Terms Of Use

Introduction. Welcome to swakdeals.com. Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, and tools. You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. This policy is effective June 13, 2020.

Your Account. To access and use some of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password hard for others to guess.

You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at SwakDeals Customer Support.

Using SwakDeals. As a condition of your use of the Services, you must be over 18 years of age. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things:
• violate any laws or the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or send communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm SwakDeals, the Services or the interests or property of SwakDeals users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to the Services.

Abusing SwakDeals Services. SwakDeals and the SwakDeals community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you submit to SwakDeals and any consequences that may result from your post. We can at our discretion refuse, delete or take-down content that we believe is inappropriate or breaching the above terms. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, we do not accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also recognise and accept that SwakDeals is not under any obligation to monitor any data or content which is submitted to or available on the Services.

Fees and Services. Using the Services is generally free, but we sometimes charge a fee for certain features. If the feature you use incurs a fee, that will be clearly disclosed at the time you post your ad. We’ll notify you of changes to our fees by posting such changes on the site. We may from time to time choose to temporarily change our fees for promotional events or new features. Our fees are non-refundable and you are responsible for paying any fees that you incur when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, including third party debt collection services.

Content. SwakDeals’ Services contain content from us, you, and other users. SwakDeals is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy or, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When providing us with content or causing content to be posted using our Services, you grant us, and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future.

This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from your content, or otherwise use such content. We may at our discretion post your content in other apps owned by SwakDeals or on third party sites. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees. You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the SwakDeals Terms of Use.

Reporting Intellectual Property Infringements (Verified Rights Owners – VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, please contact us.

Limitations of Liability. The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent legally permitted, we do not give any promises or warranties (whether express or implied) about the availability of our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. To the extent legally permitted, we are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Indemnification. You will indemnify and hold harmless SwakDeals and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Release. If you have a dispute with one or more SwakDeals users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by SwakDeals on servers located in the Hong Kong as further described in our privacy policy.