Terms of Website Use and Terms and Conditions of Supply
Part A: Terms of Website Use
1. General Terms
- The SWAP Website is a site operated by Swap Logistics Distribution Sdn. Bhd. trading as SWAP (“SWAP”). SWAP has its principal place of business at Unit L2-3, Level 2, Wisma Kemajuan, No. 2 Jalan 19/1B, 46300 Petaling Jaya, Selangor.
2. Use of the SWAP Website
- Access to the SWAP Website is permitted on a temporary basis and SWAP reserves the right to withdraw or amend the service SWAP provides on the SWAP Website without notice. SWAP will not be liable to you if for any reason the SWAP Website is unavailable at any time or for any period including any inability to access the SWAP Website caused by your equipment or the internet connection you use to access the SWAP Website. You are responsible for making all arrangements necessary for you to have access to the SWAP Website.
- From time to time, SWAP may restrict access to some parts of the SWAP Website, which may include restrictions to users who have previously registered with SWAP.
- When using the SWAP Website, you agree that you will use the SWAP Website only for lawful purposes.
- Specifically, you may not use the SWAP Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
f.You also agree not to:
- use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from the SWAP Website; and/or
iii. attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
A.any part of the SWAP Website;
B.any equipment or network on which the SWAP Website is stored;
C.any software used in the provision of the SWAP Website; or
D.any equipment or network or software owned or used by any third party.
A breach of section (iii) above may result in you committing a criminal offence. SWAP will report any such breach to the relevant law enforcement authorities and SWAP will co-operate with those authorities by disclosing your identity to them.
3. SWAP Website rights
- SWAP is the owner or the licensee of all intellectual property rights in the SWAP Website and in the material published on it, including the SWAP. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy and may download extracts, of any page(s) from the SWAP Website for your personal reference only.
- You must not otherwise reproduce any copies of any materials you have printed off or downloaded in any way including any illustrations, photographs, video or audio sequences or any graphics.
- You must not use any part of the materials on the SWAP Website for commercial purposes without obtaining a licence to do so from SWAP or SWAP's licensors.
5. Linking to and from the SWAP Website
- You may link to SWAP’s home page, provided you do so in a way that is fair and legal and does not damage SWAP’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on SWAP's part where none exists.
- You must not establish a link to the SWAP Website from any website that is not owned by you.
- If you wish to make any use of material on the SWAP Website other than that set out above, please address your request to[[email protected]].
- Where the SWAP Website contains links to other sites and resources provided by third parties, these links are provided for your information only. SWAP has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by SWAP of or any affiliation between SWAP and that third party or the products or services that they offer. You acknowledge and agree that SWAP is not responsible or liable for (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.
6. SWAP's liability
- The material displayed on the SWAP Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, in relation to your use of the SWAP Website, SWAP and other members of any group of companies associated with SWAP hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- all liability for any loss suffered or incurred by you by your use, inability to use or reliance on the SWAP Website or any result derived from its use (or use of any websites linked to it), regardless of the nature of that loss, whether direct, indirect or consequential or damage incurred by any user in connection with the SWAP Website or in connection with the use, inability to use or reliance on, or results of the use of the SWAP Website, any websites linked to it and any materials posted on it;
- liability for loss of income or revenue, liability for loss of anticipated savings, liability for loss of data, or any other loss or damage of any kind,
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- The above clause 6a does not affect SWAP's liability to you for:
- death or personal injury arising from SWAP's negligence;
- fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law, including the Malaysian Consumer Law.
- SWAP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the SWAP Website or to your downloading of any material posted on it, or on any website linked to it.
8. Your concerns
If you have any concerns about material that appears on the SWAP Website, please email [[email protected]].
Part B: Terms and Conditions of Supply
These terms and conditions of supply govern the sale of SWAP Mobile Devices through the SWAP Website from SWAP to you.
1. General Terms
- Please read these terms and conditions of supply carefully before submitting your order through the SWAP Website. You should understand that by submitting an order, you agree to these terms and conditions of supply.
- You should print and keep a copy of these terms and conditions of supply for future reference.
By placing an order through the SWAP Website, you warrant that you:
- are accessing the SWAP Website from Malaysia;
- are legally capable of entering into a binding contract;
- are a resident of Malaysia, and the delivery address you supply is a Malaysian address;
- are at least 18 years of age, (if you are under 18, your parent or guardian will need to purchase a SWAP Mobile Device from SWAP on your behalf);
- are not a business or carrying on a business;
- intend to use the SWAP Mobile Device for which you have placed an order in Malaysia, and for personal use only;
- are not purchasing the SWAP Mobile Device for export, or resale to another person;
- will comply with all laws that apply to your use of the SWAP Website and your purchase of a SWAP Mobile Device from SWAP;
- release SWAP from all liabilities or claims that may arise if you purchase a SWAP Mobile Device from SWAP in breach of this warranty; and
- have read and agreed to these terms and conditions of supply.
3. How a contract is formed between SWAP and you
- If you refuse to accept these terms and conditions of supply, you will not be able to place an order via the SWAP Website.
- When you place an order for a SWAP Mobile Device using the SWAP Website, you offer to purchase the SWAP Mobile Device in your order in accordance with these terms and conditions of supply.
- SWAP will send you an email confirming receipt, acceptance, and the details of, your order.
- Ownership of the SWAP Mobile Device will pass to you when you receive the SWAP Mobile Device.
- SWAP may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of SWAP's rights or obligations arising under it.
4. Rejection and cancellation of your offer to purchase
- SWAP may reject your offer to purchase a SWAP Mobile Device at its discretion.
- If SWAP rejects your offer to purchase a SWAP Mobile Device, it will do so prior to dispatch of the BrigSWAPtstar Mobile Device you have offered to purchase.
- You can cancel your offer to purchase a SWAP Mobile Device from SWAP at any time before SWAP dispatches the SWAP Mobile Device the subject of the relevant order to you.
- If your order is rejected or cancelled, SWAP will refund any amounts you have paid to SWAP within a reasonable period.
- A contract cannot be cancelled by you after SWAP dispatches the SWAP Mobile Device to you.
- When placing your order, you will be required to select a payment option and accept the terms and conditions of SWAP’s payment service partner based on the payment option that you have selected.
- Prices listed on the SWAP Website are subject to change at any time without notice.
- All prices are in Malaysian Ringgit and are inclusive of sales and services tax (SST).
- SWAP will pay for the postage of your SWAP Mobile Device to you.
- SWAP will endeavour to provide express delivery, but SWAP's delivery times are estimates – they are not guaranteed delivery times and should not be relied upon.
- You have 7 days from the date you receive your SWAP Mobile Device to request a return and a replacement SWAP Mobile Device or refund of the purchase price from SWAP if the SWAP Mobile Device:
I. is not the item you ordered;
ii. is damaged; or
iii. is defective or not functioning in accordance with the original equipment manufacturer’s specifications,
(subject to the conditions in this clause8) (the “SWAP 7-Day Return Policy”).
- To return your SWAP Mobile Device under the SWAP 7-Day Return Policy, you must, within 7 days of your receipt of the mobile device:
- go to the SWAP Website and print or screen capture the result as proof of purchase of your SWAP Mobile Device;
- contact SWAP by e-mail at[[email protected]]to request a Return Authorisation (RA);
- supply SWAP with the IMEI of your SWAP Mobile Device or the order number or invoice number from when you purchased the SWAP Mobile Device. The IMEI will be on the exterior of the clear plastic box in which your SWAP Mobile Device was delivered. You can also retrieve the IMEI of your SWAP Mobile Device by dialling *#06# on your SWAP Mobile Device.
- To qualify for a replacement or refund under the SWAP 7-Day Return Policy, all the following conditions must be met:
- the SWAP Mobile Device must be unopened, and in the original packaging provided by SWAP along with all accessories (including manuals, warranty cards, certificate of authenticity) and bundled free gifts received along. All packaging must be unused, unmarked and not defaced in any manner;
- the IMEI of the mobile device you return to SWAP must be the same as the IMEI of the SWAP Mobile Device sold to you – that is, it must be the same mobile device SWAP or its authorised partner supplied to you;
- the returned SWAP Mobile Device must be returned in good physical condition (not physically broken or damaged); and
- if more than one (1) item is purchased in a single order, all items of the order must be returned together.
- Once SWAP receives and verifies that the returned SWAP Mobile Device qualifies for a refund, SWAP may, at its discretion, choose one of the following options:
- a replacement product; or
- a refund for the original purchase price plus applicable taxes.
- If SWAP chooses to provide you with a replacement product, SWAP will arrange with you on the delivery of the replacement product. All costs and expenses for delivery of the replacement product will be borne by SWAP.
- If SWAP chooses to provide you with a refund, please note that SWAP can only refund the original purchase price of the SWAP Mobile Device to the payment method used by you to purchase the SWAP Mobile Device.
- Refunds will be processed and paid within fifteen (15) working days after SWAP receives and verifies the eligibility of the returned SWAP Mobile Device.
- If SWAP determines that the returned SWAP Mobile Device is not eligible for a replacement or a refund and if you request for the SWAP Mobile Device to be returned to you, you agree to bear all costs and expenses relating to the return of the SWAP Mobile Device.
9. Your Rights
- The warranty and returns rights offered by SWAP to you apply in addition to other rights and remedies you may have under law including under the Malaysian Consumer Law.
10. Your responsibilities
- Upon delivery of your BrigSWAPtstar Mobile Device to you, you must inspect the SWAP Mobile Device and notify SWAP of any damage, defect or fault to the SWAP Mobile Device or discrepancies between the SWAP Mobile Device delivered to you and the device the subject of your order.
b.You should contact SWAP to initiate a return of your SWAP Mobile Device within 7 days of receipt if:
i.you become aware of the damage, defect or fault; or
- you become aware of the discrepancy between the SWAP Mobile Device you ordered, and the SWAP Mobile Device delivered.
11. SWAP's warranties for SWAP Mobile Devices
- SWAP is not the manufacturer of SWAP Mobile Devices sold on the SWAP Website. SWAP refurbishes and resells used mobile devices. When you order a mobile device from SWAP, you acknowledge that you are purchasing a used product.
- Other than is required by Malaysian Consumer Law, or as set out in SWAP's 7-Day Return Policy, SWAP makes no warranty or guarantee in relation to the SWAP Mobile Device and gives no assurance or indemnity as to any matter relating to the SWAP Mobile Device, including without limitation, relating to its design, condition, merchantability, fitness, capacity or suitability for a particular purpose, durability or quality of their material or workmanship, or their non-infringement of any intellectual property rights.
- You acknowledge and agree that except for the express conditions, representations, warranties, guarantees and obligations provided in these terms and conditions of supply, and any conditions, representations, warranties, guarantees and obligations imposed and required to be binding by law in Malaysia (including Malaysian Consumer Law) all conditions, representations, warranties, guarantees and obligations, whether express, implied or statutory, including without limitation, all conditions, representations, warranties, guarantees and obligations imposed as to performance or which might arise from course of dealing, course of performance, custom, usage, or trade as well as conditions, representations, warranties, guarantees and obligations of merchantability and fitness for a particular purpose are hereby expressly excluded and disclaimed by SWAP.
12. SWAP's liability in connection with SWAP Mobile Devices
- This clause must be read subject to Malaysian Consumer Law and SWAP's 7-day Return Policy (where applicable). These terms and conditions of supply are not intended to exclude, restrict or modify your rights under Malaysian Consumer Law.
- To the full extent permitted by law, SWAP's maximum aggregate liability to you for any loss arising from your offer or the sale of a SWAP Mobile Device to you is limited to a refund of the purchase price to you (including any delivery costs).
- The Malaysian Consumer Law may imply conditions, representations, warranties, guarantees or impose obligations upon SWAP which cannot be excluded, restricted, modified or indemnified against. If this applies, to the extent to which SWAP is permitted by law, SWAP limits its liability to, at its option, the replacement of the SWAP Mobile Device with an equivalent mobile device.
- SWAP will not be liable to you or any third party for any incidental, special, indirect, consequential damage or loss, including, but not limited to, damage or loss or loss of use, loss of time, inconvenience, commercial loss, lost profits, lost savings, lost revenues, lost business opportunities, damage to goodwill or reputation, or loss of data to the fullest extent allowed by law even if you or any third party has been notified of the possibility of such loss or damage except to the extent such loss, damage or inconvenience is suffered or incurred by you or any third party in respect of SWAP's deceit, fraud or other unlawful acts, death or personal injury caused by negligence, damage to or loss or destruction of real or personal property.
- SWAP will not be liable or responsible for any failure to perform or delay in performance of, any of SWAP's obligations under a Contract that is caused by events outside SWAP's reasonable control or due to SWAP's compliance with any applicable laws or regulations.
- You acknowledge and agree that except as provided under Malaysian Consumer Law, or in these terms and conditions of supply, the SWAP 7-day Return Policy, under no circumstances are you entitled to return or exchange, or have any other rights of recourse against SWAP, in respect of a BriSWAPghtstar Mobile Device purchased from SWAP under these terms and conditions of supply.
- To the full extent permitted by law, you fully waive, release and discharge SWAP from all losses, damages, actions, claims, costs, expenses and liabilities whatsoever which SWAP may sustain or incur in connection with SWAP Mobile Devices, including as may be implied by or stipulated under any law. You acknowledge and agree that SWAP has accepted your offer to purchase a SWAP Mobile Device in reliance on this clause.
Part C: General Provisions
1. The courts of Malaysia will have exclusive jurisdiction over any claim arising from, or related to, a visit to the SWAP Website or the purchase of a SWAP Mobile Device through the SWAP Website.
4. If any provision is void, unenforceable or contrary to law, that provision will be excluded from the contract formed with you.
- “Malaysian Consumer Law” means the Consumer Protection Act 1999, as amended from time to time;
- “SWAP” means SWAP Logistics Distribution Sdn Bhd trading as SWAP;
- “SWAP 7-day Return Policy” has the meaning given in clause 8a of the terms and conditions of supply;
- “SWAP Mobile Device” means a product you purchase from SWAP through the SWAP Website;
- “SWAP Website” means http://shop.swap-asia.com;
- “terms and conditions of supply” means Part B of these terms of website use and terms and conditions of supply;
- “you” means the person who places an order through the SWAP Website.