Please read these Terms of Service (“Terms”) carefully. By using the Platform and the Ablr Services, you agree to be bound by these Terms and are deemed to have executed these Terms electronically. The headings contained in this document are for reference purposes only. You should print a copy of these Terms for your records.
We reserve the right to modify, vary and change the Terms of Service or our policies relating to the Terms of Service at any time as we deem fit. Such modifications, variations and or changes to the Terms of Service or its policies relating to the Ablr Services (as defined below) shall be effective upon the posting of an updated version on our Website. You agree that it shall be your responsibility to review the Terms of Service regularly, whereupon the continued use of any of the Ablr Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to these changes.
1.1 These Terms are a legally binding agreement between you (“you”, “your” or the “Customer”) and Ablr Sdn Bhd doing business as Ablr (“we”, “us”, “our”, “Ablr”) (collectively, the “Parties” and each a “Party”).
1.2 These Terms shall govern your use of the Ablr website, including any subdomains thereof, and any other websites through which Ablr makes its services available, our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Platform”) and the services provided through the Platform in the manner described in Clause 2.1.
2.1 We operate a Platform (“Ablr Platform”) on which participating retailers, merchants, stores or owners of websites of online stores, including those owned and operated by Ablr (“Merchants”) offer you the option to make payment for their goods and/or services (“Merchant Services”) on an instalment basis(“Instalment Payment Structure”). The services performed by the Platform that facilitates the Instalment Payment Structure shall be referred to as the “Ablr Services”.
2.2 For the avoidance of doubt, the Ablr Services do not constitute a lending or credit facility offered by Ablr to you, and Ablr does not provide any credit to you.
2.3 Merchants remain fully responsible for their Merchant Services and the purchase of the Merchant Services shall remain a contract between yourself and the Merchant. Ablr expressly disclaims all warranties related to the Merchant’s sale of the Merchant Services, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, 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 Merchant Services. Any fees charged by the Merchant for the use of Ablr Services (if any) do not represent any fees charged or intended to be charged by Ablr to any customers in any way.
2.4 Due to the nature of the internet, Ablr cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Ablr may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, orto carry out maintenance measures that ensure the proper or improved functioning of the Platform. Ablr may improve, enhance and modify the Platform from time to time. Ablr shall not be liable in any way to you for any interruption to the use of the Ablr Service during such period of maintenance or system upgrades.
3.1.1 To be eligible to use the Platform and/or the Ablr Services, you must:
3.2.5 In consideration for your use of your Account, you agree to:
3.3 Verification and Other Checks
4.1 Payment Methods
4.1.1 To complete the opening of an Account, you will be required to:
4.1.2 For the avoidance of doubt, you shall be responsible for ensuring that you have sufficient funds available in relation to your Payment Method(s). As such Payment Methods are provided by other third parties, Ablr accepts no liability in relation to the same. You agree to be bound by any rules of such other third party and are responsible for all fees charged by the same.
5.1 When you select the Instalment Payment Structure as a means of payment for Merchant Services, you are deemed to make an order with that Merchant under the terms of the Instalment Payment Agreement, available at https://ablr.com/my/en/installment-payment (“Order”). Orders are subject to the Merchant's and Ablr's approvals. We may, in our sole discretion, decline to facilitate the Instalment Payment Structure for an Order, or cancel an approved Order before the Merchant Services are delivered or supplied, for any reason including but not limited to your history of Orders orto prevent against fraud, legal, regulatory or non-payment risk.
5.2 The use of the Instalment Payment Structure may not be available for all purchases of all Merchant Services, and we may, at our sole discretion, set certain prescribed minimum or maximum purchase amounts for which the Instalment Payment Structure will be available.
5.3 Upon the completion of an Order and Ablr’s approval of the same, the Merchant will immediately selland irrevocably assign the Merchant’s rights under the relevant Instalment Payment Agreement to Ablr or a third-party assignee designated by Ablr (the “Assignee”).
5.4 If your Order is approved, you will be notified via the Platform of the same. The Platform will also inform you of (a) your payment plan (“Payment Plan”) showing the amount and due dates for each instalment payment (“Instalment Payment”); and (b) will indicate your preferred Payment Method (“Preferred Payment Method”). You will be required to confirm that you have reviewed this information and accepted it (“Payment Plan Confirmation”). These details are also available for view in your account on the Platform. The Instalment Payment Agreement, Payment Plan and your Payment Plan Confirmation for each Order are both hereby incorporated into these Terms.
5.5 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 Platform, your Account may be deactivated, and you may be charged administrative charges; for more information, please see Clause 7 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.
6.1 If you wish to make an Order at a Merchant’s physical store, you must key in the correct purchase price for the Order using the Ablr Platform (including any applicable goods and services tax and surcharges).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 PURCHASE PRICE.In the event of an error, you may immediately request that we refund you for the proposed Order. Wemay, but shall not be obliged to, process a full refund and allow you to make another Order afresh.
6.2 If you wish to return or discontinue Merchant Services that have been purchased using the Instalment Payment Structure and/or request for a waiver of outstanding Instalment Payments, or a refund, return,or replacement as may otherwise be accepted or permitted by law, such waiver, refund, return or replacement shall be subject to (i) the relevant Merchant’s refund process and procedures; and (ii) our own checks in relation to the refunds, returns and replacements. Until the return, discontinuation, refundor waiver has been processed through the Platform, you will remain liable for the full payment of the Merchant Services. All Instalment Payments will continue to be processed in accordance with the datesset out in your Payment Plan.
6.3 Once the refund or waiver process has been completed, the amount that we have agreed to refund to you (“Refunded Amount”) will be returned to you. Subject to Ablr’s absolute discretion to vary the amount, manner and order to which the Refunded Amount shall be applied, the Refunded Amount shall first be applied to reduce 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 Refunded Amount. If the Refunded Amount is greater than the aggregate amount of amounts owed in such subsequent Instalment Payments, such amounts will be refunded to the same Payment Method used to purchase the Merchant Services.
6.4 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.
7.1 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 THAT YOU MAY INCUR AS A RESULT OF YOUR ACCOUNT BEING SUSPENDED OR CLOSED FOR ANY REASON. 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.
8.1 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.
8.2 Your request to close your Account will be denied if:
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 is protected under applicable copyrights,trademarks and other proprietary rights (including but not limited to intellectual property rights) are owned by Ablr or its affiliates. The copying, redistribution, use or publication by you of any part of the Ablr Services,unless expressly permitted in 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. For the avoidance of doubt, the use of the term “software” herein shall include its respective components, processes and design in its entirety.
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 Platform. 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.
11.1 All notices or other communications between the Parties shall be given in writing in the English language and shall be delivered:
11.2 All emails and text messages shall be deemed received upon successful transmission unless stipulated otherwise.
12.1 You shall not transfer or assign any rights and/or obligations you may have under these Terms without our prior written consent.
12.2 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.13. Changes to these Terms;
13.1 Additional terms and conditions may apply to purchases of goods or services, such as the Instalment Payment Agreement you will enter into with Merchants, and to specific portions or features of thePlatform, 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 Platform or for any service offered on or through the Platform, the latter terms shall prevail with respect to your use of that portion of the Platform or the specific service.
13.2 We reserve the right to vary or amend these Terms from time to time without requiring express or implied consent and without prior notice of such variations or amendments. Such variations or amendments to these Terms shall be effective upon such updated version being uploaded on our Platform at https://ablr.com/my/en/terms-of-service. You agree that it shall be your responsibility to review this Terms regularly whereupon the continued use of the Ablr Services after such variation or amendment of these Terms shall constitute your consent and acceptance of such variation or amendment, regardless of whether you have reviewed the updated version of the Terms.
14.1 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 Platform, the Ablr Services and/or the Instalment Payment Structure.
14.2 Ablr reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Ablr and shall cooperate as fully and as reasonably required in the defense of any claim including providing Ablr with access to any relevant documents, records or premises for purposes of assessing such claim. For the avoidance of doubt, this Clause 14.2 will survive these Terms and the termination of your Account.
15.1 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 Platform, the Ablr Services,the Instalment Payment Structure, or Ablr’s or your liabilities to third parties arising from any source.
15.2 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 Platform, the Ablr Services, the Instalment Payment Structure, 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 itsessential purpose.
16.1 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.
16.2 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 BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ABLR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16.3 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, Merchant Services that are bought or sold through the Platform.
17.1 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 14 (Indemnification), 15 (Limitation of Liability), 16 (Disclaimer of Warranties), 17 (Miscellaneous), 18 (Dispute Resolution), 19 (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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
17.6 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.
17.7 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.
17.8 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.
18.1 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 Merchant Services, please approach the Merchant who provided the Merchant Services.
18.2 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 referred to and decided by the courts of the Republic of Malaysia.
Except as expressly provided otherwise, these Terms and the relationship between you and us are governed by, and will be construed under, the laws of Malaysia, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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.