Terms & Conditions
of Service
1. INTRODUCTION
1.1 Welcome to the SwanyeeAgri platform (the "Site"). Please
read the following Terms of Service carefully before using this Site or opening
a SwanyeeAgri account ("Account") so that you are aware of your legal
rights and obligations with respect to SwanyeeAgri and its affiliates and
subsidiaries (individually and collectively, "SwanyeeAgri",
"we", "us" or "our"). The "Services" we
provide or make available include (a) the Site, (b) the services provided by
the Site and by SwanyeeAgri client software made available through the Site,
and (c) all information, linked pages, features, data, text, images,
photographs, graphics, music, sounds, video (including live streams), messages,
tags, content, programming, software, application services (including, without
limitation, any mobile application services) or other materials made available
through the Site or its related services ("Content"). Any new
features added to or augmenting the Services are also subject to these Terms of
Service. These Terms of Service govern your use of Services provided by SwanyeeAgri.
1.2 The Services include an online platform service that provides a place
and opportunity for the sale of goods between the buyer (“Buyer”) and the
seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract
for sale is directly between Buyer and Seller and SwanyeeAgri is not a party to
that or any other contract between Buyer and Seller and accepts no obligations
in connection with any such contract. Parties to such transaction will be
entirely responsible for the sales contract between them, the listing of goods,
warranty of purchase and the like. SwanyeeAgri is not involved in the
transaction between Users. SwanyeeAgri may or may not pre-screen Users or the
Content or information provided by Users. SwanyeeAgri reserves the right to
remove any Content or information posted by you on the Site in accordance with
Section 6.4 herein. SwanyeeAgri cannot ensure that Users will actually complete
a transaction.
1.3 Before becoming a User of the Site, you must read and accept all of
the terms and conditions in, and linked to, these Terms of Service and you must
consent to the processing of your personal data as described in the Privacy
Policy linked hereto.
1.4 SwanyeeAgri reserves the right to change, modify, suspend or discontinue
all or any part of this Site or the Services at any time or upon notice as
required by local laws. SwanyeeAgri may release certain Services or their
features in a beta version, which may not work correctly or in the same way the
final version may work, and we shall not be held liable in such instances. SwanyeeAgri
may also impose limits on certain features or restrict your access to parts of,
or the entire, Site or Services in its sole discretion and without notice or
liability.
1.5 SwanyeeAgri reserves the right to refuse to provide you access to the
Site or Services or to allow you to open an Account for any reason.
BY USING SWANYEEAGRI SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE
ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE
ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED
HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS
THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT
HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”),
YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND
THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS
SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR
LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO
IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE
MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR
COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR
CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at SwanyeeAgri. To better protect
your rights we have provided the SwanyeeAgri.com Privacy Policy to explain our
privacy practices in detail. Please review the Privacy Policy to understand how
SwanyeeAgri collects and uses the information associated with your Account
and/or your use of the Services (the “User Information”). By using the Services
or providing information on the Site, you:
(i) consent to SwanyeeAgri's collection, use, disclosure and/or processing
of your Content, personal data and User Information as described in the Privacy
Policy;
(ii) agree and acknowledge that the proprietary rights of your User
Information are jointly owned by you and SwanyeeAgri; and
(iii) shall not, whether directly or indirectly, disclose your User
Information to any third party, or otherwise allow any third party to access or
use your User Information, without SwanyeeAgri’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of
the Services (the “Receiving Party”) hereby agree that, they will (i) comply
with all applicable personal data protection laws with respect to any such
data; (ii) allow the User whose personal data the Receiving Party has collected
(the “Disclosing Party”) to remove his or her data so collected from the
Receiving Party’s database, and (iii) allow the Disclosing Party to review what
information has been collected about them by the Receiving Party, in each case
of (ii) and (iii) above, in compliance with and where required by applicable
laws.
3. LIMITED LICENSE
3.1 SwanyeeAgri grants you a limited and revocable license to access and
use the Services subject to the terms and conditions of these Terms of Service.
All proprietary Content, trademarks, service marks, brand names, logos and
other intellectual property (“Intellectual Property”) displayed on the Site are
the property of SwanyeeAgri and where applicable, third party proprietors
identified in the Site. No right or licence is granted directly or indirectly
to any party accessing the Site to use or reproduce any Intellectual Property,
and no party accessing the Site shall claim any right, title or interest
therein. By using or accessing the Services you agree to comply with the
copyright, trademark, service mark, and all other applicable laws that protect
the Services, the Site and it's Content. You agree not to copy, distribute,
republish, transmit, publicly display, publicly perform, modify, adapt, rent,
sell, or create derivative works of any portion of the Services, the Site or
its Content. You also may not, without our prior written consent, mirror or
frame any part or the whole of the contents of this Site on any other server or
as part of any other website. In addition, you agree that you will not use any
robot, spider or any other automatic device or manual process to monitor or
copy our Content, without our prior written consent (such consent is deemed
given for standard search engine technology employed by Internet search
websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that
your website does not imply any endorsement by or association with SwanyeeAgri.
You acknowledge that SwanyeeAgri may, in its sole discretion and at any time,
discontinue providing the Services, either in part or as a whole, without
notice.
4. SOFTWARE
Any software provided by us to you as part of the Services is subject to the
provisions of these Terms of Service. SwanyeeAgri reserves all rights to the
software not expressly granted by SwanyeeAgri hereunder. Any third-party
scripts or code, linked to or referenced from the Services, are licensed to you
by the third parties that own such scripts or code, not by SwanyeeAgri.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by
selecting a unique user identification ("User ID") and password, and
by providing certain personal information. If you select a User ID that SwanyeeAgri,
in its sole discretion, finds offensive or inappropriate, SwanyeeAgri has the
right to suspend or terminate your Account. You may be able to use your Account
to gain access to other products, websites or services to which we have enabled
access or with which we have tied up or collaborated. SwanyeeAgri has not
reviewed and assumes no responsibility for any third party content,
functionality, security, services, privacy policies, or other practices of
those products, websites or services. If you do so, the terms of service for
those products, websites or services, including their respective privacy
policies, if different from these Terms of Service and/or our Privacy Policy,
may also apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your
User ID and password when logging in, (b) ensure that you log out from your
account at the end of each session on the Site, (c) immediately notify SwanyeeAgri
of any unauthorised use of your account, User ID and/or password, and (d)
ensure that your Account information is accurate and up-to-date. You are fully
responsible for all activities that occur under your User ID and Account even
if such activities or uses were not committed by you. SwanyeeAgri will not be
liable for any loss or damage arising from unauthorised use of your password or
your failure to comply with this Section.
5.3 You agree that SwanyeeAgri may for any reason, in its sole discretion
and with or without notice or liability to you or any third party, immediately
terminate your Account and your User ID, remove or discard from the Site any
Content associated with your Account and User ID, withdraw any subsidies
offered to you, cancel any transactions associated with your Account and User
ID, temporarily withhold any sale proceeds or refunds, and/or take any other
actions that SwanyeeAgri deems necessary. Grounds for such actions may include,
but are not limited to, (a) extended periods of inactivity, (b) violation of
the letter or spirit of these Terms of Service, (c) illegal, fraudulent,
harassing, defamatory, threatening or abusive behaviour (d) having multiple
user accounts, or (e) behaviour that is harmful to other Users, third parties,
or the business interests of SwanyeeAgri. Use of an Account for illegal,
fraudulent, harassing, defamatory, threatening or abusive purposes may be
referred to law enforcement authorities without notice to you. If a legal
dispute arises or law enforcement action is commenced relating to your Account
or your use of the Services for any reason, SwanyeeAgri may terminate your
Account immediately with or without notice.
5.4 Users may terminate their Account if they notify SwanyeeAgri in
writing (including via email at [email protected]) of their desire
to do so. Notwithstanding any such termination, Users remain responsible and
liable for any incomplete transaction (whether commenced prior to or after such
termination), shipment of the product, payment for the product, or the like,
and Users must contact SwanyeeAgri after he or she has promptly and effectively
carried out and completed all incomplete transactions according to the Terms of
Service. SwanyeeAgri shall have no liability, and shall not be liable for any
damages incurred due to the actions taken in accordance with this Section.
Users waive any and all claims based on any such action taken by SwanyeeAgri.
5.5 You may only use the Services and/or open an Account if you are
located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until
terminated. This license will terminate as set forth under these Terms of
Service or if you fail to comply with any term or condition of these Terms of
Service. In any such event, SwanyeeAgri may effect such termination with or
without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, alarming, distressing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation
in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or
entity, or otherwise misrepresent your affiliation with a person or
entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative
works, or translation of the Services without the express permission of SwanyeeAgri;
(h) use the Services for the benefit of any third party or any manner not
permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent,
unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any
conduct that violates either the letter or spirit of these Terms of Service;
(k) access the SwanyeeAgri platform, open a user account, or otherwise
access your user account using an emulator, simulator, bot or other similar
hardware or software;
(l) manipulate the price of any item or interfere with other User's
listings;
(m) take any action that may undermine the feedback or rating systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the
Services (or any portion thereof), or to defeat or overcome any encryption
technology or security measures implemented by SwanyeeAgri with respect to the
Services and/or data transmitted, processed or stored by SwanyeeAgri;
(o) harvest or collect any information about or regarding other Account
holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any
unsolicited or unauthorised advertising, promotional materials, "junk
mail", "spam", "chain letters", "pyramid
schemes", or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material
that contains software viruses, worms, Trojan-horses or any other computer
code, routines, files or programs designed to directly or indirectly interfere
with, manipulate, interrupt, destroy or limit the functionality or integrity of
any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other Users of the Services are able to type, or
otherwise act in a manner that negatively affects other Users' ability to
engage in real-time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or
networks connected to the Services or any other User's use and enjoyment of the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site;
(v) take any action or engage in any conduct that could directly or
indirectly damage, disable, overburden, or impair the Services or the servers
or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any
applicable local, state, national or international law, rule, code, directive,
guideline, policy or regulation including, without limitation, laws and
requirements (whether or not having the force of law) relating to anti-money
laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or
embargo administered or enforced by the U.S. Department of Treasury’s Office of
Foreign Assets Control, the United Nations Security Council, the European Union
or Her Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to
"stalk" or otherwise harass another;
(z) infringe the rights of SwanyeeAgri, including any intellectual
property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users
in connection with the prohibited conduct and activities set forth above;
and/or
(bb) list items which infringe upon the copyright, trademark or other
intellectual property rights of third parties or use the Services in a manner
which will infringe the intellectual property rights of others.
6.3 You understand that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from whom such Content
originated. This means that you, and not SwanyeeAgri, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make
available through the Site. You understand that by using the Site, you may be
exposed to Content that you may consider to be offensive, indecent or
objectionable. To the maximum extent permitted by applicable law, under no
circumstances will SwanyeeAgri be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or
damage of any kind incurred as a result of the use of, or reliance on, any
Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that SwanyeeAgri and its designees shall have the
right (but not the obligation) in their sole discretion to pre-screen, refuse,
delete, stop, suspend, remove or move any Content, including without limitation
any Content or information posted by you, that is available on the Site.
Without limiting the foregoing, SwanyeeAgri and its designees shall have the
right to remove any Content (i) that violates these Terms of Service; (ii) if
we receive a complaint from another User; (iii) if we receive a notice of
intellectual property infringement or other legal instruction for removal; or
(iv) if such Content is otherwise objectionable. We may also block delivery of
a communication (including, without limitation, status updates, postings,
messages and/or chats) to or from the Services as part of our effort to protect
the Services or our Users, or otherwise enforce the provisions of these Terms
and Conditions. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including, without limitation, any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge
that you have not and, to the maximum extent permitted by applicable law, may
not rely on any Content created by SwanyeeAgri or submitted to SwanyeeAgri,
including, without limitation, information in SwanyeeAgri Forums and in all
other parts of the Site.
6.5 You acknowledge, consent to and agree that SwanyeeAgri may access,
preserve and disclose your Account information and Content if required to do so
by law or pursuant to an order of a court or by any governmental or regulatory
authority having jurisdiction over SwanyeeAgri or in a good faith belief that
such access preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms of Service; (c) respond to claims
that any Content violates the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights, property or personal
safety of SwanyeeAgri, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including,
without limitation, any or all of the following:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or
interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service,
please contact : [email protected]
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 The Users are independent individuals or businesses and they are not
associated with SwanyeeAgri in any way. SwanyeeAgri is neither the agent nor
representative of the Users and does not hold and/or own any of the
merchandises listed on the Site.
8.2 If you are an intellectual property right owner (“IPR Owner”) or an
agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your
right or your principal’s right has been infringed, please notify us in writing
by email to :[email protected] and copy to : [email protected] and
provide us the documents requested below to support your claim. Do allow us
time to process the information provided. SwanyeeAgri will respond to your
complaint as soon as practicable.
8.3 Complaints under this Section 8 must be provided in the form
prescribed by SwanyeeAgri, which may be updated from time to time, and must
include at least the following: (a) a physical or electronic signature of an
IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the
type and nature of intellectual property right that is allegedly infringed and
proof of rights; (c) details of the listing which contains the alleged
infringement; (d) sufficient information to allow SwanyeeAgri to contact the
Informant, such as Informant’s physical address, telephone number and e-mail
address; (e) a statement by Informant that the complaint is filed on good faith
belief and that the use of the intellectual property as identified by the
Informant is not authorised by the IPR Owner or the law; (f) a statement by the
Informant that the information in the notification is accurate, indemnify us
for any damages we may suffer as a result of the information provided by and
that the Informant has the appropriate right or is authorised to act on IPR
Owner’s behalf to the complaint.
9. PURCHASE AND PAYMENT
9.1 SwanyeeAgri supports one or more of the following payment methods in
each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type
of credit cards accepted by these payment channels may vary depending on the
jurisdiction you are in.
(ii) Cash on Delivery (COD)
SwanyeeAgri provides COD services in selected countries. Buyers may pay cash
directly to the deliver agent upon their receipt of the purchased item.
(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank
transfer (“Bank Transfer”) to our designated SwanyeeAgri Guarantee
Account (as defined in Section 11). Buyer must provide SwanyeeAgri with
the transfer receipt or payment transaction reference for verification
purposes through the ‘Upload Receipt’ function found in SwanyeeAgri’s app
as payment confirmation. If payment confirmation is not received by SwanyeeAgri
within three (3) days, Buyer’s order will be cancelled.
9.2 Buyer may only change their preferred mode of payment for their
purchase prior to making payment.
9.3 SwanyeeAgri takes no responsibility and assume no liability for any
loss or damages to Buyer arising from shipping information and/or payment
information entered by Buyer or wrong remittance by Buyer in connection with
the payment for the items purchased. We reserve the right to check whether
Buyer is duly authorised to use certain payment method, and may suspend the
transaction until such authorisation is confirmed or cancel the relevant transaction
where such confirmation is not available.
9.4 At the moment, SwanyeeAgri is only able to make payment to Users via
bank transfer. Hence, Users are required to provide SwanyeeAgri with his/her
banking details in order to receive payments i.e. from the sale of item or
refund from SwanyeeAgri.
10. SWANYEEAGRI GUARANTEE
10.1 SwanyeeAgri Guarantee is a service provided by SwanyeeAgri or its
authorised agent to protect purchases. To protect against the risk of
liability, payment for purchases made to Seller using the Services will be held
by SwanyeeAgri or its authorised agent (“SwanyeeAgri Guarantee Account”).
Seller will not receive interest or other earnings from the sum you have paid
into SwanyeeAgri Guarantee Account.
10.2 After Buyer makes payment for his/her order (“Buyer’s Purchase
Monies”), Buyer’s Purchase Monies will be held in SwanyeeAgri Guarantee Account
until:
(a) Buyer sends confirmation to SwanyeeAgri that Buyer has received
his/her goods, in which case, unless 10.2(d) applies, SwanyeeAgri
will release Buyer’s Purchase Monies (less the Seller’s proportion of the
Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined
below), and (if applicable) the Cross Border Fee (defined below)) in SwanyeeAgri
Guarantee Account to Seller;
(b) SwanyeeAgri Guarantee Period (or any approved extension under 10.3)
expires, in which case, unless 10.2(c) or 10.2(d) applies, SwanyeeAgri will
release Buyer’s Purchase Monies (less the Seller’s proportion of the
Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined
below), and (if applicable) the Cross Border Fee (defined below)) in SwanyeeAgri
Guarantee Account to Seller;
(c) SwanyeeAgri determines that Buyer’s application for a return of goods
and/or refund is successful, in which case, unless 10.2(d) applies, SwanyeeAgri
will provide a refund to Buyer, subject to and in accordance with the Refunds
and Return Policy;
(d) such other time as SwanyeeAgri reasonably determines that a
distribution of Buyer’s Purchase Monies (less the Seller’s proportion of
the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined
below), and (if applicable) the Cross Border Fee (defined below)) is
appropriate, including, without limitation, where it deems reasonably necessary
to comply with applicable law or a court order or to enforce these Terms of
Service.
SwanyeeAgri Guarantee is only offered to Buyers who have made payment through
the channels provided by SwanyeeAgri into SwanyeeAgri Guarantee Account.
Offline arrangements between Buyer and Seller will not be covered under SwanyeeAgri
Guarantee.
10.3 Payments made through SwanyeeAgri channels will be held in the SwanyeeAgri
Guarantee Account for a specified period of time (the “SwanyeeAgri Guarantee
Period”). To find out more about the SwanyeeAgri Guarantee Period,
please click this link. Buyer may apply for a one-time
extension of SwanyeeAgri Guarantee Period prior to the expiry of the applicable
SwanyeeAgri Guarantee Period, subject to and in accordance with the Refunds and
Return Policy. Upon Buyer’s application, SwanyeeAgri Guarantee Period may be extended
for a maximum period of three (3) days unless SwanyeeAgri in its sole
discretion determines that a longer extension is appropriate or required.
10.4 If, for any reason, the Seller's bank account cannot be credited
and/or the Seller cannot be contacted, SwanyeeAgri will use reasonable
endeavours to contact the Seller using the contact details provided by
him/her. In the event that the Seller cannot be contacted and the Buyer’s
Purchase Monies remain unclaimed for more than twelve (12) months after they become
due to the Seller, SwanyeeAgri will deal with such unclaimed Buyer's Purchase
Monies in accordance with any applicable laws.
10.5 Seller/Buyer must be the beneficial owner of the Account and conduct
transaction on the Site only on behalf of him or herself. SwanyeeAgri may
require Seller or Buyer to provide his or her personal data such as recent
identity photograph, bank account details and/or any other such documentation
necessary, for verification purposes, including verification required by third
party payment processing and logistic service providers. Seller/Buyer hereby
grants SwanyeeAgri his/her consent to use or provide to third party his/her
personal data to facilitate his/her use of the Site. Further, Seller/Buyer
authorises SwanyeeAgri to use his/her personal data to make any inquires we
consider necessary to validate his/her identity with the appropriate entity
such as his/her bank. For more information in relation to how SwanyeeAgri
handles your personal information, please visit our PrivacyPolicy page.
10.6 The SwanyeeAgri
Guarantee is in addition and without limitation to Buyer’s and Seller’s
obligations under applicable law, which may go above and beyond what is
provided for by the SwanyeeAgri Guarantee. The SwanyeeAgri Guarantee is neither
intended nor designed to assist Buyer or Seller in complying with its own legal
obligations, for which each party will remain solely responsible, and SwanyeeAgri
accepts no liability in connection with the same. Without limitation, the SwanyeeAgri
Guarantee does not constitute a product warranty.
10.7 Buyer and
Seller acknowledge and agree that SwanyeeAgri’s decision (including any
appeals) in respect of and relating to any issues concerning the SwanyeeAgri
Guarantee is final.
10.8 For the
avoidance of doubt, any transactions not conducted on the Site will not qualify
for the protection offered by SwanyeeAgri Guarantee.
11. DELIVERY
Please click here for "Delivery Information".
11.1 SwanyeeAgri
will inform Seller when SwanyeeAgri receives Buyer’s Purchase Monies. Unless
otherwise agreed with SwanyeeAgri, Seller should then make the necessary
arrangements to have the purchased item delivered to Buyer and provide details
such as the name of the delivery company, the tracking number, etc. to Buyer
through the Site.
11.2 Seller must
use his/her best effort to ensure that Buyer receives the purchased items
within, whichever applicable, the SwanyeeAgri Guarantee Period or the time
period specified (for offline payment) by Seller on Seller’s listing.
11.3 Users
understand that Seller bears all risk attached to the delivery of the purchased
item(s) and warrants that he/she has or will obtain adequate insurance coverage
for the delivery of the purchased item(s). In the event where the purchased
item(s) is damaged, lost or failure of delivery during the course of delivery,
Users acknowledge and agree that SwanyeeAgri will not be liable for any damage,
expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out
to the logistic service provider to resolve such dispute.
11.4 For
Cross-Border Transaction. Users understand and acknowledge that, where a
product listing states that the product will ship from overseas, such product
is being sold from a Seller based outside of Myanmar, and the importation and
exportation of such product is subject to local laws and regulations. Users
should familiarise themselves with all import and export restrictions that
apply to the designating country. Users acknowledge that SwanyeeAgri cannot
provide any legal advice in this regard and agrees that SwanyeeAgri shall not
bear any risks or liabilities associated with the import and export of such
products to Myanmar.
11.5 Where the
Buyer selects to have a purchased item delivered by EMS/UPS, all costs for
delivering the purchased item shall be borne solely by the Seller.
11.6 Where the
Buyer selects to have a purchased item delivered by any other shipping method,
the fee payable to the delivery company (“Shipping Fee”) shall be borne by the
Buyer, Seller and SwanyeeAgri in such proportions as may be determined by SwanyeeAgri
and published on the Site from time to time. SwanyeeAgri shall (i)
collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct
the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in
accordance with Section 11.2, and (iii) pay the total Shipping Fee to the
delivery company.
12. CANCELLATION,
RETURN AND REFUND
12.1 Buyer may
only cancel his/her order prior to the payment of Buyer’s Purchase Monies into SwanyeeAgri
Guarantee Account.
12.2 Buyer may
apply for the return of the purchased item and refund prior to the expiry of SwanyeeAgri
Guarantee Period (7days after receipt of goods), if applicable, subject to and
in accordance with SwanyeeAgri’s Refunds and Return Policy. Please refer to SwanyeeAgri’s Refunds & Returns Policy for further information.
12.3 SwanyeeAgri
reserves the right to cancel any transaction on the Site and Buyer agrees that
Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies
paid into SwanyeeAgri Guarantee Account.
12.4 SwanyeeAgri
does not monitor the cancellation, return and refund process for offline
payment.
12.5 Return & Refund Policy
1. If your product is
defective / damaged or incorrect / incomplete at the time of delivery, please
contact us within the applicable return window. Your product may be eligible
for refund or replacement depending on the product category and condition.
Please see the detailed terms in the relevant category below.
2. Please note that some
products are not eligible for a return if the product is "No longer
needed".
3. If the return window of your product has expired, we
refer you to the brand warranty center (if applicable).
Non-Returnable
Items
Please note that selected items sold on www.SwanyeeAgri.com
are not eligible for return. Below you find a consolidated list of all
non-returnable items.
Category
Non-Returnable Items
Fashion
Custom made items, women's intimate apparel and
men's inner-wear cannot be returned
Health & Beauty
All items in this category, except for hair
removal and other electronical items
Computing & Gaming
All software products
that are labeled as non-returnable on their product detail pages
TVs, Audio & Cameras
Movies and Music cannot be returned
Home & Living
Custom made items cannot be returned
Food & Beverages
All items in this category
Pet Supplies
All items in this
category
Events & Tickets
All items in this
category
Books
All items in this category
Forest Products
All items in this category
Bio-Fertilizers
All items in this category
Organic & G.A.P. Products
All items in this category
If you have received a non-returnable item that
is defective / damaged or incorrect / incomplete, please contact us within
7 days of delivery.
We promise your money back
if the item you received is not as described, or if your item is not delivered
within the Buyer Protection period. You can get a refund 21 days after the
claim process finishes.
If you can't come to an
amicable agreement after contacting us, simply raise a claim by opening a
dispute using Product Returns Form within
7 days following the delivery of your order or the end of the package receipt confirmation
period (as listed in your order details).
Conditions for Returns
1. The product must be unused, unworn, unwashed and without any
flaws. Fashion products can be tried on to see if they fit and will still be
considered unworn.
2. The product must
include the original tags, user manual, warranty cards, freebies and
accessories.
3. The product must be returned in the original and
undamaged manufacturer packaging / box. If the product was delivered in a
second layer of www.SwanyeeAgri.com packaging, it must be returned in the same
condition with the return shipping label attached. Do not put tape or stickers
on the manufacturers box.
If a product is returned to us in an
inadequate condition, we reserve the right to send it back to you.
Returns Reasons
If your product is eligible for a refund, you
can choose your preferred refund method based on the table below. The shipping
fee is refunded along with the amount paid for your returned product.
The time required to complete a refund depends
on the refund method you have selected. Once we have received your product (4-5
working days) and it has undergone a quality control (1-2 working days), the
expected refund processing times are as follows:
Cash On Delivery :
3-7 working days.
MPU/Bank Transfer: 3-7 working days
VISA/Master Card : 7 to 21 days
13. SELLER’S RESPONSIBILITIES
13.1 Seller shall
properly manage and ensure that relevant information such as the price and the
details of items, inventory amount and terms and conditions for sales is
updated on Seller’s listing and shall not post inaccurate or misleading
information.
13.2 The price of
items for sale will be determined by the Seller at his/her own discretion. The
price of an item and shipping charges shall include the entire amount to be
charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller
shall not charge Buyer such amount additionally and separately.
13.3 Seller
agrees that SwanyeeAgri may at its discretion engage in promotional activities
to induce transactions between Buyer and Seller by reducing, discounting or
refunding fees, or in other ways. The final price that Buyer will pay actually
will be the price that such adjustment is applied to.
13.4 For the
purpose of promoting the sales of the items listed by Seller, SwanyeeAgri may
post such items (at adjusted price) on third-party websites (such as portal sites
and price comparison sites) and other websites (domestic or foreign) operated
by SwanyeeAgri.
13.5 Seller shall
issue receipts, credit card slips or tax invoices to Buyer on request.
13.6 Seller
acknowledges and agrees that Seller will be responsible for paying all taxes,
customs and duties for the item sold and SwanyeeAgri cannot provide any legal
or tax advice in this regard. As tax laws and regulations may change from time
to time, Sellers are advised to seek professional advice if in doubt.
13.7 Seller
acknowledge and agrees that Seller’s violation of any of SwanyeeAgri’s polices
will result in a range of actions as stated in Section 7.1.
14. TRANSACTION
FEES
14.1 SwanyeeAgri
charges a fee for all successful transactions completed via bank transfer, credit
card or COD(Cash On Delivery) on the Site (“Transaction Fee”). The
Transaction Fee is borne by the Seller, and is calculated as two percent (1.2%)
of the Buyer’s Purchase Monies, rounded up to the nearest cent. The
Transaction Fee is subject to Tax “Tax Amount”, and the Seller is responsible
for such Tax Amount.
14.2 For Sellers
located outside of Myanmar, SwanyeeAgri charges a fee for all successful
transactions completed via bank transfer or credit card on the Site (“Cross
Border Fee”). The Cross Border fee is borne by the Seller, and is calculated
according to the rates as notified to such Sellers from time to time on the
Site.
14.3 Following
the successful completion of a transaction, SwanyeeAgri shall deduct the
Transaction Fee and the Tax Amount, and the Cross Border Fee (as applicable)
from the Buyer’s Purchase Monies, and remit the balance to the Seller in
accordance with Section 10.2. SwanyeeAgri shall issue receipts or tax
invoices for the Transaction Fee and Tax Amount paid by Seller on request.
14.4. SwanyeeAgri shall give the exemption for
the development project beneficiaries of Swanyee Group. They shall not to pay
any service charges for platform cost of 50000 MMK, and any fee for business
transaction 6%. But if they use the payment gateway of the Banks, their
business transaction shall have to be charged by 4%.
15. DISPUTES
15.1 In the event
a problem arises in a transaction, the Buyer and Seller agree to communicate
with each other first to attempt to resolve such dispute by mutual discussions,
which SwanyeeAgri shall use reasonable commercial efforts to facilitate. If the
matter cannot be resolved by mutual discussions, Users may approach the claims
tribunal of their local jurisdiction to resolve any dispute arising from a
transaction.
15.2 Each Buyer
and Seller covenants and agrees that it will not bring suit or otherwise assert
any claim against SwanyeeAgri or its Affiliates (except where SwanyeeAgri or
its Affiliates is the Seller of the product that the claim relates to) in
relation to any transaction made on the Site or any dispute related to such a
transaction.
15.3 Users
covered under SwanyeeAgri Guarantee may send written request to SwanyeeAgri to
assist them in resolving issues which may arise from a transaction upon
request. SwanyeeAgri may, at its sole discretion and with absolutely no
liability to Seller and Buyer, take all necessary steps to assist Users in
resolving their dispute. For more information, please refer to SwanyeeAgri’s Refund and Return Policy.
15.4 To be clear, the services
provided under this Section 16 are only available to Buyers covered under SwanyeeAgri
Guarantee. Buyer using other payment means for his/her purchase should contact
Seller directly.
16. FEEDBACK
17.1 SwanyeeAgri welcomes information and feedback from our Users which
will enable SwanyeeAgri to improve the quality of service provided. Please
refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback
form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts
and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
17. DISCLAIMERS
17.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY
WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SWANYEEAGRI OF ANY KIND EITHER
EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SWANYEEAGRI DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR
THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE
CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE
ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD
DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL
CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
17.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
17.3 SWANYEEAGRI HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE
FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE
VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO
PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS
AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, RELEASE SWANYEEAGRI AND ITS AFFILIATES FROM
ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH
ANY SUCH DISPUTE.
18. EXCLUSIONS AND LIMITATIONS OF LIABILITY
18.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWANYEEAGRI
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:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS
OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS,
IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN
IF SWANYEEAGRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF
YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
18.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, SWANYEEAGRI IS FOUND BY A
COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE),
THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU
OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND
PAYABLE TO YOU PURSUANT TO THE SWANYEEAGRI GUARANTEE; AND (B) $100 (ONE
HUNDRED US DOLLARS).
18.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SWANYEEAGRI’S NEGLIGENCE, FOR
FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF SWANYEEAGRI THAT CANNOT BE
LAWFULLY LIMITED AND/OR EXCLUDED.
19. LINKS TO THIRD PARTY SITES
Third party links
provided throughout the Site will let you leave this Site. These links are
provided as a courtesy only, and the sites they link to are not under the
control of SwanyeeAgri in any manner whatsoever and you therefore access them
at your own risk. SwanyeeAgri is in no manner responsible for the contents of
any such linked site or any link contained within a linked site, including any
changes or updates to such sites. SwanyeeAgri is providing these links merely
as a convenience, and the inclusion of any link does not in any way imply or
express affiliation, endorsement or sponsorship by SwanyeeAgri of any linked
site and/or any of its content therein.
20. YOUR
CONTRIBUTIONS TO THE SERVICES
20.1 By
submitting Content for inclusion on the Services, you represent and warrant
that you have all necessary rights and/or permissions to grant the licenses
below to SwanyeeAgri. You further acknowledge and agree that you are solely
responsible for anything you post or otherwise make available on or through the
Services, including, without limitation, the accuracy, reliability, nature,
rights clearance, compliance with law and legal restrictions associated with
any Content contribution. You hereby grant SwanyeeAgri and its successors a
perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable
and transferable license to use, copy, distribute, republish, transmit, modify,
adapt, create derivative works of, publicly display, and publicly perform such
Content contribution on, through or in connection with the Services in any
media formats and through any media channels, including, without limitation,
for promoting and redistributing part of the Services (and its derivative
works) without need of attribution and you agree to waive any moral rights (and
any similar rights in any part of the world) in that respect. You understand
that your contribution may be transmitted over various networks and changed to
conform and adapt to technical requirements.
20.2 Any Content,
material, information or idea you post on or through the Services, or otherwise
transmit to SwanyeeAgri by any means (each, a "Submission"), is not
considered confidential by SwanyeeAgri and may be disseminated or used by SwanyeeAgri
without compensation or liability to you for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products. By making
a Submission to SwanyeeAgri, you acknowledge and agree that SwanyeeAgri and/or
other third parties may independently develop software, applications,
interfaces, products and modifications and enhancements of the same which are
identical or similar in function, code or other characteristics to the ideas
set out in your Submission. Accordingly, you hereby grant SwanyeeAgri and its
successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free,
sub-licensable and transferable license to develop the items identified above,
and to use, copy, distribute, republish, transmit, modify, adapt, create
derivative works of, publicly display, and publicly perform any Submission on,
through or in connection with the Services in any media formats and through any
media channels, including, without limitation, for promoting and redistributing
part of the Services (and its derivative works). This provision does not apply
to personal information that is subject to our privacy policy except to the
extent that you make such personal information publicly available on or through
the Services.
21. THIRD PARTY
CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
21.1 Each
contributor to the Services of data, text, images, sounds, video, software and
other Content is solely responsible for the accuracy, reliability, nature,
rights clearance, compliance with law and legal restrictions associated with
their Content contribution. As such, SwanyeeAgri is not responsible to, and
shall not, regularly monitor or check for the accuracy, reliability, nature,
rights clearance, compliance with law and legal restrictions associated with
any contribution of Content. You will not hold SwanyeeAgri responsible for any
User's actions or inactions, including, without limitation, things they post or
otherwise make available via the Services.
21.2 In addition,
the Services may contain links to third party products, websites, services and
offers. These third party links, products, websites and services are not owned
or controlled by SwanyeeAgri. Rather, they are operated by, and are the
property of, the respective third parties, and may be protected by applicable
copyright or other intellectual property laws and treaties. SwanyeeAgri has not
reviewed, and assumes no responsibility for the content, functionality,
security, services, privacy policies, or other practices of these third
parties. You are encouraged to read the terms and other policies published by
such third parties on their websites or otherwise. By using the Services, you
agree that SwanyeeAgri shall not be liable in any manner due to your use of, or
inability to use, any website or widget. You further acknowledge and agree that
SwanyeeAgri may disable your use of, or remove, any third party links, or
applications on the Services to the extent they violate these Terms of Service.
23. YOUR
REPRESENTATIONS AND WARRANTIES
You represent and
warrant that:
(a) you possess
the legal capacity (and in the case of a minor, valid parent or legal guardian
consent), right and ability to enter into these Terms of Service and to comply
with its terms; and
(b) you will use
the Services for lawful purposes only and in accordance with these Terms of
Service and all applicable laws, rules, codes, directives, guidelines, policies
and regulations.
24. FRAUDULENT OR
SUSPICIOUS ACTIVITY
If SwanyeeAgri, in its
sole discretion, believes that you may have engaged in any potentially
fraudulent or suspicious activity and/or transactions, we may take various
actions to protect SwanyeeAgri, other Buyers or Sellers, other third parties or
you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other
liability. The actions we may take include but are not limited to the
following:
(a) We may close,
suspend, or limit your access to your Account or the Services, and/or suspend
the processing of any transaction;
(b) We may
suspend your eligibility for SwanyeeAgri Guarantee;
(c) We may hold,
apply or transfer the funds in your Account as required by judgments and orders
which affect you or your Account, including judgments and orders issued by
courts in Singapore or elsewhere and directed to SwanyeeAgri;
(d) We may refuse
to provide the Services to you now and in the future;
(e) We may hold
your funds for a period of time reasonably needed to protect against the risk
of liability to SwanyeeAgri or a third party, or if we believe that you may be
engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of
this Section:
"Chargeback"
means a request that a Buyer files directly with his or her debit or credit
card company or debit or credit card issuing bank to invalidate a payment.
"Claim"
means a challenge to a payment that a Buyer or Seller files directly with SwanyeeAgri.
"Reversal"
means the reversal of a payment by SwanyeeAgri because (a) it is invalidated by
the sender's bank, (b) it was sent to you in error by SwanyeeAgri, (c) the
sender of the payment did not have authorization to send the payment (for
example: the sender used a stolen credit card), (d) you received the payment
for activities that violated these Terms of Service or any other SwanyeeAgri
policy, or (e) SwanyeeAgri decided a Claim against you.
25. INDEMNITY
You agree to
indemnify, defend and hold harmless SwanyeeAgri, 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) any transaction
made on the Site, or any dispute in relation to such transaction (except where SwanyeeAgri
or its Affiliates is the Seller in the transaction that the dispute relates
to), (b) the SwanyeeAgri Guarantee, (c) the hosting, operation, management
and/or administration of the Services by or on behalf of SwanyeeAgri, (d) your
violation or breach of any term of these Terms of Service or any policy or
guidelines referenced herein, (e) your use or misuse of the Services, (f) your
breach of any law or any rights of a third party, or (g) any Content uploaded
by you.
26. SEVERABILITY
If any provision of
these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable
under the law of any jurisdiction, then that provision shall be deemed
severable from these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions in such jurisdiction nor the
validity and enforceability of the provision in question under the law of any
other jurisdiction.
27. GOVERNING LAW
These Terms of Service
shall be governed by and construed in accordance with the laws of the Republic
of the Union of Myanmar without regard to its conflict of law rules. The United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act, to the extent applicable, are
expressly disclaimed. Unless otherwise required by applicable laws, any dispute,
controversy, claim or difference of any kind whatsoever shall arising out of or
relating to these Terms of Service against or relating to SwanyeeAgri or any
Indemnified Party under these Terms of Service shall be referred to and finally
resolved by arbitration in Singapore in accordance with the Arbitration Rules
of the Myanmar Arbitration Centre (“MAC Rules”) for the time being in
force, which rules are deemed to be incorporated by reference in this Section.
There will be one (1) arbitrator and the language of the arbitration shall be
English and Myanmar.
28. GENERAL
PROVISIONS
28.1 SwanyeeAgri
reserves all rights not expressly granted herein.
28.2 SwanyeeAgri
may modify these Terms of Service at any time by posting the revised Terms of
Service on this Site. Your continued use of this Site after such changes have
been posted shall constitute your acceptance of such revised Terms of
Service.
28.3 You may not
assign, sublicense or transfer any rights granted to you hereunder or
subcontract any of your obligations.
28.4 Nothing in
these Terms of Service shall constitute a partnership, joint venture or
principal-agent relationship between you and SwanyeeAgri, nor does it authorise
you to incur any costs or liabilities on SwanyeeAgri’s behalf.
28.5 The failure
of SwanyeeAgri at any time or times to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same
unless the same is waived in writing.
28.6 These Terms
of Service are solely for your and our benefit and are not for the benefit of
any other person or entity, except for SwanyeeAgri's affiliates and
subsidiaries (and each of SwanyeeAgri's and its affiliates' and subsidiaries'
respective successors and assigns).
28.7 The terms
set forth in these Terms of Service and any agreements and policies included or
referred to in these Terms of Service constitute the entire agreement and
understanding of the parties with respect to the Services and the Site and
supersede any previous agreement or understanding between the parties in
relation to such subject matter. The parties also hereby exclude all implied
terms in fact. In entering into the agreement formed by these Terms of Service,
the parties have not relied on any statement, representation, warranty,
understanding, undertaking, promise or assurance of any person other than as
expressly set out in these Terms of Service. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this
Section it might otherwise have had in relation to any of the foregoing. These
Terms of Service may not be contradicted, explained or supplemented by evidence
of any prior agreement, any contemporaneous oral agreement or any consistent
additional terms.
28.8 You agree to
comply with all applicable laws, statutes, regulations and codes relating to
anti-bribery and corruption including without limitation the UK Bribery Act,
the US Foreign Corrupt Practices Act and the Myanmar Prevention of Corruption Act and confirm that you have and shall have in
place all policies and procedures needed to ensure compliance with such
requirements.
28.9 If you have any questions or concerns about these Terms of Service or
any issues raised in these Terms of Service or on the Site, please contacts us
at: [email protected] LEGAL NOTICES: Please send all legal notices
to : [email protected] and a copy to [email protected] Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT
WITH FACEBOOK” BUTTON BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL
SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED
MY NAME MANUALLY.
Last Updated: 28 June 2021