1. Acceptance of Terms

By accessing or using WeSettle's products/services/website, you hereby agree that by clicking “Sign Up” or any terms of similar nature, registering, accessing or using our Services, you acknowledge that you have read and fully understand and agree to be legally bound by these Terms and Conditions, these Terms and Conditions includes our Privacy Policy and any additional guidelines and policies incorporated by reference from time to time onto these Terms and Conditions. If you do not agree with any part of these terms, do not click "Sign Up" or any terms of similar nature and do not access or otherwise use any of our Services.

2. Definitions

When used in this Terms and Conditions, each of the following words and phrases shall have the meanings set out below:

Additional Policies : Any and all other operating rules, policies, and / or guidelines in addition to the Terms and Conditions, that may govern the use of the Website and which is made known to you from time to time.

Authorised Person : any person or individual authorised to use and access the Account.

Beneficiary : a business entity or individual authorized by you as the receiver of Payment Amount.

Business Days : any working day excluding Saturday, Sunday and public holidays in Malaysia.

Company/ies : an organization that runs a business who is responsible for the whole operation that is related to the organization.

Services : the services provided by us on our Website or through any other means.

User, you or your : you and any other person (authorized by you) or any entity using the Services.

User Account : a user’s account that is created by an individual or business for accessing and using WeSettle Services.

Website : the website located at https://www.wesettle.my and all related web pages or any other media in an electronic form.

We, us or our means WeSettle Sdn Bhd

3. WeSettle Account

You are required to sign up in order to use WeSettle Services by providing the below details:

  1. Full name (as per NRIC)
  2. Phone number
  3. Email address
  4. Company SSM

We have the right to close, suspend, limit,or terminate your access to your WeSettle account or our Services without notice or reference to you if we discover that:

  1. You have violated our terms and conditions, policies, or guidelines.
  2. You have engaged in fraudulent or unauthorized activities.
  3. You are using our Services for illegal purposes or to facilitate illegal activities.
  4. Your actions or conduct disrupt or pose a threat to the security, stability, or reputation of our platform.
  5. You have provided false, inaccurate, or misleading information during the registration process or in your interactions with us.

In such cases, we reserve the right to take appropriate actions to protect the integrity of our platform and the interests of our users and partners.

4. Payments

WeSettle will charge a fee to users for every transaction initiated using the service. The fee will be charged on a per-transaction basis in addition to the final payment amount. Kindly refer to the table below for the charges:

WeSettle Service Charge2.2% of the value of transaction
Refund FeeRM10.00 per refund

Payments will be processed within 3 working days to the user Payee.

We accept all credit cards issued by Visa and Mastercard.

WeSettle reserves the right to revise or modify the transaction limit from time to time at its sole discretion.

Upon completion of the payment to user Payee, you hereby agree, accept and acknowledge that no cancellations or chargebacks are permitted through us or the website. You shall be responsible for the payment of any disputes arising out of or in connection with your payment and any refund,cancellation or chargeback fee, assessment, penalties and fines.

We are not liable for any fees raised by third parties including, but not limited to, card issuers, for the usage of our Services.

5. Refund Policy

In any case, if your payment is not processed or wrongly processed for any reason, including but not limited to the following reasons:

  1. Wrong user Payee account details provided by you
  2. Wrong final amount entered by you
  3. Duplicate entries created by you
  4. Improper documentation provided by you, etc.

WeSettle shall not be responsible for any delays in payments or incorrect transferring of the payment amount. WeSettle may choose, but is not under any obligation, to assist the user out of goodwill in contacting the party that received the payment to request a refund to be issued to the user. However, WeSettle does not offer any warranty or guarantee that such a refund can be successfully obtained or procured. Nevertheless, WeSettle shall not be liable to reimburse any payment amount or to reverse any transaction that has been made as a result of the user’s error or negligence.

In the case that a payment should be refunded, canceled, or charged back by the user’s issuing bank or any other person, the user is entitled to the return/refund of the principal amount, excluding any associated WeSettle service charge and refund fee, irrespective of the reason for such refund, cancellation, or chargeback.

In the case that the user has requested a refund but the payment has been processed and sent to the financial institution, a refund/cancellation/return cannot be performed. The user is also responsible for the payment of any associated payment dispute and refund fees.

6. Prohibited Activities

You must use our Services for your own lawful, internal business or personal purposes and must not resell or make available our Services to any third party, or otherwise commercially exploit our Services.

When accessing and using our Services, you shall not engage or use our Services:

  1. to send money to yourself and/or to your personal or any associated business accounts;
  2. to provide yourself or any other person with a cash advance;
  3. to create or make a Payment with a credit card that does not belong to you or which you are not authorised to use;
  4. for any money laundering and financing terrorism activities;
  5. to send or receive potentially fraudulent funds;
  6. for gambling and any related activities, including but not limited to lotteries, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues, internet gaming, contests, sweepstakes, and games of chance;
  7. to act illegally or maliciously against the business interests or reputation of us, our Website and our Services; and/or
  8. to engage in any other activities deemed by us to be in conflict with the spirit and intent of these Terms and Conditions.

When using our Services, you must:

  1. not attempt to undermine the security or integrity of our Website; and;
  2. not use, or misuse, our Services in any way which may impair the functionality of the Website or impair the ability of any other users to use our Services.
7. Privacy

By using our products/services, you consent to receiving communication from us, including emails, newsletters, and promotional materials. Kindly do not use our Services if you object to your data being used in the ways as described above.

8. Taxes

It is your responsibility to determine what, if any, taxes apply to the Payments you make, and it is your responsibility to collect, report and remit the correct taxes to the appropriate tax authority. We shall not be responsible for determining whether taxes apply to your Payments or for collecting, reporting or remitting any taxes arising from all and any of your Payments.

9. Availability of the Website

While we strive to provide continuous and uninterrupted access to our website, we do not guarantee the availability of our website at all times. We may need to perform maintenance, updates, or experience technical issues that could temporarily affect access. We shall not be liable for any loss, inconvenience, or damage resulting from the unavailability of our website.

In the event of scheduled maintenance, we will make reasonable efforts to provide advance notice to users. However, we reserve the right to perform emergency maintenance without prior notice.

We also do not warrant that our website will be free from viruses or other harmful components, and you should take appropriate measures to ensure your own online security.

10. Ownership of the Website

The WeSettle website, including all content, graphics, designs, logos, text, images, software, and other materials, is owned and operated by WeSettle. All materials on this website are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved.

You acknowledge and agree that WeSettle retains all ownership rights to the website and its contents. You may use the website for personal, non-commercial purposes only. Except as expressly permitted by applicable copyright laws or with our prior written consent, you may not reproduce, distribute, modify, display, prepare derivative works of, or otherwise exploit any of the materials on this website.

Unauthorized use of any materials on this website may violate copyright, trademark, and other applicable laws and could result in legal consequences.

11. Third Party Website

Our website may contain links to third-party websites or services that are not owned or controlled by WeSettle. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that WeSettle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. Intellectual Property

All intellectual property rights related to our products/services/website, including but not limited to trademarks, copyrights, and patents, belong to WeSettle.

You are granted a limited, non-exclusive, non-transferable license to use our materials solely for business use. You may not distribute, reproduce, modify, or create derivative works from our materials without our explicit consent.

13. Disclaimer of Warranty

The information, products, and services provided by WeSettle are provided "as is" and "as available" without any warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the information, products, or services will be accurate, reliable, uninterrupted, or error-free, or that any defects will be corrected. You acknowledge and agree that your use of our information, products, and services is at your sole risk and discretion.

Any content downloaded or otherwise obtained through the use of our website is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

The Website is controlled and offered by us from our offices in Malaysia. We make no representations that the Website is appropriate or available for use in other countries or regions. Those who access or use the Website from other jurisdictions will have to satisfy themselves and ensure that they comply with local laws or regulations.

14. Limitation of Liability

You irrevocably agree that we are merely providing you a platform and therefore, you further acknowledge and agree that we are not responsible for:

  1. any breaches, fraud, dishonesty, misfeasance or failure to discharge any duty of care or obligations on the part of any third parties contracting with you on the Website; and
  2. any claims for injuries, illnesses, damages, liabilities and costs that you may suffer, directly or indirectly, in full or in part as a result of the acts or omissions of such payors or third parties or anything in relation to any contract or transaction that you may enter into with such payors or third parties, whether related to the use of our Services and/or our Website.

To the fullest extent permitted by the law, you agree to and hereby waive and release us and our holding company, subsidiaries, affiliate partners, officers, directors, staff members, stakeholders and agents from any liabilities arising from or related to:

  1. any breaches, misfeasance or failure to discharge any duty of care or obligations on the part of any landlords or third parties contracting with you on the Website; and
  2. any indirect, special, punitive, consequential (including but not limited to lost of profits or lost of data collected through our Services), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for:

  1. any errors, mistakes or inaccuracies of the content;
  2. any personal injury or property damage, or any nature whatsoever, resulting from your access to or use of our Services;
  3. any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
  4. any interruption or cessation of transmission to or from the Services;
  5. any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party;
  6. any errors or omissions in any content or for any loss or damage incurred as a result of the use or any content posted, emailed, transmitted, or otherwise made available through our Services; and/or
  7. any user content or the defamatory, offensive, or illegal conduct of any third party.

While receiving and processing the Payments, we merely act on the instructions of you and we shall not be liable for anything either before processing of the Payments or after we have processed the Payments.

Without prejudice to any provisions under this Clause 14, in no event shall the aggregate liability of us to you exceed RM1,000.00.

15. Indemnity

You agree to defend, indemnify, and hold harmless WeSettle and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, arising out of or in connection with:

  1. Your use of our website, products, or services.
  2. Your violation of any term, condition, law, or regulation.
  3. Your violation of the rights of any third party, including but not limited to copyright, trademark, or privacy rights.
  4. Any claims or actions related to your content or submissions.
  5. the information, details, content and documentations that are submitted via your WeSettle account is misleading, false, incomplete or inaccurate;
  6. any other party's access and use of the Service with your unique username, password;
  7. your negligent or wilful act, omission or misconduct;
  8. the acts, omissions and default of your agents or representative in relation to the use of and access to the Website and our Services.

This indemnity obligation will survive the termination of your relationship with WeSettle.

16. Termination

We reserve the right to terminate or suspend your access to WeSettle services at our discretion, without notice or liability, for any reason, including but not limited to:

  1. Breach of Terms : Violation of our terms and conditions, policies, or guidelines.
  2. Misuse : Misuse of our services for fraudulent, illegal, or unauthorized activities.
  3. Disruption : Actions that disrupt the security, stability, or reputation of our platform.
  4. False Information : Providing false, inaccurate, or misleading information.

Upon termination, your right to use our services will immediately cease, and any outstanding fees or charges will become due. We may also pursue legal actions if necessary.Notwithstanding the foregoing, these Terms of Condition shall survive any termination or suspension contemplated hereunder in favour of us.

You can request termination of your account by contacting us at [email protected]. Upon receiving your request, we will initiate the termination process, subject to any outstanding obligations on your part.

17. Entire Agreement

This agreement constitutes the entire agreement between you and WeSettle and supersedes and extinguishes all previous drafts, agreements, arrangements, and understandings between you and WeSettle, whether written or oral, relating to our Services. Further, the following documents are incorporated into these terms and conditions:

  1. Privacy Policy
  2. FAQ

In the event of any inconsistency between these Terms & Conditions and the above mentioned documents, these Terms & Conditions shall prevail.

18. Non Waiver

The failure of WeSettle to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms and conditions will be effective only if it is in writing and signed by an authorized representative of WeSettle. A waiver of any right or provision shall not be deemed a further or continuing waiver of such right or provision or any other right or provision.

19. Severability

If any provision of these terms and conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms and conditions as a whole unenforceable or invalid. Instead, the unenforceable or invalid provision will be modified or interpreted to accomplish its intended purpose to the maximum extent permitted by law, and the remaining provisions will continue to be in full force and effect.

20. Assignability

These Terms of Condition, along with any rights and licenses granted herein, cannot be assigned, transferred, or sublicensed by you without our prior written consent. However, we retain the right to assign them without any limitations. Any attempt to transfer or assign in violation of this clause shall be deemed null and void. Notwithstanding, we reserve the sole and absolute right to make such transfers or assignments without the need for reference or consent from you

21. Independent Contractors

Neither you nor us, nor any third party, shall construe anything herein as establishing a relationship of principal and agent, partnership, or joint venture between you and us, or between any of your and our respective agents

22. Governing Laws

These Terms, all matters relating to your use of our Website and all matters relating to the use of the WeSettle Service shall be governed by, and construed in accordance with, the laws of Malaysia. By using the WeSettle Service you submit to the exclusive jurisdiction of the Courts of Malaysia.

23. Changes to Terms and Condition

We reserve the right to modify these terms and conditions at any time. Changes will be effective upon posting to our website.