Welcome to the www.setlary.my and/or the Setlary MY 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 Set Gaji Sdn. Bhd. (Registration No.: 202401017533 (1563383-H)) a
company incorporated in Malaysia and having its registered address at A-21-01, Tower A,
EkoCheras Office Suite, No.693, Jalan Cheras, 56000 Kuala Lumpur (“Setlary MY”, “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 MY 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;
“Advance Salary Access” means the service as described in Clause 4.5;
“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 MY. 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
“Early 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 MY 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 MY through the Platform, including the Early Salary Access service and Advance Salary Access service;
“Terms and Conditions” means these terms and conditions for the Services as may be varied or modified from time to time at Setlary MY’s sole discretion;
“Platform” means the www.setlary.my or the “Setlary MY” 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 MY 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 MY 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 MY finds suspicious activity with regard to your Account, Setlary MY 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 MY provides the Services on an “as is” and “as available” basis. No promise or guarantees are made by Setlary MY or its Affiliates that the Services or any information shown on the Platform will be always available, uninterrupted, or error-free. Setlary MY 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 MY or its affiliates make no warranties, conditions, or other terms of any kind, either express or implied, about the Services. Setlary MY 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 Early Salary Access and/or the Advance 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 MY 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 MY.
4.4. Early Salary Access (Collected Salary)
4.4.1 Early 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. 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 MY and/or your Employer.
4.6 Advance Salary Access (Advanced & Future Salary)
4.6.1 Advanced 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 MY 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 MY may determine, from time to time at its sole discretion.
4.7.2 Any payment by Setlary MY 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 MY or its Affiliates when processing your requests and these fees, charges, and disbursements shall be deducted before the Early Salary, Daily Salary, or Advance Salary being paid to your designated bank account.
4.7.4 Setlary MY 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 Early Salary, Daily Salary, or Advance Salary shall be by way of monthly salary deductions whereby your Employer is authorized to pay directly to Setlary MY or its Affiliates.
4.7.6. Setlary MY retains the rights to recall any payment of the Early Salary, Daily Salary, or Advance 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 MY 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 MY 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 MY shall impose certain fees and charges, as follows:-
6.2 Withdrawal Fee:
Early 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 RM50 per month upon Daily Salary Service being activated. There shall be no cancellation of Daily Salary Access upon activated.
Advanced Salary Access (Advanced & Future Salary)
6.2.4 All fees and charges to be charged by Setlary MY for Advance Salary Access are specifically set out in Terms of Service.
6.3 Setlary MY 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 MY 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 MY 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 MY 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 MY delaying, suspending, or terminating the provision of Services by Setlary MY and in the occurrence of such event, Setlary MY 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 MY 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 MY 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 MY in whatever manner.
9. Data Privacy & Personal Data Protection
9.1 Setlary MY 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 MY 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 MY 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 MY shall be in accordance with the Privacy Policy available on the Platform. A copy Setlary MY’s Privacy Policy is available at the following link: www.setlary.my/privacy-policy
10. Deactivation
Setlary MY 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 MY 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 MY by contacting our support team at [email protected] within 3 days from the date of transaction occurred and Setlary MY shall make any necessary adjustment within 14 Business Day from your complaint provided that:-
11.1.1 Setlary MY 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 MY 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 MY 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 MY 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 MY has been advised of the possibility of such damages.
13. Indemnity
You agree to indemnify and hold Setlary MY 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 Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.
15. Amendment and/or Modification
Setlary MY 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 MY 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 MY.
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 MY, advertisers, agents or any other third party are protected by copyrights and trademarks or other proprietary rights and laws and all Setlary MY’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 MY 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 MY’s respective successors in title and assigns.
Welcome to Setlary Malaysia, an Early Wage Access (EWA) platform.
