1. Acceptance of Terms
Welcome to SWIFTLINK. These Terms of Service form a legally binding agreement between you and MAPLE WEST LIMITED, a company incorporated in Hong Kong and located at Terminal, 4 Container Port Rd S, Kwai Chung, Hong Kong (HK). MAPLE WEST LIMITED operates the SWIFTLINK website and the computer systems design, consulting and logistics technology services described on it.
By accessing or using our website, contacting us, or engaging any of our services, you confirm that you have read, understood and agreed to be bound by these Terms of Service and by our Privacy Policy. If you do not agree with any part of these terms, you must not access the website or use our services.
These terms may apply to you individually, or on behalf of a business or organization you represent. If you are using our services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these terms.
2. Definitions
For the purposes of these Terms of Service, the following definitions apply.
- Company refers to MAPLE WEST LIMITED, the operator of SWIFTLINK.
- Services refers to the website, software, systems design, consulting and related offerings provided by the Company.
- User or you refers to any individual or entity that accesses or uses the Services.
- Content refers to any text, data, information, software, graphics or other material available on or through the Services.
- Agreement refers to these Terms of Service together with the Privacy Policy and any other terms incorporated by reference.
Any capitalized terms not defined in this section have the meaning given to them elsewhere in these terms. In the event of any inconsistency between these definitions and the rest of the terms, the specific provision in context prevails.
3. Description of Services
SWIFTLINK provides computer systems design and related professional, scientific and technical services focused on container terminals, freight forwarding and global logistics operations. Our services include, but are not limited to, the design and integration of terminal operating systems, yard and gate visibility tools, vessel and berth scheduling, customs and documentation workflows, and end-to-end shipment tracking.
The specific features, scope and deliverables of any engagement are defined in a separate written agreement between you and the Company. Nothing on this website constitutes an offer to provide services that is binding on the Company until such an agreement is executed by both parties.
We may modify, enhance or discontinue any part of the Services at any time at our discretion. We will use reasonable efforts to provide notice of material changes, but we are not liable for any modification, suspension or discontinuation of the Services.
The Company may engage subcontractors or affiliated providers to deliver parts of the Services. Where subcontractors are used, the Company remains responsible for their performance to the same standard set out in these terms and in any separate agreement between you and the Company.
4. Eligibility
To use our Services, you must be at least 16 years old, or the age of majority in your jurisdiction, whichever is higher. By using the Services, you represent and warrant that you meet this eligibility requirement and that you have the legal capacity to enter into a binding agreement.
Our Services are intended primarily for business and professional users. We do not knowingly provide services to individuals who do not meet the eligibility requirements. If you are under the required age, you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these terms.
We reserve the right to refuse service to anyone for any lawful reason, including where we determine that a user has violated these terms or poses a risk to the security or integrity of our systems.
5. Accounts and Responsibilities
Certain features of our Services may require you to create an account or provide contact and business information. You agree to provide accurate, current and complete information and to keep that information up to date. You are solely responsible for all activity that occurs under your account.
You must keep your account credentials confidential and must not share them with any third party. If you become aware of any unauthorized use of your account or any other security breach, you must notify us immediately. We are not responsible for any loss or damage arising from your failure to protect your account credentials.
You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations and industry standards in the jurisdictions where you operate.
If you provide any information to us that is inaccurate, incomplete or out of date, and that inaccuracy causes a delay, error or loss, you remain responsible for the consequences. You may update or correct your information at any time by contacting us using the details provided at the end of these terms.
6. Acceptable Use
You agree to use the Services only for lawful purposes and in a manner consistent with these terms. You must not use the Services in any way that could damage, disable, overburden or impair the Services or interfere with other users.
You agree not to engage in any of the following prohibited activities:
- Attempting to gain unauthorized access to any part of the Services, other accounts or computer systems.
- Uploading or transmitting malware, viruses or any other malicious code.
- Using automated means such as scrapers or bots in a manner that disrupts the Services.
- Infringing the intellectual property, privacy or other rights of any third party.
- Engaging in any fraudulent, deceptive or unlawful activity.
- Interfering with the proper functioning of the Services or their underlying infrastructure.
We reserve the right to investigate violations of this section and to take appropriate action, including suspending or terminating access and cooperating with law enforcement where necessary.
You agree not to remove, obscure or alter any proprietary notices or labels contained in the Services, and not to reverse engineer, decompile or disassemble any software provided to you except to the extent such activity is expressly permitted by applicable law.
7. Intellectual Property
All content on the SWIFTLINK website, including text, graphics, logos, icons, software, designs and the overall look and feel of the site, is the property of MAPLE WEST LIMITED or its licensors and is protected by applicable intellectual property laws. Nothing in these terms grants you any right, title or interest in that content other than a limited, revocable license to access and use the website for its intended purpose.
You may not copy, reproduce, distribute, modify, create derivative works from, publicly display or otherwise exploit any content from the website without our prior written consent. Any software provided to you in connection with the Services remains the exclusive property of the Company or its licensors, subject to the terms of any separate license agreement.
If you believe that any content on our website infringes your intellectual property rights, please contact us with a detailed description of the alleged infringement so that we can investigate and respond appropriately.
8. Fees and Payment
Certain Services may be subject to fees, which will be described in a separate agreement, proposal or invoice. Unless otherwise stated, all fees are due in accordance with the payment terms set out in the applicable agreement and are exclusive of any applicable taxes, duties or levies, which you are responsible for paying.
We may change our fees from time to time. Any change to fees for existing services will be communicated to you in advance and will take effect at the start of the next billing cycle or as otherwise specified. Continued use of the Services after a fee change takes effect constitutes acceptance of the new fees.
If payment is not received by the due date, we may suspend or terminate your access to the Services and may charge interest on overdue amounts at the rate permitted by applicable law. You are responsible for providing accurate and current billing information.
Unless otherwise agreed in writing, all fees are non-refundable except where required by applicable law. Where a service is provided on a subscription basis, you may cancel a renewal by giving notice before the renewal date as specified in the applicable agreement.
9. Third Party Services
The Services may integrate with or link to third party applications, websites or services that are not owned or controlled by the Company. We do not endorse and are not responsible for the availability, accuracy, content or practices of any third party service.
Your use of any third party service is governed by the terms and conditions and privacy policies of that third party, and not by these terms. You should review those terms before using any third party service. We are not liable for any loss or damage arising from your use of third party services, whether or not they are linked from our website.
Where our Services rely on data or systems provided by third parties, we do not guarantee the accuracy, completeness or continued availability of such data or systems.
10. Disclaimers and Limitation of Liability
The Services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, secure or free of viruses or other harmful components, or that any defects will be corrected. You use the Services at your own risk and assume full responsibility for any consequences arising from such use.
To the maximum extent permitted by law, MAPLE WEST LIMITED, its officers, directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the Services, even if advised of the possibility of such damages. The aggregate liability of the Company shall not exceed the amount you paid to the Company for the Services during the twelve months preceding the event giving rise to liability.
11. Indemnification
You agree to indemnify, defend and hold harmless MAPLE WEST LIMITED and its officers, directors, employees, contractors and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of the Services, your violation of these terms, or your infringement of any third party rights.
This indemnification obligation survives the termination of these terms and your use of the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
This obligation applies whether the claim arises under contract, tort, statute or otherwise, and it extends to any claim brought by a third party that relates in any way to your conduct, your content or your use of the Services.
12. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including where we reasonably believe you have violated these terms or where continued provision of the Services is no longer commercially viable.
Upon termination, your right to access and use the Services will cease immediately. Provisions of these terms that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification and governing law, will continue to apply.
If you wish to terminate a specific service engagement, you may do so in accordance with the termination provisions set out in the applicable agreement. Termination of the website access described in these terms does not automatically terminate any separate written agreement between you and the Company.
Termination of these terms does not relieve you of any obligation to pay fees or other amounts that accrued before the date of termination.
13. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles. Any dispute arising out of or relating to these terms or the Services shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
Before initiating formal legal proceedings, we encourage you to contact us to seek an amicable resolution. We will make reasonable efforts to resolve disputes in good faith through informal discussion. Nothing in this section limits your rights under mandatory consumer protection laws that may apply in your jurisdiction.
If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No failure or delay by the Company to exercise any right under these terms will operate as a waiver of that right, and no single or partial exercise of any right will preclude any further exercise of that or any other right.
14. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, legal requirements or business practices. When we make changes, we will update the last updated date at the top of this page. Material changes will be highlighted through a notice on our website or by other appropriate means.
Your continued use of the Services after changes take effect constitutes acceptance of the updated terms. If you do not agree to the updated terms, you should stop using the Services. We encourage you to review these terms periodically.
Material changes will not apply retroactively to disputes or claims that arose before the change took effect, unless required by applicable law. If a change materially and adversely affects your use of a paid service, we will provide reasonable advance notice before the change becomes effective.
15. Contact Information
If you have any questions, comments or concerns regarding these Terms of Service, please contact us using the details below.
- Company: MAPLE WEST LIMITED
- Address: Terminal, 4 Container Port Rd S, Kwai Chung, Hong Kong (HK)
- Email: info@swiftlink.lol
- Phone: +12675456178
- Website: https://www.swiftlink.lol
We aim to respond to all enquiries promptly and to address any concerns in a fair and transparent manner. Thank you for using SWIFTLINK.