SWAP MARKET SDN.BHD.
Terms and Conditions ("TNC") - Swap Market Platform
Effective Date: 24 September 2026
1. Introduction
1.1 Swap Market Platform is an Online Marketplace ("Swap Market Platform") operated by Swap Market Sdn. Bhd. ("Swap Market") (Business Registration No. 202501004061 (1605474-W)) which allows individuals to sell or buy preowned mobile device and/or trade in their preowned mobile device via the Swap Market Platform (any references to "Seller" or "Buyer" hereafter in this TNC shall mean to refer to an individual).
1.2 Swap Market has its principal place of business at Level 13-01, Tower B, Atwater Corporate Office, Jalan Profesor Diraja Ungku Aziz, Seksyen 13, 46200 Petaling Jaya, Selangor, Malaysia. Access to and use of Swap Market Platform is strictly for individuals residing in Malaysia. Swap Market Platform is accessible through our mobile app and/or such other digital channels, including a website, as may be made available by Swap Market from time to time.
1.3 Throughout this TNC:
1.3.1 references to "Swap Market" or "we" or "us" or "our" or "its" shall mean to refer to Swap Market Sdn. Bhd.
1.3.2 references to "Customer", "you" or "your" or "his/her" or "their" or "Seller" or "Buyer" shall mean to refer to an individual residing in Malaysia who is accessing, using and/or transacting using Swap Market Platform.
1.4 General Terms. This TNC governs your access, use, and transactions made via Swap Market Platform. You confirm that by accessing Swap Market Platform through our mobile app, you have read, understood and consented to comply with this TNC. If you do not agree to any of the provisions under this TNC, including but not limited to our Privacy Policy available at Swap Privacy Policy, then you must discontinue access and/or use of Swap Market Platform immediately.
1.5 Supplemental TNC or documents in connection with the Swap Market Platform and/or Service(s) that may be published on our mobile app from time to time are hereby expressly incorporated herein by reference. Swap Market may, in its sole discretion, change or modify this TNC at any time. You agree that your continued access and/or use of our Swap Market Platform after the date that such changes and/or modifications were posted, signifies your acceptance of the updated TNC.
1.6 In the event of any inconsistency between this TNC and any general terms of use applicable to the Swap Market Platform, this TNC shall prevail to the extent of such inconsistency.
2. Eligibility, User Account Registration
2.1 To access, use and/or transact on Swap Market Platform, you must register a User Account. If you apply to register for a User Account, you warrant and represent that you:
2.1.1 are an individual accessing or using the Swap Market Platform and shall comply with all applicable laws;
2.1.2 are legally capable of entering into a legally binding agreement;
2.1.3 are at least eighteen (18) years of age;
2.1.4 agree to comply with this TNC and/or any other directions or notices issued by Swap Market from time to time;
2.1.5 will comply with all applicable laws of Malaysia in your use of our Swap Market Platform; and
2.1.6 provided information that is true, accurate, current and complete.
2.2 Swap Market has the right to request for information and/or documents to process and maintain your User Account registration and may suspend, restrict, or terminate your User Account if in Swap Market's sole opinion, it is deemed that you breached this TNC, had defrauded or intended to defraud us, or registration and maintenance of your User Account is deemed inappropriate.
3. User Account, Password and Security
3.1 Once a User Account is created as per our registration process, it is your responsibility to maintain the confidentiality of your Account Credentials and you are fully responsible for all activities conducted/transacted under your User Account regardless of whether you have authorized or have knowledge of such activities/transactions.
3.2 If you suspect that your Account Credentials are compromised and/or there is unauthorised use of your Account Credentials and/or any other Security Breach, you should notify us immediately.
3.3 Swap Market will not be liable to you for any loss or damage suffered by you, arising from your failure to comply with this Clause 3.
4. Use of Swap Market Platform
4.1 Swap Market grants you a non-exclusive, non-transferable licence to use its Swap Market Platform subject to this TNC solely for your own personal, non-commercial use.
4.2 You agree not to use the Swap Market Platform to:
4.2.1 upload, post, transmit, or otherwise make available any Content that infringes or violates the rights of any individual, including but not limited to rights of publicity, privacy, copyright, trademark, patent, trade secret, or any other proprietary or Intellectual Property Rights;
4.2.2 upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, offensive, discriminatory or otherwise inappropriate;
4.2.3 copy, decompile, reverse engineer, disassemble, attempt to obtain the source code of, decrypt, interfere with, or disrupt the integrity or the performance of Swap Market Platform;
4.2.4 make any changes, rework, modification, improvements, enhancements, translations or derivative work from Swap Market Platform and/or Service(s);
4.2.5 intentionally, or unintentionally violate any applicable law, statute, ordinance, regulation, directive, rule or code, including but not limited to any sanctions or embargo;
4.2.6 remove, alter, obscure, deface, or otherwise interfere with any proprietary notices, including but not limited to copyright, trademark, patent, or other intellectual property markings, that appear on or are associated with Swap Market Platform and/or Service(s) belonging to Swap Market, or its Affiliates, Service Partners, suppliers or licensors;
4.2.7 misuse the Swap Market Platform for purposes other than those for which such platform was intended or designed;
4.2.8 directly or indirectly, whether individually or in collaboration with any third party, develop, operate or assist in the development or operation of any platform, application, or service that is substantially similar to, competitive with, or serves as a substitute for Swap Market Platform;
4.2.9 transmit, distribute, or deliver any automated, unsolicited, or unauthorized communications, including but not limited to advertising or promotional materials, junk mail, spam, chain letters, to any other form of repetitive or disruptive messaging;
4.2.10 introduce or permit the introduction, upload, transmit, or otherwise make available through the Swap Market Platform any data, file, software or link that contains or is intended to transmit any virus, trojan horse, worm, logic bomb, spyware, or other malicious or harmful components;
4.2.11 use any scraper, robot, spider, crawler, bot or other automated device, process or means to access, monitor, copy, or acquire any part of the Swap Market Platform or any data or content made available through the Service(s);
4.2.12 collect or store or disclose personal data of other individuals without their express consent;
4.2.13 disclose or provide any information that you know or have reason to believe is false or misleading; and
4.2.14 list or sell or offer for sale on the Swap Market Platform preowned device(s) which are:
(a) not legally owned by you;
(b) subject to any leasing or financing arrangement;
(c) non-functional or damaged, unless explicitly described and listed in the appropriate category; and
(d) counterfeit, cloned, or pirated products, including mobile device(s) bearing unauthorized trademarks or branding.
4.3 Swap Market reserves the right to suspend and/or terminate your User Account in the event, Swap Market in its sole opinion, deems that you breached this Clause 4.
5. Buying and Selling Preowned Mobile Device
5.1 Preowned Mobile Device: If a Seller wishes to sell a preowned mobile device on Swap Market Platform, the Seller must ensure:
5.1.1 the preowned mobile device satisfies our diagnostic testing thresholds and be fully functional;
5.1.2 to describe clearly the preowned mobile device conditions and specifications such as model, make and IMEI number, including any limitations/restriction;
5.1.3 to disclose all defects of the preowned mobile device;
5.1.4 complete electronic Know-Your-Customer (eKYC) verification as required by Swap Market, including prior to receiving any payout; and
5.1.5 to remove all stored data and existing security and biometric passcodes for locking the preowned mobile device(s) including operating system locks.
5.2 All the applicable requirements as set out under Clause 5.1 above must be satisfied otherwise the Seller may not be able to successfully post their preowned mobile device for sale on Swap Market Platform. If any posting of a preowned mobile device is deemed to contravene this TNC, it will be removed from the Seller's User Account without any reference to the Seller.
5.3 Successful Order: A Buyer may purchase a preowned mobile device at the listed selling price or submit an offer to the Seller. Where an offer is submitted, the Seller may accept, reject, or submit a counteroffer. An order shall be deemed successfully placed once the Buyer successfully completes payment for the preowned mobile device.
5.4 Collection and Delivery of Preowned Mobile Device: Once the Seller is notified of the order placed by the Buyer, the Seller must arrange through the mobile app for pick up of the preowned mobile device within seven (7) days excluding weekends. Delivery of the preowned mobile device will be made to the Buyer's designated address. Once delivery is completed, to the extent permitted by applicable law, risk in the preowned mobile device shall pass to the Buyer, subject to the Buyer's rights under Clause 7.
5.5 Purchase of Preowned Mobile Device: When purchasing a preowned mobile device through Swap Market Platform, the Buyer must:
5.5.1 check the preowned mobile device listing requirements including the description, condition, specifications, and Seller ratings or reviews meets the Buyer's expectations before transacting on the Swap Market Platform;
5.5.2 take all reasonable steps to confirm the authenticity and functionality of the preowned mobile device;
5.5.3 make payment in full, using the authorized payment channel(s) offered by Swap Market; and
5.5.4 provide accurate and complete information including delivery address and contact details.
5.6 Buyer's Confirmation: Within forty-eight (48) hours of receiving the preowned mobile device, the Buyer is required to confirm via the Swap Market Platform that the condition and description of the preowned mobile device match the details as posted by the Seller.
5.7 Non-delivery by Seller: Where the Seller fails, refuses or otherwise avoids making the preowned mobile device available for pickup or arranging for its delivery within seven (7) days excluding weekends from the date the Seller is required to do so, the order may be automatically cancelled. Upon such cancellation, the Buyer shall be entitled to a refund under the Buyer Protection provisions under Clause 7.
5.8 Should the Buyer experience any issues related to the preowned mobile device, including but not limited to damage during transit, or delivery of incorrect items or SNAD, the Buyer must submit a dispute notification through our Swap Market Platform within forty-eight (48) hours from receipt of the preowned mobile device. The dispute notification must include the relevant details including your order number, delivery confirmation (if any) and description of the dispute. This dispute notification will be processed according to Clause 7.
5.9 The Buyer and Seller acknowledge and agrees that the collection, shipment, transportation and delivery of the preowned mobile device may be carried out by an Affiliate of Swap Market acting in its separate capacity as a logistics service provider. To the fullest extent permitted by applicable law, neither Swap Market nor its Affiliates shall be liable for any delay, non-delivery, mis-delivery, loss, theft, damage in transit, failed collection, service interruption, or any other delivery-related issue, except to the extent such issue is directly caused by the fraud, wilful misconduct, gross negligence by Swap Market or its Affiliates. Nothing in this Clause 5.9 limits the Buyer's entitlement to request a resolution under Clause 7.
5.10 Swap Market will investigate the matter and may request additional information/documentation such as video evidence of packaging from Sellers and/or video evidence of unboxing by Buyer showing the courier labels. Such delivery disputes will be subject to our investigation process and, where applicable, the remedies may include a repair or return or other appropriate remedy as determined at our sole discretion.
5.11 Conditional Payout Structure: All payouts made to the Seller through the Swap Market Platform shall be processed through third-party payment channels operated by payment service providers appointed by Swap Market. The Seller's entitlement to receiving payout in respect of a transaction is conditional upon the Seller, successfully fulfilling the applicable transaction and listing requirements, including without limitation:
(a) delivery of the preowned mobile device to the Buyer in accordance with the applicable delivery requirements;
(b) the preowned mobile device materially conforming to the description and information provided in the relevant listing; and
(c) successful completion by Buyer of any condition verification required under the Swap Market Platform requirements.
5.12 Payout of the transaction amount to the Seller shall only be made after the applicable conditions have been satisfied and/or the Buyer Protection dispute period has expired without a valid claim being raised. Upon completion of the applicable transaction and/or expiry of the Buyer Protection dispute period without a valid claim being raised, the applicable transaction amount may be reflected as an available balance in the Seller's User Account. The Seller may request payout of such amount to the payout account designated in the User Account, subject to successful completion of eKYC, verification or other requirements required by Swap Market, its Affiliates and/or their payment service providers. Swap Market reserves the right to delay, suspend or withhold any payout pending completion of such requirements.
5.13 Payout Details: The Seller is solely responsible for ensuring that all payout information, including bank account details, is complete and accurate. Swap Market shall not be responsible for any delay, failed payout, or loss arising from inaccurate, incomplete, or outdated payout information provided by the Seller.
5.14 Payout Issues: Any payout discrepancy or failed payment must be reported to Swap Market within seven (7) days from the date the payout was initiated. While Swap Market will use reasonable efforts to assist in investigating the matter, recovery or reversal of any payout cannot be guaranteed, particularly where the payout was made in accordance with the payout information provided by the Seller.
5.15 Payout Delay: Swap Market may delay, suspend, or withhold any payout where reasonably necessary, including where there is an ongoing dispute, payment service provider or third-party payment processing delays, suspected fraud, verification requirements, payment reversal, legal or regulatory requirements, or any other circumstances requiring further investigation.
5.16 Payment Failure: Where a payment is declined, reversed, cancelled, refunded, charged back, or otherwise unsuccessful, Swap Market may cancel or suspend the relevant Order or take such other action as reasonably necessary.
5.17 Fraudulent Payment Activity: Swap Market reserves the right to investigate any payment, payout or related payment activity which it reasonably suspects to be fraudulent, unauthorized, abusive, or intended to circumvent this TNC or any promotion offered by Swap Market or its partners. Without limitation, this includes fraudulent chargebacks, payment reversals after successful completion of a transaction, use of stolen or unauthorized payment methods, submission of false or misleading information, or any other dishonest, unlawful, or abusive activity on the platform. Such conduct may result in suspension or termination of the User Account, cancellation of orders, rejection of any Services or benefits offered through the platform, reporting to relevant authorities including law enforcement, and any other action permitted under this TNC or applicable law. Swap Market and/or its payment service providers may also conduct customer due diligence, screen transactions, and file reports as required under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and Swap Market may delay, decline or reverse a transaction where reasonably necessary to comply with such obligations. Where Swap Market incurs any refund, chargeback, return cost, penalty or other loss arising from the Seller's breach of this TNC, Swap Market may deduct such amounts from any monies otherwise payable to the Seller or recover such amounts directly from the Seller. Any payout timeframe displayed on the Swap Market Platform is indicative and should not be construed as a guarantee of the actual payout date or time.
5.18 Seller Performance Obligations: The Seller is contractually obligated to deliver the preowned mobile device strictly in accordance with the listing description. Failure to meet the listing description, including discrepancies in condition, authenticity, or functionality, shall constitute a failure of performance and may result in:
(a) rejection of the transaction;
(b) refund of the monies to the Buyer; and/or
(c) other remedies as determined by Swap Market.
6. Trade-in of Preowned Mobile Device
6.1 Clause 6 governs the trade-in of a preowned mobile device using the Swap Market Platform, whereby a Customer may exchange their preowned mobile device with Swap Market's Affiliate, Swap Logistics Distribution Sdn. Bhd., ("SLD") for a trade-in value, subject to the eligibility, diagnostic and payout terms set out below.
6.2 Eligibility for Trade-in: For a Customer to be eligible to trade in a preowned mobile device under this Clause 6, the Customer must:
(a) satisfy the general eligibility requirements under Clause 2.1;
(b) be the legal and beneficial owner of the preowned mobile device, which must not be subject to any financing, leasing, hire-purchase, loss, theft or blacklist restriction;
(c) ensure the preowned mobile device is fully functional, save for any defects accurately and fully disclosed to SLD prior to trade in;
(d) complete all eKYC checks required by SLD; and
(e) remove all stored data and security or biometric passcodes locking the preowned mobile device, including any operating system locks.
6.3 On Swap Market Platform, the Customer must indicate the details of their preowned mobile device to be traded in, including but not limited to its make, model, capacity, and IMEI and/or serial number. The Customer must also select the condition option that most accurately reflects the preowned mobile device from the condition options made available on the Swap Market Platform, which Swap Market may update or supplement from time to time.
6.4 Remote Diagnostic Checks: SLD may conduct remote diagnostic checks on the preowned mobile device prior to collection and/or as part of the trade-in evaluation process. Such checks may include, but are not limited to, verification of device functionality, hardware integrity, battery performance, software status, IMEI validation, and detection of security locks or restrictions.
6.5 Customer Consent for Diagnostics: The Customer expressly consents to SLD and/or its Service Partners performing remote diagnostic checks on the preowned mobile device. The Customer agrees to follow all instructions provided by SLD via the Swap Market Platform to facilitate such diagnostics, including installing diagnostic tools or granting temporary access permissions where required. In addition, the Customer may perform diagnostic testing and declare the defects found in the preowned mobile device. Failure by the Customer to cooperate with remote diagnostic requirements may result in rejection of the trade-in request.
6.6 Personal Data Protection Act 2010: All remote diagnostic checks will be done in compliance with the Personal Data Protection Act (2010). (a) SLD will only collect and process device-related technical information necessary for diagnostics, including device model, IMEI, hardware performance, battery health, and system status; (b) SLD does not access, collect, or store personal content such as photos, messages, contacts, or application data unless strictly required and with explicit consent; (c) any access permissions granted for diagnostics shall be limited in scope and duration to what is reasonably necessary; (d) diagnostic data may be processed by SLD and/or its authorized Service Partners solely for the purposes of device verification, fraud prevention, and trade-in valuation; (e) SLD will implement reasonable security measures to protect such data against unauthorized access, disclosure, or misuse; and (f) all data collected will be handled in accordance with our Privacy Policy. For the avoidance of doubt, diagnostic testing under this Clause
6.6 is not intended to access the Customer's photos, messages, contacts or other personal content, and the Customer remains responsible for backing up and removing personal content before the preowned mobile device is collected.
6.7 Accuracy of Diagnostic Results: The Customer acknowledges that remote diagnostic results are indicative and may be supplemented by physical inspection upon collection. SLD reserves the right to reassess the device condition after physical inspection.
6.8 Following the diagnostic testing, SLD will quote the Customer an estimated trade-in value for the preowned mobile device. If the quoted estimated trade-in value is acceptable to the Customer, the Customer will need to provide the address for the collection of the preowned mobile device. SLD will collect the preowned mobile device from the designated address.
6.9 If there is no discrepancy of the preowned mobile device condition and details with the Customer's declaration, the transaction will be completed and the quoted trade-in value will be made available for payout.
6.10 If the description and the condition of the preowned mobile device do not match the details declared by the Customer, SLD will conduct a reassessment of the preowned mobile device and quote a revised trade-in value. If the Customer accepts the revised trade-in value, the transaction will be completed and revised trade-in value will be made available for payout. If the Customer rejects the revised trade-in value, SLD will arrange to return the preowned mobile device to the Customer. Where a preowned mobile device is lost or damaged while in the custody of Swap Market, SLD and/or its Service Partners, any liability shall, to the fullest extent permitted by applicable law, be limited to the estimated trade-in value originally quoted to the Customer prior to collection, subject to any reasonable adjustment for circumstances not attributable to Swap Market, SLD or its Service Partners.
6.11 Notwithstanding the foregoing, SLD may reject Customer's trade-in request in its sole discretion, without providing any reason to Customer. Further, SLD's decision in the assessment and valuation of the preowned mobile device shall be final and conclusive absent manifest error.
6.12 Conditional Payout Structure: All payouts made to the Customer through the Swap Market Platform shall be processed through third-party payment channels operated by payment service providers appointed by Swap Market. Customer's entitlement to receiving payout in respect of a trade-in transaction is conditional upon the Customer, successfully fulfilling the applicable trade-in transaction and listing requirements, including without limitation:
(a) delivery of the preowned mobile device to SLD in accordance with the applicable delivery requirements;
(b) the preowned mobile device materially conforming to the description and information provided in the relevant listing; and
(c) successful completion of any condition verification required under the Swap Market Platform requirements.
Payout of the trade-in value to the Customer shall only take place after the applicable conditions have been satisfied. Upon confirmation of the trade-in value by SLD, or where applicable, upon the Customer's acceptance of any revised trade-in value, the applicable trade-in amount may be reflected as available balance in the Customer's User Account. The Customer may request payout of such amount to the payout account designated in the User Account, subject to successful completion of eKYC, verification or other requirements required by Swap Market, SLD and/or their payment service providers. Swap Market reserves the right to delay, suspend or withhold any payout pending completion of such requirements.
6.13 Payout Details: Customer is solely responsible for ensuring that all payout information, including bank account details, is complete and accurate. Swap Market shall not be responsible for any delay, failed payout, or loss arising from inaccurate, incomplete, or outdated payout information provided by the Customer.
6.14 Payout Issues: Any payout discrepancy or failed payment must be reported to Swap Market within seven (7) days from the date the payout was initiated. While Swap Market will use reasonable efforts to assist in investigating the matter, recovery or reversal of any payout cannot be guaranteed, particularly where the payout was made in accordance with the payout information provided by the Customer.
6.15 Payout Delay: Swap Market may delay, suspend, or withhold any payout where reasonably necessary, including where there is an ongoing dispute, payment service provider or third-party payment processing delays, suspected fraud, verification requirements, payment reversal, legal or regulatory requirements, or any other circumstances requiring further investigation.
6.16 Payment Failure: Where a payout is declined, reversed, cancelled, refunded, charged back, or otherwise unsuccessful, Swap Market may cancel or suspend the relevant trade-in request or take such other action as reasonably necessary.
6.17 Fraudulent Payment Activity: Swap Market reserves the right to investigate any payment, payout or related payment activity which it reasonably suspects to be fraudulent, unauthorized, abusive, or intended to circumvent this TNC or any promotion offered by Swap Market or its partners. Without limitation, this includes fraudulent chargebacks, payment reversals after successful completion of a transaction, use of stolen or unauthorized payment methods, submission of false or misleading information, or any other dishonest, unlawful, or abusive activity on the platform. Such conduct may result in suspension or termination of the User Account, cancellation of orders, rejection of any Services or benefits offered through the platform, reporting to relevant authorities including law enforcement, and any other action permitted under this TNC or applicable law. Swap Market and/or its payment service providers may also conduct customer due diligence, screen transactions, and file reports as required under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and Swap Market may delay, decline or reverse a transaction where reasonably necessary to comply with such obligations. Where Swap Market incurs any refund, chargeback, return cost, penalty or other loss arising from the Customer's breach of this TNC, Swap Market may deduct such amounts from any monies otherwise payable to the Customer or recover such amounts directly from the Customer. Any payout timeframe displayed on the Swap Market Platform is indicative and should not be construed as a guarantee of the actual payout date or time.
7. Buyer Protection, Return and Refund
7.1 Buyer Protection is included in all purchases. The Buyer Protection Fee is refundable if the order is cancelled pre-delivery. No refund is permissible except as expressly stated in this TNC. Nothing in this clause limits or excludes any rights or remedies which cannot be limited or excluded under applicable law.
7.2 Buyer Protection will apply under the following circumstances, in which case, the Buyer may be eligible for a refund or such other resolution as determined by Swap Market after taking into consideration the outcome of any investigation conducted:
7.2.1 the preowned mobile device is not delivered to the Buyer;
7.2.2 the Buyer receives an incorrect preowned mobile device;
7.2.3 the Buyer receives a preowned mobile device in a different color, model, storage capacity, or specification from the listing;
7.2.4 the preowned mobile device contains undisclosed damage or defects materially affecting functionality; or
7.2.5 the preowned mobile device materially differs from the listing description
7.3 Buyer Protection shall not apply under the following circumstances (the list below is non-exhaustive):
7.3.1 Buyer remorse or change of mind;
7.3.2 Minor cosmetic discrepancies, wear and tear, or imperfections reasonably consistent with the declared device condition;
7.3.3 Issues, defects, or damage arising after delivery;
7.3.4 Disputes raised outside the applicable dispute reporting period; or
7.3.5 Issues or defects disclosed in the listing prior to purchase.
7.4 Dispute Notification: The Buyer must submit a dispute notification through the Swap Market Platform in accordance with Clause 5.8, where applicable.
7.5 Seller Response to Dispute: Upon receipt of a dispute notification submitted by the Buyer, the Seller will first be given a reasonable opportunity to review the dispute and respond with evidence. The Seller may either:
(a) accept the dispute and proceed with the applicable resolution; or
(b) escalate the dispute to Swap Market for review.
7.6 The Seller must respond within the timeframe specified on the Swap Market Platform. If the Seller fails to respond within the applicable timeframe, Swap Market may proceed to review and determine the dispute based on the information and evidence available.
7.7 Dispute Review and Resolution: Where a dispute is escalated to Swap Market, or where Swap Market otherwise determines that its intervention is required, Swap Market may investigate the dispute and review any submitted evidence.
7.8 Following such review, Swap Market may determine the appropriate resolution, which may include repair, return, partial refund, full refund, or rejection of the dispute claim.
7.9 If a return is approved, the Buyer must return the same preowned mobile device (identified by its IMEI or serial number), together with any accessories included in the original transaction, within the timeframe specified by Swap Market, failing which the approved remedy may be cancelled.
7.10 Where Swap Market determines that a partial refund is the appropriate resolution, the Buyer may accept the partial refund and retain the preowned mobile device or reject it and proceed with a return in accordance with Clause 7, and the Seller's payout shall be adjusted accordingly.
7.11 Return Delivery/Shipping Charges: Swap Market may initially arrange or bear the return delivery charges. Where the return results from the Seller's breach, misdescription or failure to disclose a defect, Swap Market may deduct or recover the applicable return and handling costs from the Seller.
8. Device Protection Program
8.1 Clause 8 sets out the terms and conditions governing the provision of the Device Protection Plan ("DPP") and enrolment to the DPP by a Customer. The DPP is underwritten by The Pacific Insurance Berhad (Registration No. 198201011878 [91603-K]) and Swap Device Solutions Sdn. Bhd. ("SDS") is the provider, program owner and administrator of DPP. The DPP is applicable to eligible mobile devices as determined by SDS in its sole discretion. For Eligible Device, the subscription pricing to SDS's DPP is available at the point of checkout in our mobile app.
8.2 Customers who purchase an Eligible Device with the DPP attached at checkout will be enrolled in the DPP upon successful completion of the transaction. For the avoidance of doubt, any mobile device forming part of an incomplete transaction due to a refund, return or cancellation will not be enrolled in the DPP.
8.3 By completing the purchase with the DPP attached at checkout, the Customer confirms to have agreed to the applicable Device Protection terms found at checkout and/or https://swap-protect.com and/or https://swapmarket.my/deviceprotection, including the applicable recurring payment arrangement. The Customer may cancel the DPP at any time using the methods described in Clause 8.4, with cancellation taking effect before the next applicable billing cycle.
8.4 Customer may opt out of the DPP by cancelling the subscription through Swap Market Platform or by phone call to SDS's hotline at +603-7940 2800.
8.5 For more details on DPP including lodging a claim, please refer to the terms and conditions found at https://swap-protect.com and/or https://swapmarket.my/deviceprotection. You can also contact SDS hotline at +603-7940 2800. Please note that Swap Market is not a party to the DPP nor the claims or liability.
Fraudulent or Invalid Device Protection Enrolment
8.6 For the avoidance of doubt, a Device Protection enrolment may be deemed fraudulent or otherwise invalid where SDS reasonably determines that the enrolment was made to improperly obtain Device Protection or any promotional benefit offered by SDS.
8.7 Without limitation, this may include where:
(a) the transaction price was materially inconsistent with the reasonable market value of the mobile device and, together with other circumstances, indicated that the transaction was not a genuine arm's-length sale;
(b) the preowned mobile device contained pre-existing damage or defects that rendered it ineligible under the applicable Device Protection terms, or such damage or defects were concealed or materially misrepresented;
(c) the transaction was created, manipulated, or otherwise arranged for the purpose of obtaining Device Protection or promotional benefits;
(d) false, misleading, or incomplete information was provided during the purchase, enrolment, or claim process; or
(e) any other fraudulent, dishonest, abusive, or collusive conduct in connection with the purchase or Device Protection enrolment.
Where any of the above circumstances apply, SDS may reject the enrolment, terminate the subscription, reject any claim, or take such other action as permitted under the applicable Device Protection terms and conditions.
9. Shipping Service Logistics
9.1 All logistics in connection with the delivery of the preowned mobile device will be managed by SLD and Partners.
10. Privacy Laws
10.1 Swap Market will collect, process and disclose the personal data that you provide, in accordance with our Privacy Policy available at Swap Privacy Policy . By accessing and using the Swap Market Platform, you expressly consent to such collection, processing and disclosure of your personal data.
10.2 You agree to comply with all applicable privacy laws in Malaysia if you come in possession of the personal data belonging to a third party or another user.
11. Intellectual Property
11.1 You acknowledge that all Content, trademarks, logos, service marks, software, databases, and other intellectual property displayed or made available on the Swap Market Platform ("Platform Content") are the property of Swap Market, its licensors, or authorized third parties, and are protected under the applicable intellectual property laws of Malaysia. This includes all underlying source code, object code, system architecture, algorithms, formats, and directory structures, which are considered proprietary and confidential.
11.2 Swap Market Platform may incorporate or rely on third-party software components, including open-source libraries or licensed modules ("Third-Party Software"). Your use of such components is subject to the terms and conditions of the respective third-party licenses. In the event of any conflict between these TNC and the applicable third-party licence terms, the latter shall govern your use of the relevant software. The inclusion of Third-Party Software does not imply that the Swap Market Platform or any part of it is open-source or publicly available.
11.3 You are not permitted to use any trademarks, service marks, or branding associated with Swap Market in any promotional, commercial or public-facing materials without our prior written consent.
11.4 If you believe that any Content on the Swap Market Platform infringes your intellectual property rights, please notify us immediately in writing to our Customer Care Service via email at support@swapmarket.my and/or via telephone at +60379402800. You must ensure to provide sufficient details for us to assess and respond to your claim.
12. Termination and Suspension of Your User Account
12.1 You may close your User Account by selecting the deletion of user account option on our Mobile App. Prior to removing your account, the Customer must complete or resolve all outstanding orders, disputes, returns and payout requests. Any amount that remains payable to the Customer will be processed in accordance with the applicable payout process as set out in this TNC.
12.2 The Customer's User Account will be deactivated, and Customer will no longer be able to access the Swap Market Platform.
12.3 Swap Market reserves the right, at its sole discretion, to suspend or restrict access to the Swap Market Platform or any part thereof, temporarily or permanently, without prior notice to you, if:
12.3.1 you breach any of the provisions of this TNC;
12.3.2 your access and use of the Swap Market Platform is deemed fraudulent, abusive, or harmful to other users or to the integrity of the Swap Market Platform;
12.3.3 required by law, regulation, or government order; and
12.3.4 necessary for maintenance, security, or operational reasons.
12.4 We may terminate your User Account and access to the Swap Market Platform, with or without notice, under the following circumstances:
12.4.1 Repeated or serious violations of this TNC;
12.4.2 Engagement in prohibited conduct or listings;
12.4.3 Requests made by law enforcement or regulatory authorities; and
12.4.4 Upon your written request, to deactivate your account.
12.5 Upon such termination, this TNC shall cease immediately. You remain responsible for any outstanding obligations, including payment of fees or resolution of disputes initiated prior to termination.
13. Links to Third-Party Sites and Services and Disclaimer
13.1 Swap Market may contain or provide access to Content, services, or links that originate from third parties, including user-generated listings, advertisements, external websites, and service providers ("Third-Party Content and Services").
13.2 Swap Market does not control, endorse, or assume any responsibility for:
13.2.1 the accuracy, legality, reliability, or completeness of Third-Party Content and Services;
13.2.2 the performance, availability, or security of any third-party systems or platforms; and
13.2.3 any transactions, communications, or interactions between users and third-party providers.
13.3 You acknowledge that access to or use of Third-Party Content and Services are at your own risk. Swap Market shall not be liable for any loss, damage, or harm arising from reliance on engagement with Third-Party Content and Services.
13.4 Disclaimer: Swap Market Platform and all Content, Services, and preowned mobile device(s) available through it are provided on an "as is" and "as available" basis. Swap Market makes no representations or warranties of any kind, express or implied, regarding, (a) the accuracy, reliability, completeness, or timeliness of any Content or listings, (b) the condition, quality, authenticity, or legality of any preowned mobile device(s) sold by Sellers, (c) the uninterrupted or error-free operation of the Swap Market Platform, (d) the suitability of any product for a particular purpose.
13.5 To the fullest extent permitted by law, Swap Market disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
13.6 You acknowledge that transactions conducted through the Swap Market Platform are subject to the applicable terms, conditions, processes and requirements set out in this TNC. Swap Market facilitates transactions through the Swap Market Platform. Except for the services, protections and obligations expressly undertaken by Swap Market under this TNC, Swap Market shall not be liable for any loss, damage or injury arising from any transaction or preowned mobile device, to the fullest extent permitted by applicable law.
14. Exclusions and Limitation of Liability
14.1 To the maximum extent permitted by applicable law, in no event shall Swap Market be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise for:
14.1.1 Loss of use, loss of profits, loss of revenue, loss of data, loss of goodwill or failure to realise anticipated savings, in each case whether direct or indirect; or
14.1.2 Any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use Swap Market Platform or the Services, including, without limitation, any damages resulting therefrom, even if Swap Market has been advised of the possibility of such damages.
14.2 Except where remedies are expressly provided under this TNC (including but not limited to Clauses 7), you acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request termination of your User Account and/or discontinue any use of the Swap Market Platform.
14.3 Nothing in this TNC shall limit or exclude any liability for death or personal injury caused by Swap Market gross negligence, for fraud or for any other liability on the part of Swap Market that cannot be lawfully limited and/or excluded.
15. Indemnity
15.1 You agree to indemnify, defend and hold harmless Swap Market, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other Partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) your access to or use of the Swap Market Platform, (b) any Content you submit, post, or transmit through the Swap Market Platform, (c) your use or misuse of your User Account, (d) your violation of this TNC or any applicable law or regulation, and (e) any transaction or dispute between you and another user, including but not limited to the sale and purchase of preowned mobile device.
16. Device Compatibility
16.1 Swap Market Platform and its associated Services are designed to operate on specific devices, operating systems, and browser configurations as determined by Swap Market. You acknowledge and agree that compatibility may vary depending on your device model, operating system version, and browser type. Certain features or functionalities may not be available or may operate differently across devices. You are solely responsible for ensuring that your device meets the technical requirements necessary to access and use the Swap Market Platform effectively.
16.2 Swap Market does not guarantee uninterrupted or error-free operation on all devices and shall not be liable for any limitations, disruptions, or failures resulting from device incompatibility.
17. Subcontractors
17.1 Swap Market may engage third-party subcontractors or Service Partners, including its Affiliates, to handle or operate the Swap Market Platform or perform any part of the Services or obligations under this TNC, at its sole discretion.
18. General Provisions
18.1 This TNC shall be governed by the laws of Malaysia, and the courts of Malaysia will have exclusive jurisdiction over any claim arising from or related to this TNC.
18.2 You acknowledge and agree that Swap Market and you are acting as independent contractors and not as employees, agents, partners, or representatives of Swap Market. Nothing in this TNC shall be construed to create any employment, joint venture, agency, or fiduciary relationship between Swap Market and you.
18.3 If Swap Market fails to exercise any of the rights or remedies to which Swap Market is entitled under this TNC, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.4 If any provision of this TNC 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 terms in this TNC shall continue to be valid to the fullest extent permitted by law.
18.5 You may not assign, transfer, or delegate any rights or obligations under this TNC without the prior written consent of Swap Market. Any attempted assignment or transfer in violation of this clause shall be null and void. Swap Market may freely assign or transfer its rights and obligations under this TNC, in whole or in part, without restriction and without notice to you.
18.6 This TNC together with the terms and conditions referenced herein shall constitute the entire agreement between you and Swap Market concerning your use of the Swap Market Platform and shall supersede all prior and contemporaneous communications, agreements, or understandings, whether written or oral, relating to such subject matter.
18.7 Force Majeure: If Swap Market, its Affiliates and/or its Service Partners are prevented or restricted from performing all or any of its obligations under this TNC, by reason of any Force Majeure Event, then Swap Market, its Affiliates and/or its Service Partners shall be relieved of its obligations during the period that such event continues and shall not be liable to you for any delay and/or failure in the performance of its obligations during such period.
18.8 For the purposes of Clause 18.7, Force Majeure Event shall mean and include any event beyond the reasonable control of Swap Market, its Affiliates and/or its Service Partners, any acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer or software malfunction, electrical power failure, faults, interruption or disruption of our network or the networks of our service providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
18.9 Your acceptance of this TNC forms an agreement between you and Swap Market governing your access to, use of, and transactions conducted through the Swap Market Platform. A trade-in request, once accepted, is subject to the applicable trade-in terms under Clause 6. Any Device Protection enrolment is governed by the applicable Device Protection terms and conditions.
18.10 Electronic Contracting: You acknowledge and agree that your use of the Swap Market Platform, including but not limited to account registration, clicking "accept", "confirm", "place order", or any similar action, constitutes your electronic signature and forms a legally binding agreement between you and Swap Market subject to Clause 18.9. You further agree that:
(a) all agreements, notices, disclosures, and other communications provided by Swap Market to you electronically (via the Swap Market Platform, email, or mobile application) satisfy any requirement that such communications be in writing;
(b) contracts formed through the Swap Market Platform shall be deemed valid and enforceable under applicable laws, including the Electronic Commerce Act 2006;
(c) the records maintained by Swap Market relating to transactions, communications and account activity shall be prima facie evidence of such transactions and shall be binding on you, in the absence of manifest error; and
(d) you are responsible for ensuring that your contact details are accurate and capable of receiving electronic communications from Swap Market.
You waive any rights to challenge the validity or enforceability of electronic agreements solely on the basis that they were formed electronically.
19. Seller Compliance
19.1 Swap Market operates the Swap Market Platform in accordance with the Consumer Protection (Electronic Trade Transaction) Regulations 2024 ("CPETTR 2024").
19.2 Before a listing or transaction is permitted, the Seller must provide all information required under applicable law, including the Seller's name, contact information, relevant address, the main characteristics of the device, the full price including applicable delivery charges and other costs, payment terms, sale terms and the estimated delivery timeframe.
19.3 Swap Market may collect, verify, retain and disclose identification, contact, transaction, listing and advertisement records as required by applicable law. Swap Market will maintain the records required under the Consumer Protection (Electronic Trade Transaction) Regulations 2024 for the applicable statutory period.
19.4 Where required by law, mandatory disclosures shall be made available in Bahasa Malaysia. Additional languages may be used provided they are consistent with the Bahasa Malaysia version.
19.5 Swap Market Platform enables Buyers to review order details prior to confirmation.
19.6 Sellers must ensure that items correspond to their descriptions and are reasonably fit for their intended use.
19.7 Swap Market provides channels for Buyers to submit complaints or disputes relating to transactions. Swap Market may facilitate resolution between Sellers and Buyers but does not act as a guarantor of any transaction.
19.8 Swap Market may review listings and take action where content or conduct does not comply with this TNC or applicable law, including removal of listings or suspension of User Accounts.
19.9 Swap Market may retain records relating to Buyers and Sellers and transactions for a period of three (3) years.
20. Definitions and Interpretation
20.1 The following definitions apply throughout this TNC:
· Account Credentials: means the account details of a user used to access a User Account, including usernames and passwords.
· Affiliates: means in relation to Swap Market, any person or entity controlled directly or indirectly by such party, or any person or entity that controls directly or indirectly such party in any way whatsoever.
· Buyer: A user who purchases a preowned mobile device through the Swap Market Platform.
· Buyer Protection: means the service offered by Swap Market under Clause 7 under which a Buyer may be entitled to a refund, return, repair or other resolution.
· Buyer Protection Fee: means the fee applicable to purchases conducted through the Swap Market Platform in connection with the Buyer Protection arrangements described in Clause 7.
· Content: means any written, audio, or visual content element on a website, photos, logos, videos and includes any other multimedia elements.
· Customer: A user who accesses, uses and/or transacts through the Swap Market Platform.
· eKYC: Electronic Know Your Customer process conducted by our identity verification service partner.
· IMEI: International Mobile Equipment Identity, a unique number used to identify devices. Required for listing and verification.
· Intellectual Property Rights: means all inventions, trade secrets, know-how, developments, improvements, results, data, designs, computer programs/software and other information in any form, patentable or unpatentable, patented or unpatented, copyrighted or uncopyrighted, uncopyrightable or not, which are conceived, created, written, developed, reduced to practice, acquired, owned or controlled by Swap Market under this TNC or any other party.
· Online Marketplace: as defined in the Consumer Protection (Electronic Trade Transaction) Regulations 2024.
· Security Breach: refers to an incident(s) where unauthorized individuals and/or third party gain access to sensitive data, systems or networks of Swap Market Platform, potentially leading to data theft, financial loss, service disruption or reputational damage and includes any suspected unauthorized access to or use of a Customer's Account Credentials.
· Seller: A user who lists and sells a preowned mobile device on the Swap Market Platform.
· Services: means the services provided or made available through Swap Market Platform, including facilitation of the purchase, sell and trade-in of preowned mobile devices, Buyer Protection and such other services as may be offered by Swap Market and/or its Affiliates/Service Partners from time to time.
· SNAD (Significantly Not As Described): A dispute category where the item materially differs from its listing description.
· Service Partners/ Partners: refers to third party service providers including but not limited to Swap Market's Affiliates who provide a particular service or component for the functionality of the Swap Market Platform.
· User Account: means the digital profile created by the user and/or Swap Market for the purposes of accessing, using or transacting on the Swap Market Platform.