Swifty | Terms of Use

Terms of Use

*Last updated on 1st August 2022

Introduction

This Terms of Use Agreement is effective as of 1st January 2021. These Terms of Service ("Terms") govern your use of the websites, mobile applications and services (collectively, the "Services") provided by Swifty (as defined below).

General

These Terms apply to all Services' Users, including without limitation users who are sellers, buyers or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term "you" in this agreement shall mean the business entity on whose behalf you are using the Services unless the context does not permit.

These Terms are between you and Swifty Gigs Sdn. Bhd (1375398-X) or between you and any different service provider identified for a particular Service. For ease of reference, each of Swifty Gigs Sdn. Bhd (1375398-X) and its subsidiaries are referred to in these Terms as "Swifty". Using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein or available by hyperlink.

Swifty reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

Key Terms

You acknowledge that the Website and Mobile Application functions as an online platform for Service Users to connect with Service Professionals for the purposes of transacting to receive and provide Services, respectively. Swifty is not itself a Service Professional or a Service User. "Account" means a registered account which you may be required to create if you wish to access and utilize the full facilities and features of the Website and Mobile Application whether as a Service User or Service Professional;

"Buyers / Customers" are users who purchase services on Swifty.

"Swifty Balance" is the aggregated amount of your earning as a Seller or returned payments from cancelled orders as a Buyer.

"Listing / Gig" is where the seller can describe their service and the service's terms, and the Buyer can purchase the service and create an order.

"Order Page / Chat" is where Buyers and Sellers communicate with each other in connection with an ordered Service.

"Orders / Custom Order" is the formal agreement between a Buyer and Seller after a purchase was made from the Seller's Service Page.

"Payment Services Provider(s)" are service providers that provide payment services to Buyers and Sellers in connection with the Swifty platform, including to collection of funds from Buyers in connection with the purchase of Services, remittance and withdrawal of funds to Sellers in connection with completed Services, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Swifty Balances.

"Sellers / Professionals / Pro / Service Provider" are users who offer and perform services on Swifty.

"Service / Services / Gig" are services offered on Swifty.

"Users" refer to all who are using Swifty.

Use of the Services

Subject to your compliance with these Terms, Swifty grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

  • Upload any Content (as defined below) that violates or infringes another party's rights of publicity, privacy, copyright, trademark or any other intellectual property rights.
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the Services' integrity or performance.
  • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
  • Violate any applicable laws, rules or regulations within Malaysia or relevant countries connected with your access or use of the Services.
  • Use the Services in violation of or to circumvent any sanctions or embargo.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Swifty or its affiliates, partners, suppliers or licensors.
  • Use the Services for any purpose for which it is not designed or intended.
  • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Swifty.
  • Use any proprietary information or interfaces of Swifty or any other intellectual property of Swifty in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
  • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person's privacy, or racially, ethnically or otherwise objectionable.
  • Use the Services to send automated, unsolicited or unauthorized messages, advertising or promotional material or any junk mail, spam or chain letters.
  • Upload to, or transmit through the Services any data, file, software, or link containing or redirects to a virus, Trojan horse, worm, or other harmful components.
  • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services or any data or content found or access through the Services.
  • Collect any information in respect of other Users without their consent.
  • Commit any act to avoid paying any applicable fees or charges.
  • Attempt to or engage in any activity or act intended to abuse, abuses or inappropriately manipulates any promotion, campaign or discount codes offered through the Services. Such act and activities include but are not limited to creating fake or duplicate accounts, generating fake orders, buying and reselling your own services.
  • Authorize or encourage anyone to do any of the preceding.
  • List irrelevant services in categories that do not represent your listing.

Swifty reserves the right to claw back any cashback, prizes or amounts paid to you under any event, promotion, offers, campaign and any other activities or terminates or suspend your account if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

Swifty may also look to the legal system to hold the Users liable for the breach's consequences. Suppose you are subsequently found or suspected to be engaged in any activity or act in breach of these Terms. In that case, our guidelines, any additional terms and conditions and policies, Swifty reserves the right to take legal actions and pursue any other legal rights available to us in addition to our right to terminate your access to our platform or terminate or suspend your account without further notice or warning at any time.

Swifty also reserves the right to claw back any cashback, prizes, or amounts paid to you under any event, promotion, offers, campaign, and other activities.

Account

You would need to have an account with Swifty ("Account") to use some parts of the Services. When you create an Account, you represent and warrant that:

  • If you are an individual, you are at least 16 years of age.
  • If you are representing a company, organization or any other legal entity ("Entity"), you have authority to bind the entity to these Terms.
  • You are capable of entering into and performing legally binding contracts under any applicable Malaysian law.
  • All information which you provide is accurate, up to date, truthful and complete. If you are under 16 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian, who shall be responsible for all your activities.

You are responsible for all activities and transactions under your account. We will not be liable in any way if your password or account are misappropriated or used by a third party. You, therefore, agree to:

  • Keep your password secure.
  • Never share your OTP verification with anyone, including Swifty.
  • Keep your account information up to date at all times.

Comply with Swifty's Privacy Policy and Community Guidelines (which form a part of these Terms) and all applicable laws concerning your activities and the content you upload to the Services.

Unless expressly permitted by Swifty and subject to these Terms and any other additional terms as Swifty determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's account without their permission.

Swifty Guarantee

We share our pros' commitment to delivering exceptional customer experiences. That's why Swifty offers a protection policy for you as soon as you hire a pro. We securely hold your payment in a secure global payment gateway, Stripe. It will only be released when work is satisfactorily completed to ensure that both parties comply with the agreement.

The Swifty Guarantee is a protection policy for all orders made on the Swifty platform. It covers the following:

Refund Guarantee: Get your money back if your payment is made via Swifty and the seller fails to deliver your order as requested by you.

Re-service: Get a re-service instead of a refund, so you wouldn't need to search for another seller.

Quality Assurance: Pay the balance owed (if any) only when you receive a satisfactory quality of work.

Customer Support: Proactive support assistance every step of the way.

Secure Payment: All purchases are made through a secure global third-party service provider, Stripe with no payment processing fee imposed to customers or sellers.

Purchase with peace of mind with payment security, and guaranteed satisfaction. To be eligible for Swifty Guarantee, users must request, book and pay for the service rendered via Swifty. Any risks or loss that occurred from transactions made outside of Swifty will not be liable for Swifty Guarantee.

Our Swifty Guarantee is valid when:

  • Sellers violate the engagement terms that were initially agreed upon, such as not following the project details given, failing to submit within the dateline set or alike.
  • Sellers are uncontactable or unreachable after placing an order.
  • Sellers fail to deliver quality work as advertised

However, Swifty Guarantee is invalid when:

  • Buyer violates the engagement terms that were initially agreed upon
  • Buyer violates our Terms of Service
  • Buyer has confirmed the seller's submission, and the order status is 'Completed.'
  • Payment transactions is made outside of Swifty (Not made via Swifty's in-app quote or Payment Links)

Verified Pros

Every seller on Swifty has gone through a series of stringent quality standards to ensure that quality work performance is delivered to you.

Job Progress

Get in touch with your Pros to communicate your expectations to ensure quality delivery. Once the work is completed, you may leave ratings and reviews for your Pros.

Support Team

We have a proactive team ready to assist you with your queries. Feel free to reach out to us regarding these issues:

  • Chat with us using Swifty's in-app or website live chat
  • Email: hello@swifty.com

The Swifty Guarantee does not apply to any other cost, liability, damage, injury or claim of any kind arising from or connected with the service performed by the pros. For clarity, the Swifty Guarantee only applies to Service fees or labour cost. It does not apply to government taxes and any payments made for goods, items, materials and solely applies to payments made for the pro to perform the service.

Provision of this re-service is a discretionary and gratuitous gesture of goodwill on the part of Swifty. It does not in any way, create any liability towards the performance of Services rendered by the pro.

Payments & Fees

Buyers Payment Method
Swifty currently allows payment using credit/debit card, FPX and Grabpay in Malaysia. All payments are performed in a secure global third party gateway, Stripe.

Credit/debit card payment
You can make purchases using any major credit/debit card on Swifty. Note: Every card saved for the first time will be set as the default card for payment. This would allow you to check out faster without having to enter your credentials every time. You can remove or make changes to your default card for payment during the checkout process. Swifty takes no responsibility and assumes no liability for any loss arising from the user's incorrect payment information.

Seller Payout
Swifty uses a third party payment gateway - Stripe - to store each seller's earning. All Sellers would be able to see their withdrawable earnings in their respective Swifty Wallet, available in the dashboard and may request for a withdrawal with no minimum amount anytime the seller wishes to withdraw.

All sellers would need to ensure the bank details (name) provided by them match either the Full name or company name provided when completing their profile. Swifty will have the right in refusing to process earnings should no bank details are provided, bank name doesn't match or incorrect bank information until the matter is fixed by the seller themself.

Sellers would also take responsibility in ensuring all bank information provided to Swifty is correct and truthful and is not doing any illegal activities under Malaysian AMLA, for example. Should the seller provide incorrect bank information and the earning has already been transferred, Swifty will not be liable should the wrong recipient refuse to refund the amount transferred.

Transaction Fees for Sellers
Listing a service on Swifty requires a subscription (as low as RM 29.90 per month). For every successful transaction on Swifty, sellers will be charged a 0% transaction fee. This allows Swifty to continue enhancing features, better support Sellers in acquiring more Buyers with the marketing investment and bring Swifty more in line with the competitors.

*Fee is calculated based on the final job value set by the seller. Any discount codes utilized by customers that are offered by Swifty will not impact the total earnings of sellers. Swifty will only top up the customer's discount value to the seller if Swifty provides the discount either from referrals, campaigns or alike or and not discounts issued by the sellers themself.

Example 1: Ahmad listed his cleaning service for RM 120, while John listed his photography service for RM 790. When an order is completed, Ahmad will earn RM 120 - RM 24 (20% Swifty fee) = RM 96 while John will earn RM 790 - RM 79 (10% Swifty fee) = RM 711

Example 2: If Ahmad listed his service for RM 120, but a customer used a discount code of RM 30 and paid only RM 90 for the order, Swifty will top up the discounted price of RM 30 and pay Ahmad RM 96 (after deducting Swifty's fee) as usual.

Refund & Cancellation

Your eligibility to get a refund are Based on the customer's and seller's order status.

For customers:

  • If a customer has placed an order but the seller did not accept the order, the customer will be entitled to a 100% refund of the amount paid for the order.
  • Suppose a customer requests a refund when the job has been accepted by the seller and is on-going. In that case, the customer should provide a valid reason for cancellation in the cancellation tab, and the total refund amount is decided by the seller himself based on (time and cost spent). Should the customer accept the seller's refund amount, the cancellation request will be processed and solved. Otherwise, the customer may file a dispute with Swifty (live chat) should the amount is unsatisfactory or if received no response from the seller. Swifty will intervene to solve the dispute and total refund amount. Any decision made by Swifty is final and not negotiable.
  • Any orders marked as completed by the customer will be considered final and will no longer be applicable for refund.

For sellers:

  • If a seller has accepted an order but the seller decided to cancel the order due to unforeseen circumstances, the customer will be entitled to a 100% refund.
  • Suppose a customer requested a refund after you have begun working on a job and spend a relative amount of time and money working on the job. In that case, you will set the amount Swifty should refund to the customer, and the remaining balance will be marked as your earnings. Subject to alteration should a dispute arise from the customer and Swifty will intervene to solve the dispute and total refund amount. Any decision made by Swifty is final and not negotiable.
  • Any orders marked as completed by the customer will be considered final and will no longer be applicable for refund.

Note: Depending on your payment method, it may take up to 7 business days for your refund to be reflected in your bank statement. For GrabPay payments, your refund may be refunded into your GrabPay wallet, and for credit/debit card, the total amount paid may be reversed instead.

Making Initial Payments(due now) and Remaining Payments(Balance Left)-For Customers

Each service on Swifty is listed based on one of three payment options which determine how much initial payment a customer has to pay when placing an order.

Custom Deposit Required
Customers would need to pay an upfront deposit of between 10-70% depending on the amount set by the seller and pay the balance owed when the order is complete.

100% Upfront Payment
Customers would need to pay the full job value to place an order and will no longer be required to pay any balance owed when the order is complete.

Note: Before placing an order, the customer agrees that any balanced owed to the seller should be paid within the Swifty app when the order has complete. Failure to do so, the customer agrees that Swifty may intervene and proceed with legal or police actions to demand the customer to pay off the balance due while suspending or terminating the customer's Swifty account.

Selecting Payment Options and Requesting Payments from Customers (For sellers)

If a seller has listed their service payment requirement as no deposit required, it means that a customer does not need to pay an initial deposit to hire the seller for that service. The customer would only pay the full job value when an order is marked as complete. While this may increase a seller's potential leads, it is considered a high-risk option, and Swifty would not be liable should the customer refuse to pay or went missing after a job is on-going. Any cost spent by the seller is borne by the seller themself. The seller should understand the risk involved and only offer the 'No Deposit Required' option at their own risk and due diligence.

If a seller has chosen a custom minimum deposit required payment option, the seller may want to consider putting a lower percentage of deposit to attract more customers while at the same time covering potential loss should the customer refused to pay the remaining balance. Otherwise, the seller may put a higher minimum deposit percentage if your service requires a higher guarantee and upfront cost.

The final option would be for seller to select the 100% full payment upfront. While this option securely covers your loss should the customer refuse to pay, you may want to consider this option thoroughly if the customer is willing to pay a full amount before an order is complete.

It is Swifty's responsibility to remind customers to pay the remaining owed, but should the customer refuse to pay or went missing after continuous reminders, Swifty will proceed to take action on the customer such as suspending or banning their account, legal actions if applicable, and only the total amount paid for the order will be transferred to the seller after deducting Swifty's fee.

All sellers should plan their payment options carefully based on their risk level and financial status before selecting the payment option for each uploaded service. To further protect all sellers, Swifty recommends all sellers only to only send the completed job to the customers once their customers have paid the remaining balance owed.

Swifty is a Platform

The Services provide a platform for Customers and Sellers to interact with each other and to buy and sell services. Swifty does not pre-screen a user or the content provided by Users other than basic ID verification, nor is Swifty directly involved in transactions between Users. Consequently, Swifty has no control over, and you agree that Swifty is not responsible or liable for, any of the following:

  • The quality, safety, morality or legality of any aspect of the services listed.
  • The truth or accuracy of the service listings, Sellers' ability to sell services or the ability of Buyers to pay for services.
  • The true identity, age, nationality, or sense of humour of a user.
  • Any Content posted by Users.

While Swifty endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other Users is entirely at your own risk.

Warranty

You acknowledge and agree that the Services are provided on an "as is" and "as available" basis and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

Swifty does not represent or warrant that:

  • The Services' use will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data.
  • The Services will meet your requirements or expectations.
  • Errors or defects in the Services will be corrected.
  • The Services and Swifty' servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Swifty is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

Whether oral or written, no advice or information obtained by you from Swifty or the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Swifty has no obligation to support or maintain the Services.

Swifty disclaims all liability or responsibility concerning the content made available through the Services, including but not limited to the content uploaded by Users or the third party content and services. Swifty is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

The Services may promote, advertise or sponsor functions, events, offers, competitions, or other activities that may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Swifty does not accept any responsibility in connection with your participation in activities conducted by any other party.

Disputes

Your interactions with other users, whether individuals, companies or organizations and whether Service Professional or Service Users, found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user.

You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such a third party or user for any purpose whatsoever. You understand and acknowledge that deciding whether to:

  • use the Services of a Service Professional
  • provide Services to a Service User; or
  • use information contained in any Submitted Content

is your personal decision, for which you alone are responsible. You understand that Swifty does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Website or the accuracy or usefulness of any advice, information, or recommendations made by any user.

In the event of any dispute between you and a Service User, Service Professional or any other third party or user in relation to the Website and Mobile Application, such dispute shall be resolved between you and such Service User, Service Professional or any third party or user, and Swifty shall not have or hold any responsibility, liability or obligation in relation thereof.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SWIFTY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS ON THE WEBSITE, OR BETWEEN USERS, ANY THIRD PARTY, YOU ACKNOWLEDGE and AGREE THAT SWIFTY IS UNDER NO OBLIGATION TO BE INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE SWIFTY, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES or THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

Advertisements and Third-Party Links

Swifty does not share any of your sensitive personal data such as your IC or Passport to any third parties unless required by local law jurisdictions. Aspects of the Website, Mobile Application, and other Swifty services may be supported by advertising revenue. As such, Swifty may display advertisements and promotions on the service. The manner, mode and extent of advertising by Swifty on the Website and Mobile Application are subject to change, and the appearance of advertisements on the Website does not necessarily imply endorsement by Swifty of any advertised products or services.

You agree that Swifty shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

The Website and Mobile Application may provide, or third parties may provide, links, contact forms to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you can log into the Website using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that Swifty is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Swifty's endorsement of such third-party sites or any product or service offered through them. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent we provide such links, they are provided only as a convenience. A third-party website link does not imply our endorsement, adoption or sponsorship of, or affiliation with, such a third-party Website.

You further acknowledge and agree that Swifty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, product, goods, or services available on or through any such website or resource. Once you leave our Website, these Terms and Conditions no longer govern you, and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website, and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than Swifty are solely between you and such a third party. Any complaints, concerns, or questions you have relating to third parties' materials should be forwarded directly to the applicable third party.

Not Party / No Agency or Partnership

You hereby acknowledge and agree that Swifty is not a party to any oral or written agreement for service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Website and Mobile Application.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service or your use of any part of the Website. You do not have any authority whatsoever to bind Swifty in any respect. All Service Professionals are independent of Swifty. Neither Swifty nor any users of the Website and Mobile Application may direct or control the other's day-to-day activities or create or assume any obligation on behalf of the other.

Usage Of your Uploaded Services on Swifty

When you upload your services on Swifty, you give Swifty the permission to share you copyrighted or non-copyrighted images, text or alike solely for our marketing purposes for social media, partnerships and alike. Swifty will never share your sensitive personal data to any third parties be it for monetary terms of business strategies.

Entire Terms

The Terms of Service, together with the Privacy Policy and any other legal notices or Additional Policies published by Swifty on the Website, shall constitute the entire agreement between you and Swifty concerning the Website. Suppose any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction. In that case, such provision's invalidity shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

Governing Law

Malaysia's laws shall govern these Terms of Service, and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.