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.

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 MC Payment.

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

The User acknowledges that the App has not been developed to meet his/her individual requirements, and that it is therefore the User’s responsibility to ensure that the facilities and functions of the App meet the User’s requirements.

We only provide access to and use of the App for domestic and private use. The User agrees not to use the App for any commercial, business or resale purposes, and we have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

SETTL will only be liable to a User for any loss or damage suffered by the User and which is a reasonably foreseeable result of our breach of these Terms or our negligence, up to the limit specified below. Loss or damage is reasonably foreseeable if it is an obvious consequence of our breach or if they were contemplated by the User and us at the time the User entered into these Terms.

SETTL’s maximum aggregate liability under or in connection with this agreement, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to RM100.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of Malaysia.

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 Credit” refers to credit which is issued by SETTL to a User’s account and is able to be redeemed on purchases made at Venues using the App.

From time to time, you will be given the opportunity to earn SETTL Credit by making purchases at Venues using the App (“SETTL Credit Offer”). The time at which a Tab is opened on the App will determine whether a User is eligible for the SETTL Credit Offer. For example, if a SETTL Credit Offer is only valid between the hours of 7pm and 9pm, Users paying a Tab opened at 6:45pm will not be issued any SETTL Credit.

All other terms and conditions that apply to a SETTL Credit Offer (including participating Venues and the dates and time during which SETTL Credit is able to be earned) will be displayed to you in the App.

SETTL Credit will be issued to the User’s account within 24 hours of the relevant Tab being settled.

SETTL may also, in its sole discretion, award SETTL Credit to a User’s account.

The following terms and conditions apply to a User’s use of SETTL Credit:

·     A User can choose when and how much value of SETTL Credit is to be redeemed against the User’s proportion of the Tab amount.

·     If the value of the User’s proportion of the Tab is greater than the value of the SETTL Credit, the remaining amount shall be payable by the User using the App.

·     SETTL Credit will expire without notice if: (a) a User does not use his/her account for a period of 12 months; or (b) a User deletes his/her account. SETTLCredit which has expired becomes void and may not be used.

·     A User may transfer SETTL Credit from his/her account to another User’s account but only for such period as the App permits such functionality.

·     SETTL Credit has no cash value and cannot be exchanged for cash.

·     All standard terms and conditions set out in these Terms apply when making purchases on the App using SETTL Credit.

If a User has a complaint relating to the amount of SETTL Credit issued or not issued to his/her account, the User must inform SETTL as soon as possible and provide SETTL with all information it reasonably requests. Provided SETTL issues the correct amount of SETTL Credit to a User’s account a reasonable period of time after receiving a complaint, SETTL shall have no further liability to the User.

SETTL Credit which is either: (a) erroneously issued to a User’s account; or (b) issued in respect of an Incorrect Payment which is later refunded to the User, may be later deducted from that User’s account without notice or liability.

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, MC Payments. MC Payments 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 MC Payments who stores the details in their encrypted vault. MC Payments 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.