PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE PATTERN LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

• MEMBERSHIP ELIGIBILITY AND OVERVIEW

1.1. The SWAN Membership Program (“Program”) is offered at the sole discretion of HWA THONG BAG INDUSTRIES SDN BHD (“SWAN,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of Malaysia (including its territories and possessions) and at least 13 years or older and who provide and maintain a valid email address are eligible to become members. If you are between the age of 13 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 13.. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.

1.2. By joining the Program and becoming a Program member, you or your parent or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQS frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website PRIVACY POLICY and our website TERMS AND CONDITIONS, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS AND CONDITIONS, you cannot participate in the Program. The Program is void where prohibited by law.

1.3. The SWAN Program is only available on the SWAN App within Malaysia..

• PROGRAM ENROLLMENT

2.1. Eligible individuals may enroll in the Program through one of the following options:

2.1.1. Download the SWAN Membership Application on Google or App Store (collectively, the “App”) and follow the Program prompts to register for the Program.

2.2. If you are between the ages of 13 and the age of majority in your state of residence, by enrolling in the Program, you are certifying that on your behalf, your parent or legal guardian has consented to your enrollment in the Program, and has read, understood and agreed to be bound by these Terms, our PRIVACY POLICY and our website TERMS AND CONDITIONS which are incorporated by reference, and by any changes or modification we may make.

2.3. You are required to provide your full name, email address, and mobile phone number in order to enroll. If you enroll on the App, you must also create a password in order to enroll. In order to access certain Program benefits and rewards, you will need to provide us with your birthday, but birthday is not mandatory for Program enrollment.. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

2.4. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

• PROGRAM BENEFITS

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Once you unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQS for a current list of available benefits and rewards.

3.2. The Program is a tier-based program determined by the amount a member has spent on qualifying purchases within a single calendar year. There are 3 tiers with associated benefits – Silver, Gold, Platinum and Diamond. Program tiers are based on your qualifying purchases on the App on a rolling 12-month basis from the anniversary of the date you achieve a tier. For example, if you make a qualifying purchase and advance to a new tier on March 3rd, 2023 will retain that tier status until March 3rd, 2024 (assuming all other requirements are met). When you join, you’ll automatically be placed in Silver and be eligible for all the benefits Silver members receive. Purchases of RM1000 or more in a 12-month period are required to advance to the Gold tier and qualify for Gold benefits. Purchases of RM2000 or more in a 12-month period are required to advance to the Platinum tier and qualify for Platinum benefits and so on.

3.3. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the App. To earn rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, sales tax, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain charitable products where funds are donated to certain charitable organization, value sets, select premium products and services, and other specified products.

3.4. Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

3.5. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or canceled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.

3.6. We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.

3.7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Swan Bag Customer Service at hello@swanbag.com. Your email must specify your name, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

3.8. Rewards can only be redeemed on the App and in retail stores within Malaysia..

3.9. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.

3.10. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

• MARKETING COMMUNICATIONS

4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving (1) Program related emails, including Program marketing emails and (2) Swan Bag Online emails, including marketing emails.

4.2. You may opt-out of receiving Program or Swan Bag Online marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Program, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications.

• TERMINATION AND MODIFICATION

5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.

5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, at our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.

5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Site).

• DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

6.1. NEITHER SWAN NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

6.2. YOU AGREE THAT NEITHER SWAN NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE APP OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

6.3. FURTHER, NEITHER SWAN NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED RINGGIT (RM100.00). 

6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

• INDEMNIFICATION

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms..

• PRIVACY

We value your privacy.  The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our PRIVACY POLICY. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our PRIVACY POLICY; and (4) comply with a legal obligation. 

• CONTACT US

For information about the Program and your membership, contact (SWAN NUMBER)  or via email hello@swanbag.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQS.