1.1 Welcome and thank you for using ezysplit, an installment payment service brought to you by Mobi Asia Sdn Bhd, (“Mobi) by which allows you (as a buyer) to make your purchase with products and/or services offered by us (“Merchant”,”We”,”Our”) in installments. By confirming and proceeding with your purchase, you have indicated that you want to make a purchase and to pay for this purchase in installments using a payment card that has been issued to you by your issuing bank.
1.2 This Installment Payment and Credit Card Billing Agreement (“Agreement") is between us and the cardholder who is making the purchase (“Buyer”, “you“, “your”). By making payment in the ezysplit checkout page, you shall be deemed to have acknowledged, agreed and confirmed has understood the following binding terms and conditions that are set out in this Agreement between you and Mobi, and our normal terms of business, including but not limited to the policy of cancellation, return, refund and products and/or services delivery arrangement and that you are deemed to irrevocably and unconditionally agree that each instalment is to be billed to your credit card in the amounts and on the dates in accordance to your Instalment Plans (including and not limited to correct any erroneous transaction, if any)
1.3 You declare that all information given to us and Mobi are true and complete and you authorize and consent to us and Mobi to verify the information given herein from whatever sources including without limitation any credit bureau established by authorities pursuant to any applicable law, regulations or directive (whether having the force of law or otherwise) or any party as we see deem fit may be required and to use, release or exchange such information as may be obtained without further permission or consent from you.
(a) refuse or reject your purchase for any reason;
(b) halt, suspend or block (either temporarily or permanently) you from purchase any products and/or services from any of our merchant;
(c) limit your purchase on the availability of installment plan (number of months);
(d) impose a fixed processing fees on your purchase.
3.1 By selecting the ezysplit payment option at the checkout page and accepting this Agreement, you authorize us or Mobi to charge selected credit card at checkout immediately (or later) over time in the number of payments that you have selected at checkout (we call these payments “Installments Plan“).Mobi may impose additional interest, fees or charges to you for selecting this payment option. The payment date and amount of each Installment we will take will be shown on the website before you complete your purchase and emailed to you immediately after you complete your purchase.
3.2 You must use a credit card issued by a Malaysian bank in order to make an ezyplit installment payments, we or Mobi may also obtain a pre-authorization against your credit card for the Total Purchase Price (“Purchase Amount”) at the time of purchase. A pre-authorization means that a portion of your available credit line on your credit card, up to the amount of the Sales Amount, will be blocked in order to ensure that you have sufficient available credit to make future payments.
3.3 You acknowledge that a signature will not be required for charges made to your credit card and that it is your responsibility to pay all the credit card charges, including instances in which a signature is not captured. We or Mobi are not required to ask for identification for charges made to the credit card, including for any direct assess charges. You agree that we or Mobi shall assume the person accepting the charges with the credit card has the authority to do so, and you are solely responsible for all charges.
3.4 To ensure Mobi retain a valid pre-authorization against your credit card for the goods or services we have supplied or agreed upon to supply you with, Mobi will renew the pre-authorization throughout the installment period selected by you using the credit card details provided at the time of purchase (or a subsequent credit card you provide) by submitting a pre-authorization for the amount you owe us at the time we process each pre-authorization. This means that the amount of each pre-authorization will be reduced by the number of Installments paid over time.
3.5 We or Mobi may charge your card for your first Installment (“Down Payment”) when your order is completed or might be charged later if Down Payment is neither required nor applicable. Subsequent instalment amounts shall be progressively billed on a monthly basis without further reference to you.
3.6 From time to time, Mobi may renew the pre-authorization and your credit card issuer is likely to reduce your available credit line by the amount Mobi have pre-authorized on your credit card so that you will not be able to use that amount of your credit line while our pre-authorization remains in place. Even if your credit card issuer does not do so, you should still ensure you have enough available credit to cover the full amount you owe Mobi under this Agreement for your purchase (not including any sum you have already paid to us) at all times.
3.6 If any pre-authorization Mobi seek to make against your credit card fails, Mobi will contact you by email to notify you. Mobi will also keep attempting to get approval for the pre-authorization by submitting a request once a day for the following 7 days. You can provide us with a different valid and acceptable credit card to use instead to take pre-authorizations and payments from. We will then submit any payment preauthorizations and subsequent settlement requests against this alternate credit card instead.
3.7 If Mobi are not able to renew a pre-authorization for the sums you owe under this Agreement by your next Installment due date, and you do not make an Installment payment by the due date (subject to any applicable grace period), Mobi may submit a payment request against the last pre-authorization we held against your credit card for the full purchase price less the amount of any Installments you have already paid.
3.8 PLEASE NOTE, AS PAYMENTS ARE BEING CHARGED TO YOUR CARD, YOU MAY BE CHARGED INTEREST AND FEES OR OTHER CHARGES IMPOSED BY YOUR CARD ISSUER UNDER THEIR AGREEMENT WITH YOU. THIS MAY INCLUDE LATE PAYMENT FEES, OVERDRAFT FEES, PERIODIC INTEREST, OR OVER-THE-LIMIT FEES. YOU ARE SOLELY RESPONSIBLE FOR THESE FEES.
4.1 Mobi will keep a record payment you have charged to you credit card and amount owed us under this Agreement and we use the ezysplit platform to submit the pre-authorisation requests and card payment requests at the times you, us and Mobi have agreed. Mobi use this technology platform to monitor when and how much you have to pay and to send notifications to you with email This should help you identify what payments we are contacting you about.
4.2 It is your responsibility to ensure that, until the last Installment is paid, the credit card you present for payment at the time of purchase, or anytime thereafter, remains valid, is not cancelled, and has sufficient available credit to pay all installments and to accept pre-authorizations that may be made under this Agreement.
5.1 If Mobi failed to charge to you selected credit card, you must provide Mobi with a different valid and acceptable credit card to use instead to take pre-authorizations and payments from. Mobi will then submit any payment pre-authorizations and subsequent settlement and/or preauthorization requests against this alternate credit card.
5.2 Upon request by Mobi, you are required to provide Mobi with information or documents requested by Mobi which may include (but not limit to):
(a) your personal information such name, NRIC number, address and etc;
(b) contact details – email and phone number;
(c) any the product and/or service details of your purchase made, or order placed to us;
(d) your photocopy of IC and/or selected credit card, including the official statement(s);
(e) any written authorization, and/or authorization forms;
(e) proof of delivery, invoices, slips, receipt, and any other related document about the transaction;
5.3 You understand and agreed that Mobi are merely an installment service provider. You shall resolve all disputes or differences on the quality or quantity or fitness for purpose of the goods or services with the participating us directly. Mobi are not responsible and financially liable for the purchase or order you have made. Mobi take no responsibility and must not be liable for any issue related to the transactional, sales or purchase agreement between you and us which may include but not limited to the quality or quantity, availability and delivery arrangement of such products and/or services, any guarantees and/or warranties granted by the supplier and/or manufacturer, any maintenance or after-sales service related to the products and/or services, or refunds or return of goods, or any of customer service-related issues
FOR AVOIDANCE OF DOUBT, you hereby authorize Mobi to continue to debit the instalment amounts to your credit card regardless of any such dispute with the participating merchant(s).
5.4 You may have the right to cancel this Agreement and receive a refund of any amount you paid under this Agreement until the latest of the following events by providing a written notice to Mobi by email at email@example.com:
(a) at any time before the goods and services you purchased under this Agreement are delivered to you or rendered;or
(b) within three days after you accept this Agreement by notifying us sending email to us ;If we has already delivered or shipped the goods to you, we may require you to promptly return the goods in the condition in which they were received in order to process your cancellation. However, no cancellation shall be entertained if the goods have been custom made to your specifications.
FOR AVOIDANCE OF DOUBT, you may need to provide additional information in connection with any notice of termination or cancellation in order for us to properly identify the Agreement that is being terminated or cancelled. Further, no termination and/or cancellation shall be entertained after the event(s) stated in Clause 5.4 above and you are responsible for all charges made payable to your credit card until the full purchase price of the item purchased is fully settled.
5.5 You acknowledge that it is your responsibility to notify Mobi of any changes in the credit card including, but not limited to, credit card numbers, expiration dates and names of the credit card holder(s) (additions or deletions). Changes can be made by email to Mobi at firstname.lastname@example.org
6.1 You are deemed to be in default under this Agreement for any of the following reasons:
(a) you fail to pay any Installment by the due date, and after any applicable grace period;
(b) you violate any terms and conditions under this Agreement which directly or indirectly affecting your ability to pay the amounts that was charged to your selected credit card, or our ability to collect the amounts due under this Agreement;
(c) there is a pending and/or impending bankruptcy proceeding against you or there is any legal, litigation and/or administrative under any applicable law which you have become subject to a proceeding which seeks relief from debt and/or which affects your payment obligations under this Agreement;
(d) you have made a false or misleading statement about an important matter in connection with this Agreement;
(e) you revoke your consent to electronic communications;
(f) your bank terminates or suspends your credit card account;
(g) you terminate your credit card account; or
(h) you die or become legally incompetent.
6.2 If you are in default of this Agreement, you are require to pay the remaining amount you owe Mobi under this Agreement at once. In such event, the total outstanding amount due and payable by you in relation to the purchase amount will be immediately debited to your credit card account. We may seek payment of this amount by charging your credit card pursuant to any pre-authorization you provided us and Mobi under this Agreement. If Mobirefer this Agreement to a solicitor who is not Mobi salaried employee for collection, Mobi may require you to pay our reasonable solicitors’ fees and expenses, to the extent permitted by applicable law.
6.3 You are hereby notified that, in connection with the services provided by us and Mobi, Mobi has the right as Mobi may report information about this Agreement to credit report agencies. Also, Mobi may transfer, sell or assign the Installments, and any associated rights, to us or one of our affiliates without your consent. If Mobi do so, this Agreement will remain in effect and will be binding on and will inure to the benefit of our assign(s). You may not transfer your rights under this Agreement and any attempt to do so will be void.
You agree that we, Mobi, and theirrespective service providers, agents, officers, directors, and employees (and the same of our subsidiaries and affiliates and our subsidiaries and affiliates themselves) (collectively, the “Indemnified Parties”) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party doesn’t follow your instructions if Mobi reasonably believe that your instructions would expose Mobi to potential loss or civil or criminal liability, or conflict with our and/or Mobi practices. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF MOBI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MOBI FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing your usage of this service. This Limitation of Liability section will survive termination of this Agreement.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US OR INDEMNIFIED PARTIES ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND THE INDEMNIFIED PARTIES AGREE OTHERWISE.
9.2 Mobi may share information about your transactions and experiences with you and other affiliated companies. Mobi may share information about our transactions and experiences with third parties in connection with providing this service to you including creditors and fraud detection services.
9.3 However, except as permitted by law, neither we nor Mobi may share information which was obtained from credit reports, consumer reports, and any third parties with companies affiliated with us if you instruct us not to share this information. If you have concern about sharing of such this information, you may notify us in writing or by email at: email@example.com. Do not include your full card details in email.
All applications for credit are subject to our approval. Mobi may, in our sole discretion, not approve your application, or cancel an approved application before the goods or services are delivered or supplied by us. Mobi reserve the right to cancel, terminate or suspend the installment payment with prior notice in the event that there is reasonable suspicion of illegal and fraudulent activities related to your credit card. In such circumstances, we and Mobi are not liable for any losses or damages suffered by you whether as a direct or indirect result of such cancellation, termination or suspension, specifically related to this Agreement.
We and Mobi reserve our right to add, delete, suspend or vary the terms and conditions of this Agreement, from time to time, wholly or in part, by providing a notice to you by email or via posting on Mobi or our website
You agree to receive this Agreement and all other communications including, but not limited to, any other agreements, notices, disclosures or other information we or Mobi may send to you or that we or Mobimay be required to send to you under applicable law in electronic form and by way of email. Any such electronic notices or communications shall be effective and shall have the same meaning and effect as if provided to you in writing in paper form and are deemed delivered when emailed to your designated email address from time to time.