Website Terms & Conditions/Terms of Service
***PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.***
What's in these Terms & Conditions?
These terms & conditions tell you the process and rules for using our Dataswyft Network website (“Services”).
Who we are and how to contact us
Dataswyft Network website is operated by Dataswyft Sdn Bhd (formerly known as Dataswift Sdn Bhd, “We”, “Us”). Dataswyft Sdn Bhd a company incorporated in Kuala Lumpur under company number: 202001003421 whose business office is at Triune Centre, BO1-A-09, Menara 2 KL Eco City, 3, Jln Bangsar 59200 Kuala Lumpur.
To contact us, please e-mail contact@dataswift.io
By using our Services, you confirm that you accept these terms & conditions of use and that you agree to comply with them.
If you do not agree to these terms & conditions, you must not use this service.
We recommend that you print a copy of these terms for future reference.
There are other terms & conditions that may apply to you
These terms & conditions of use refer to the following additional terms & conditions, which also apply to your use of our Services:
Our Privacy Policy, which sets out how we handle your personal information.
Our Cookies Policy, which explains how we use cookies on our Service.
Please visit our website for further information about these Policies - dataswift.com/legal/privacy-policy
We may make changes to these terms & conditions
We consider ourselves a progressive company and therefore we may amend these terms & conditions from time to time. Changes to the law, technology, our products and responses to your feedback may all influence our evolution and therefore the relevant changes will be made. Every time you wish to use our website, please check these terms & conditions to ensure you understand the terms & conditions that apply at that time.
These terms were most recently updated in March 2023.
Children
You must be over 18 to use this Service. By using this Service you confirm that you are of the required age to do so.
We do not guarantee that our Services, or any content within, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms & conditions of use and other applicable terms & conditions and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms & conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
How you may use our Services
We are the owners of all intellectual property rights in our Services (including without limitation the Website design, text, graphics and all software and source codes connected with us), and in the material published on them. Those works are protected by copyright laws, trademarks, patents and treaties around the world. All such rights are reserved.
You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us.
You may print off one copy, and may download extracts, of any pages(s) from our Site for your personal use and you may draw attention of others within your organisation to content posted on our Site, But you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited,
If you print off, copy or download any part of our website in breach of these terms & conditions of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to take action against you should we feel it necessary to do so.
Do not rely on information on our Services pages
Use of the Services is at your own risk. The content on our Service pages are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis on the information provided by our Services.
Although we make reasonable efforts to update the information of our Services, we make no representations, warranties or guarantees, whether express or implied, that the content regarding our Services are accurate, complete or up to date. We make no warranty that the Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
We are not responsible for Service we link to
Where our Service contains links to other services, websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources. You should take precautions when downloading files from all service providers and websites to protect your computer from viruses and other destructive programs. If you decide to access any external sites, you do so at your own risk.
Our responsibility for loss or damage suffered by you
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
the use of, or inability to use, our Service; or
the use of, or reliance on, any content displayed on our Service.
In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you breach these Terms of Use or your access to, use or misuse of the Content or Service, you agree to hold us harmless, defend, and indemnify us against any claims, action, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach. We shall provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such a case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy. We abide by UK GDPR and US CCPA rules as standard.
You are solely responsible for securing and backing up your content.
We do not store terrorist content or content that is illegal or infringes the rights of third parties.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Service. You should use your own virus protection software.
You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.
Rules about linking to our Service
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Service in any website that is not owned by you.
Our Service must not be framed on any other website/service, nor may you create a link to any part of our Service other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Service other than that set out above, please contact contact@dataswift.io
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms & conditions of use, their subject matter and their formation, are governed by Malaysian law. You and we both agree that the courts of Malaysia will have jurisdiction.
Our trade marks are registered
All our services and website logos are our registered trademarks. You are not permitted to use them without our approval, unless they are part of material you are using as permitted.
All rights, title and interest in and to the materials provided on these Services, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by us or by our respective third party authors, developers or vendors. Our trademarks, service marks, and logos used and displayed on this Service are registered and unregistered trademarks or service marks owned by or licensed to us.
Use of any trademarks as part of a link to or from any of our Services or website is also prohibited without our prior written consent.
Any rights not expressly granted herein are reserved by us.
Warranties
THE SERVICE, SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SERVICE, SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT: (A) OFFERS OR PROMOTION INCENTIVES PROVIDED VIA THE SERVICE ARE CREATED, VALID OR OF BENEFIT TO YOU (B) CUSTOMER VERIFICATION PROCESS IS ACCURATE OR COMPLETE (C) THE SERVICE, SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE, SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SERVICES, SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
SOME SERVICE OFFERED MAY BE OFFERED VIA OUR PARTNERS. THIRD PARTY PROVIDERS, OR OTHER ACCOUNT HOLDERS USING THIS SYSTEM. WE MAKE NO WARRANTY THAT: (A) OFFERS OR PROMOTION INCENTIVES PROVIDED VIA THE SERVICE ARE CREATED, VALID OR OF BENEFIT TO YOU (B) CUSTOMER VERIFICATION PROCESS IS ACCURATE OR COMPLETE (A) THE SERVICE, SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (C) THE SERVICE, SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SERVICES, SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SERVICES, SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Feedback
Comments and suggestions for improvements (“Feedback”) are always welcome. You acknowledge and expressly agree that any contribution of Feedback by you does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback will become our sole and exclusive property, and We may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary rights, or other right or claim. By submitting the Feedback to us, You are assigning to us any and all right, title and interest to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights that you may have in and to any and all Feedback.
Feedback can be sent to contact@dataswift.io
Please remember, by accessing, browsing or otherwise using this Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree and do not accept the Terms of Use, you shall not access, browse or otherwise use the Service.