Welcome to the www.setlary.my and/or the Setlary mobile application (the
“Platform”).
These terms and conditions govern your access and use of the Platform and the use of any
services, features, tools, and functions made available by us at the Platform (“Services”).
Before using this Platform or the Services, you must read carefully and accept these terms
and conditions and all other policies and additional terms and conditions pertaining to the use
of the Platform and/or the Services (collectively referred to as “Terms and Conditions”).
The Terms and Conditions stated herein constitute a legal agreement (“the Agreement”)
between you and Setlary Pte. Ltd. (UEN : 202504876D) a
company incorporated in and having its registered address at
1 Thomson Road, #04-330G, Balestier Hill Shopping Centre, Singapore 300001
(“Setlary ”, “we”,
“us”
or “our”). Additionally, if you are Employer, you shall be bound by the terms and conditions of
the Software and Services Subscripti`on Agreement and if you are an Employee, you shall be
bound by the terms and conditions of such further agreement which you may enter into with
Setlary or its Affiliates. For the purpose of this Agreement, “you”, “your”, “yours”
shall refer to
all users of the Platform, unless otherwise specified.
By subscribing, signing up, accessing and using our Platform and/or Services, you hereby
agree to be bound by and subjected to all terms and conditions listed on the Platform including
but not limited to, any other additional terms and conditions and policies incorporated by
reference herein and/or available by hyperlink and/or updated by us from time to time. These
Terms and Conditions apply to all users of the Platform including but not limited to, browsers,
visitors, and contributors of our website content. Any new Services added to the Platform shall
also be subjected to these Terms and Conditions. If you disagree with any part of these Terms
and Conditions, then you may choose not to access the Platform and/or the Services. If these
Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms
and Conditions.
We reserve the right, to change, modify, add, or remove portions of these Terms and
Conditions at any time. Changes will be effective when posted on the Platform with no other
notices provided and you are deemed to be aware of and bound by any changes to the
foregoing upon their publication on the Platform.
For the purpose of these Terms and Conditions, the following terms shall have the meanings
defined below: -
“Account” means the account you create or on the Platform when you access or use the
Services;
“Activation” or “Activate” means the point in time when your login to the
Account utilizing the One Time Password for the first time;
“Emergency Salary Access” means the service as described in Clause 4.6;
“Affiliates” means any individuals or entities that directly or indirectly, through one or
more intermediaries, controls or are controlled by or are under common control of Setlary
. For purposes
of
this definition, “control” means the power to direct the management and policies of another, whether through
the ownership of voting securities, by contract or otherwise
“Content” means any information, documents, text images, files, or databases shown on or
through the Platform
“Daily Salary Access” means the service as described in Clause 4.5.
“Earned Salary Access” means the service as described in Clause 4.4.
“Employee” means any user of the Platform who register himself/herself under the category
of
“Employee” when creating or activating an Account.
“Employer” means any user of the Platform who register himself/herself under the category
of
“Employer” when creating or activating an Account.
“Payroll Date” means the date on which the Employee shall receive his/her monthly salary
from the Employer.
“Payroll Cycle” means a regularly scheduled period of time used to calculate and determine
the remuneration entitled by the Employee and when the Employee shall get paid by the Employer.
“Personal Information/Data” means your information/data collected by Setlary
for the
provision of the Services, either directly or indirectly including but not limited to your name, address
details, telephone number, employment details and others;
“Services” means all services made available by Setlary through the
Platform, including
the Earned Salary Access service and Emergency Salary service;
“Terms and Conditions” means these terms and conditions for the Services as may be varied
or
modified from time to time at Setlary ’s sole discretion;
“Platform” means the www.setlary.my or the “Setlary ” mobile Platform
available on Apple
AppStore and Google Play Store.
1. Limited License
1.1 We grant you a non-exclusive, non-transferable, limited and revocable license to use and access the
Platform and/or Services, subject to these Terms and Conditions. Commercial use of the Platform and/or
Services for your own benefit or by you on behalf of any third party is prohibited, except as explicitly
permitted by us in advance. Any breach of these Terms and Conditions may result in the immediate revocation
of
the license granted herein without notice to you.
2. Account
2.1 Once you login to the Platform using the one-time-password (OTP), you shall be deemed to have
registered
and activated your Account on the Platform to forthwith enable you to access or utilize the Services
available
therein.
2.2 You undertake to ensure the accurateness and completeness of your information upon your first time
login
and confirming the same within the Platform and every time you use the Services thereon and if Setlary
discovers that you are impersonating another individual or another legal entity or are providing wrong or
inaccurate information or fail to rectify any discrepancies in any of your information, Setlary
may
without
reference to you suspend or terminate your Account and report such fraudulent activity to the relevant
authorities.
2.3 You shall at all times be responsible to keep confidential and safeguard your Account details and shall
not disclose to any other persons of your Account information and login credentials. In the event that
Setlary
finds suspicious activity with regard to your Account, Setlary may
suspend or terminate your Account
and
failure on your part to rectify such activity may result in the permanent deletion of your Account.
2.4 Your Account shall not in any way be transferable nor assignable to any third party and shall be
exclusively used by you.
3. General Disclaimer
3.1 Setlary provides the Services on an “as is” and “as available” basis. No promise or
guarantees are
made by Setlary or its Affiliates that the Services or any information shown on the
Platform will be
always
available, uninterrupted, or error-free. Setlary reserves the rights to suspend,
withdraw, or restrict
the
availability of all or any part of the Services for business and operational reasons.
3.2 To the extent permitted by applicable law, Setlary or its affiliates make no
warranties, conditions,
or other terms of any kind, either express or implied, about the Services. Setlary and
its Affiliates
disclaim any warranties of title or implied warranties, conditions, or other terms of non-infringement,
merchantability, quiet enjoyment, or fitness for a particular purpose.
4. About the Services
The following provisions shall be applicable to the Employees only:-
4.1 Upon Activation of your Account, you will be able to utilize the Platform to track your employment
information including tracking your working hours, viewing your accumulated earnings for the immediate Pay
Cycle and to make a salary advancement request through the Earned Salary Access and/or the Emergency Salary
Access within the Platform. You agree that the provision of the Services are for convenience and may not
reflect the actual earnings or serve as a calculation of your payroll from any of your employment. In the
event you shall have any disputes in relation to the your working hours or the amount of work performed or
you
earnings as shown on your Account, you are to refer to your employers directly for such disputes.
4.2 You understand that the provision of the Services are subject to your employer agreeing to engaging the
services by Setlary and the terms of the provision of such services.
4.3 You agree, understand, allow and authorize your employer, or any of its affiliates to share any
information that may be relevant for the Account creation process and any other processes in relation to the
provision of Services by Setlary .
4.4. Earned Salary Access (Collected Salary)
4.4.1 Earned Salary Access is a form of financial management service which allows you to withdraw a portion
of
your monthly salary, which has been earned by you as at the date of your request made on the Platform, prior
to your employer’s Payroll Date within the immediate Payroll Cycle subject to these Terms and
Conditions.
4.5. Daily Salary Access (Auto Daily Cash Out)
4.5.1. 4.5.1. Daily Salary Access is a form of financial management service which allows you to withdraw on
daily basis, your nett daily salary calculated based on your monthly salary, which has been earned by you as
at the date your request made on the Platform, subject to the authorization of Setlary
and/or your
Employer.
4.6 Emergency Salary Access
4.6.1 Emergency Salary Access is a form of financial management service which allows you to withdraw a
portion
of your monthly salary, which has yet to be earned by you as at the date your request made on the Platform,
subject to the authorization of Setlary and/or your Employer.
4.7 Irrespective of the Services, you agree that:-
4.7.1 Your eligibility to withdraw and the sum to be allowed to be withdrawn under these Services shall
subject to the documents and information submitted by you, your Employer, and the requirements which Setlary
may determine, from time to time at its sole discretion.
4.7.2 Any payment by Setlary or its Affiliates under these Services shall constitute a
payment of a
portion of your earned salary or future salary, depending on the type of Services which you applied through
the Platform, by your Employer to you.
4.7.3 Certain fees, charges, and disbursements shall be imposed by Setlary or its
Affiliates when
processing your requests and these fees, charges, and disbursements shall be deducted before the Earned
Salary, Daily Salary, or Emergency Salary being paid to your designated bank account.
4.7.4 Setlary or its Affiliates retain absolute discretion to suspend or terminate the
Services made
available to you through the Platform, with or without cause, without prior written notice.
4.7.5 Your repayment of the disbursed Earned Salary, Daily Salary, Emergency Salary shall be by way of
monthly salary deductions whereby your Employer is authorized to pay directly to Setlary
or its Affiliates.
4.7.6. Setlary retains the rights to recall any payment of the Earned Salary, Daily
Salary, or Emergency Salary that may have been disbursed to you on demand, with or without
notice to your Employer within seven (7) days from the date of occurrence of your breaching any of these
Terms and Conditions, including but not limited to the following events of default: –
- Presentation of a bankruptcy petition against you;
- Death or insanity;
- If you commit a default under any of the provisions of these Terms and Conditions;
- If any of the information provided by you whether in the course of making the application for the
Service
or otherwise is incorrect or misleading or does not present the accurate representation of a material
particular as of the date at which it was provided;
- Would or might render it inadvisable or impractical for Setlary and/or its
Affiliates to make, maintain or fund for the advances; or
- If there shall be any legal proceedings, suit or action of any kind whatsoever instituted against you.
4.7.7 Notwithstanding the above clause 4.6.6, in the event of breach by you of the Terms and Conditions
herein, you agree that Setlary and/or its Affiliates shall be entitled to initiate legal
proceedings
including the specific performance of the terms hereof, in addition to any other remedy available in
contract,
at law or in equity against you.
5. Deduction
5.1 You acknowledge and agree that any sums you withdrawn utilizing our Services (“the Withdrawn Sum”)
shall
be deducted from your upcoming payroll cycle under the salary deduction scheme by your employer
6. Fees & Charges
6.1 You acknowledge and agree that when utilize the Services, Setlary shall impose
certain fees and
charges, as follows:-
6.2 Withdrawal Fee:
Earned Salary Access (Collected Salary)
6.2.1 Normal Withdrawal – FREE of charges, applicable to both permanent and non-permanent employees.
6.2.2 Instant Withdrawal – RM30 per transaction, applicable to both permanent and non-permanent employees.
Daily Salary Access (Daily Auto Cash Out)
6.2.3 Non-refundable fees of RM100 per month upon Daily Salary Service being activated. There shall be no
cancellation of Daily Salary Access upon activated.
Emergency Salary Access
6.2.4 All fees and charges to be charged by Setlary for Emergency Salary Access are
specifically set out in
Terms of Service.
6.3 Setlary or its Affiliates retain absolute discretion to vary the fees and charges
from time tot time
without prior written notice. You are advised to peruse and verify the fees and charges as shown on the
Platform every time before you apply for any Services on the Platform.
6.4 You agree that Setlary shall deduct all fees and charges directly from the
Withdrawn Sum prior to
its
disbursement to you through the Services.
7. Covenants, Warranties, And Undertakings
7.1 When using the Platform, you covenant, warrant, and undertake that:-
7.1.1 All the information which you provide shall be current, true, and accurate;
7.1.2 You will only use the Platform for its intended and lawful purposes;
7.1.3 You will keep your User ID and password for the Account which allows your access to the Services
available on the Platform secure and confidential;
7.1.4 You agree to notify us immediately of any unauthorized use of your Account or any other breach of
security;
7.1.5 You will not try to interrupt or harm the Platform in any way;
7.1.6 You will not attempt to commercially exploit any part of the Platform without our permission,
including
without limitation, to modify any of the Platform’s content in any way, or copy, reproduce, display,
distribute reverse engineer or otherwise use or communicate them for any commercial purpose without our
permission;
7.1.7 You will not authorize others to use your Account or your User ID, and you may not sell, assign, or
otherwise transfer your Account or User ID to any other person;
7.1.8 You will provide us with whatever proof of identity or any other documents, permits, licenses or
approvals which we may reasonably request or require;
7.1.9 You will not use the Platform, directly or indirectly, for any unlawful or fraudulent purposes
against
us and/or any other third parties;
7.1.10 You will not use the Platform to post, advertise, promote, or transmit anything that is illegal,
harmful, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or
ethnically offensive;
7.1.11 You agree to comply with all laws applicable to you during the course of using the Platform;
7.1.12 You will not share, copy, repost or distribute the contents or materials of the Platform without
written permission from us;
7.1.13 You will provide true, accurate, current and complete information as required for by the Platform
and
undertake the responsibility to maintain and update your information in a timely manner to keep it accurate,
current and complete at all times and you agree that we may rely on your information for the purposes as
required and provided by us on the Platform;
7.1.14 You will only use an access point or data account which you are authorized to use;
7.1.15 You agree to assist our Platform with any internal or external investigations as may be required by
Platform in complying with any prevailing laws or regulations in place;
7.1.16 You agree that the Services provided by us are subject to all prevailing and applicable statutory
taxes (including but not limited to Sales and Service Tax), duties, royalties, fees and/or charges, as may
be
applicable from time to time;
7.1.17 You acknowledge and agree to comply with all statutory taxes applicable on you and shall be
accountable for paying any tax and statutory contributions due in connection of any or all of the sums
payable
to you under or in connection with this Agreement or your usage of the Services.
8. Your obligations
8.1 In utilizing the Services, you:
- Ensure that you download or have downloaded and are using the latest version of the Platform from either
the Google Play Store or Apple App Store. You shall not download the Platform from any other third party
or
any other unauthorized sources. In the event that you do, you shall be responsible for any losses or
damages
you may suffer in any way resulting from your actions.
- Ensure that you do not use the Platform on any illegally modified devices such as jailbroken devices,
rooted devices or any devices that have been altered or compromised in any way whatsoever. Setlary
ultimately disclaims any liability for any and all loses or damages that you may incur including but not
limited to any financial and/or information loss.
- Inform Setlary immediately if there are any changes, updates, or modifications with
regard to the
information/document which you have previously provided during the Activation of your Account including
personal Information, employment details, monthly salary, or bank account information. Failure to do so
may
result in Setlary delaying, suspending, or terminating the provision of Services by
Setlary and in
the
occurrence of such event, Setlary shall not be responsible for such error, delay,
rejection, fees
imposed
or any other issues or any losses that may be incurred by you should you fail to inform your employer of
any
such changes in your information.
- Take all reasonable steps to prevent any fraudulent, improper or illegal use of your Account and theft
or
loss of your device which containing the Platform and all the information therein. In such event, ensure
that you immediately notify Setlary through [email protected]
upon you discovering of such theft or loss, or any other occurrence of any unlawful actions.
8.2 You undertake not to hack into, access, tamper, breach or circumvent any authentication or security of
any hose, network or account of Setlary or its providers’ computer systems or interfere
with service to
any
user, host or network. You also shall refrain from misusing the Platform or the Account or the Services for
any illegal purpose or any purpose against public interest that may prejudice Setlary in
whatever
manner.
9. Data Privacy & Personal Data Protection
9.1 Setlary is committed to protecting the Client’s privacy in connection with the
Personal Data
Protection Act 2010 (PDPA). In this regard, the Client acknowledges that for the purposes of provision of
the
Services, Setlary may collect and utilize certain sensitive data which may include your
personal details
and employment details (hereinafter referred to as “Personal Information/Data”) when the you access or use
the
Services on the Platform.
9.2 You agree that the Personal Information/Data provided by you may be held in a database and Setlary
may
use, store, analyse and transfer and/or exchange such information with all such persons and/or organizations
as may be necessary in relation to the provision of the Services within the Platform.
9.3 All sensitive and personal information being disclosed, collected, or processed by Setlary
shall be
in
accordance with the Privacy Policy available on the Platform. A copy Setlary ’s Privacy
Policy is
available
at the following link: www.setlary.my/privacy-policy
10. Deactivation
Setlary reserves the absolute right to deactivate any Account by providing written
notice to both the
Employee or Employers. However, notwithstanding the deactivation of the Account, you agree that Setlary
or
its Affiliates’ rights to pursue legal action against you shall survive until and unless all outstanding
payments due and payable under the Services rendered as at the date of the deactivation, have been fully
settled.
11. Erroneous or Mistaken Transaction
11.1 If you have made an erroneous or you discovered any mistaken transaction occurred on the Platform, you
are required to notify Setlary by contacting our support team at
[email protected]
within 3 days from the date of transaction occurred and Setlary shall make any necessary
adjustment
within
14 Business Day from your complaint provided that:-
11.1.1 Setlary or its Affiliates is fully satisfied that the transaction was genuinely
an error or
mistake
with the evidence which you are able to provide; and
11.1.2 Setlary or its Affiliates is not barred or restricted by any third party to
rectify or adjust
such
transaction in a retrospective manner.
11.2 In the event you fail to contact our support team through the abovementioned e-mail address within the
time period given, it shall be deemed as an acceptance of the accuracy of the transaction and/or information
and Setlary shall not be responsible for any loss or damages on you resulting from your
failure to do so
in
a timely manner.
12. Liability Disclaimer
To the extent not prohibited by law, in no event shall Setlary be liable for personal
injury or any
exemplary, incidental, special, indirect or consequential damages whatsoever, including, without limitation,
damages for loss of profits, loss of data, information, content, personal loss, business interruption or any
other commercial damages or losses, arising out of or related to your use or inability to use the Platform
or
Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if
Setlary has been advised of the possibility of such damages.
13. Indemnity
You agree to indemnify and hold Setlary and its affiliates, directors, officers,
employees, attorneys
and
agents harmless from and against any liabilities, losses, damages or costs, including reasonable legal fees
incurred in connection with or arising from your breach of any of the Terms and Conditions or other policies
including but not limited to the Privacy Policy and any third-party allegations, claims, actions, disputes
or
demands asserted by any of them as a result of or relating to your use or misuse of the Platform and
Services
or breach of any of the present Terms and Conditions or other policies including but not limited to the
Privacy Policy.
14. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of , and you
hereby submit to the exclusive jurisdiction of the Malaysian courts.
15. Amendment and/or Modification
Setlary reserves the right to modify this Terms of Use or policies including but not
limited to Privacy
Policy relating to the Platform or Services at any time, effective upon posting of an updated version of
this
Terms of Use or the said policies, as the case may be, on the Setlary Platform.
Continued use of the
Platform or the Services after any such changes shall constitute your consent to such changes to the Terms
of
Use or said policies.
16. Intellectual Property Rights
16.1 All trademarks and other intellectual property rights used in relation to the Services shall belong
exclusively to Setlary .
16.2 You acknowledge and agree that all trademarks and other intellectual property rights in relation to
the
Services or any part thereof, whether presented to you by Setlary , advertisers, agents
or any other third
party are protected by copyrights and trademarks or other proprietary rights and laws and all Setlary
’s
rights therein are expressly reserved.
17. Severability and Effect of Terms and Conditions
If any of the provisions herein contained should be invalid, illegal or unenforceable under any applicable
law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any
way
and such invalid, illegal or unenforceable provision shall be deemed deleted.
18. Assignment
You shall not assign or in any other way transfer your rights or obligations under these Terms and
Conditions
or part thereof. Setlary may assign these Terms and Conditions in whole or in part to
any third party at
its discretion.
19. Binding Effect
These Terms and Conditions shall be binding upon you as well as your successors and permitted assigns and
these Terms and Conditions shall be binding upon and enure to the benefit of Setlary
’s respective
successors in title and assigns.
Welcome to Setlary Malaysia, a dynamic and innovative financial solutions provider offering Essential Wage Access (EWA).
9:00 AM - 6:00 PM
Connexion Conference & Event Centre , Bangsar
