Please read these terms of use carefully.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

Terms of use

Effective Date: December 1, 2016

To review material modifications and their effective dates scroll to the bottom of the page. 

1.      Parties. The parties to these Terms of Use are you, and the owner of this swancount.com website business. All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Swan Cloud Accounting. 

2.      Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE. 

3.      Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors. 

4.      How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. 

5.      Using Accounts. Information used to register and create user accounts must be accurate, complete, and current at all times. Failure to do such may result in immediate suspension of your account on our site. You are responsible for safeguarding the password used to access your account on the site and any of its services and for any activities or actions under your password. Registering for and using an account is free but may entail performance and procedural limitations that may including processing time and advertising by third parties. The site may furthermore provide options to remove such limitations and or grant additional features via various payment schemes that may be made available on the site itself.

6.      Fee Changes And Refunds. We reserve the right to modify whatever prices for whatever payment schemes may be made available on the site provided reasonable notice to be given. All fees paid are not refundable. 

7.      Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page. 

8.      Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content. 

9.      Ownership. The material provided on this site is protected by law, including, but not limited to, Malaysian copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved. 

10. The Consumer Protection (Electronic Trade Transactions) Regulations 2012. As required by the Consumer Protection (Electronic Trade Transactions) Regulations 2012, please find the following:

Swan Cloud Accounting Administration

Company email:                                          support@swancount.com

Description of service:                                On line accounting software as a service (SaaS)

Full price of services:                                  information available on website

Method of payment:                                   information available on website

Time of delivery of services:                       not more than 24-hours after acknowledgement of cleared payment

11. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

12. Limitation Of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

13. Links To This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent. 

14. Links To Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy. 

15. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser. 

16. Legal Jurisdiction And Venue. The courts of Malaysia shall be the exclusive jurisdiction and venue for all legal proceedings arising under these Terms of Use.  This Agreement shall be construed under the laws of the Malaysia. 

17. Onward Transfer Of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers or those of our appointment located within Malaysia or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location. 

18. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. 

19. Support For FREE FOR LIFE Accounts. NO support is provided for FREE FOR LIFE accounts and/or accounts without paid upgrades. For further information or explanation please refer to the ‘user guide’ link within the Swan Cloud Accounting application.

20. Payment For Upgraded Accounts. By paying for any one of the available options on the site, users will receive upgraded accounts including any and all features associated with upgrade status. Payments for upgraded accounts once made are NOT refundable.

21. Support For Upgraded Accounts. Upgraded accounts qualify for direct email support throughout the duration of the account upgrade.  Response for email support will be within 48 hours excluding non-working days (Saturday, Sunday and Public Holidays).

22. Expiry Of Upgrade Accounts. Upon expiry of any upgrade duration corresponding to an upgraded account, a Swan account, without notice, will revert to FREE FOR LIFE status including any and all restrictions and limitations associated with FREE FOR LIFE status. Any transactions performed within any upgrade duration that is within a calendar month WILL STILL COUNT towards the FREE FOR LIFE per month transaction limit in the event said upgraded account expires within that calendar month and reverts to FREE FOR LIFE status.

23. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

24. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page. (Click Here)