Swingpad Sdn Bhd (xxxxx-X)
Welcome to Swingpad. Please read through our Service Terms and Conditions carefully before placing your order.
Swingpad provides the information contained in the following pages comprising the website, www.mstgolf.com (“Website”) and advertises and sells the products to you, subject to the terms and conditions set out herein (“the terms”) unless otherwise stated. For the purposes of these terms, “product(s)” means those items offered for sale by Swingpad or the services made available from time to time via the Website. The words “we”, “us” and “Swingpad” mean Swingpad Sdn Bhd. The term “you” and “your” refer to customers and public.
By accessing and/or using the Website, you agree to be bound by the terms. Swingpad may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the Website. Each time you access the Website and/or use the services offered via the Website, you agree to be bound by the terms, as may be modified from time to time.
- Content of the Website
Whilst every effort is made to update the information provided on this Website on a regular basis, Swingpad makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time. Swingpad reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.
- Access Codes
Before purchasing any products via the Website, you will be obliged to enter your user name or personal ID number (“ID”) and personal password (“password”) or other unique identifying information. Jointly we refer to the ID and password and other unique identifying information as your “Access Codes”. You undertake to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorized access to or use of your Access Codes. On receipt of such communication, Swingpad reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by Swingpad and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorized by Swingpad. Swingpad may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately and without delay.
4.1 You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to Swingpad electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Swingpad and you will be bound by such instruction with no liability of whatever nature attaching to Swingpad in regard thereto.
4.2 You waive any rights that you may have or obtain against Swingpad arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Swingpad acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Swingpad against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Swingpad has acted on your instructions/orders or instructions/orders which purported to emanate from you.
- Price, Orders, and confirmation
5.1 Prices and availability of the Product(s) may be changed at any time without notice.
5.2 The prices shown are only applicable to purchases made via this Website at the time you place your order. Special Offers and promotions advertised in the press or other media may be excluded unless specifically advertised as available online. (Management reserves the right to exclude or limit products made available on the Website at any given time)
5.3 All prices are correct at time of display online. In the unlikely event of an administrative error resulting in an incorrect price being displayed, we reserve the right to correct the price. In these circumstances, you will not be bound to continue with your purchase, and will be asked to email us to confirm that you wish to proceed at the corrected price.
5.4 The advertising of products via the Website merely constitutes an invitation by Swingpad for you to make an offer to purchase product(s) and we remain entitled to reject any order without giving reasons therefore. As erroneous or outdated prices may be displayed on this Website from time to time, you agree that we will not be obligated to sell a product at such an erroneous price.
5.5 Once you have selected the product you wish to purchase and submitted your order to Swingpad, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “purchase” or similar “final submit” button during the checkout process, you are deemed to have submitted an offer to purchase the product/s selected by you (“order”) and the order cannot be withdrawn by you unless expressly agreed to by Swingpad.
5.6 Swingpad reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by Swingpad to process the order) will be sent to you once we receive your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations.
5.7 Please DO NOT resend your instruction (resubmit your order) if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable. Please note that a transaction will only be deemed to have been concluded once the product/service in question has been delivered/collected in accordance with the selected delivery option or agreed process. Delivery times are estimates only and we are not liable for any late deliveries.
5.8 A pre-order is not a completed or confirmed order. Although every effort will be made to source the requested product, we cannot guarantee the availability of any product. We also reserve the right to decline any pre-order without reason. Once in receipt of a pre-order we will reserve the product for purchase by you subject to stock availability. Final pricing of pre-ordered product(s) may vary from the price displayed at the time the pre-order was placed. All pre-orders will be confirmed with you telephonically or via email.
5.9 A product request is not an order. Although every effort will be made to source the requested product, we cannot guarantee the availability or existence of any product. We also reserve the right to decline any product request. Once in receipt of a product request we will contact the relevant supplier to establish stock availability and pricing. All product requests will be confirmed with you telephonically or via email.
5.10 Any applications which you submit to us via the Website will be subject to our normal approval processes and procedures. We reserve the right to withhold approval at our sole discretion. We reserve the right to verify the identity of any purchaser or the payment method used. This may require you being required to, inter alia, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason.
6.1 All orders shall be executed within the time period notified therefor by Swingpad.
6.2 Delivery of the product(s) shall be made to the address with a valid postcode specified by you in its order within Malaysia via the local carrier provider.
6.3 Deliveries will be done on business days, not on weekends or public holidays.
6.4 Deliveries outside Malaysia shall carry an additional delivery charge, and a slightly longer delivery time should be expected. Swingpad will advise if there are any additional carriage charges to your confirmed order once it had been received by us for processing. You shall bear all country, provincial, state, local government sales, goods and services or value added taxes, customs duties, import, excise, and similar taxes or fees and shall be responsible for assuring that the Product(s) can be lawfully imported and complies with all laws and regulations of the destination country. In these circumstances, you will not be bound to continue with your purchase, and will be asked to email us to confirm that you wish to proceed.
6.5 Swingpad shall notify you should any product(s) be unavailable for any reason whatever. For information on guarantees applicable to product(s) purchased by you, please see our warranties / guarantee policy. You accept that the display of products is not necessarily a guarantee that a product is available.
For more information on deliveries please click here.
We accept payment via a payment gateway provider namely iPay88. Goods will only be released once payment has been received by us in full.
7.1 By selecting the “Submit My Order” button, you will be guided to the payment gateway page and you can complete your payment via a secured credit card transaction. Please take note that additional charges may be incurred if you are using a non-Malaysian issued card due to Foreign Exchange.
- Cooling off period and Returns
Please refer to the return policy, which sets out our policy regarding returns or products. If you have effected payment prior to exercising your right to return the product(s), Swingpad will refund you the full purchase price thereof in the form of a credit on your user profile on the website, less any direct costs incurred by MST Golf in returning such goods.
For more information on Cooling Off Period and Returns, please click here.
- Privacy and Security
All personal information obtained by Swingpad by virtue of your use of this Website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Swingpad to protect information transmitted via the Website are also set out in the privacy and security policy.
For more information on Privacy and Security, please click here.
- Copyright and Intellectual Property Rights
10.1 Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this Website (collectively “the materials”) are owned by Swingpad or alternatively, Swingpad is the lawful user thereof and the entire materials of this Website is protected by both Malaysian and international intellectual property laws.
10.2 Any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights, save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering product(s) from Swingpad.
10.3 The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of Swingpad. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of the Swingpad.
- External links
External links may be provided for your convenience, but they are beyond the control of Swingpad and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Swingpad.
- Unlawful use
You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Swingpad against any loss, liability, damage or expense of whatever nature which Swingpad or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.
- Disclaimer of Warranties and Limitation of Liability
13.1 Save as set out in the terms, Swingpad makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website, all information, content, materials and product(s) included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis, unless otherwise specified in writing.
13.2 By accessing the Website, you warrant and represent to Swingpad that you are legally entitled to do so, to purchase any of the products offered for sale via the Website. You also hereby affirm and acknowledge that you are at least 18 years of age and have legal right and ability to enter into this agreement with Swingpad and to use any debit or credit card or any other online payment gateway used to purchase the Product(s). You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. You expressly agree that your use of this Website is at your sole risk.
13.3 To the full extent permissible by applicable law, Swingpad disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
13.4 Swingpad does not warrant that this Website, information, content, materials, product included on or otherwise made available to you through this Website; its servers, or email send from Swingpad are free of viruses or other harmful components. Swingpad will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages; unless otherwise specified in writing.
13.5 Neither Swingpad nor its directors, officers, employees, agents, licensors, and suppliers, shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the product(s).
13.6 Without limiting the generality of the aforegoing, neither Swingpad nor its directors, nor any party involved in creating, producing or delivering the Website, or any website linked to or from the Website, are liable for any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability of the Website. Swingpad shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
13.7 Any services performances or delivery times stated by Swingpad in the contracts are approximate only and Swingpad shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response or delivery times.
13.8 Swingpad total liability herein in respect of any and all claims for defective performance, breach of contract, tort (including, but not limited to, negligence), and any other damages or losses which may arise under the contract, shall not exceed the total price paid for the purchase of product(s) and/or services under these Terms and Conditions.
13.9 Swingpad does not provide any warranty for the Products. Any warranty in relation to the Products, if provided shall be from the manufacturer. For Products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available. Product manuals, instructions and safety warnings may not be in destination country languages; the Product (and accompanying material) may not be designated in accordance with destination country standards, specifications, and labeling requirements. You are responsible for assuring that the Product(s) can be lawfully imported into the destination country.
You hereby agree to fully indemnify Swingpad or its directors, officers, employees, agents, licensors, and suppliers, from and against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, Swingpad shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the Website and/or your use of the product(s).
- Use of the Website
Swingpad does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Swingpad that you are legally entitled to do so and to make use of information and purchase the products made available via the Website.
Swingpad reserves the right, in its sole discretion at any time to suspend or terminate the operation of this Website without prior notice to you and without the need to give you reasons for such termination.
17.1 Governing Law and Jurisdiction – These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to exclusive jurisdiction of the courts of Malaysia for the resolution of any disputes, arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith. All dealings, correspondence and contact between Swingpad and you shall be made or conducted in the English language.
17.2 Severability – All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
17.3 Waiver – Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and Swingpad in relation to your use of this Website. No indulgence or extension of time which either you or Swingpad may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
17.4 Assignment – Swingpad shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
17.5 Force Majeure – Should Swingpad be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Swingpad is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen (14) days after it has first occurred then Swingpad shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
17.6 Risk of Loss: All items purchased from Swingpad are made pursuant to a shipment contract. Risk in the goods will pass to you on delivery. Delivery is deemed to have taken place once a signature has been received accepting such delivery.
17.7 Arbitration – Any claim or dispute arising out of or relating to these Terms and Conditions with the use of the Website or to the Product(s) you purchase through this Website which cannot be resolved by good faith negotiations shall be referred to mediation or to confidential arbitration in Malaysia. Notwithstanding the foregoing, Swingpad reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of Malaysia Arbitration Council.
17.8 Formation of Contract – No contract shall come into existence until we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Swingpad on delivery/collection of the product or service. You warrant that it is buying for its own internal use only and not for re-sale purposes
- Enquiries and Complaints
If you have any questions about this Website or the Terms and Conditions or in the event that you wish to make a complaint regarding this Website (or content residing within it), then please contact us. The contact details are:
Swingpad Sdn. Bhd.
Tel: +603 xxxx xxxx
Email: [email protected]