1. General Terms

1. You agree that by accessing this Website, you have read, understood, and agree to be bound by all of these Terms of Use of this Website. If you do not agree with all of these Terms of Use including but not limited to SWAP’s Privacy Policy, then you are expressly prohibited from using this Website and you shall discontinue the use immediately.
2. Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. SWAP reserve the right, in its sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
3. SWAP Website is a website 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

1. 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 own devices, 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.
2. 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.
3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of SWAP’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. SWAP will not be responsible or liable in any way in the event you suffer any loss or damage following any unauthorised use or misuse of your password. SWAP has the right to disable any user identification code or password, whether chosen by you or allocated by SWAP, at any time, if in SWAP’s opinion you have failed to comply with any of these Terms of Use.
4. When using the SWAP Website, you agree that you will use the SWAP Website only for lawful purposes.
5. Specifically, you may not use the SWAP Website:
6. in any way that breaches any applicable local, national or international law or regulation;
7. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8. 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;
9. 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
10. 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.
11. You also agree not to:
12. reproduce, duplicate, copy or re-sell any part of the SWAP Website in contravention of the provisions of these Terms of Use; and/or
13. 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
14. attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
15. any part of the SWAP Website;
16. any equipment or network on which the SWAP Website is stored;
17. any software used in the provision of the SWAP Website; or
18. 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.

7. SWAP reserves the right to determine, in its absolute discretion, what constitutes a breach of these Terms of Use, breach of the Terms and Conditions of Supply or other abuse of the SWAP Website or SWAP’s system. If SWAP determines that a breach of these Terms of Use, and/or breach of the Terms and/or Conditions of Supply and/or abuse of the SWAP Website or SWAP’s system has taken place, SWAP may reserve, suspend or permanently prohibit your use of the SWAP Website including deleting your account and banning you from using SWAP’s services.

3. SWAP Website rights

1. SWAP is the owner or the licensee of all intellectual property rights in the SWAP Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy and may download extracts, of any page(s) from the SWAP Website for your personal reference only.
3. You must not otherwise reproduce any copies of any materials you have printed and/or downloaded in any way including any illustrations, photographs, video or audio sequences or any graphics.
4. 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.

4. The SWAP Privacy Policy

SWAP will process the information you provide in accordance with SWAP’s Privacy Policy . By using the SWAP Website, you consent to such processing and you warrant that all data provided by you is accurate.

5. Linking to and from the SWAP Website

1. 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. You shall 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.
2. You must not establish a link to the SWAP Website from any website that is not owned by you.
3. The SWAP Website must not be framed on any other site, nor may you create a link to any part of the SWAP Website other than the home page. SWAP reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms of Use.
4. If you wish to make any use of material on the SWAP Website other than that set out above, please address your request to obtain permission from SWAP to webmaster@swap-asia.com.
5. 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

1. 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:
1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
2. all liability for any loss suffered or incurred by you, by your use or 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 for any damages suffered;
3. 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.

2. 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.

7. Variations

SWAP may amend these Terms of Use at any time. You are expected to check this page from time to time to take notice of any changes that SWAP has made, as they are binding on you. Any changes made to these Terms of Use will be effective immediately when they are published on the SWAP Website and your continued use of the SWAP Website will constitute your acceptance of the change to the updated Terms of Use.

8. Your concerns

If you have any concerns about material that appears on the SWAP Website, please email to webmaster@swap-asia.com.

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 Products through the SWAP Website.
2. If SWAP fails to exercise any of the rights or remedies to which SWAP are entitled under these terms of use and Terms and Conditions of Supply, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
3. If any of these terms of use or Terms and Conditions of Supply are determined by any competent authority to be invalid, unlawful or enforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term, these terms of use and Terms and Conditions of Supply shall continue to be valid to the fullest extent permitted by law.
4. If any provision is void, unenforceable or contrary to law, that provision will be excluded from the contract formed with you.
5. In these terms of use and Terms and Conditions of Supply:
6. “Malaysian Consumer Law” means the Consumer Protection Act 1999, as amended from time to time;
7. “SWAP” means SWAP Logistics Distribution Sdn. Bhd. trading as SWAP;
8. “SWAP 7-day Return Policy” has the meaning given in clause 8 of the Terms and Conditions of Supply;
9. “SWAP Products” means a product you have purchased from SWAP through the SWAP Website;
10. “SWAP’s Privacy Policy” means the privacy policy available at https://www.swap-asia.com/privacy-policy/;
11. “SWAP Website” means https://shop.swap-asia.com;
12. “Terms and Conditions of Supply” means Part B of these terms of website use and terms and conditions of supply;
13. “Terms of Use” means Part A of these terms of website use and Terms and Conditions of Supply; and
14. “you” means the person who places an order through the SWAP Website.