Capitalised words used in these Terms shall have, in both their singular and plural forms, the meaning ascribed to them as follows:
“Ablr Services” means the services made available on the Ablr App that offers Customers the ability to purchase and make payment for Items on deferred payment terms, in instalments with a Factoring Entity providing financing.
“Account” means a user account that Customers will need to register on the Ablr App in order to access and use the Ablr App and Ablr Services.
“Credit Limit” has the meaning given to it in Clause 4.3.2.
“Down Payment” means an upfront payment which the Customer may be required to pay to Ablr for the difference in amount where the Purchase Price exceeds the Credit Limit.
“Retail Price” means the advertised or retail price, or (if the Customer and Merchant agree) the agreed price or fee for an Item (including tax).
“Factoring Entity” means an entity who purchases the Receivables from the Merchant, which includes Ablr, or any other entity controlling, controlled by or is under common control with Ablr, or any joint venture in relation to which Ablr has the ability to influence the business decisions of that joint venture, or any third party entity.
“Instalment Payment” has the meaning given to it in Clause 6.4.
“Invoice” means an invoice issued by or on behalf of a Merchant to a Customer requiring the Customer to pay the Retail Price for an Item;
“Item” means an item of product or service that a Customer wishes to procure from the Merchant through the Ablr App using Ablr Services.
“Merchant” means participating retailers, merchants, stores, or owners of websites of stores which have been approved by us.
“Order” means a request submitted by a Customer to us, to use the Ablr Services to pay for an Item offered by a Merchant, whether on an online shop or at a physical store.
“Payment Method” has the meaning given to it in Clause 4.1(e).
“Preferred Payment Method” has the meaning given to it in Clause 5.1.1(b).
“Payment Plan” has the meaning given to it in Clause 6.4.
“Personal Data” means any data or information which is about an individual and which relates directly or indirectly to an individual from which the identity of the individual can be directly or indirectly ascertained, and which is held by or is under the control of Ablr and/or Merchants.
“Purchase Price” means the aggregate of the Retail Price and, if applicable, User Processing Fee payable to us for the purchase of an Item.
“Receivables” means the sum stated in an Invoice issued by or on behalf of a Merchant to and accepted as payable by a Customer, and all Related Rights attached to the Customer’s acceptance of the Invoice.
“Refund Amount” has the meaning given to it in Clause 7.3.
“Related Rights” means the Merchant’s rights under an Invoice, or any other commercial document, for payment of the Retail Price, including but not limited to the right to receive payment from the Customer of any amount payable to the Merchant under the Invoice, right to make demand for payment thereunder (including, without limitation, all rights, damages and claims which are or may become due to the Merchant under or pursuant to the Invoice), and all such other rights available to the Merchant under the relevant Invoice or commercial document.
“User Processing Fees” means a fee that is charged by Ablr to the Customer for use of the Ablr App and Ablr Services to cover costs incurred by Ablr for providing the Ablr Services, calculated as a percentage of the Retail Price which may be varied from time to time, subject to the Payment Plan.
2. Ablr Services
2.1. We provide the Ablr Services through the Ablr App. The Ablr Services facilitate a Merchant offering a Customer the option to purchase and pay for an Item on terms that the Customer’s obligation to pay the Face Value of an Item to the Merchant is replaced with an obligation to pay the Retail Price to a Factoring Entity which acquires the Merchant’s right to receive payment of the Retail Price.
2.2. By using the Ablr Service and placing an Order with a Merchant, you acknowledge and agree that the Merchant will sell and irrevocably assign the Receivables to a Factoring Entity.
2.3. You acknowledge and agree that:
2.4. The Merchants remain fully responsible for their Items and the purchase of the Items shall remain a contract between yourself and the Merchant. Ablr expressly disclaims all warranties related to the Merchant’s sale of the Items, express or implied, including any warranties of accuracy, reliability, implied warranties for merchantable quality and fitness for a particular purpose, and non-infringement. The Merchant is solely responsible for any liabilities incurred and obligations derived from and in the course of providing the Items. Any fees charged by the Merchant for use of the Items (if any) do not represent any fees charged or intended to be charged by Ablr to any customers in any way.
2.5. Due to the nature of the internet, Ablr cannot guarantee the continuous and uninterrupted availability and accessibility of the Ablr App. Ablr may restrict the availability of the Ablr App or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Ablr App. Ablr may improve, enhance, and modify the Ablr App from time to time. Ablr shall not be liable in any way to you for any interruption to the use of the Ablr Services during such period of maintenance or system upgrades.
3. Debt to Ablr
By using the Ablr Service and placing an Order with a Merchant, you provide unconditional and irrevocable consent and direction for the Factoring Entity to pay the Merchant on your behalf in exchange for your agreement and obligation to repay or pay to us the Purchase Price and any applicable fees in accordance with these Terms and your Payment Plan.
4. Eligibility; Account Creation; Member Verification
4.1.2. By creating an Account, you represent and warrant that you are eligible and meet all the requirements in Clause 4.1.1.
4.3. Verification and Other Checks.
5. Payment Details
5.1. Payment Methods
5.2. Payment Terms
6.1. Upon selecting the Ablr Services as a payment method for purchasing an Item, you are deemed to have placed an Order.
6.2. If you wish to make an Order at a Merchant’s physical store, you must key in the correct Retail Price on the Ablr App. We shall not bear any liability or responsibility for losses of any kind that you may incur as a result of your failing to input the correct Retail Price. If you discover an error after the Order has been approved, you may immediately request that we cancel the Order and refund you for any amount paid. We may, but shall not be obliged to, process a full refund (excluding any User Processing Fees already paid) and allow you to make another Order afresh.
6.3. Orders are subject to Ablr's approval. We may, in our sole discretion, choose not to approve an Order, or cancel an approved Order before the Item is delivered or supplied, for any reason including but not limited to your history of Orders or to prevent against fraud, legal, regulatory or non-payment risk.
6.4. If your Order is approved, you will be notified via the Ablr App of the same. The Ablr App will also inform you of (a) your selected payment plan (“Payment Plan”) showing the amount and due dates for each instalment payment (“Instalment Payment”); and (b) Preferred Payment Method. You will be required to confirm that you have reviewed this information and accepted it. These details are also available for view in your Account on the Ablr App.
6.5. You agree to pay, and accept sole liability for, the full amount of the Instalment Payments. Each Instalment Payment will be collected by charging your Preferred Payment Method on the due date(s) specified in your Payment Plan. If you do not make the Instalment Payments as and when they fall due (including if the Payment Method is declined), or if such payments are not successfully processed on the relevant due date, you will be immediately suspended from the Ablr App, your Account may be deactivated, and you may be charged administrative charges; for more information, please see Clause 8 below. You may additionally be subject to fees or charges assessed by your card provider, payment provider, payment processor and/or any other financial institution providing the relevant Payment Method. Please note that a late or rejected payment may occur because you did not update your Account with all changes to your credit/debit card information and your Preferred Payment Method.
7.1. All returns and refunds of Orders are subject to the Merchant’s refunds policy. If you decide to return the Item purchased using the Ablr Services, and request for a refund, you will directly contact the Merchant to request for the refund according to the Merchant’s applicable policy. For the avoidance of doubt, we are not under any obligation to notify the Merchant of any refund requested by you.
7.2. Where you request for a refund (whether full or partial), you acknowledge that refunds are conditional upon the Merchant’s acceptance, upon which the Merchant will submit a request for refund to us within a period agreed between us and the Merchant for processing a refund request. If we reject the refund request by the Merchant due to failure on the Merchant’s part to submit the refund request within the agreed period, the Merchant will deal directly with you with respect to the refund. Unless we receive the refund request from the Merchant within the agreed period, we will continue to process the Instalment Payments in accordance with the dates set out in your Payment Plan.
7.3. Once the refund request has been processed, we will issue the refund amount agreed between you and the Merchant (less any refund charges that may apply) (“Refund Amount”) to the Payment Method you have selected for making payment under the Payment Plan, or adjust your Instalment Payments appropriately.
7.4. In the event of a partial refund, the Refund Amount will be taken off the next due Instalment Payment, and then to the subsequent Instalment Payment until all of your remaining payment obligations are extinguished, as applicable depending on the Refund Amount. If the Refund Amount is greater than the aggregate amount owed under subsequent Instalment Payments, the difference will be refunded to the Payment Method you have selected for making payment under the Payment Plan.
7.5. In the event of a full refund, we will cancel all the Instalment Payments, and if you have already made any Instalment Payment, we will refund the amount (less any refund charges that may apply) to your selected Payment Method under the Payment Plan.
7.6. While we will process refunds as soon as reasonably practicable, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., third-party online payment processor, Visa, Mastercard, etc.) rules and practices. You acknowledge and agree that any Refund Amount due to be repaid to your relevant Payment Method is subject to handling methods outside our control and you shall not hold us responsible for any delays in relation to the same.
8. Account Suspension
8.1. Your eligibility to use the Ablr Services shall be assessed and determined on an ongoing basis at our sole discretion. We reserve the right to deny, suspend or terminate provision of the Ablr Services or your Account at any time and for any reason without consent or prior notice. We shall not bear any liability or responsibility for any losses of any kind to you or any third party as a result of any termination or suspension or any other action taken by us in connection with such termination or suspension. For the avoidance of doubt, this shall include any losses that may be incurred in relation to any payment made on items incorrectly billed or for any delay in the actual date on which your account is debited or your Payment Method is charged.
8.2. In the event your Account is suspended or closed, all sums owing under your Account, including all remaining Instalment Payments, will become immediately due and payable and you will be required to pay all the amounts due, legal and any administrative fees as may be determined by us.
9. Account Termination
9.1. You may request to close your Account at any time by contacting us at firstname.lastname@example.org. Your request may take up to thirty (30) calendar days to process.
9.2. Your request to close your Account will be denied if:
10. Intellectual Property
All content included in or made available through the Ablr Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software (or any part or component thereof) is protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) owned by Ablr or its affiliates. The copying, redistribution, use or publication by you of any part of the Ablr Services, unless expressly permitted under these Terms, is strictly prohibited. Use of the Ablr Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. The posting of information or materials on the Ablr Services does not constitute a waiver of any right in such information and materials.
11. Trademark Notices
The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Ablr Services are registered and unregistered Trademarks of Ablr and/or the respective Merchants offering Merchant Services on the Ablr App. Nothing on the Ablr Services should be construed as granting you, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Ablr intellectual property displayed on the Ablr Services. The name “Ablr” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Ablr Services, without prior written permission from Ablr.
12.1. All notices or other communications shall be given in writing in the English language and shall be delivered:
12.2. All emails and text messages shall be deemed received upon successful transmission unless stipulated otherwise.
13. Transfers or Assignments
13.1. You shall not transfer or assign any rights and/or obligations you may have under these Terms without our prior written consent.
13.2. We may transfer, assign, or novate these Terms, and any rights, obligations and conditions under these Terms, to a third party without your consent or notice.
14. Conflict of Terms
14.1. Additional terms and conditions may apply to purchases of Items, and to specific portions or features of the Ablr App, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Ablr App or for any service offered on or through the Ablr App, the latter terms shall prevail with respect to your use of that portion of the Ablr App or the specific service.
15.1. You agree to release, indemnify and hold harmless Ablr or its subsidiaries, partners, affiliates, employees, directors, officers, agents, representatives and/or any third parties providing services for and/or on behalf of Ablr (“Indemnified Parties”) from and against any claims, liabilities, damages, losses and expenses, including without limitation any legal and/or accounting fees on an indemnity basis, arising out of or in any way related to these Terms, your use of the Ablr App and Ablr Services.
15.2. You acknowledge that a breach by you of a clauses 4.1, 4.2.5(a), and 4.2.5(e) would cause significant detriment to Ablr. You agree that monetary damages may not be a sufficient remedy, and irrevocably consent to Ablr seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law.
15.3. If Ablr reasonably considers that you have breached an obligation under these Terms in relation to your identity, the information you provide to us and/or your use of your Account and our Ablr Services, you agree, on request from Ablr, to provide Ablr with copies of all documents, notes or communications in relation to such alleged breach.
16. Limitation of Liability
16.1. To the extent permitted by law, under no circumstances shall the Indemnified Parties be liable to you or any third parties for any indirect, incidental, consequential, special or exemplary damages (whether in contract, tort, equity or otherwise), arising out of or relating to the use of the Ablr App and the Ablr Services.
16.2. You agree that the aggregate liability of the Indemnified Parties to you for all claims arising out of or related to the Terms, the use of the Ablr App, the Ablr Services, or Ablr’s liabilities to third parties arising from any source will not exceed the amount of any affected Order(s) giving rise to such damages. These limitations will apply even if the above stated remedy fails of its essential purpose.
17. Disclaimer of Warranties
17.1. THE ABLR SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ABLR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
17.2. ABLR DOES NOT WARRANT OR GUARANTEE THAT THE ABLR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE ABLR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE ABLR SERVICES WILL OPERATE WITHOUT ANY DELAY; THAT THE ABLR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR ERROR-FREE, SECURE, FREE FROM MALWARE, VIRUS, AND DEFECT; AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
17.3. Ablr does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a Merchant. Ablr does not have control of, or liability for, the Items that are bought or sold through the Ablr App.
18.1. These Terms, as amended from time to time, are effective until you terminate your Account, and all amounts due to us, or Merchants have been paid. The following provisions of these Terms shall survive termination of your use or access to the Ablr Services: Clauses 15 (Indemnification), 16 (Limitation of Liability), 17 (Disclaimer of Warranties), 18 (Miscellaneous), 19 (Disputes), 20 (Applicable Law and Jurisdiction), and any other provision that by its terms or implication survives termination of your use or access to the Ablr Services.
18.2. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms.
18.3. These Terms constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other Party has not made any representations, warranties, or agreements of any kind, except as expressly set forth herein.
18.4. No failure on our part to exercise and no delay on our part in exercising any right under the Terms will operate as a release or waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise of it.
18.5. Unless indicated otherwise, a person who is not subject to these Terms shall have no right to enforce or enjoy the benefit of any terms under these Terms.
18.6. Nothing in these Terms shall be deemed to constitute or imply any partnership, joint venture, agency, fiduciary relationship, or other relationship between the Parties other than the contractual relationship expressly provided for in these Terms.
18.7. Neither Party shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond the reasonable control of that Party, except for payment obligations. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
18.8. Without prejudice to any other rights or remedies a Party may have, the Parties each acknowledge and agree that damages may not be an adequate remedy for any breach of these Terms and the Parties shall be entitled to the remedies of injunction, specific performance, and other equitable relief (but for the avoidance of doubt no right of rescission or, unless expressly permitted, termination) for any threatened or actual breach of these Terms.
19.1. In the event of a controversy, dispute, or claim (jointly and severally, a “Dispute”) in relation to, in connection with, or arising out of, the quality or delivery of the Items, please file a dispute through direct contact with the Merchant.
19.2. In the event of a Dispute in relation to, in connection with, or arising out of your use of Ablr Services, the Dispute shall be submitted before the exclusive jurisdiction of the courts of Malaysia.
20. Applicable Law and Jurisdiction
Except as expressly provided otherwise, these Terms and the relationship between you and us are governed by, and will be construed in accordance with the laws of Malaysia.
If you have any questions, complaints or claims with respect to the Ablr Services, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.