TERMS & CONDITIONS

INTRODUCTION

These are the terms and conditions (“Terms”) on which SETTL APP SDN BHD (“SETTL”, “we”, “us” or “our”) makes the App available to Users, subject to any rules or policies applied by any App Store provider or operator from which the User downloaded the App.

These terms and conditions determine your relationship with SETTL APP SDN BHD and the Government of Malaysia in using

this App; they include Privacy Policy.

This agreement shall be governed by and construed in accordance with the laws of Malaysia.

By downloading the App, Users accept and agree to be bound by these Terms, including SETTL's Privacy Policy [https://www.settlbill.com/privacypolicy].

We may modify these Terms at any time. All updated versions will be displayed on this page. Where appropriate, we will notify Users of any changes made to these Terms either by emailing Users directly (at the registered email address used for the setting up of User’s SETTL account) or by posting a notice on the App.

DEFINITIONS

When the following words are used in these Terms, it carries the following meaning:

App: the mobile application operated by us which allows a User to locate a Venue, open a Tab at a Venue, pay for his/her purchases at the Venue, and other related services offered by us from time to time.

Device: a User's mobile telephone, smartphone or handheld device.

Payment Processor: a payment gateway service selected by SETTL from time to time, to store, process and transmit a User's credit or debit card payment data, including Adyen.

Tab: the digital medium through which the Venue communicates to the User(s) the total amount payable to the Venue by a particular group and through which the User(s) can pay a proportion of the total amount.

Tab Holder: the person in whose name the Tab is opened.

User(s): customers who sign up with SETTL and download and use the App.

Venue: a restaurant, bar or other provider of food and/or beverages which supports the App.

SIGNING UP

To use the App, the User must first sign up to SETTL. The User agrees to provide accurate and up-to-date information at all times, including:

· first name and last name;

· email address; and

· valid credit or debit card details.

Users will be connected to the Payment Processor to complete the sign-up details by providing credit or debit card details. Once the Payment Processor has verified the User’s credit or debit card details, the User’s account will be activated. If the credit or debit cards cannot be verified by the Payment Processor, SETTL reserves the right to refuse the User access to and use of the App.

Users can import information pertaining to his/her first name, last name and email address from an existing third party account, such as Facebook or Google. Users consent to our collection and use of their personal information, including profile photographs, if they follow this course of action.

USING THE APP

SETTL will make reasonable efforts to ensure (but does not warrant that) the App is operational 24 hours a day, 7 days a week. Notwithstanding this, Users hereby acknowledge that their use of the App may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.

We reserve the right to suspend a User’s access to or use of the App without notice in the event he/ she breaches these Terms or if we reasonably suspect he/ she has breached the Terms.

We accept no liability for any interruptions to or suspensions of the User’s use of the App. This does not affect the User’s obligation to pay any outstanding amounts on open Tabs (as may be notified to the Users by SETTL).

In the unlikely event that there is any defect with the App, please contact SETTL as soon as reasonably possible. Whilst we do not warrant that the App will be error-free or that we will be able to fix all defects, we will use our reasonable endeavors to do so.

UNACCEPTABLE USE OF THE APP

Except as expressly set out in these Terms or as permitted by any local law, the User agrees not to:

·     copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

·     rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

·     disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing; or

·     provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.

The User must not:

·     use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by using fraudulent bank cards, or hacking into or inserting malicious code, including viruses, or harmful data, into the App;

·     transmit any material that is defamatory, offensive or otherwise objectionable in relation to the User’s use of the App;

·     use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

·     collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

VENUE

You acknowledge that any purchases the User makes using the App are the subject of a contract between the User and the Venue.

Users may choose to open or join a new Tab at every Venue. It is the Tab Holder's responsibility to ensure that the information inputted to a Tab is accurate and reflects the goods purchased by him/ her and all other Users who have joined that Tab from the Venue. SETTL is not responsible for ensuring the accuracy of the Tab. Any queries or issues with the total of the Tab should be directed to the Venue. SETTL's obligation is only to facilitate the payment of the amount shown on the Tab.

All Users can use the App to apportion amounts of payments, but it is the responsibility of the Tab Holder to ensure that the full amount is settled. A Venue will not close a Tab until it has been settled in full.

TAB HOLDER’S LIABILITY

The Tab Holder is responsible for ensuring that the full amount of the Tab is paid to the Venue, including in respect of goods that are included on the Tab but which were ordered by people other than the Tab Holder. If there is any amount outstanding on the Tab when the Tab Holder leaves the venue, the Tab Holder acknowledges and agrees that such amount will be automatically deducted from his/her credit or debit card recorded against his/ her account, any GST and/or additional charges incurred by the Venue in relation to the Tab Holder’s visit to the Venue on that particular occasion (including, by way of example only and by no means exhaustive, damage caused to the Venue by the Tab Holder or other User’s on the same Tab, or reservation/ minimum spend charges). SETTL is not liable to cover any outstanding amounts on a Tab.

INTELLECTUAL PROPERTY RIGHTS

In consideration of the User agreeing to abide by these Terms, SETTL grants the User a non-transferable, non-exclusive licence to download and use the App on the Device for his/ her personal purposes only, subject to compliance with these Terms.

You acknowledge that all intellectual property rights in the App anywhere in the world belong to SETTL or its licensors, that rights in the App are licensed (not sold) to the User, and that the User have no rights in, or to, the App, other than the right to download a copy of the App and use it in accordance with these Terms. You acknowledge that the User have no right to have access to the App in source-code form. SETTL reserves all other rights.

DISCLAIMER OF WARRANTIES AND SETTL’S LIABILITY

No representations or warranties: All data and/or information contained in the App are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with The App. Without prejudice to the generality of the foregoing, we do not warrant:

  • the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in The App;

  • that The App, will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

  • that the App is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

  • the security of any information transmitted by you or to you through the App or the services, and you accept the risk that any information transmitted or received through the App may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

     

Exclusion of liability: SETTL shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

  • any access, use and/or inability to use the App;
  • reliance on any data or information made available through the App. You should not act on such data or information without first independently verifying its contents;
  • any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
  • any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the App is entirely at your own risk and we shall not be liable therefore.

TERMINATION

Users acknowledge that they cannot exercise their legal right to cancel their order for the supply of the App (as digital content) if the download process has started upon their request. However, the User is able to immediately uninstall the App from his/her Device if he/ she wishes, and in doing so will terminate these Terms.

We may terminate these Terms immediately by written notice to the User if the User commit a material or persistent breach of these Terms which the User fail to remedy (if remediable) within fourteen (14) days after the service of written notice requiring the User to do so.

On termination for any reason, all rights granted to the User under these Terms shall cease and the User must immediately uninstall the App from his/her Devices.

REFUNDS

SETTL will not process a refund unless it is verified by the relevant Venue. The following actions must be taken by the User immediately following payment of an incorrect amount (“Incorrect Payment”):

·     The User must inform the Venue that they have made an Incorrect Payment; and

·     Within 48 Hours of receiving an email from SETTL which confirms the User’s payment, the User must email a refund request to support@settlbill.com, with full details of his/her payment, the name of the Venue and why they require a refund (“Refund Request”).

A Refund Request received outside the 48 hour period will not be accepted unless there are exceptional circumstances as determined by SETTL in its sole discretion. SETTL reserves the right to refuse any Refund Request that it is not able to verify with the relevant Venue.

Once a Refund Request is verified, SETTL will contact the User who must elect either to have:

·     a credit attributed to their account to be applied towards future Tabs; or

·     a refund to their credit or debit card(s).

Credits and refunds will be processed within seven (14) working days.

SETTL CREDIT

SETTL will not process a refund unless it is verified by the relevant Venue. The following actions must be taken by the User immediately following payment of an incorrect amount (“Incorrect Payment”):

· The User must inform the Venue that they have made an Incorrect Payment; and

· Within 48 Hours of receiving an email from SETTL which confirms the User’s payment, the User must email a refund request to support@settlbill.com, with full details of his/her payment, the name of the Venue and why they require a refund (“Refund Request”).

A Refund Request received outside the 48 hour period will not be accepted unless there are exceptional circumstances as determined by SETTL in its sole discretion. SETTL reserves the right to refuse any Refund Request that it is not able to verify with the relevant Venue.

Once a Refund Request is verified, SETTL will contact the User who must elect either to have:

  • a credit attributed to their account to be applied towards future Tabs; or

  • a refund to their credit or debit card(s).
    Credits and refunds will be processed within seven (14) working days.

INFORMATION ABOUT US & HOW TO CONTACT US

If the User have any questions or complaints the User can contact SETTL by e-mailing us at support@settlbill.com or by writing to us at SETTL APP SDN BHD, 63 Plaza Damas 3 A-1-16, Jalan Sri Hartamas 1, Sri Hartamas, 50480 Wilayah Persekutuan Kuala Lumpur, Malaysia.

If SETTL has to contact the User it will do so by e-mail to the registered address used for the setting up of User’s SETTL account.


Security Policy

The SETTL App sends your credit card details via a secure and independent channel. Your credit card information is not stored by us, instead we use a payment gateway service, Adyen. Adyen supports end-to-end value-chain of commerce transactions.

When you enter your credit card details through the SETTL App, we pass all such information securely through a modern encryption layer from your phone to our system. This information is then securely passed on to Adyen who stores the details in their encrypted vault. Adyen provides us with a

unique, anonymous token corresponding to your credit card, which we use as a reference to facilitate payments.

Through a payment gateway service, we ensure the highest level of security for all your transactions. At no point will SETTL log or store your credit card information or CVV number (the 3 digit number on the back of the card).

In the event our server is compromised, your credit card information could never be ascertained by any party.

In ensuring your security, the password you use to login to your SETTL app is encrypted. This means that it can never be directly read by any party.

The SETTL system runs on a highly sophisticated server infrastructure ensuring the highest level of security. All communication between the SETTL App and our system is performed over a secure connection.

In the event you lose possession of your phone, you should contact us to have your SETTL account temporary blocked to prevent any fraudulent use.