactions may be restricted or blocked for security and compliance (for example, gambling transactions or payments in certain countries may be disallowed). We or the card issuer reserve the right to decline transactions that appear suspicious or violate any usage policies.
- Fees: We will disclose any fees associated with the virtual card (such as issuance fee, monthly fee, or foreign currency transaction fees) prior to or at the time you request the card. Our goal is transparency – any such fees will also be summarised in the Fees section or schedule. If fees apply, using the card constitutes agreement to those fees.
- Card Cancellation: We may cancel or suspend your virtual card at any time if: (1) your Bullswipe account is closed or suspended; (2) we suspect unauthorised or fraudulent use; (3) you breach these Terms or the card terms; or (4) the card program is terminated. You may cancel the card at any time via the app or by contacting support, but you remain responsible for any pending transactions made before cancellation.
4.3 Remittance Services
- Sending Remittances: The remittance service allows you to send money from your Bullswipe account to recipients in approved destinations. This could be to other Bullswipe users or to bank accounts/mobile wallets via our partner network. When you initiate a remittance, we will show you a transaction summary (including the amount in source currency, the amount the recipient will get in destination currency if conversion is involved, fees, and an estimated delivery time). It is your responsibility to review and confirm that all details (recipient name, account number, destination country, etc.) are correct. We are not liable for funds sent to the wrong account due to incorrect details entered by you.
- Exchange Rates: If your remittance involves currency conversion, the exchange rate will be disclosed at the time of the transaction. We use competitive rates, which may include a small margin. Exchange rates can fluctuate, and the rate applicable is the one at the time of transaction confirmation. Once you confirm a remittance, the rate is locked in, and the transaction is initiated. If a remittance is not completed and is cancelled or rejected, we will refund your funds (possibly reconverted to the original currency at the prevailing rate, if the initial conversion had already taken place).
- Fees: We will disclose any fees for remittances upfront (e.g., transfer fee, currency conversion fee). Fees may vary based on destination, amount, or speed of delivery. By confirming the transaction, you agree to pay the shown fees from your e-wallet balance. In some cases, an intermediary or receiving bank might charge additional fees (for example, if sending to a bank account, the recipient’s bank might charge an incoming wire fee). Such external fees are beyond our control, and the recipient may receive less as a result. We try to route payments optimally to avoid such deductions where possible.
- Delivery Time: We aim to deliver remittances promptly. Many transfers are completed within minutes or hours. However, some transfers may take longer due to time zone differences, banking hours, or additional checks (especially for larger amounts or certain destinations). Any timeframe provided is an estimate, not a guarantee. We are not responsible for delays caused by intermediary banks or clearance procedures, but we will assist in tracing delayed payments.
- Compliance Checks: All remittances are subject to compliance screening. We adhere to international sanctions and anti-money laundering regulations. If a transaction triggers alerts (for example, involvement of a sanctioned individual or high-risk country), we may hold or cancel the transaction and report it to authorities as required by law. We may also request additional information from you about the transaction’s purpose or the source of funds before proceeding. If we cannot adequately clear a compliance concern, we may refuse the transaction and return your funds (minus any reasonable costs incurred).
- Cancellation and Refunds: Once a remittance has been executed, it generally cannot be reversed because the funds are out of our control (especially cash pick-ups or bank deposits that are completed). If you contact us immediately after making a transfer and it has not yet been processed, we may attempt to cancel it on a best-effort basis, but success is not guaranteed. If the recipient cannot receive the funds (e.g., incorrect account details, or they do not pick up the cash within the allowed time), the funds might be returned to us by the partner. We will credit returned amounts back to your e-wallet, usually in the original currency of your wallet (if conversion was involved, we’ll handle case-by-case basis). Note that refund processing times can vary, and some fees may be non-refundable (we will inform you accordingly).
- Recipient’s Responsibility: If you are the recipient of a remittance via Bullswipe, you may be required to take certain steps (for example, provide identification for cash pickup, or have a valid account for deposit). If a recipient fails to take required action and a transfer is eventually cancelled, we are not liable for any losses beyond refunding the principal to the sender (if and when the funds return to us).
- Prohibited Uses: You agree not to use the remittance service for any illegal purposes, including but not limited to money laundering, fraud, the funding of illicit activities, or sending money to individuals or entities that are sanctioned or on terrorist watchlists. We reserve the right to refuse or reverse any transaction that we suspect is in violation of any law or these Terms.
5. User Obligations and Acceptable Use
When using Bullswipe, you agree to the following obligations and conduct standards to ensure a safe, legal, and fair use of our Services:
5.1 Compliance with Laws: You will comply with all applicable laws and regulations of Hong Kong or any jurisdiction in which you use the Service. This includes, without limitation, laws related to anti-money laundering (AMLO), counter-terrorist financing, anti-bribery, privacy (PDPO), and consumer protection. You also agree to comply with any applicable export control or sanctions laws and not to use Bullswipe for transactions involving sanctioned countries, individuals, or entities.
5.2 Prohibited Activities: You will not use the Service for any activities that are illegal, harmful, or violate the rights of others. Prohibited uses include (but are not limited to):
5.2.1 Engaging in fraud, scams, or any financial crimes.
5.2.2 Funding or facilitating criminal or terrorist activities.
5.2.3 Making or receiving payments for illegal goods or services (such as illicit drugs, counterfeit goods, unlawful gambling, child exploitation, etc.).
5.2.4 Using the Service in a manner that disguises the origin of funds or involves structuring transactions to evade reporting thresholds.
5.2.5 Harassing, threatening, or defrauding other users, our Company, or third parties.
5.2.6 Impersonating any person or entity or misrepresenting your affiliation.
5.2.7 Attempting to probe, scan, or test the vulnerability of our systems or networks, or breaching security or authentication measures.
5.2.8 Introducing any malware, virus, Trojan horse, or other harmful code into the Service.
5.2.9 Copying, reproducing, scraping, or exploiting any part of the Service without authorisation.
5.2.10 Using any automated means (e.g., bots, scrapers) to access the Service for any purpose without our express permission.
5.2.11 Collecting or harvesting information about other users without their consent.
5.2.12 Engaging in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
5.3 AML and KYC Cooperation: You agree to cooperate with any requests from us for additional KYC/AML information or documentation. We may contact you to provide further details on the transaction or your account activity. Your prompt cooperation is required to continue using the Service. If you fail to provide the requested information or documents, we may suspend or terminate the account.
5.4 Use of Third-Party Services: If you access any third-party services through Bullswipe (for example, using an integrated bill payment service or a merchant marketplace), you must comply with the terms of those third-party services. We are not responsible for your interactions with third-party services, and any disputes arising with them should be resolved directly with those parties. We simply provide the integration for your convenience and do not endorse or assume liability for third-party offerings.
5.5 Taxes: You are responsible for determining any taxes that apply to payments or transfers you make or receive, and for collecting, reporting, and remitting the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions or for collecting or remitting any taxes arising from any transaction. However, if required by law, we may provide information to tax authorities or deduct applicable taxes from payments (with notice to you as required by law).
5.6 Feedback and Use of Communication Tools: If we provide forums, blogs, or customer review features (communication channels) on our platforms, you agree to use them responsibly. Do not post content that is abusive, offensive, false, or violates any party’s rights (including intellectual property rights). We reserve the right to moderate or remove user-submitted content that violates our guidelines or policies.
5.7 Software Updates: You may be required to download and install updates to the Bullswipe Application or software from time to time to maintain access to the Service. These updates are designed to improve, enhance, and further develop the Service and may take the form of bug fixes, enhanced functions, new modules or completely new versions. You agree to promptly install any such updates. Failure to do so may impair the Service functionality, for which we are not responsible.
5.8 Truthful Communications: When interacting with our support or compliance team, you agree to provide truthful and accurate information. Misrepresenting facts or failing to disclose material information in response to our questions can result in the termination of your account.
6. Fees and Charges
6.1 Fee Schedule: Bullswipe strives to be transparent about fees. Any fees we charge for use of our Service (for example, transaction fees, currency conversion fees, card fees, or subscription fees if applicable) will be disclosed to you through the Service interface or our official fee schedule. The fee schedule may be provided within the app, on our website, or in an attachment to these Terms. By using the Service, you agree to pay the applicable fees.
6.2 Types of Fees: Common fees may include:
6.2.1 Transaction Fees: e.g., a small percentage or fixed amount for each remittance or payment transaction.
6.2.2 Currency Conversion (FX) Fees: If you perform a transaction that involves converting currencies, a conversion fee or margin might apply, which is built into the exchange rate offered. The effective rate (with any markup) will be shown to you.
6.2.3 Card Fees: For issuing a physical card (if offered) or replacing a lost card, or foreign transaction fees as per the card issuer’s terms. (Virtual cards usually have no issuance fee, unless stated.)
6.2.4 Withdrawal Fees: If you withdraw funds from your e-wallet to an external bank account or other methods, we might charge a fee per withdrawal.
6.2.5 Inactivity Fees: Currently, we do not charge inactivity/dormancy fees. If that policy changes, it will be clearly communicated and would only apply as permitted by law.
6.2.6 Other Service Fees: Any new feature (for example, an express transfer or premium support plan) could have associated fees, which will be communicated if you opt in.
6.3 Third-Party Charges: We are not responsible for any fees or charges that may be imposed by third parties in connection with your use of our Service. For instance, your mobile carrier may charge data fees for using our app, or your bank may charge you for sending funds to us. Similarly, if you receive funds in your bank account, your bank might levy a receiving fee. These are outside our control.
6.4 Fee Changes: Our fees may change over time. If we increase or add new fees, we will give you advance notice as required by law (for example, by email or through the Service). Continued use of the Service after the effective date of the fee changes constitutes your acceptance of the new fees. If you do not agree, you may discontinue use of the relevant service before the new fees take effect.
6.5 Tax: Where applicable, we will add any required taxes (like VAT or GST) to our fees. All fees are typically quoted in Hong Kong Dollars (HKD) unless otherwise stated and are often net of any taxes.
6.6 Deduction of Fees: You authorise us to deduct any applicable fees from your e-wallet balance at the time a fee is incurred. For example, if you send a remittance and a HKD 10 fee applies, we will deduct the fee from your balance along with the remittance amount. If your balance is insufficient to cover fees due (and a transaction or service requires fee payment), the transaction may not be processed, or we may ask you to top up before proceeding.
6.7 No Fee to Basic Access: There is generally no fee to register an account or to maintain an e-wallet with a balance (aside from possible dormant account situations as described). Fees are typically transactional or for optional services. Bullswipe may offer promotions or waive fees for certain periods – any such promotions are subject to terms and can be revoked or changed by us.
If you have questions about fees, please refer to the detailed fee information provided in our app/website or contact customer support. Our aim is full transparency, so you are never surprised by a charge.
7. Intellectual Property Rights
7.1 Ownership: The Service (including the website, application, and all content, features, and functionality therein) is owned by Bullswipe Solutions Limited and its licensors. This includes all intellectual property rights such as copyrights, trademarks, service marks, logos, trade secrets, and patents. For example, the “Bullswipe” name and logo are proprietary trademarks of the Company. All software, text, graphics, images, logos, and compilations (collection, arrangement, and assembly of content) on the Service are the property of the Company or its content suppliers and are protected by law.
7.2 License to You: Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to download, install, and use our Application on your personal Device(s) and to access our website and Service for your personal use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Bullswipe, in the manner permitted by these Terms. You may not resell or commercialise the Service or any portion of it without our written consent.
7.3 Restrictions: You agree not to:
7.3.1 Modify, copy, reproduce, or create derivative works of any part of the Service or content without explicit permission (except as allowed by law, such as fair use).
7.3.2 Reverse engineer, decompile, or disassemble any aspect of the software or Service (except to the extent that such activity is expressly permitted by law, notwithstanding this limitation).
7.3.3 Use any automated system (like a robot, spider, or scraper) to access the Service for any purpose without our prior written approval.
7.3.4 Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed in the Service or on any content.
7.3.5 Use any of our trademarks or service marks without our prior written consent, including as meta tags or hidden text.
7.3.6 Frame or mirror any part of the Service without our express permission.
7.4 Content You Provide: If you submit or post any content (for example, feedback, suggestions, reviews, or other communications) on our platforms, you grant us a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use, copy, modify, publish, and distribute such content for any purpose. You retain ownership of any intellectual property rights you hold in content you submit, but you give us (and our affiliates/partners) permission to use it. You warrant that you have the rights to grant such a license and that your content does not infringe any third-party rights.
7.5 Open Source: The Service may include certain open source components, which are licensed under their own terms. In the event of any conflict between the open source license and these Terms regarding those components, the open source license will prevail (only with respect to those components).
7.6 Third-Party IP: The Service may display some third-party content (e.g., logos of partner companies, or content via API from partners). All such third-party content is the property of its respective owners and may be protected by intellectual property laws. You must not use any third-party content displayed in the Service without the owner’s consent, except as allowed by the Service’s functionality or applicable law.
7.7 Notice and Takedown: If you believe that any content on our Service infringes your copyright or other intellectual property rights, please notify us via the Contact Us details. Provide all relevant information (your contact info, identification of the work claimed to be infringed, identification of the allegedly infringing content, and a statement of your rights). We will investigate and, if appropriate, remove the content in accordance with applicable intellectual property laws (such as the safe harbour provisions of the Hong Kong copyright law, if any).
This Intellectual Property section survives any termination of these Terms.
8. Third-Party Websites and Services
Our Service may contain links to or integrations with third-party websites, services, or resources that are not owned or controlled by Bullswipe (for example, a link to a merchant’s site, integration with a bill payment service, or use of Google Maps for locating agent locations).
8.1 Disclaimer of Responsibility:
We provide access to these third-party resources only as a convenience to you. We do not endorse, monitor, or have control over these external websites or services, and we are not responsible for their content, operation, or any products/services they provide. If you access a third-party website or service from our platform, you do so at your own risk.
Any interactions, transactions, or agreements between you and a third party found on or through the Service are solely between you and that third party. Bullswipe shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.
8.2 Third-Party Terms: Your use of third-party services will be governed by the terms and conditions of those third parties. For instance, if we allow you to top up your e-wallet via a credit card, that transaction might involve a third-party payment gateway whose terms apply. Or if our mobile app is downloaded from the Apple App Store or Google Play, the respective store’s terms apply to that download (as noted in their definitions). You agree to comply with any such third-party terms, and these Terms do not override those.
8.3 Links: Any hyperlinks to third-party sites on our website or app (such as partner promotions or social media pages) do not imply that we are affiliated or associated with those sites. We are not liable for any information or material on those linked sites. We advise you to read the terms and privacy policies of any third-party site or service that you visit or use.
9. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy (available above, or via our website/app), which governs how we collect, use, and share your personal data. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
9.1 User Responsibilities: You are responsible for keeping your own login credentials and personal data safe. Do not share your password or sensitive information with others. We will never ask for your password via email or phone. If you suspect any unauthorised access to your personal information on our Service, notify us immediately.
9.2 Data Usage: In providing the Service, we will collect and use your data in accordance with applicable Hong Kong laws, including the Personal Data (Privacy) Ordinance (PDPO). We may also be required to retain certain data for compliance reasons (such as transaction records for at least 5 years due to AML regulations). You agree that we can process your personal data for the purpose of providing the Service and in accordance with our Privacy Policy and PDPO principles.
9.3 Confidentiality: We value your trust. Except as required by law or permitted by our Privacy Policy, we will keep your non-public information confidential. However, note that communications over the internet might not be secure, and there is a risk that data could be accessed by unauthorised parties. We take security measures to protect your data (encryption, etc.), but we cannot guarantee absolute security (as detailed in our Privacy Policy’s Data Security section).
For further details on how we handle data, please refer to the Privacy Policy. By agreeing to these Terms, you also agree to the terms of the Privacy Policy.
10. Account Suspension and Termination
10.1 By User (You): You may stop using the Service at any time. If you wish to terminate your account, you can do so by following the instructions on our app/website or by contacting customer support. Before closing your account, you should withdraw any remaining balance (subject to any applicable fees). Account closure is subject to settling any pending transactions or obligations (for example, if you have a dispute or chargeback pending, we may need to resolve that first).
10.2 By Company (Us): We reserve the right to suspend, restrict, or terminate your access to the Service (including freezing funds in your e-wallet) under the following circumstances, with or without prior notice:
- Breach of Terms: If you violate any of these Terms, the Privacy Policy, or any other policy that you have agreed to with us.
- Suspicious or Illegal Activity: If we detect any unusual, unauthorised, or fraudulent activity on your account, or if your use of the Service is the subject of investigation by authorities or our internal compliance team.
- Required by Law or Regulators: If we are required to do so by law enforcement, court order, or a regulatory authority (for example, in the event of an investigation or if we need to enforce sanctions).
- Inactivity: If your account has been inactive for an extended period (typically years) and we are unable to contact you, we may close the account as per applicable laws regarding dormant accounts. (We will attempt to notify you before such closure.)
- Security Threat: If we determine that your account or the use of your account poses a security threat to our systems or another user (for example, if your account is compromised or you are suspected of introducing malware).
- Failure to Comply with KYC/AML: If you refuse to provide information or documentation required for KYC/AML, or if provided information is found to be false.
In case of suspension or restriction, we will typically inform you of the action and, if allowed, the reason for it. For terminations, we will send a notice to the contact email or phone associated with your account.
10.3. Effect of Termination: Upon termination of your account:
- Your right to use the Service ceases immediately. You must discontinue any use of the Service and remove our Application from your devices.
- We will cancel any pending transactions if possible. However, transactions that have already begun being processed may not be reversible.
- Any licenses or rights granted to you under these Terms will end.
- We will return any remaining funds in your e-wallet to you (except as prohibited by law or these Terms). Typically, we’ll ask you to provide a bank account for a refund. If we are unable to reach you or you do not provide details, the funds may be handled as unclaimed property under the law. Note: If your account was terminated due to illegal activity, funds may be held or surrendered to law enforcement as required.
- Sections of these Terms that by nature should survive termination (such as intellectual property rights, dispute resolution, and liability clauses) will continue to apply.
10.4 Appeal: If you believe your account was suspended or terminated in error, you may contact us to appeal the decision. We may, at our discretion, reactivate accounts if the issue is resolved (for example, if you were suspended for lack of KYC documents and then you provide them, or if a mistaken fraud flag is cleared).
10.5 No Liability: To the maximum extent permitted by law, the Company will not be liable to you for compensation, reimbursement, or damages in connection with any suspension or termination of Service, or for any deletion of your information or account data, provided that we acted in accordance with these Terms and our legal obligations.
11. Disclaimers of Warranties
Use at Your Own Risk: The Bullswipe Service is provided on an “as is” and “as available” basis. While we strive to offer you the best experience, we make no express or implied warranties or representations regarding the Service’s availability, quality, suitability, reliability, or accuracy. You use the Service at your own risk.
Specifically, to the maximum extent permitted under applicable law:
- No Guarantee of Error-Free Operation: We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected immediately. While we employ reasonable technical and security measures, we cannot guarantee that the Service will be immune from vulnerabilities or attacks, or that it will function flawlessly with your hardware or software.
- Accuracy of Information: Any information or content provided through the Service (such as exchange rates, account balances, or transaction confirmations) is believed to be reliable, but we do not guarantee its completeness or accuracy. Exchange rates provided are subject to market fluctuations; while we provide the rate we commit to for a transaction, the general displayed rates are for reference only.
- Fitness for Purpose: We disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. For example, we do not guarantee that the Service will meet all your requirements or expectations, or that it will achieve any intended results. You are responsible for determining whether the Service is suitable for your needs.
- No Warranty on Third-Party Services: We make no warranties regarding any third-party services, information, or products that you access through our Service. Any dealings with third parties are solely between you and the third party, and we have no responsibility for any third-party failures.
- Digital Services: You understand that using a digital wallet and financial services involves inherent risks, including potential technical failure, delays, or security breaches. We do not warrant that our systems are invulnerable, though we take security seriously as described elsewhere.
No Advice: No advice or information (whether oral or written) obtained from the Company or through the Service shall create any warranty not expressly stated in these Terms. If we provide support or guidance, we do so without any warranties.
Some jurisdictions do not allow the disclaimer of certain warranties. If Hong Kong law or another law applicable to you prohibits certain disclaimers, those disclaimers may not apply to you to the extent prohibited. But in such a case, other disclaimers remain in force.
12. Limitation of Liability
To the fullest extent permitted by law, in no event shall Bullswipe (Swoki Solutions Limited), its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or exemplary damages, or any damages for loss of profits, revenue, goodwill, business opportunity, or data, even if foreseeable or even if we have been advised of the possibility of such damages. This includes, for example, any losses or damages you may incur that are:
- Related to Use of Service: Resulting from your use of or inability to use the Service, including any interruptions, errors, or omissions.
- Transaction Issues: Arising from failed, misrouted, or delayed transactions, unauthorised access to or alteration of your transmissions or data, or any conduct of any third party on the Service.
- Third-Party Interactions: Connected with any third-party websites or services accessed via our Service (e.g., issues with a linked bank or merchant).
- Data Breach: Resulting from the compromise or theft of data, except to the extent we are required to compensate under applicable law.
Monetary Cap: To the extent we are found liable, our aggregate liability to you for all claims arising out of or relating to the Service or these Terms will not exceed the total fees paid by you to us in the 3 months immediately preceding the event giving rise to the claim, or HKD 1,000, whichever is greater. If you have not paid any fees (for example, if all your usage was fee-free), our total liability shall not exceed HKD 1,000.
No Liability for Disputes Not Caused by Us: If you have a dispute with one or more users or third parties (such as a seller you paid or a recipient of funds), you release us from any and all claims, demands and damages arising out of or in any way connected with such disputes. We may try to help resolve disputes as a gesture of customer service, but we are not liable for the outcome.
Exceptions: Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our gross negligence or willful misconduct.
- Fraud or fraudulent misrepresentation.
- Any other liability that cannot be limited or excluded under Hong Kong law.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. However, in such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.
You acknowledge that we provide the Service at a relatively low cost (often free to the user for basic features), relying on these limitations of liability and that this Section is a fundamental part of the bargain between you and us.
13. Indemnification
You agree to defend, indemnify, and hold harmless Bullswipe Solutions Limited and its affiliates, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from or related to:
- Your Use of the Service: Any use or misuse of the Service under your account or by someone using your credentials (whether or not authorised by you), including any actions that cause harm to any person or violate any law or rights of a third party.
- Breach of Terms: Your violation of any term of these Terms, the Privacy Policy, or any other agreement with Bullswipe.
- Violation of Law or Rights: Your violation of any law or regulation, or of any rights of a third party (for example, infringement of someone’s intellectual property, or engaging in libel or defamation via our Service).
- Fraudulent or Negligent Conduct: Any fraud, gross negligence, or willful misconduct by you in connection with your use of the Service.
- Disputes with Other Parties: Any dispute you have with a third party (including but not limited to other users, merchants, or recipients of your transfers), where that third party brings a claim or allegation against any of the Indemnified Parties due to actions traceable to you.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without relieving you of your indemnification obligations). In such a case, you agree to cooperate with our defence of those claims as reasonably requested. You shall not settle any claim that implicates or imposes any obligation on the Indemnified Parties without our prior written consent.
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.
14. Dispute Resolution and Arbitration
14.1. Amicable Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Service (each, a “Dispute”), the parties (you and us) shall first attempt to resolve the matter in good faith through our customer support. You agree to contact us at support@bullswipe.com to discuss any concerns, and we will likewise contact you via your email on file. We will attempt to resolve the Dispute informally within 30 days of notice of the Dispute.
14.2. Arbitration Agreement: If we are unable to resolve the Dispute informally, the Dispute shall be referred to and finally resolved by arbitration in Hong Kong. Both you and the Company agree that:
- The arbitration shall be administered by the Hong Kong International Arbitration Centre (HKIAC) and conducted in accordance with the HKIAC Administered Arbitration Rules in force at the time of the arbitration, which rules are deemed to be incorporated by reference into this clause.
- The seat (legal place) of arbitration shall be Hong Kong. The language of arbitration shall be English (unless both parties agree to use Cantonese or another language).
- The arbitration will be conducted by a single arbitrator, unless the parties agree on three arbitrators. If the parties cannot agree on the arbitrator(s) within 14 days of one party providing a written request to arbitrate to the other, the arbitrator(s) shall be appointed by HKIAC.
- The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The parties agree that the arbitration award may be enforced against the parties or their assets wherever they may be found.
14.3. Class Action Waiver: To the extent permissible by law, all Disputes shall be resolved on an individual basis only, and not as a representative or class action. You waive any right to participate in a class action against us. The arbitrator shall not have the authority to consolidate disputes or grant relief on behalf of anyone who is not a party to the arbitration.
14.4. Injunctive Relief: Notwithstanding the above, either party may seek interim or preliminary injunctive relief or other equitable relief from a court of competent jurisdiction in Hong Kong to prevent immediate and irreparable harm, pending the final decision of the arbitrator. Seeking such relief shall not be deemed a waiver of the arbitration agreement.
14.5. Small Claims Option: If your claim is eligible to be resolved in a small claims tribunal or court (for example, the Small Claims Tribunal in Hong Kong, which as of now handles certain cases up to a monetary limit), you retain the option to pursue the matter in such small claims forum instead of arbitration, as long as the claim remains in that forum on an individual (non-class) basis.
14.6. Confidentiality: The arbitration proceedings, including all information, documents, and evidence submitted, and the arbitral award, shall be confidential, except as necessary to enforce the award or as required by law.
By agreeing to these Terms, you acknowledge that you are waiving your right to a trial by court or jury for any Dispute with us, and that you consent to the terms of this arbitration section.
15. Governing Law
These Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law principles.
This governing law clause operates subject to the Dispute Resolution and Arbitration clause above. While Hong Kong law governs the interpretation of these Terms, any arbitration (or court action, if permitted) will apply Hong Kong law to the merits of any dispute.
If, for any reason, a dispute is not subject to arbitration (for example, a claim that is allowed to be litigated in court notwithstanding the arbitration clause), then you and we agree to submit to the exclusive jurisdiction of the courts of Hong Kong. You and the Company consent to venue and personal jurisdiction in Hong Kong and waive any objections on the grounds of inconvenient forum or otherwise.
16. Miscellaneous Provisions
16.1. Entire Agreement: These Terms, along with the Privacy Policy and any other policies, guidelines, or terms that are incorporated by reference, constitute the entire agreement between you and Bullswipe Solutions Limited concerning the Service. They supersede any prior agreements, communications, and proposals, whether oral or written, between you and us regarding the Service. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
16.2. Amendments: We may modify these Terms from time to time. When we do so, we will give notice to users as required (for example, by updating the “Last Updated” date and perhaps an in-app notification or email for significant changes). Continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account. No variation or modification of these Terms by you shall be effective unless in writing and signed by an authorised representative of the Company.
16.3. No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. A waiver of one breach shall not be deemed a waiver of any other breach or subsequent breach.
16.4. Severability: If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalid/unenforceable part will, to the extent permitted by law, be interpreted to reflect the original intention of the parties (or else severed if no such interpretation is possible), while not affecting the validity of the rest of the Terms.
16.5. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
16.6. No Agency: Nothing in these Terms is intended to create any agency, partnership, joint venture, or employment relationship between you and the Company. Neither party has any authority to bind the other in any respect.
16.7. Force Majeure: We shall not be liable for any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control, whether foreseeable or unforeseeable, including but not limited to: acts of God, natural disasters, epidemic or pandemic, power failures, internet or telecommunications outages, labor disputes, war or terrorism, civil disturbances, governmental actions, or the failure or disruption of third-party services.
16.8. Communications and Notices: We may provide notices or other communications to you regarding your account or these Terms electronically: via email (to the address associated with your account), via text message or push notification, or by posting notices on our website or through the app. For notice via email, the notice will be considered received 24 hours after sending unless we receive a bounce-back indicating the email address is invalid. It is your responsibility to keep your contact information up to date. You may contact us as described in the Contact Information section below.
16.9. Language: These Terms are drafted in English. If we provide translations in other languages, it is for reference only. In the event of any inconsistency or ambiguity between the English version and a translated version, the English version shall prevail. All proceedings (whether arbitration or court, as applicable) will be conducted in English, unless otherwise agreed.
16.10. Rights of Third Parties: A person or entity who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of Hong Kong) or similar laws to enforce any term of these Terms, except for any indemnified party as set out in Indemnification above, who may enforce the indemnity.
Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Service, you may contact us through the following:
- Customer Support Email: support@bullswipe.com
- Telephone: +852 [XXXX-XXXX] (available Mon-Fri, 9am-6pm HKT, except public holidays)
- Mailing Address: Swoki Solutions Limited, 9/F Wui Tat Centre, No. 55 Connaught Road West, Sheung Wan, Hong Kong
Attn: Legal Department
We will do our best to address and resolve your inquiry promptly. For formal legal notices or service of process, please send them to our mailing address above, Attn: Legal Department.