Terms and Conditions

Welcome to swot.com.my!

These terms and conditions outline the rules and regulations for the use of (SWOT) WGA Marketing Sdn Bhd’s Website, located at swot.com.my.

By accessing this website we assume you accept these terms and conditions. Do not continue to use swot.com.my if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Service Render

Once our services are engaged, the client has agreed to the terms of our services as stated below:

  1. Website & Customize application development
    – Websites hosted under third party hosting or servers, website warranty, edits and support only will be provided up to 30 days upon the website going live unless agreed to a different time frame before starting.
    – We are not liable to any damage or error caused by a third party to the hosting, plugin, template, software or any similar items
    –  Source code of website or application will only be provided after a full payment of the project has been made.
    – We reserve the right to use plugins we see fitting to the requirements of your project.
    – Any website materials that are not prepared in our standard guideline could delay our delivery time.
    – Delivery time frame of any new or special request to the design or function of the website will not follow our standard delivery time frame of two weeks. A new delivery time frame will be advised by our consultant.
    – Templated website services have limited function and flexibility.
    – Our stock photos are subject to availability of our prescribed photo bank with reasonable request only.
    – Any website that is not live within a year is still subject to our hosting and domain renewal fees and we reserve the right to suspend or remove the service.
    – Minor amendments such as text and photo replacement will take up to 1 to 3 working days, or follow the timeframe given by our consultant.
    – We will not reserve any backup file for a website maintenance tutorial after it has been sent to the client. Any request for previously provided files shall be subject to additional charges.
    -Support and maintenance of the website (editing text, replacing images etc) will be deemed void if website has been self edited or modified above 30% the original.
  2. Whatsapp Blaster
    -Your recipients will receive random numbers from our server.
    -You will not be able to reply to the message. However, we do recommend you insert a link so that your recipients can contact you back.
    – You or your business is bound to PDPA for exposing your mobile numbers to our company by uploading them to our server. Under no circumstances, we will use your company properties such as your list of mobile numbers for any reason.
    – All WhatsApp campaigns will take 24 hours to complete their blasting process.
    – All credit refunds will take another 24 hours after the WhatsApp campaign has been completed.
  3. Hosting & Domain
    – We are not liable for any missing email or web content while migrating from a third party hosting to ours after advice by our consultant.
    – We reserve the right to suspend or remove a client’s hosting if renewal has not been made within 30 days of invoice date.
    – We are not liable for any domain that is purchased by others after the domain has not been renewed according to our renewal notice.
    – If a client opts to get a domain on their own, the maximum deduction for domain renewal will be RM50.00 only.
  4. Google & Social Media Management
    – Results will be in accordance to package KPI or what was pre agreed.
    – Artwork and design will take up to 7days for the first draft
    – Edits to artwork and FB post content must be made before post is published
    – There will be no refunds if project is cancelled while in progress
    – Refunds are not applicable for projects and ads halted by facebook due to facebook’s ever growing and changing policies.
  5. Graphical work
    – We will not store any source file or graphical work after files have been sent to the client.
  6. Customer Support
    – Standard response time for Whatsapp or email will be within 24 hours.
    – Phone calls will only be serviced during working hours 9.00 a.m. to 6.00 p.m., Monday to Friday, except public holidays.
    – Phone call support are phone numbers that are listed on our primary website (swot.com.my) only. 

Cookies

We employ the use of cookies. By accessing swot.com.my, you agreed to use cookies in agreement with the WGA Marketing Sdn Bhd’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, WGA Marketing Sdn Bhd and/or its licensors own the intellectual property rights for all material on swot.com.my. All intellectual property rights are reserved. You may access this from swot.com.my for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from swot.com.my
  • Sell, rent or sub-license material from swot.com.my
  • Reproduce, duplicate or copy material from swot.com.my
  • Redistribute content from swot.com.my

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. WGA Marketing Sdn Bhd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of WGA Marketing Sdn Bhd,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, WGA Marketing Sdn Bhd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

WGA Marketing Sdn Bhd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant WGA Marketing Sdn Bhd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of WGA Marketing Sdn Bhd; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to WGA Marketing Sdn Bhd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of WGA Marketing Sdn Bhd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.