Terms of Use

General Terms
1. By accessing or using any website, web application, mobile application, online marketplace, online store or other digital platform operated, managed or made available by SWAP, its affiliates or related entities (the “Swap Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any applicable terms and conditions and policy. If you do not agree with these Terms of Use including but not limited to SWAP's Privacy Policy, you shall immediately discontinue your use of the Swap Platform.
2. SWAP reserves the right, in its sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Supplemental terms, policies, notices, guidelines and other documents published on SWAP Platform from time to time are incorporated into and shall form part of these Terms of Use. Your continued use of the SWAP Platform following such publication shall constitute your acceptance of the amended Terms of Use.
3. Certain products, services, campaigns, websites, mobile applications or other platforms available through the SWAP Platform may be governed by separate terms and conditions. In the event of any inconsistency between these Terms of Use and such separate terms and conditions, the separate terms and conditions shall prevail to the extent of the inconsistency in relation to the relevant product, service or platform.
Use of the SWAP Platform
1. SWAP will use reasonable efforts to maintain the availability of the SWAP Platform on a continuous basis but does not warrant that the SWAP Platform will be available at all times or that access to the Platform will be uninterrupted, secure or error-free operation.
2. The SWAP Platform may be unavailable from time to time due to:
  1. scheduled maintenance;
  2. emergency maintenance;
  3. upgrades or repairs;
  4. security or cyber incidents;
  5. telecommunications network failures or outages;
  6. acts of third-party service providers; or
  7. other events beyond SWAP's reasonable control.
3. SWAP may modify, suspend, discontinue or restrict access to all or any part of the SWAP Platform at any time without prior notice. SWAP will not be liable to you if for any reason the SWAP Platform is unavailable at any time or for any period including any inability to access the SWAP Platform caused by your own devices, equipment or the internet connection you use to access the SWAP Platform. You are responsible for making all arrangements necessary for you to have access to SWAP Platform.
4. SWAP may restrict access to some parts of SWAP Platform, from time to time, which may include restrictions to users who have previously registered with SWAP.
5. 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.
6. When accessing or using the SWAP Platform, including any marketplace, online store, trade- in service, account feature or other service made available through the SWAP Platform, you agree to use the SWAP Platform only for lawful purposes.
7. By submitting any feedback, suggestion, review, testimonial or comment relating to the SWAP Platform, Products or Services, you grant SWAP a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and sublicensable right to use, reproduce, publish, modify, distribute and otherwise exploit such feedback for any lawful purpose.
8. You represent and warrant that:
  1. you are legally capable of entering into a binding contract;
  2. you are at least 18 years of age, (if you are under 18, your parent or guardian will need to purchase the Product from SWAP on your behalf);
  3. all information provided by you in connection with your use of the SWAP Platform is true,accurate and complete;
  4. your use of the SWAP Platform will comply with these Terms of Use and all applicable laws; and
  5. you will not use the SWAP Platform in any manner that infringes the rights of any third party.
9. You shall not use the SWAP Platform:
  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. 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;
  4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  5. copy, decompile, reverse engineer, disassemble, attempt to obtain the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the SWAP Platform;
  6. create derivative works from the SWAP Platform;
  7. remove copyright, trademark or patent notices from SWAP Platform;
  8. use any scraper, robot, spider, crawler, bot or other automated means to access, monitor, collect, copy or extract any content, data or information from the SWAP Platform; and/or
  9. 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.
10. You also agree not to:
  1. reproduce, duplicate, copy or re-sell any part of the SWAP Platform in contravention of the provisions of these Terms of Use; and/or
  2. 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 Platform; and/or
  3. attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
    1. any part of the SWAP Platform;
    2. any equipment or network on which the SWAP Platform is stored;
    3. any software used in the provision of the SWAP Platform; or
    4. any equipment or network or software owned or used by any third party.
11. SWAP reserves the right to take any action it considers appropriate in respect of any breach of Clause 2.8, 2.9 and 2.10, including reporting such breach to the relevant law enforcement authorities including disclosing your identity, where required.
12. SWAP reserves the right to determine, in its absolute discretion, what constitutes a breach of these Terms of Use and/or breach of any applicable separate terms and conditions or other abuse of the SWAP Platform or SWAP's system. If SWAP determines that you have breached these Terms of Use, any applicable separate terms and conditions, or otherwise misused the SWAP Platform or SWAP systems, SWAP may restrict, suspend or permanently terminate your access to the SWAP Platform, including by deleting your account or prohibiting your future use of SWAP services.
User Account Registration
1. Certain features of the SWAP Platform require you to register for a User Account using information that is true, current and complete and to keep such information updated. You must promptly notify SWAP of any change to such information and provide any updated information reasonably required by SWAP.
2. You are responsible for maintaining the confidentiality of your User Account login credentials and for all activities conducted through your User Account whether or not authorised by you.
3. You must notify SWAP immediately of any unauthorised use of your User Account or any other breach of security in accordance with this Terms of Use.
4. SWAP may refuse to register or may suspend or close a User Account where the information provided is inaccurate or incomplete or as otherwise provided under the suspension and termination provision.
Intellectual Property rights
1. SWAP and its licensors own all rights, title and interests, including intellectual property rights, in and to the SWAP Platform and all content, materials, features and functionality made available through the SWAP Platform. All rights not expressly granted are reserved.
2. You may access, download or print material from the SWAP Platform solely for your personal and non-commercial use.
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 Platform for commercial purposes without obtaining a licence to do so from SWAP or SWAP's licensors.
5. You agree that you will have no claim against SWAP for any actual or alleged infringement, misappropriation or violation of any proprietary right arising from SWAP's use of your feedback in accordance with this Clause 4.
SWAP Privacy Policy
1. SWAP will process the information you provide in accordance with SWAP's Privacy Policy. By using the SWAP Platform, you consent to the collection, use, disclosure and processing of your personal data in accordance with SWAP's Privacy Policy.
Linking to and from the SWAP Platform
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 Platform from any website that is not owned by you.
3. The SWAP Platform must not be framed on any other site, nor may you create a link to any part of the SWAP Platform 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 Platform other than that set out above, please address your request to obtain permission from SWAP to lets@swap-asia.com.
5. If SWAP Platform 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 accepts no responsibility for them or for any loss or damage arising 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.
SWAP's liability
1. The material displayed on the SWAP Platform 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 Platform, 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 Platform 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 Platform or to your downloading of any material posted on it, or on any website linked to it.
Your concerns
1. If you have any concerns, please email to lets@swap-asia.com.

General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms of Use.
If SWAP fails to exercise any of the rights or remedies to which SWAP are entitled under these Terms of Use and/or any other applicable separate terms and conditions, this does not constitute a waiver of such rights or remedies and shall not relieve youfrom compliance with such obligations.
If any of these Terms of Use and/or any other applicable separate terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable 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/or any other applicable separate terms and conditions shall continue to be valid to the fullest extent permitted by law.
This Terms of Use, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and SWAP relating to your access to and use of the SWAP Platform.
You agree to indemnify, defend and hold harmless Swap Mobile, its directors, officers, employees, affiliates, contractors and agents from and against any claims, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal fees on a full indemnity basis) arising out of or in connection with:
1. your breach of this Terms of Use;
2. your misuse of the SWAP Platform;
3. your infringement of any intellectual property rights; and
4. your violation of any applicable laws;
In these terms of use and Terms and Conditions of Supply:
1. “SWAP” means SWAP Logistics Distribution Sdn. Bhd, its affiliate and related companies trading as SWAP;
2. “SWAP's Privacy Policy” means the privacy policy published on SWAP Platform and as amended from time to time. The Privacy Policy is available at here
3. “Swap Platform” has the meaning given to it in Clause 1.1.
4. “Terms of Use” means these Terms of Use, as may be amended from time to time;
5. “User Account” means the unique account established and maintained by you upon successful registration with SWAP, through which you may which access services, make purchases, manage transactions and perform activities offered by SWAP from time to time; and
6. “you” or “your” means any person who accesses, browses, registers for, downloads, installs, purchases products through, sells products through, submits information to, or otherwise interacts with SWAP Platform.