Terms & Conditions

The following Terms and Conditions apply to your use of Setel App and the Services provided by Setel Ventures Sdn Bhd (Company No.: 1310317-A). By downloading, installing and/or using Setel App and/or the Services, You unconditionally and irrevocably agree to be bound by these Terms and Conditions without limitation or qualification. 


If You do not accept these Terms and Conditions, please immediately discontinue your use of Setel App and/or the Services.


GENERAL

Setel App and the Services are provided by Setel Ventures Sdn Bhd. These Terms and Conditions shall govern your access to and/or use of Setel App and/or the Services. As long as You abide by these Terms and Conditions, You may use the Setel App and the Services in accordance with the terms hereof.


We reserve the right to amend, modify, add or remove any provisions under these Terms and Conditions at any time as We deem necessary and such changes shall become effective twenty-one (21) days upon upload and publication by Us at our website. You agree that your continued use of Setel App and/or the Services shall constitute your acceptance of these Terms and Conditions including any term which may have been amended from time to time. You further agree that You are solely responsible to regularly check these Terms and Conditions for updates or amendments.

  1. DEFINITIONS

    Account means the account registered and maintained by User for the Setel App.

    BNM
     means Bank Negara Malaysia.

    Merchants
     means the merchants as designated by Us who sell goods and/or services and accept payment through the Setel App.

    Intellectual Property means any copyright, patent, design, trade mark, application to register any of the aforementioned rights, trade secrets, rights in know-how, and any other intellectual or industrial property right of any nature whatsoever subsisting in any part of the world.  

    Privacy Notice means the notice pursuant to Personal Data Protection Act 2010 which is accessible at https://www.setel.my 

    Services means the features provided by Setel App which enables You to perform the transactions set out in the Setel App.

    Terms and Conditions means this Terms and Conditions which governs the access to and/or use of Setel App and/or the Services. 

    Users or You means the person who registers and accesses the Setel App.

    We or Us means Setel Ventures Sdn Bhd.

    SETEL App means the mobile application owned by Setel Ventures Sdn Bhd which is downloaded unto a mobile device.

  2. USE OF SERVICE

    2.1 By registering for an account in the Setel App, You warrant and represent that You have attained eighteen (18) years of age or above. In the event that You are below the age of eighteen (18) years, You undertake that You shall obtain your parent or legal guardian’s consent. Your parent or legal guardian shall be responsible for your use of Setel App and /or the Services.

    2.2 You represent and warrant that all information provided to Us towards your Setel Account is true, accurate and complete and You agree to provide Us with up-to-date information of yourself including such identification, verification or other documentation as We, BNM or other lawful authorities may request from time to time. We have the right to reject your application for a Setel Account without the need to provide any reason.

    2.3 You are responsible for maintaining the security of your log-in details, passcode, passwords and other information in relation to your Setel Account. You shall not share any details with other parties and shall immediately change your passcode(s) and/or password(s) and inform Us if your account has been in any way compromised or You suspect any unauthorised access or use of your Setel Account.

    2.4 You are responsible to check your transaction history regularly. We do not provide any hardcopy statement of account in respect of the Setel Account. You shall be responsible for all your transactions and for keeping track of your Setel Account through your Account history. You are responsible to check your transaction history regularly to ensure that your account balance is correct.

    2.5 Your Setel Account is personal to You. No person other than You shall have any right of claim from Us to the balance or other benefits stored in your Setel Account. Any instructions, confirmation and/or communication sent from your account or device shall be deemed to have been issued by You irrespective of whether such instructions, confirmations and/or communications were actually sent by You. You are responsible to secure your account.

    2.6 You acknowledge and agree that your Setel Account does not constitute a banking account or any form of term deposit. No interest, dividends or other payments shall be accumulated or payable to You on the balance or other benefits held in Setel Account.

    2.7 You shall not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions to a third party.

    2.8 You agree not to hold Us liable for any loss or damage whatsoever arising from your failure to keep information relating to your Setel Account secure and confidential, or for any acts or omissions under your account or from your use of Setel App and /or the Services.

    2.9 You shall at all times ensure that You have sufficient funds to carry out any intended transaction through your Setel Account. If for any reason your account stands in negative balance, You agree that this shall constitute a debt owing from You to Us and repayable immediately by way of reload or deposit. Your failure to do so promptly shall constitute a breach of these Terms and Conditions and We shall be entitled to proceed with such action as We deem fit including suspension or termination of your account and commencement of legal action against You.

    2.10 You agree that We may, at our sole discretion and without providing any reason to You, impose a limit on the amount of balance held in your Setel Account, or the number of transactions You may execute in a specific period of time, or to impose a limit on each transaction amount. You further agree that We may impose a minimum amount that can be loaded into your Setel Account and also the maximum amount permitted to be stored in your Setel Account at any given time. We may change these amounts at any time at our sole discretion. The balance in your account shall be valid for two (2) year from the date the fund is transferred into your Setel Account.

    2.11 We reserve the right without liability to You to suspend, modify or discontinue, temporarily or permanently, the Setel App and /or the Services or any feature or part thereof, at our absolute discretion.

    2.12 Your Setel Account will expire if not used or is inactive in seven (7) years from the last transaction date (inclusive of activation and last reload date). Thereafter, your Setel Account shall be deemed expired, is not valid for any use and will be automatically deactivated. Any remaining credit balance in your Setel Account will be automatically forfeited upon deactivation under any circumstances and shall not be refunded to You.

    2.13 Notwithstanding anything to the contrary, if any information provided by You is untrue, inaccurate, not current or incomplete, We have the right to immediately terminate your Account and refuse any and all current or future use of the Services or access to Setel App and/or your Setel Account.

  3. USER'S RESPONSIBILITES

    3.1  You shall:

    3.1.a.  keep your personal information, passcode, password and/or PIN for your Setel Account confidential at all times and shall take all steps to prevent the disclosure of your passcode, password and/or PIN;

    3.1.b.  ensure that all information and data provided to Us including personal data are true, accurate, updated and complete at the time of provision and shall promptly update such information and data if there are any changes to the same. We shall not be responsible and liable whatsoever and howsoever to You due to any inaccurate or incomplete information and data provided to Us;

    3.1.c.  warrants to comply with all applicable laws, ordinances, codes, rules, regulations, notices, instructions and/or directives of the relevant authorities or any notices, instructions, directives or guidelines given by Us;

    3.1.d.  be responsible for all equipment necessary to use the Setel Account and Services, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of Setel App and /or the Services;

    3.1.e.  be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Services including but not limited to payment of all fee, charges, taxes and duties for the purchase of products and/or services to Us and third parties including participating Merchants in a timely manner;

    3.1.f.  be fully responsible for any and all data transmitted or broadcasted from your mobile device whether by You or any other person;

    3.1.g.  comply with all applicable laws of Malaysia relating to the usage of Setel App and /or the Services, including without limitation to the Communication and Multimedia Act 1998, Financial Services Act 2013, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and related subsidiary legislations, which may be amended from time to time;

    3.1.h.  take all reasonable steps to prevent fraudulent, improper or illegal use of the Services;

    3.1.i.  cease to utilise the Services or any part thereof for such period as may be required by Us;

    3.1.j.  report immediately to Us upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to your Setel Account and/or its use. You agree to lodge a police report as may be instructed by Us and to give Us a certified copy of such report;

    3.1.k.  only download and install Setel App from the official platform as announced by Us. Any downloads and installation outside of the official platform shall be deemed unlawful and We shall not be liable to You for any losses suffered by You arising therefrom; and

    3.1.l.  fully indemnify and shall keep Us fully indemnified to the fullest extent possible, from and against any and all liabilities, costs, demands or claims whatsoever on a full indemnity basis, which may be made by any third party due to a breach by You of any of these Terms of Service, or arising in any way from or in connection with your default, acts, omissions and/or negligence in the use of the Setel App and /or the Services.

    3.2 You shall not:

    3.2.a.  use Setel App and/or the Services to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;

    3.2.b.  use Setel App and/or the Services to cause excessive or disproportionate load on the Services or Setel’s system;

    3.2.c.  use Setel App and/or the Services for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;

    3.2.d.  use Setel App and/or the Services for any purpose which is against public interest, public order or national harmony;

    3.2.e.  use, permit or cause to be used Setel App and/or the Services improperly or for any activities which breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Us to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other users from using or enjoying the Services or the internet;

    3.2.f.  circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any other user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Setel’s legitimate web pages (referred to as “page-jacking”), or use Setel App and/or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and we will at our absolute discretion fully cooperate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

    3.2.g.  attempt to probe, scan or test the vulnerability of any of Setel system or network or breach any security or authentication measures;

    3.2.h.  avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Us or any of the service providers or any other third party (including other users) appointed by Us to protect our ability to provide the Services;

    3.2.i.  attempt to download Setel App for the use of the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Us or other approved third party web browsers;

    3.2.j.  copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Services or any information obtained by You while using the Services or while accessing Setel App;

    3.2.k.  remove, change and/or obscure in any way anything on Setel App and/or the Services or otherwise use any material obtained whilst using Setel and/or the Services except as set out in these Terms and Conditions;

    3.2.l.  copy or use any material from Setel App and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other Intellectual Property right notices contained in the original material, or from any material copied or printed off from Setel App, or obtained as a result of the Services;

    3.2.m.  use any of our trademarks, logo, URL or product name without our express written consent;

    3.2.n.  attempt to decipher, decompile, disassemble or reverse engineer any of the software used by Us in Setel App and in providing the Services;

    3.2.o.  fraudulently register a Setel Account. If You are caught impersonating another person, whether an individual or another legal entity, You will be responsible for any costs and/or losses incurred as a result of their fraudulent activity. Abusing the Setel Account may result in immediate termination / suspension of account and report to the relevant authorities; and

    3.2.p.  use Setel App to engage in money-laundering, terrorism financing, drug trafficking, wagering or other fraudulent, illegal or criminal activities or any activities against the law.

  4. TERMS OF USE FOR PURCHASE OF PETROL

    4.1 You agree that you will not purchase fuel or otherwise use the Setel App to purchase fuel:
    (a) if you are refuelling a motorbike;
    (b) if you are under 16 years of age;
    (c) if you do not have a motor vehicle (not a motorbike) or a suitable portable container or a demountable fuel tank to fill whilst you are on the PETRONAS retail forecourt;
    (d) if you are driving or your vehicle is in motion; or
    (e) at any time that you are out of your vehicle and on the PETRONAS retail site forecourt.

    4.2 You agree that you will comply with the relevant PETRONAS site safety rules and regulations at all times while purchasing fuel and using the Setel App.

    4.3 The service of ”Purchase Petrol” can only be used to purchase fuel and is only available at selected PETRONAS sites and during the relevant sites’ operating hours, subject to changes in the operating hours.

    4.4 Some fuel pumps may not be available for use through ”Purchase Petrol” at some PETRONAS sites. Pumps that are not available for use through ”Purchase Petrol” at a PETRONAS site will not appear as an option in the ”Purchase Petrol” menu when you use ”Purchase Petrol” at that PETRONAS site.

  5. INTELLECTUAL PROPERTY RIGHTS

    5.1 You shall use Setel App and /or the Services strictly in accordance with these Terms and Conditions and shall not:

    5.1.a.  decompile, reverse engineer, disassemble, attempt to derive the source code or decrypt Setel App;

    5.1.b.  make any modification, adaptation, improvement, translation or derivative work from Setel App;

    5.1.c.  violate any applicable laws, rules or regulations in connection with your access or use of Setel App;

    5.1.d.  remove, alter or obscure any proprietary notice in connection with Setel App;

    5.1.e.  use Setel App for any revenue-generating endeavour, commercial enterprise or other purposes for which it was not designed or intended;

    5.1.f.  use Setel App for creating a service, product or software which directly or indirectly competes or substitutes the Services offered by Us through Setel App;

    5.1.g.  use Setel App to send out spams or unsolicited emails; or

    5.1.h.  use any of our Intellectual Property or other proprietary information in the design, development of distribution of any applications, accessories or devices for use with Setel App.

    5.2 All Intellectual Property in connection with Setel App, which include all graphics, text, photographs, artwork, logos, user interfaces, sounds, music, computer code, the design, “look and feel”, expression and arrangement of the application, is owned, controlled by or licensed to Us and/or protected by copyright, trademark or other Intellectual Property rights. Save as expressly provided herein, no license is granted to You with respect to our Intellectual Property and You shall not use, copy, reproduce, transmit or distribute any component or part of our Intellectual Property without our prior written consent.

  6. CHARGES

    6.1 We reserve the right to impose any charges, fees or subscriptions for the use of certain Services, if such charges are required. We shall notify You of any changes to the fees and charges imposed by giving twenty one (21) day notice prior to the effective date of the fees and charges.

    6.2 In accessing and using Setel App and/or Services, You shall be fully responsible and liable for all charges and payment due to your communications services provider to access Setel App and the Services including but not limited to telephone charges and internet/data charges.

  7. DISCLAIMER

    7.1 The Services are provided on an “as is” and “as available” basis. We make no representation or warranty, express or implied, that the Services or any feature thereof shall always be reliable, timely, secure or defect free, or that the Services will be uninterrupted and available at all or any particular time or location. You accept that We do not represent or warrant that the platform, system or software will be error-free at all times. You are also aware and acknowledge that the Services rely on third party technologies and facilities including wireless connectivity which are not within our control. You acknowledge the characteristics and limitations of digital and wireless networks and that data may be corrupted, delayed or lost despite security and other measures taken by Us. You agree not to hold Us liable for any failures as highlighted above.

    7.2 You expressly agree that your use of the Services is at your sole risk and discretion and You will assume total responsibility arising therefrom. You will rely on your own review and evaluation of the Services to assess its suitability for your particular purpose. Your sole remedy against Us in the event of dissatisfaction is to cease using the Services.

  8. LIABILITY

    8.1 Our obligations hereunder are strictly to provide the Services. We shall not be liable for the goods, services or any transactions which you conduct with Merchants or other parties via your Setel Account. You shall resolve all and any dispute whether as to quality, safety, merchantability, legality or any other matters directly with the relevant Merchant.

    8.2 You shall be solely responsible for any fees charged by merchants, banks or other third parties, and/or the payment of any tax and any other duties or charges arising from the transaction undertaken by You with Merchants.

  9. DISPUTE RESOLUTION

    9.1 Any disputes regarding your Setel Account and/or transactions made through your Setel Account must be communicated in writing to our customer service, as provided in Clause 11 herein within one (1) month from the date of such transaction(s) and You shall furnish with all necessary supporting documents as and when requested.

    9.2 If We do not receive any written notice within one (1) month from the date of the transaction(s), You are deemed to have agreed that the transaction(s) are accurate.

    9.3 You agree and consent to the disclosure and release by Us of any information in our possession for the purpose of investigating any dispute arising out of or in connection with the transaction(s) through your Setel Account.

  10. TERMINATION AND SUSPENSION

    10.1 You may terminate your Setel Account by contacting Us by email at hello@setel.my.

    10.2 We may without notice suspend the Services from time to time in the event of any security concerns or unexpected technical, system, maintenance, modifications, fixes, bugs or other related issues.

    10.3 We may without notice suspend your Setel Account at any time in the event of any suspicious or fraudulent activity or your violation of any of the Terms and Conditions herein.

    10.4 Your Setel Account may be suspended in the event that it is dormant or no transactions have been effected by You through Setel for a period in excess of six (6) months. You will be required to contact Us to reactivate your account and We reserve the right to charge a reactivation fee.

    10.5 You agree that We may at any time, with or without prior notice and as We deem fit or necessary, suspend or terminate your Setel Account or the Services generally for causes including but not limited to the following:-

    10.5.a.  Your breach of any of these Terms and Conditions;

    10.5.b.  We have reason to believe that your Setel Account is used in connection with any fraudulent, criminal or other illegal activities;

    10.5.c.  if We detect any misuse or abuse of the Services;

    10.5.d.  if We cease for whatsoever reason to provide any or all of the Services; and

    10.5.e.  At the request of BNM or any governmental or law enforcement body or agency.

    10.6 In the event that We terminate your account with Us, all pending transactions and any fees or sums due to Us or other parties will be processed and deducted prior to effective termination. Any remaining credit balance in your Setel Account will be automatically forfeited upon termination and cannot be refunded to You.

  11. REFUND POLICY

    11.1 If you have any available balance in your Setel Account, You shall ensure that You provide to Us the correct bank account details and any other information as may be required by Us to enable Us to process the refund and refund the available balance to your bank account within fourteen (14) working days.

    11.2 If You need a refund in respect of any fees or payments made towards purchases made through your Setel Account, please contact Us at hello@setel.my, subject to Us determining to our satisfaction that your balance was wrongly deducted from your Setel Account due to:

    11.2.a.  technical error of Setel where your attempted transaction does not go through; or

    11.2.b.  goods or services purchased through Setel App was not made available, We may refund to your Account such money into your Setel Account.

    11.3 We reserve our right not to refund any disputed amount arising from disputed transaction(s) to You if We believe You have acted in contrary to these Terms and Conditions.

    11.4 In the event your Setel Account is terminated or suspended by Us due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law or regulations, it shall be lawful for Us to retain for an indefinite period or release to the relevant authorities the balance in your Setel Account in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

  12. CUSTOMER SERVICE

    12.1 You may address your queries or complaints in relation to Setel App or the Services via email at hello@setel.my.

  13. PRIVACY NOTICE

    13.1 You agree to our Privacy Notice, which shall be deemed to be incorporated herein by reference and accept that it forms an essential, and integral part of these Terms and Conditions.

    13.2 You consent to our use of your personal data in accordance with the terms of our Privacy Notice and prevailing privacy policy and for your personal data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010. You agree that by registering an account with Us and/or by using Setel and the Services, You have authorised and consented to your personal data being disclosed to and/or stored and/or processed by such third parties as may be necessary for the purposes of providing the Services to You.

    13.3 You grant Us consent to confirm your personal data with other entities or agencies in order to verify your identity and/or to comply with any legal or regulatory requirements in connection with the Services.

    13.4 You accept that We may be required to revise our Privacy Notice and/or privacy policy from time to time. All revisions will be promptly notified through our website. Your continued use of Setel App and/or the Services shall mean that you have agreed and consented to our Privacy Notice and privacy policy as revised.

  14. GENERAL

    14.1 Governing Law and Jurisdiction

    These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and both parties hereby submit to the exclusive jurisdiction of the Malaysian courts.

    14.2 Severability

    If any one or more of the provisions or terms therein is held by a court of competent jurisdiction to be invalid, void, illegal or unenforceable, the remaining provisions or terms or part thereof shall not in any way whatsoever be affected or impaired or invalidated thereby.

    14.3 Assignment

    We may assign or novate these Terms and Conditions to any third party by written notice to You and You shall do all things necessary including but not limited to executing such documents as may be reasonably required to give effect to such assignment or novation.

    14.4 Forbearance

    14.4.a  No forbearance whether intentionally or otherwise for the time being granted or shown by Us shall release or discharge You or in any manner affect or prejudice our rights at any time to require strict or full performance by You of any or all of the provisions of or your obligations under this Terms and Conditions.

    14.4.b.  Without limiting the meaning thereof, “forbearance” shall be construed to include waiver or failure to require performance of any of the terms in these Terms and Conditions, time or indulgence granted or shown to You.



    Terms and Conditions are updated as at 30th May 2019

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