Terms of Service
BidSwap
Last Updated: 5 August 2026 · Effective Date: 5 August 2026
1. Acceptance of Terms
1.1. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and BidSwap ("we", "us", "our") governing your access to and use of the website and marketplace platform located at https://bidswap.my (the "Platform").
1.2. By creating an account, accessing, or using BidSwap in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at https://bidswap.my/privacy). If you do not agree to these Terms, you must not use the Platform.
1.3. BidSwap is operated by BidSwap. [SSM Registration Number: To be updated upon registration] Contact Email: admin@bidswap.my
1.4. These Terms are governed by the Contracts Act 1950, the Electronic Commerce Act 2006, and all other applicable laws of Malaysia.
2. Eligibility
2.1. You must be at least 16 years old to create an account and use BidSwap.
2.2. If you are between 16 and 17 years old, you must obtain the consent of a parent or legal guardian before creating an account. By registering, you confirm that such consent has been obtained.
2.3. By creating an account, you represent and warrant that: (a) You are at least 16 years old. (b) You have the legal capacity to enter into these Terms. (c) All information you provide during registration is true, accurate, and complete. (d) You are not prohibited from using the Platform under any applicable law.
2.4. BidSwap reserves the right to request proof of age or identity at any time and to refuse service to anyone who does not meet the eligibility requirements.
2.5. Users should be aware that under the Age of Majority Act 1971 of Malaysia, the legal age of majority is 18. Contracts entered into by persons under 18 may be voidable under the Contracts Act 1950. BidSwap does not assume liability for the enforceability of transactions involving users under 18.
3. Account Registration and Security
3.1. To use BidSwap, you must create an account by providing your full name, email address, username, and password. You may also register using a supported social login provider (Google or Facebook).
3.2. You are responsible for: maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately at admin@bidswap.my if you suspect unauthorised access.
3.3. You may not create multiple accounts. Each individual is permitted only one account. Multiple accounts will result in suspension or permanent ban.
3.4. You may not create an account on behalf of another person, use another person's account without their permission, or impersonate any person or entity.
3.5. We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.
4. Description of Service
4.1. BidSwap is a live social marketplace that enables users to: bid cash on items listed by other users in real-time auctions; swap items by offering their own listed items in exchange; create listings with descriptions, images, starting prices, and durations; communicate with other users through in-app messaging; and rate and review other users after completed trades.
4.2. BidSwap is a platform that connects users. We are not a party to any transaction. All actual payment, item delivery, and exchange of goods occur entirely off-platform, directly between users. BidSwap does not handle, process, or facilitate any monetary payment or physical delivery of items.
4.3. BidSwap provides: real-time bidding with anti-sniping protection, swap proposal and acceptance system, in-app messaging for listing-related communication, a merit-based reputation system, a reporting and moderation system, and a watchlist and notification system.
4.4. BidSwap is currently free to use. There are no listing fees, transaction fees, or commissions charged by the Platform. We reserve the right to introduce fees in the future as described in Section 15.
4.5. The Platform is provided on an "as is" and "as available" basis. We do not guarantee that the Platform will be available at all times or free from errors.
5. Bidding Rules
5.1. Placing a Bid: You may place a cash bid on any active listing. Your bid amount must be higher than the current price by at least the minimum bid increment set by the listing creator (default: RM 1.00).
5.2. Anti-Sniping: If a bid is placed within the final 60 seconds of a listing's duration, the auction timer is automatically extended by 30 seconds.
5.3. Durations: Listings may be created with durations of 1 hr, 3 hrs, 6 hrs, or 24 hrs.
5.4. Bid Retraction: You may retract a bid subject to a grace period. Retracting 4+ bids in a single day will result in demerit points.
5.5. Maintenance Window: Bidding is unavailable daily from 2:45 AM to 5:00 AM Malaysia Time (MYT).
5.6. Outbid Notification: If outbid, you will receive an in-app notification.
5.7. Buy-It-Now: If a listing includes a Buy-It-Now price, any user may purchase the item immediately, ending the auction.
5.8. Reserve Price: If a reserve price is set, the item will not be sold unless the final bid meets or exceeds it.
5.9. Bidding is conducted in Malaysian Ringgit (MYR) only.
5.10. All bids are binding. By placing a bid, you commit to honouring that bid if you are the winning bidder.
6. Swapping Rules
6.1. You may propose a swap on an active listing by offering one or more of your own active listings from your locker.
6.2. You may include multiple items in a single swap proposal.
6.3. The seller may review swap proposals and choose a swap partner, or close the listing as a cash transaction instead.
6.4. A 1-hour cooldown applies after accepting a swap partner before they can be changed.
6.5. After a listing ends, the seller has approximately 18 hours to choose Cash or Swap outcome. If no selection is made, the listing defaults to Cash.
6.6. Selecting a swap outcome 4+ times in a single week will result in demerit points.
6.7. Items rejected in a swap proposal to a specific listing cannot be re-offered to the same listing.
7. Transaction and Trade Completion
7.1. BidSwap Does Not Process Payments: BidSwap does not handle, collect, or process any monetary payment. All financial transactions occur entirely off-platform and at the users' own risk. BidSwap is not a payment processor, escrow service, or financial intermediary.
7.2. Trade Confirmation: When a listing concludes, the winning outcome is confirmed through an in-app PIN handshake system. A 6-digit completion PIN is generated. The relevant parties confirm the trade by entering or verifying this PIN. A QR code may also be generated for in-person verification.
7.3. Trade Window: After a winner is determined, the parties have a 72-hour trade window. Both parties can communicate via Zone 3 messaging during this window.
7.4. Mutual Cancellation: Both parties may mutually agree to cancel a trade within the 72-hour window.
7.5. If the trade is not completed or cancelled within 72 hours, it may be automatically resolved.
7.6. No Liability for Off-Platform Transactions: BidSwap does not verify item quality, authenticity, condition, or legality. BidSwap does not guarantee payment or delivery. BidSwap does not mediate or resolve disputes. BidSwap is not responsible for any loss, damage, fraud, or misrepresentation. Users transact entirely at their own risk.
7.7. The PIN handshake and QR code are confirmation mechanisms only. They do not constitute a guarantee of payment, delivery, or item condition.
8. User Content and Listings
8.1. When you create a listing, post a message, write a review, or submit any other content ("User Content"), you retain ownership of that content. However, you grant BidSwap a non-exclusive, worldwide, royalty-free licence to display, reproduce, and distribute your User Content on the Platform for operating and promoting the service.
8.2. You represent and warrant that: you own the item or have legal right to sell/swap it; your listing is accurate and not misleading; your User Content does not infringe on any third party's intellectual property; and your User Content does not violate any applicable law.
8.3. You may upload up to 5 images per listing (max 5 MB each). Images are processed to WebP format. You must have the right to use any images you upload.
8.4. BidSwap reserves the right to remove any listing or User Content that violates these Terms, without prior notice.
9. Prohibited Items
The following items are strictly prohibited. Listing, bidding on, or swapping any of these will result in immediate listing removal and may result in permanent ban:
- Weapons, firearms, ammunition, or weapon components
- Illegal drugs, narcotics, or drug paraphernalia
- Counterfeit, replica, or pirated goods
- Stolen property or items obtained through illegal means
- Hazardous materials, explosives, or toxic substances
- Items that violate Malaysian law or any applicable law
- Items that infringe on intellectual property rights
- Living animals or endangered species products
- Human remains or body parts
- Any item illegal to possess, sell, or trade in Malaysia
This list is not exhaustive. BidSwap reserves the right to remove any listing it deems inappropriate, illegal, or in violation of these Terms.
10. Prohibited Conduct
You agree not to:
- Create multiple accounts or use another person's account
- Harass, threaten, bully, or abuse other users
- Post fraudulent, misleading, or deceptive listings
- Engage in joy-bidding (placing bids with no intention to complete)
- Manipulate the bidding system, including shill bidding
- Attempt to circumvent Platform rules, security measures, or rate limits
- Upload malware, viruses, or disruptive code
- Scrape, crawl, or use automated tools without permission
- Impersonate another person, entity, or BidSwap staff
- Use the Platform for money laundering, fraud, or illegal activity
- Interfere with other users' ability to use the Platform
- Reverse engineer, decompile, or attempt to derive source code
Violations may result in warnings, demerit points, suspension, or permanent ban.
11. Merit Points and Ranking System
11.1. BidSwap uses a merit point system to reward positive participation. Users earn points through activities such as creating listings, placing bids, receiving likes, writing reviews, completing trades, referring new users, and reaching rank milestones.
11.2. Merit points determine your rank. There are 9 ranks:
| Rank | Points Required |
|---|---|
| Newbie | 0 |
| Explorer | 130 |
| Hunter | 300 |
| Challenger | 600 |
| Champion | 1,200 |
| Ace | 2,500 |
| Elite | 5,000 |
| Tycoon | 10,000 |
| Legend | 25,000 |
11.3. Higher ranks unlock cosmetic rewards (display picture frames, colours) and may unlock additional Platform features.
11.4. Merit points are virtual reputation points. They have no real-world monetary value, cannot be sold, traded, exchanged for money, or transferred between accounts.
11.5. The referral system awards merit points when a referred user reaches certain ranks. This is a gamified reputation feature, not a monetary affiliate or commission programme.
12. Demerit Points and Account Standing
12.1. BidSwap uses a demerit point system to enforce community rules. Demerit points are applied for: joy-bidding or bid retraction abuse, listing prohibited items, harassment or abusive behaviour, creating multiple accounts, violating swap selection limits, and other violations as determined by moderators.
12.2. Demerit thresholds and consequences:
| Demerit Points | Consequence |
|---|---|
| 15 points (T1) | Warning notification |
| 50 points (T2) | 72-hour account suspension |
| 100 points (T3) | Critical standing warning |
| 180 points or D4 (T4) | Permanent account ban |
12.3. Demerit decay: 5 demerit points are removed per week for each week you log in and maintain good standing.
12.4. Moderators and administrators review reports and apply demerit points at their discretion. Decisions are final but may be escalated to administrators.
12.5. A suspended user cannot bid, swap, create listings, or access certain features. A banned user loses all access permanently.
13. Feature Availability
13.1. BidSwap may introduce additional paid or gated features in future. Where such features are offered, the terms and any fees will be clearly stated at the point of sale.
13.2. Features may be added, changed, or removed at BidSwap's discretion.
14. Virtual Items and Cosmetics
14.1. BidSwap offers virtual cosmetic items including display picture frames, colours, and other profile decorations ("Cosmetics").
14.2. Cosmetics may be obtained through reaching rank milestones, special events or promotions, or purchasing directly if and when available.
14.3. Licence, Not Ownership: All Cosmetics are provided as a limited, personal, non-transferable, revocable licence. You do not own the Cosmetics. BidSwap retains all intellectual property rights.
14.4. Cosmetics have no real-world monetary value. They cannot be sold, traded, exchanged, or converted into money.
14.5. If Cosmetics are purchased, all sales are final and non-refundable, except where required by law.
14.6. BidSwap reserves the right to modify, suspend, or discontinue any Cosmetic without prior notice. No compensation or refund obligation arises.
14.7. Payment Processing: If Cosmetics are offered for purchase, all payment processing will be handled by a third-party provider. BidSwap does not collect, store, or process credit card information, bank details, or any payment data.
15. Fees and Payments
15.1. BidSwap is currently free to use. There are no listing fees, bidding fees, transaction fees, or commissions.
15.2. We reserve the right to introduce fees (listing fees, transaction fees, cosmetic purchases, promotional fees) with at least 30 days' notice.
15.3. Continued use after new fees take effect constitutes acceptance.
15.4. All payment processing is handled by third-party gateways. BidSwap does not store or process your payment information.
15.5. All prices are displayed in Malaysian Ringgit (MYR).
16. Intellectual Property
16.1. The Platform, including its design, code, text, graphics, logos, icons, images, software, and all other content (excluding User Content), is the property of BidSwap and is protected by Malaysian and international intellectual property laws.
16.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Platform without our prior written consent.
16.3. User Content (listings, images, messages, reviews) remains the property of the user who created it, subject to the licence granted in Section 8.1.
16.4. If you believe your intellectual property rights have been infringed, contact us at admin@bidswap.my with details. We will investigate and take appropriate action.
17. Reporting and Moderation
17.1. Users can report listings that violate these Terms, users engaging in prohibited conduct, and messages containing harassment, fraud, or inappropriate content.
17.2. Reports are reviewed by our moderation team. Valid reports may result in content removal, demerit points, suspension, or permanent ban.
17.3. Users who submit valid reports may receive merit points as a reward.
17.4. BidSwap employs automated anti-abuse systems including velocity throttling and rate limiting.
17.5. Moderation decisions are at the discretion of the moderation team. Decisions are final but users may appeal by contacting admin@bidswap.my.
18. Account Suspension and Termination
18.1. BidSwap reserves the right to suspend or terminate your account at any time for: violation of these Terms, reaching demerit thresholds, fraudulent/illegal/abusive behaviour, extended inactivity, or to protect the Platform or its users.
18.2. Upon suspension, you lose access to certain features. Upon termination, you lose all access and your account data may be deleted.
18.3. You may request account deletion at any time by contacting admin@bidswap.my, subject to the terms in our Privacy Policy.
18.4. Sections that by nature survive termination (limitation of liability, indemnification, governing law) shall survive.
19. Disclaimer of Warranties
19.1. THE PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
19.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDSWAP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: implied warranties of merchantability, fitness for a particular purpose, and non-infringement; warranties of accuracy, reliability, or completeness of any content or listing; and warranties that the Platform will be uninterrupted, secure, or error-free.
19.3. BIDSWAP DOES NOT VERIFY, ENDORSE, OR GUARANTEE: the identity, background, or intentions of any user; the quality, authenticity, condition, safety, or legality of any item; that any transaction will be completed successfully; or the accuracy of any listing description, image, or user-provided information.
19.4. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS OCCUR OFF-PLATFORM AND AT YOUR OWN RISK. BIDSWAP IS NOT A PARTY TO ANY TRANSACTION.
19.5. Nothing in these Terms excludes or limits liability that cannot be excluded under the Consumer Protection Act 1999 or any other applicable Malaysian law.
20. Limitation of Liability
20.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDSWAP SHALL NOT BE LIABLE FOR: direct, indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, or use; loss or damage from use or inability to use the Platform; loss or damage from any transaction or interaction between users; loss or damage from off-platform payment, delivery, or item exchange; unauthorised access to your account; errors or inaccuracies in listings or User Content; or conduct of any user, online or offline.
20.2. BIDSWAP'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: the amount you have paid to BidSwap in the 12 months preceding the claim (if any); or MYR 100 (ONE HUNDRED MALAYSIAN RINGGIT).
20.3. YOU ACKNOWLEDGE THAT BIDSWAP PROVIDES A PLATFORM FOR USERS TO CONNECT AND THAT WE DO NOT CONTROL THE ITEMS LISTED, THE CONDUCT OF USERS, OR THE OUTCOME OF ANY TRANSACTION. YOUR USE IS ENTIRELY AT YOUR OWN RISK.
20.4. These limitations apply regardless of legal theory (contract, tort, negligence, strict liability) and even if BidSwap has been advised of the possibility of damages.
20.5. Nothing in this section limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot be limited under Malaysian law.
21. Indemnification
21.1. You agree to indemnify, defend, and hold harmless BidSwap, its operators, affiliates, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of: your use of the Platform; your violation of these Terms; your violation of any applicable law; your User Content; your interactions with other users including off-platform transactions; and your infringement of any third party's intellectual property or other rights.
22. Dispute Resolution
22.1. If you have a dispute with another user, we encourage you to resolve it directly. BidSwap is not a party to any transaction and does not mediate disputes.
22.2. If you have a dispute with BidSwap, contact us first at admin@bidswap.my. We will make reasonable efforts to resolve the issue.
22.3. If a dispute cannot be resolved amicably, it shall be subject to the exclusive jurisdiction of the courts of Malaysia.
22.4. You may file a complaint with the Personal Data Protection Commissioner (JPDP) for matters relating to personal data protection under the PDPA 2010.
23. Privacy
Your use of the Platform is also governed by our Privacy Policy, available at https://bidswap.my/privacy. By using BidSwap, you consent to the collection and processing of your personal data as described in the Privacy Policy.
24. Service Availability
24.1. We strive to make the Platform available at all times. However, it may be temporarily unavailable due to: scheduled maintenance (daily 2:45 AM–5:00 AM MYT), unscheduled maintenance or technical issues, server upgrades or migrations, or force majeure events.
24.2. We will endeavour to provide advance notice of scheduled maintenance where practicable.
24.3. BidSwap is not liable for any loss or damage arising from Platform unavailability.
25. Modifications to the Service and Terms
25.1. We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice.
25.2. We reserve the right to update these Terms at any time. Changes are effective upon posting with an updated "Last Updated" date.
25.3. Material changes will be notified via a prominent Platform notice. Continued use constitutes acceptance.
25.4. If you do not agree to revised Terms, you must stop using the Platform and delete your account.
26. Governing Law and Jurisdiction
26.1. These Terms are governed by the laws of Malaysia, including: Contracts Act 1950, Electronic Commerce Act 2006, Consumer Protection Act 1999, Personal Data Protection Act 2010, Age of Majority Act 1971, and Communications and Multimedia Act 1998.
26.2. Any dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.
27. General Provisions
27.1. Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement.
27.2. Severability: Invalid provisions do not affect remaining provisions.
27.3. Waiver: Failure to enforce is not a waiver.
27.4. Assignment: You may not assign without our consent. We may assign at any time.
27.5. No Agency: No partnership, joint venture, or employment relationship is created.
27.6. Force Majeure: BidSwap is not liable for failures beyond reasonable control.
27.7. Notices: Contact us at admin@bidswap.my. We notify users via email or in-app.
28. Contact Us
BidSwap
Email: admin@bidswap.my
Website: https://bidswap.my
These Terms of Service are governed by the laws of Malaysia.