Thank you for request
Thank you, we have received your
application and will contact you soon
Thank you, we have received your
application and will contact you soon
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING SETTLER.
1.1. These Terms (hereinafter referred to as the Terms) constitute an offer of Settler DMCC (hereinafter referred to as Company or Settler) to an Internet user (hereinafter referred to as the User) to use Settler service (hereinafter referred to as the Service or Settler Service) in United Arab Emirates.
1.2. The use of the Service by the User is governed by these Terms and Privacy Notice (https://settler.ae/terms-of-use; https://settler.ae/privacy-policy)
1.3. By starting to use the Service / its certain functions, the User is deemed to have accepted these Terms and provisions, in full, without any reservations and exceptions, and is not in dispute with either of provisions of these Terms. If the User disagrees with any provisions of the Terms and/or Regulatory Documents, the User may not use the Service and shall not enter into any arrangements related to utilization of these Terms.
1.4. Settler enables the User to place information on the User’s potential demand for construction related services, overview offers of organizations providing services in the said fields, and search for such offers using parameters set by the User. All currently available functions of the Service along with any developments and/or newly added functions are governed by these Terms.
THE USER ACKNOWLEDGES THAT COMPANY ACTS SOLELY AS THE AGENT IN REGARDS TO BOTH THE USER AND THE CONSTRUCTION PROVIDERS, AND DOES NOT PROVIDE CONSTRUCTION RELATED SERVICES OR FUNCTION AS A PROVIDER FOR EITHER OF THE SERVICES AND THAT ALL SUCH CONSTRUCTION RELATED SERVICES ARE PROVIDED BY THIRD PARTY (PARTIES) – CONSTRUCTION RELATED PROVIDERS ACTING AS INDEPENDENT CONTRACTORS THAT ARE NOT EMPLOYED BY OR ARE NOT OTHERWISE AFFILIATED TO COMPANY OR ANY OF ITS AFFILIATES (CORPORATE OR INDIVIDUAL). THE RELATIONS BETWEEN THE USER AND CONSTRUCTION RELATED PROVIDERS ON THE ACQUISITION OF SERVICES ARE REGULATED BY RELEVANT AGREEMENTS BETWEEN THE USER AND CONSTRUCTION RELATED SERVICES PROVIDER, AND COMPANY IS NOT AND IN NO CASE SHALL BE DEEMED A PARTY OF SUCH AGREEMENTS OR HAVING ANY INFLUENCE OR ABILITY TO IMPACT TERMS OF SUCH AGREEMENTS OR PERFORMANCE OF CONSTRUCTION RELATED PROVIDERS.
1.5. Depending on the User’s location, any or all functions of the Service can be inaccessible or limited. Functions are deemed to be inaccessible (limited) for the User from a certain region if such User is unable to use them explicitly. It is prohibited to apply any technical and software-based methods to circumvent these limitations. Provisions hereof governing functions of the Service inaccessible (limited) for the User will apply until such functions become explicitly accessible for the User. Information on accessibility of functions of the Service in a certain region shall be provided to the User upon his or her request sent to the Company. Information or advice extended by Company to the User in any form is provided gratuitously and without any liability for Company, and the User shall indemnify Company against any liability claims, losses, damage, costs or expenses arising out of third parties relying to such advice or information.
1.6. Any communication held by the User (written and verbal) with the support team and foreman of construction providers - partners of the Service can be monitored and recorded to control quality and improve services.
1.7. By using the Service, the User consents to receive promotional and advertising materials, including emails and messages. The User may unsubscribe from promotional messages by using relevant functions of the Service or following instructions specified in a promotional message received.
2.1. The Service is provided to the User for personal non-commercial use.
2.2. Information on construction related services is provided by third parties (partners) - construction related providers – independently from Company / Settler. The list of partners is available at https://Settler.ae/partners. For more information about the services offered, the User may contact the partners of the Service - construction related providers or provide their contact details through the functions of the Service for the partners of the Service to independently contact the User and provide them with information about construction related services offered.
2.3. Company shall not be held liable for the content and/or relevance of information provided by the partners of the Service - construction related providers, including information on the cost and current availability of the construction related providers’ benefits. The User shall independently (without the participation of Company) discuss the acquisition of services with the construction related providers in accordance with the construction related providers’ rules on the provision of construction related services. Company shall not be held liable for financial and any other transactions effected by the User and the construction related providers and for any consequences of the acquisition of the construction related providers’ services by the User.
2.4. The User may access functions of rating the services of the Service partners - construction related providers and commenting / leaving feedback on the Service and/or services of the construction related providers. Users ratings and feedback are posted on the Service website and can be available on third-party websites. Company reserves the right to refuse to post any ratings / feedback and delete / block, at any time, any rating / feedback the User posted, at own discretion and without giving any reason. Without prejudice and above, any information in any form received by the User from such ratings, feedback, comments in no case shall be deemed as advice or recommendation extended by Company to the User.
2.5. Company reserves the right, at own discretion, to limit user access to the Service (or to certain functions of the Service, if technologically feasible) using the User's account or block the User’s entire account upon multiple violations of these Terms, or to take any other actions against the User to respect legislative requirements or third-party rights and legitimate interests.
2.6. When demand for construction related or other services is higher (including days before holidays, days of mass events and other cases), higher tariffs may be applied by the Service partners temporary. Company will inform of higher tariffs by posting the relevant notice on the Service website https://settler.ae or otherwise as Company thinks fit, inter alia, by sending an information message to the User’s mobile phone number or via mobile application.
2.7 When the User creates a project, the User is agreeing to pay all charges for his booking including the Renovation price, applicable fees like Settler Service fee, any taxes applied to the User under these Terms and / or under the agreements with construction related providers, duties and fees (without limitation to banking fees) and any other items identified during checkout (collectively, “Total Price”). When the User receives the booking confirmation, a contract for design/Renovation/Remodelling Services (a "Reservation") is formed directly between the User and the Service provider. In addition to these Terms, the User will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements or during checkout that apply to the Reservation. It is sole responsibility of the User to read and understand these rules, standards, policies, and requirements prior to booking a Service.
2.8 Cancellation and Refunds.
Settler follows a customer-first approach so the User can feel confident about association with Settler and the services Settler provides.
If the User wishes to cancel a contract or account, notify us at least 30 days before the end of the User’s term (email: info@settler.ae). Upon cancellation and termination, Settler will delete the User’s Customer Data from Settler’s servers.
Subscriptions are automatically renewed after each term.
If the User stops using Settler’s Services or stop participating or collaborating with Settler’s team, Settler will not refund the fees paid by the User for the remaining term, including outstanding balances or payment obligations.
Pause a Project. If the User owes any amount – under these Terms or any other agreement with Settler – that’s 30 days or more overdue, Settler may, without limiting the User’s other rights and remedies, suspend the User’s Project until this amount is paid in full.
If the User wishes to suspend the services (pause a Project) the User has to send respective request to Company at least XX days in advance and seek its approval for such suspension. In any case the suspension (pause) shall not exceed XXX days. For the Project suspension lasting in excess of the term above, the User accepts and understands that resumed works might be charged at different rates and undertakes to pay such difference in full based on the respective terms and conditions set in regards thereto. However, the User cannot suspend a Project without Settler’s prior written approval.
Payment Upon Termination. Upon any termination, the User will pay any unpaid fees and expenses incurred on or before the termination date, including the remainder of any subscription fees of any purchased plan and any outstanding payment obligations. In the event that the User terminate a project for cause, with Settler’s approval or consent, and the User prepaid any fees for the User's Project that the User has not yet received, Settler will refund the User for prepaid fees. If Settler terminates a project for cause, any prepaid fees for the Project charged on a fixed-fee basis are non-refundable, unless expressly stated otherwise in the User’s project.
2.9
NON-SOLICITATION
The User shall not, either directly or indirectly, recruit or solicit (other than by general advertisement) for employment or engagement as an independent contractor, anyone employed or engaged by us or any Service provider and involved in any respect with the User’s Project.
2.10
CUSTOMER COOPERATION
The User must cooperate reasonably and in good faith with us – this means the User needs to:
allocate sufficient resources and time to complete any tasks for Settler to fulfil his obligations under this project;
deliver any Customer deliverables and other obligations required under each Project in a timely manner;
respond to Settler’s inquiries quickly;
assign an internal project manager for each Project who will serve as Settler’s single point of contact;
participate actively in scheduled project meetings;
provide in a timely manner and at no charge to Settler, access to the User’s appropriate and knowledgeable employees and agents, and coordinate onsite, online and telephonic meetings all as reasonably required; and
true, valid, complete accurate and timely information, data and feedback (all as reasonably required).
Company shall be not responsible or liable for any late delivery, or delay, or failure of performance caused in whole or in part by the User’s delay in performing, or failure to perform, any of the User’s obligations under this agreement. Any delays caused by the User, may result in additional charges for resource time.
Settler offers platform as a centralised project management platform that provides status information about the User’s Project. It’s sole responsibility of the User to use Settler platform to cooperate and to communicate with us.
2.11
SCHEDULE AND TIMELINE
Settler always does its best to build relations with all Settler’s partners and make sure they take duties and responsibilities seriously, to enable commercially reasonable efforts to complete the Project successfully by estimated timeline. But Settler does not make and in no case will extend any guarantee ability to complete the Project under that estimated timeline. Be aware that any comments or documentation about potential time frames and anything that refers to schedule or timeline provided by Settler are estimates and opinions only (and are extended in a manner described in the item 1.5 above), final timelines, quality of works, cost of works or services can be established only by Construction Related Provider having due expertise and experience to estimate the scope and cost of required works and assign accurate timelines. Please note, that Settler is not a party to actual service agreements that are or will be entered between User or Construction Related Provider, and only Construction Related Provider has responsibility and is liable (including liability under the law) for quality of performed works or services rendered, reporting documents, increased expenses and default on timelines declared by Construction Related Provider for works. Therefore, any claims related to defaults on timelines, quality of services and works, cost of services, works and materials always must be addressed to Construction Related Provider only, all such claims if received by Settler will be forwarded to Construction Related Provider for resolution, and even though Settler at his own discretion may resolve to assist the User in settling the claim, but will not be party to it and will not entertain such claims.
2.12. The User authorizes Company to process personal information (including personal details) of the User of Service (Settler), to transfer personal information of the User to Company’s partners (construction related providers), and to process personal information for Company’s partners to provide services to the User in the Service. When the User turns to the Service, his/her personal information is transmitted to be processed under the terms and for the purposes determined in the Privacy Notice available at: (https://Settler.ae/legal/Settler_privacy_notice).
3.1. The User can pay for construction related services provided to the User in accordance with the information on potential demand for construction related services the User posted via the Service:
3.1.1. Directly to a construction related provider (inter alia, by cash or by any other means stipulated by the said construction related provider, if any, hereinafter referred to in these Terms and the Service interface as cash). The said payment shall be made without the Company being involved and shall not be governed by these Terms. The said payment method may be restricted for some services due to restrictions are applied in the User’s country.
3.1.2. Via cashless payment through Settler; in this case, Company acts in the name of the relevant construction related provider or otherwise (including directly) with an authorized payment processor, electronic money processor, or any other party to settlements involved or otherwise (including directly) (hereinafter referred to as cashless payments). In the case of cashless payments made through Settler, Company receives payments as a limited payment collection agent of the construction related provider. Company does not guarantee that the operation of the Service will be error- and failure-free in view of enabling cashless payments.
Depending on the User's region, cashless payments can be made without Company acting as a payment recipient or with Company involved as another party to settlements or a party to information exchange.
The User shall choose the relevant form of payment in the Service interface. In this respect, if it is impossible to make cashless payments for any reason (including, but not limited to temporary technical inaccessibility of this function, temporary or constant impossibility to make cashless payments using the Linked Card (as defined below) or insufficient funds in the Linked Card), the User undertakes to pay by cash.
For cashless payments, it is possible to effect both one transaction for the entire cost of construction related or other related services and several transactions for certain parts of the cost of the service. Cashless payments can be affected by any of the above means during the service or when the service is over.
In case of cashless payments, the User can, along with payment for construction related service, make an additional cashless payment to the construction related provider as a percentage of the cost of the construction related or other service (hereinafter referred to in these Terms and the Service interface as Tips) as they think fit.
3.2. For cashless payment via Settler the User shall specify the bank card in the Service interface indicating the following details:
If the bank card details are true, valid and it is technically feasible to use this card in the Service, the said bank card becomes a Linked Card and can be used for cashless payments (cl. 3.1.2 hereof). All Linked Cards are displayed in the Service interface; for the User’s convenience, the interface displays the last 4 digits of the Linked Card number.
3.3. When a Linked Card is added and when the User chooses the function of cashless payment for a certain trip/service, the amount limited to 5 AED (or any other amount in the User’s region currency) will be charged to confirm that the Linked Card details are true and valid; if the transaction is successfully affected, the said amount will be refunded to the User. Failure to charge the said amount means that it is impossible to add this Linked Card and/or the function of cashless payment is unavailable, respectively.
3.4. When adding the Linked Card and at any time after it was added, the User can set and/or change the default number of Tips via the Service interface; the User can change the amount of Tips for a certain trip/service in the Service interface, when the trip/service is over.
3.8. User's cashless payments shall be made with an authorized payment processor or electronic money processor involved and shall be governed by rules of international payment systems, banks (including the bank that issued the Linked card), and other parties to settlements.
3.9. When indicating their details pursuant to cl. 3.2 hereof and further using the Linked Card, the User confirms and guarantees that they indicated reliable and full information on the valid bank card issued in their name; they comply with rules of international payment systems and requirements of the bank that issued the Linked Card, inter alia, in relation to the procedure of cashless payments.
3.10. The User understands and agrees that all actions performed in the Service using the mobile phone number confirmed by the User, inter alia, cashless payments with the use of the Linked Card, are deemed to be performed by the User.
3.11. If the User disagrees with the fact and/or the amount of cashless payments and has any other questions on how to use the Linked Card in the Service, they may contact Company by phone numbers specified by the Service and/or via the help desk (feedback) interface within 14 days from the date of cashless payments or any other actions or events that prompted the request.
If, following the inspection caused by such a request, Company decides to refund the amount of cashless payment, in whole or in part, the said amount shall be refunded to the bank account of the bank card the cashless payment was made with. The refund shall be made with an authorized payment processor or electronic money processor involved and governed by rules of international payment systems, banks (including the bank that issued the Linked Card), and other parties to settlements. If Company is not a party to settlements made via the Linked Card, Company can act as a body that transfers above user requests to construction related providers, dispatch offices, or any other person being a recipient of payments under the above transactions with the Linked Card.Company has no responsibility and will not refund duties and fees charged during payment by bank or payment processor, and the User acknowledges and accepts that the duties and fees may be deducted from amount of refund and will not be reimbursed by Company.
3.12. Company reserves the right to require from User to confirm the details it specified in the Service, including the details of the Linked Card, and request supporting documents in this regard (in particular, identity documents); failure to provide these documents may qualify as the provision of unreliable information and have implications stipulated by cl. 2.5 hereof, if Company thinks fit.
3.13. The provisions on the terms and procedure of payment for construction related or other services, including delivery services, specified in this Section shall not apply, when a third party pays for such construction related or other services instead of the User under a separate contract Company signed with such third party.
3.14 The User irrevocably warrants and guarantees that the funds used by the User for payment under these Terms to Company or construction related provider(s) represent lawful funds of the User and / or the User is authorized to utilize such funds for the purposes compiling scope of these Terms.
4.1. These Terms of Use of Settler arising out of or in connection with these Terms shall be governed by and construed in accordance with the current law of the UAE, as applied in the Emirate of Dubai.
4.2.Settler and the User will always apply their best efforts to resolve any disputes amicably.
4.3. If Settler and the User fail to resolve any dispute within 120 days from arising, the dispute shall be handled to court for final resolution. Dubai Courts shall have exclusive jurisdiction over any disputes arising from these Terms. If dispute is handled to Arbitration, the plaintiff shall pay all initial costs required for launching arbitration, including fees for arbitrators’ appointment. The disputes heard by Arbitration shall be heard by three arbitrators, where by one is appointed by each of the parties, and so appointed arbitrators shall appoint the presiding one at expense of the plaintiff. Arbitration shall be held in the English language and proceedings shall be governed by the ICCA Rules. Arbitration award shall be final and binding upon the parties, and shall not be disputed regardless any other applicable legislation. With above, following final resolution of dispute, the winning party shall be entitled to reimbursement of its legal and judicial expenses under the separate claim, and amount of such reimbursement shall not be less UAE Dirhams 8,000.
4.3. If the User wishes to log claim or dispute any of the construction related provider’s services, without limitation to timelines, cost, quality of the Service provided, such claim shall be addressed directly to the construction related provider, and such claims will not be entertained by the Settler under no circumstances. Without prejudice to above, Settler at sole own discretion, may assist the User in its dispute or proceedings initiated against construction related provider.
5.1. This Terms and Privacy Notice may be unilaterally amended by the Company, at any time without notice to the User. User notification of the amendments introduced to the Terms of Use of Settler posted at: https://settler.ae/terms-of-use. The said amendments to the Terms shall come into effect from the date of their publication, unless otherwise specified in the relevant publication. The User bears a risk of failure to review a new version of the Terms and Regulatory Documents. Any continued use of the Service after the Terms or Regulatory Documents have been changed will qualify as the acceptance of the new version.
5.2. The User shall stop using the Service, if he or she disagrees with any amendments to these Terms Company made as prescribed by s. 5.1 hereof.
5.3. The User accepts and agrees that Settler’s right to terminate the Settler Plus program, or these Terms of Use, are not subject to obtaining any prior order of a court.
Settler DMCC
Unit no RET-R6-070, detached retail R6, plot no JLT-PH2-RET-R6, JLT, Dubai, UAE
e-mail: info@settler.ae
website: settler.ae
