Policies & Legal Framework

1.1 Introduction

Welcome to SwiftDrop (the "Platform", "we", "us", "our"). These Terms of Service ("Terms") govern your use of the SwiftDrop website, mobile applications, and related services (collectively, the "Services"). By registering for or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

SwiftDrop operates as a marketplace connecting buyers and sellers of new and second-hand goods. We facilitate transactions, provide identity verification, and offer dispute resolution services. However, we are not a party to any contract between buyers and sellers; we merely provide a platform for users to transact.

1.2 Eligibility

You must be at least 18 years of age and a legal resident of the Republic of South Africa to use SwiftDrop. By using the Services, you represent and warrant that you meet these eligibility requirements. We may request proof of age or residency at any time. Users under 18 are strictly prohibited.

1.3 Account Registration

To use the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update it promptly if changes occur. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

We reserve the right to refuse registration or to suspend or terminate accounts at our sole discretion, without liability.

1.4 Identity Verification (KYC)

All users must complete Know Your Customer (KYC) verification before they can list items or make offers. This includes:

• Live Face Capture: A series of poses (blink, turn left, turn right, nod) recorded via webcam.
• ID Document: Front and back of a smart ID card or full page of an ID book, captured live.
• Proof of Address: A recent utility bill, bank statement, or official letter showing your name and physical address, captured live.

We use third‑party services to verify the authenticity of documents and may retain copies for compliance and fraud prevention. Failure to complete verification will restrict your account.

1.5 Fraud Detection & Duplicate ID Monitoring

Our systems automatically scan for duplicate South African ID numbers. If we detect that your ID number is already registered to another account, we will flag both accounts as potential fraud and initiate a fraud case. Such accounts will be blocked from trading until the case is resolved. Using another person’s ID is a criminal offense under South African law and will be reported to SAPS.

1.6 Listing Items

Sellers may list items for sale. Each listing must include an accurate description, condition (new/used), price, and images. Sellers must not list prohibited items (see Section 12). Listings must not contain misleading information, counterfeit goods, or stolen property. We reserve the right to remove any listing that violates these Terms or that we deem inappropriate.

1.7 Making Offers & Purchases

Buyers may make offers on listed items. Offers are binding: once a seller accepts, a transaction is created. The buyer must then complete payment within the specified timeframe (currently 3 hours). If payment is not completed, the transaction may expire and the item will be relisted. Sellers may decline offers without explanation.

1.8 Fees & Payments

SwiftDrop charges sellers a transaction fee of 2.57% of the total sale amount (excluding shipping). This fee covers payment processing (2.37% to Yoco) and platform commission (0.20%). Fees are deducted automatically from the payment before funds are released to the seller. We may change fees upon notice.

All payments are processed securely through Yoco (PCI‑DSS compliant). We never store your card details. Payments are held in escrow until the buyer confirms delivery via OTP. In case of disputes, funds may be held until resolution.

1.9 Delivery & OTP Confirmation

After payment, the seller must arrange delivery. The buyer will receive a unique OTP (One‑Time Password) via email and SMS. The seller must enter this OTP upon delivery to confirm receipt. Only then are funds released to the seller. If the buyer does not provide the OTP within 7 days of delivery notification, we may release funds after investigation.

1.10 Dispute Resolution

If a dispute arises between buyer and seller, both parties should first communicate directly. If unresolved, either party may open a dispute via our support system. We will review the case based on provided evidence (photos, messages, tracking numbers). We may issue a final decision, including refunds or fund release. Our decision is final and binding.

1.11 Prohibited Activities

You may not use the Services for any illegal purpose, including but not limited to:

• Money laundering or terrorist financing.
• Fraud, identity theft, or impersonation.
• Harassment, threats, or abuse of other users.
• Circumvention of our fee structure.
• Reverse engineering or scraping of the platform.

1.12 Account Suspension & Termination

We may suspend or terminate your account for any violation of these Terms, for fraudulent activity, or at our sole discretion. Upon termination, you will lose access to your account and any pending transactions may be cancelled. We may withhold funds if necessary to resolve disputes or liabilities.

1.13 Limitation of Liability

To the fullest extent permitted by law, SwiftDrop and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including but not limited to loss of profits, data, or goodwill. Our total liability shall not exceed the total fees paid by you to us in the six months preceding the event giving rise to the claim.

1.14 Indemnification

You agree to indemnify and hold harmless SwiftDrop and its affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your misuse of the Services.

1.15 Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of the Western Cape Division, Cape Town, and you hereby consent to the personal jurisdiction of such courts.

1.16 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

1.17 Entire Agreement

These Terms, together with our Privacy Policy and all other policies referenced herein, constitute the entire agreement between you and SwiftDrop regarding your use of the Services and supersede all prior agreements and understandings.

2.1 Scope

This Privacy Policy explains how SwiftDrop collects, uses, discloses, and protects your personal information when you use our Services. It complies with the Protection of Personal Information Act (POPIA) and other applicable South African laws.

2.2 Information We Collect

We collect the following categories of personal information:

• Registration Information: Name, email address, phone number, physical address, South African ID number, gender, and location.
• Verification Data: Live face images, ID document images, proof of address images, and associated metadata.
• Transaction Data: Listings, offers, amounts, payment details, shipping addresses, and communication logs.
• Technical Data: IP address, browser type, operating system, device identifiers, and usage analytics.
• Communications: Messages between users, support inquiries, and any other correspondence.

2.3 How We Use Your Information

We use your information to:

• Create and manage your account.
• Verify your identity and prevent fraud (including duplicate ID detection).
• Facilitate transactions, including payment processing and delivery.
• Communicate with you about your account, transactions, and important updates.
• Resolve disputes and enforce our policies.
• Improve our Services and conduct research.
• Comply with legal obligations, including reporting to law enforcement when required.

2.4 Legal Basis for Processing (POPIA)

We process personal data based on the following lawful grounds:

• Performance of a contract: to provide the Services and facilitate transactions.
• Compliance with legal obligations: to comply with anti‑fraud laws and court orders.
• Legitimate interests: to prevent fraud, ensure security, and improve our platform.
• Consent: where you have given explicit consent for specific processing (e.g., marketing emails).

2.5 Data Sharing & Disclosure

We may share your personal information with:

• Other Users: When you transact, your name, location, and contact details may be visible to the other party as necessary for the transaction.
• Payment Processors: Yoco receives payment details to process transactions.
• Law Enforcement: When required by law or to protect our rights, we may disclose information to SAPS or other authorities.
• Service Providers: Third‑party vendors that assist with hosting, analytics, and customer support (subject to confidentiality agreements).

We do not sell your personal information to third parties.

2.6 Data Security

We implement industry‑standard security measures, including encryption, firewalls, and access controls, to protect your information. However, no method of transmission over the Internet is 100% secure. You are responsible for keeping your login credentials safe.

2.7 Data Retention

We retain personal information for as long as your account is active or as needed to provide the Services. We may retain certain information after account closure for legal compliance, fraud prevention, and dispute resolution (typically up to 5 years). Verification images may be retained for longer due to their role in identity verification.

2.8 Your Rights (POPIA)

You have the right to:

• Request access to the personal information we hold about you.
• Request correction of inaccurate or incomplete information.
• Request deletion of your information (subject to legal retention).
• Object to processing based on legitimate interests.
• Withdraw consent where processing is based on consent.

To exercise these rights, contact us at privacy@swiftdrop.co.za. We may require proof of identity.

2.9 International Data Transfers

We may transfer your data to service providers located outside South Africa. We ensure appropriate safeguards are in place, such as standard contractual clauses, to protect your information.

2.10 Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by email or via a prominent notice on the site. Continued use after such notice constitutes acceptance of the updated policy.

3.1 Why We Verify

SwiftDrop is committed to providing a safe and trustworthy environment. We use Know Your Customer (KYC) procedures to:

• Prevent identity theft and fraudulent accounts.
• Comply with anti‑money laundering (AML) regulations.
• Ensure that each user is a real, verifiable person.
• Enable secure transactions and dispute resolution.

3.2 Verification Steps

All users must complete the following steps before they can buy or sell:

1. Live Face Capture: Using your device’s camera, you will be guided through a series of actions (blink, turn left, turn right, nod). Each action is captured and stored. No photos from your gallery are accepted.
2. ID Document Capture: You must capture your South African ID document live – either the front and back of a smart ID card or the full page of an ID book. The image must be clear and legible.
3. Proof of Address Capture: You must capture a recent utility bill, bank statement, or official letter showing your name and physical address. The document must be captured live; no uploads from gallery are allowed.

After submission, our team reviews the documents (typically within 24‑48 hours). Once approved, your account is fully verified.

3.3 Fraud Detection Systems

Our automated systems continuously monitor for suspicious activity, including:

• Duplicate ID Numbers: If we detect that the same South African ID number is used by more than one account, both accounts are flagged for fraud investigation.
• Unusual Transaction Patterns: Rapid sales, high‑value transactions, or sudden changes in behavior may trigger manual review.
• Document Tampering: We use image analysis to detect edited or altered ID documents.
• IP Address & Device Fingerprinting: To detect multiple accounts from the same source.

3.4 Fraud Cases & Reporting to SAPS

When a potential fraud is detected, we create a fraud case with a unique case number. The account(s) involved are restricted until the case is resolved. If we confirm fraud (e.g., use of another person’s ID), we will report the matter to the South African Police Service (SAPS) with all relevant evidence. We cooperate fully with law enforcement investigations.

3.5 Consequences of Fraud

Fraudulent activities may result in:

• Permanent account suspension.
• Forfeiture of funds in escrow.
• Civil or criminal prosecution.
• Blacklisting from the platform.

3.6 Appeals & Resolution

If your account is flagged for fraud, you will receive a notification and can contact us to provide additional documentation. We will review the case and, if you are the legitimate owner of the ID, may lift the restrictions. Misrepresentations may lead to permanent suspension.

4.1 Becoming a Seller

After completing KYC verification, any user may list items for sale. Sellers must provide accurate descriptions, images, and set a price. Listings must comply with all applicable laws and our prohibited items list.

4.2 Listing Requirements

Each listing must include:

• A clear title and detailed description (including any defects).
• The condition (new, used, or refurbished).
• The price in South African Rand (ZAR).
• At least one clear image (max 5 images).
• Shipping options and costs (if any).

We may reject or remove listings that violate our policies.

4.3 Seller Fees

When a sale is completed, SwiftDrop deducts a fee of 2.57% of the total sale amount (excluding shipping). This fee is taken from the payment before funds are released to the seller. The fee breakdown is:

• 2.37% – Payment gateway fee (Yoco).
• 0.20% – Platform commission and bank charges.

There are no listing fees. Fees are subject to change with prior notice.

4.4 Payment & Escrow

All payments are processed through Yoco. When a buyer pays, the funds are held in escrow until the buyer confirms delivery by providing the OTP. Only after OTP confirmation are funds released to your bank account (subject to standard processing times).

4.5 Shipping & Delivery

You are responsible for shipping items promptly (within 2 business days of payment confirmation). You must provide accurate tracking information if available. Failure to ship may result in transaction cancellation and negative feedback.

4.6 OTP Process

After shipping, you must wait for the buyer to receive the item. The buyer will provide an OTP; you must enter this OTP in your dashboard to confirm delivery and release funds. If the buyer fails to provide the OTP within 7 days after delivery notification, you may contact support to release funds.

4.7 Returns & Refunds

Sellers are encouraged to establish their own return policies. However, if an item is materially different from its description or arrives damaged, the buyer may open a dispute. We may require the seller to accept a return and issue a refund. Refunds will be processed through the original payment method.

4.8 Seller Performance Metrics

We monitor seller performance, including response time, shipping speed, and dispute rate. Sellers with repeated issues may face account restrictions or higher fees.

5.1 Coverage

SwiftDrop offers buyer protection to eligible purchases. This means that if you do not receive your item or it is significantly not as described, you may be eligible for a refund under our dispute resolution process.

5.2 Conditions

To be eligible, you must:

• Have completed payment through the platform (off‑platform payments are not covered).
• Have attempted to resolve the issue with the seller directly.
• File a dispute within 14 days of the expected delivery date (or within 30 days of payment for digital goods).
• Provide evidence (photos, messages, tracking details).

5.3 Dispute Process

If you and the seller cannot agree, you may escalate the dispute to SwiftDrop. We will review the evidence and may issue a decision, which may include a full or partial refund. The decision is final and binding.

5.4 Exclusions

Buyer protection does not cover:

• Change of mind or buyer’s remorse.
• Items described as “as‑is” or with disclosed defects.
• Digital goods that have been downloaded.
• Custom or personalized items.
• Items prohibited by our policies.

6.1 Escalation

If you have an issue with a transaction, first contact the other party through the platform’s messaging system. Most disputes are resolved through direct communication. If unresolved, you may open a formal dispute through your dashboard.

6.2 Evidence

When you open a dispute, please provide all relevant evidence:

• Screenshots of messages.
• Photos of the item received (if damaged).
• Tracking information (if applicable).
• Any other documentation that supports your claim.

6.3 Review & Decision

Our support team will review the evidence and may ask for additional information. We aim to resolve disputes within 5‑7 business days. Our decision may include:

• Requiring a refund to the buyer.
• Releasing funds to the seller.
• Requiring the return of the item before refund.
• Suspending or terminating accounts of abusive parties.

6.4 Costs & Fees

We do not charge fees for dispute resolution. However, if we determine that a dispute was filed in bad faith, we may restrict the user’s ability to file future disputes.

7.1 Seller Return Policies

Each seller may set their own return policy, which must be clearly stated in the listing. If no policy is stated, the default is “returns accepted within 7 days of delivery at buyer’s expense.”

7.2 Return Process

To return an item, the buyer should first contact the seller. If the seller agrees to a return, the buyer must ship the item back using a trackable method. Upon receipt and inspection, the seller may issue a refund. If the seller does not cooperate, the buyer may open a dispute.

7.3 Refund Amount

Refunds will be issued for the full purchase price (including original shipping) if the item is defective or not as described. If the return is for buyer’s remorse, original shipping costs may not be refunded, and the buyer may be responsible for return shipping.

7.4 Processing Time

Refunds are processed within 5‑10 business days after the seller confirms receipt of the returned item. The refund will appear on your original payment method.

8.1 Shipping Responsibility

Sellers are responsible for shipping items to the address provided by the buyer. They must use reliable shipping methods and provide tracking numbers where possible. We recommend that sellers use registered post or courier services to ensure delivery confirmation.

8.2 OTP Generation

After the seller marks the item as shipped, our system generates a unique 6‑digit OTP. This OTP is sent to the buyer’s registered email and phone number. The buyer must keep this OTP confidential and only share it with the seller upon physical receipt of the item.

8.3 Confirmation of Delivery

The seller must enter the OTP provided by the buyer into their dashboard. This action confirms that the buyer has received the item in satisfactory condition. Once entered, funds are released from escrow to the seller. If the OTP is entered before the buyer actually receives the item, the buyer should contact support immediately.

8.4 Buyer Non‑Confirmation

If the buyer does not provide the OTP within 7 days after the expected delivery date, the seller may request that we release funds. We will review the tracking information and, if delivery is confirmed, may release funds to the seller. The buyer will have the opportunity to dispute within that period.

8.5 Disputed Delivery

If the buyer claims they never received the item, the seller must provide proof of delivery (e.g., tracking showing “delivered”). If delivery is confirmed, we will release funds; if not, we may issue a refund to the buyer.

9.1 Retention Periods

We retain personal data for as long as your account is active or as needed to provide services. After account closure, we may retain certain data for:

• Legal compliance (e.g., anti‑money laundering records for 5 years).
• Fraud prevention and investigation.
• Dispute resolution (transactions may be stored for 7 years).
• Audit and security purposes.

9.2 Deletion Requests

You may request deletion of your personal data by contacting privacy@swiftdrop.co.za. We will delete data that is not subject to mandatory retention. However, some information may remain in anonymized form for statistical analysis.

9.3 Backup & Archival

We maintain encrypted backups of our databases. Even after deletion, residual copies may remain in backup systems for a limited period (up to 30 days).

10.1 What Are Cookies

Cookies are small text files stored on your device that help us remember your preferences and improve your experience.

10.2 Cookies We Use

• Essential Cookies: Required for authentication, security, and basic functionality. Cannot be disabled.
• Preference Cookies: Remember your language and region settings.
• Analytics Cookies: Help us understand how users interact with our site (Google Analytics).
• Session Cookies: Temporarily store your activity during a login session.

10.3 Managing Cookies

You can manage or disable cookies through your browser settings. However, disabling essential cookies may prevent you from using the platform.

10.4 Third‑Party Cookies

We use Yoco for payments; Yoco may set its own cookies. We do not control third‑party cookies. Please refer to Yoco’s privacy policy for details.

11.1 Our IP

All content on the platform, including logos, text, graphics, code, and trademarks, is owned by SwiftDrop or its licensors and is protected by copyright, trademark, and other laws. You may not copy, modify, or distribute our IP without prior written consent.

11.2 User Content

By uploading content (listings, images, messages), you grant us a non‑exclusive, worldwide, royalty‑free license to use, display, and store such content for the purpose of operating the platform. You retain ownership of your content.

11.3 Infringement Claims

If you believe that your intellectual property rights have been infringed, please contact us at ip@swiftdrop.co.za with detailed information. We will investigate and may remove infringing content.

12.1 Full List of Prohibited Items

The following items are strictly prohibited from being listed or sold on SwiftDrop:

• Illegal Goods: Drugs, narcotics, drug paraphernalia, weapons (firearms, knives, explosives), counterfeit currency, stolen property, and any item whose sale is prohibited by South African law.
• Hazardous Materials: Flammable, toxic, or radioactive substances.
• Adult Content: Pornographic material, sex toys, or services of an explicit nature.
• Animals & Wildlife: Live animals, endangered species, ivory, or products made from protected species.
• Intellectual Property Infringement: Counterfeit goods, unauthorized replicas, pirated software, or bootleg media.
• Human Body Parts & Fluids: Organs, blood, or reproductive materials.
• Financial Services: Gift cards, virtual currencies (except as allowed), or investment schemes.
• Digital Accounts: Selling accounts for online games, social media, or streaming services.
• Alcohol & Tobacco: Alcoholic beverages or tobacco products.
• Recalled Products: Items that have been recalled for safety reasons.

We reserve the right to remove any listing that we deem inappropriate, even if not explicitly listed.

12.2 Consequences of Listing Prohibited Items

If you list a prohibited item, we may immediately remove the listing, suspend your account, and report you to the authorities. Repeat offenders will be permanently banned.

13.1 Expected Behavior

We expect all users to treat others with respect and honesty. You agree not to:

• Harass, threaten, or abuse other users.
• Post false or misleading information.
• Circumvent our fee structure (e.g., requesting payment off‑platform).
• Engage in any activity that disrupts the platform.
• Impersonate another person or entity.

13.2 Reporting Violations

If you encounter a user violating these rules, please report them using the “Report” button or contact support. We will investigate and take appropriate action, which may include warnings, account suspension, or permanent bans.

13.3 Feedback & Ratings

After a transaction, both parties may leave feedback. Feedback should be honest and related to the transaction. Abusive or retaliatory feedback may be removed.

14.1 Grounds for Suspension

We may suspend or terminate your account immediately if:

• You violate these Terms.
• We suspect fraudulent activity.
• You fail to complete KYC verification.
• Your account is dormant for over 2 years.
• We receive a court order or legal request.

14.2 Effect of Termination

Upon termination, you lose access to your account and may not be able to complete pending transactions. We may cancel any pending transactions and refund buyers where appropriate. Funds held in escrow will be returned to the buyer or seller after review.

14.3 Appeal

If your account is suspended, you may appeal by contacting support. We will review the decision and may reinstate your account if appropriate.

15.1 Second‑Hand Goods Act Compliance

SwiftDrop complies with the Second‑Hand Goods Act (Act No. 6 of 2009) by maintaining records of all transactions, verifying identities of sellers, and cooperating with law enforcement. We retain transaction records for a minimum of five years as required by law.

15.2 Protection of Personal Information Act (POPIA)

We adhere to POPIA principles. You have the right to access and correct your personal data. For details, see our Privacy Policy (Section 2).

15.3 Electronic Communications and Transactions Act (ECTA)

We are registered as an e‑commerce service provider. Electronic transactions are legally binding, and we provide the necessary disclosures as required by ECTA.

16.1 Limitation of Liability

To the maximum extent permitted by law, SwiftDrop and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

Our total liability shall not exceed the total fees paid by you to us in the six months preceding the event giving rise to the claim.

16.2 Indemnification

You agree to indemnify and hold harmless SwiftDrop and its affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms.
• Your misuse of the Services.
• Your violation of any rights of another party.
• Your listing or sale of prohibited items.

We may amend these Terms and policies from time to time. We will notify you of material changes by email or a prominent notice on the site. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms. If you do not agree, you must stop using the Services.

The “Effective” date at the top of this page indicates when these Terms were last updated. Minor changes (e.g., typographical corrections) may be made without notice.

If you have any questions, concerns, or need to report a violation, please contact us:

• General Support: support@swiftdrop.co.za
• Fraud Reporting: fraud@swiftdrop.co.za
• Privacy & Data: privacy@swiftdrop.co.za
• Intellectual Property: ip@swiftdrop.co.za
• Phone: +27 (0) 21 123 4567
• Physical Address: 123 Main Street, Cape Town, 8001, South Africa

We aim to respond to all inquiries within 24‑48 hours on business days. For urgent matters, please call during office hours (09:00 – 17:00 SAST).