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Duit Later Terms and Conditions

These Consumer Terms and Conditions (these “Terms and Conditions”) sets out the terms and conditions applicable to you as a Consumer regarding the use of the Duit Later Payment System provided by Wise Pay Sdn Bhd. By using the Duit Later Payment System, you are taken to have agreed to these Terms and Conditions.


1. Definition and Interpretation

The following definitions apply in these Terms and Conditions unless inconsistent with the context or otherwise specified:

Account: An account with Cendol / Duit Later by Cendol or any account linked with Cendol via its third party partners.

AML Laws: Any anti-money laundering, know-your-customer and/or antiterrorism laws.

Business Day: A day in which banks and financial institutions are open for business in Kuala Lumpur

Charge: Any charge that may be imposed by Cendol on you as a result of your failure to comply with your obligations, including Late Payment Charges.

Confidential Information: All information, including personal data, relating to you that you provide to Cendol and its partners

Customer: A person who is registered as a Customer in the Cendol system

Customer Status Tier: The tier that a Customer is classified into as part of a tiered system within the Cendol Payment System, which may influence, among other things, a Customer Purchase Limit, and any other entitled benefits relating to the Customer's use of the Services.

Credit Card or Debit Card: A credit card or debit card that has been issued by a financial institution to a Customer that is directly tied to an operating bank account. For clarification, this does not include Visa or MasterCard issued prepaid debit cards, virtual debit cards or virtual account numbers, gift cards or any other type of access card.

Deferred Payables: Has the meaning ascribed to it in Clause 2.1

eCommerce Store: An online e-commerce store where products and services are offered for sale to customers via the access of web browsers, mobile browsers and or the use of electronic devices to access the webpage which hosts the products via a website.

Fee: any fee that may be imposed by Cendol on you as a result of activities performed in association with your Account as requested by you

Cendol: means Cendol by Ashita Tech Sdn Bhd. Powered by Wise Pay

Ashita Group: means Cendol, Ashita Tech, any of its parents, subsidiaries (as defined in the Malaysian Companies Act 2016) and/or its affiliates.

Cendol Website: "www.cendol.asia", "www.duitlater.cendol.asia", "www.oomph.cendol.asia" and "www.cendol.com.my"

Instalment: One of such number of separate and equal instalments as may be determined by Cendol at its sole discretion that is created by a successful Order pursuant to the Cendol Payment System

Intellectual Property Rights: Intellectual property rights of any kind including without limitation, all rights in or arising out of patents, trade, service and other marks, layout design rights, registered designs, design rights (and applications for all of the same), copyrights, rights affording equivalent protection to copyrights and design rights, moral rights, trade, product, brand and business names, rights protecting trade secrets and confidential information, get-ups and logos, inventions, discoveries, improvements, designs, techniques, computer programs, trade secrets, supply, distributorship, agency and other like agreements, technical and commercial know-how and confidential processes, all other information including rights acquired under licenses or other agreements in connection with any of the same, rights protecting goodwill and reputation and in every case, all other similar corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

Late Payment Charge: A charge imposed by Cendol on a Customer where the Customer fails to pay an Instalment on the Scheduled Due Date and within any accompanying grace period (where applicable)

Malaysian Ringgit: The lawful currency of Malaysia

Nefarious Behaviour: any behaviour in bad faith including, but not limited to: 

Inappropriately gaining from the Cendol Payment System or merchants using it; reverse engineering the Cendol Payment System; or engaging in fraudulent activities in and around the Cendol Payment System or supporting Cendol systems, and shall include any attempts by you in relation to the above which could, if carried out to a natural conclusion, conceivably lead to the occurrence of any of the above.

Nominated Payment Method: The method of payment nominated by a Customer to make payments to Cendol (including payment of Fees, Charges, Instalments, and Late Payment Charges.

Order: An order created in the Cendol System as a result of a successful transaction when a Customer completes payment to its payment service provider to effect payment. An Order may comprise a single Product or multiple Products.

Order Value: The monetary value of an Order.

Product: An item and/or service for sale viewable on the Cendol website. A Product or Products from part of an Order.

Purchase Limit: The maximum amount of financial exposure or the number of concurrent Orders that a Customer is allowed to accumulate for Orders made using the Cendol Payment System. Such Purchase Limit may factor into account the Customer Status Tier of the Customer.

Repayment Schedule: The schedule generated by Cendol for the Customer’s payment of Instalments.

Return: Any refund on any Order that a Customer may request from Cendol

Reversal: Any reversal of any Order that a Customer may request from Cendol

Scheduled Due Date: The date on which an Instalment is due to be paid to Cendol

Services: The provision of the Cendol Payment System as specified in Clause 2

Suitable Repayment Plan: A separate repayment plan to be discussed between a Customer and Cendol in the event that the Customer is unable to pay its outstanding debts owed to Cendol due to hardship. Any such Suitable Repayment Plan is at Cendol's sole discretion.

Unless the context otherwise requires, or as specifically provided otherwise, in the interpretation of these Terms and Conditions:

1.1 headings are for reference only and shall not affect the interpretation or meaning of any provision of these Terms and Conditions. 

1.2 “written” and “in writing” include any means of reproducing words, figures or symbols in a tangible and visible form; 

1.3 The singular includes the plural and vice versa; and 

1.4 Any reference to a clause, party or schedule is a reference to a clause, party or schedule to these Terms and Conditions.

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2. Terms of Service

                2.1 Customer Eligibility

                                2.1.1. In order to be eligible to receive the Services, you must:

i. be a natural person and not a company, partnership or other commercial or noncommercial entity

ii. be at least 18 years old at the time of any Order made by you;

iii. have a valid email address;

iv. have a mobile telephone number issued by a Malaysian telecommunications carrier;

v. has a billing address and shipping address located in Malaysia; and

vi. own a valid Credit Card or Debit Card which you can use to make payments on the Cendol Payment System.

Your eligibility is assessed and determined upon each Order you make, and Cendol reserves the right to deny, suspend or terminate the provision of the Services to you in the manner prescribed in Clause 2.2 in the event that you fail to meet the eligibility requirements set out in Clause 2.1 at any time, and you shall have no right of recourse or appeal against such decision.

                2.2 Account

2.2.1. Upon making your first Order, you shall provide Cendol with the following details:

                i. Your date of birth;

ii. a valid email address which belongs to you and of which you are the registered user; and

iii. a valid mobile phone number issued through a Malaysian telecommunications provider and which is registered in your name,

and such details shall be used to create an Account for you in order for you to manage Orders and Repayment Schedule.

2.2.2. You will be notified upon creation of your Account and will be required to set a password for your Account. You remain solely responsible for the safety and security of such password.

2.2.3. Where you believe that your password has been compromised, you shall notify Cendol immediately and in the event that you fail to do so, you shall be liable for further purchases made using your credentials.

2.2.4. You remain responsible for any unauthorized access to your Account except where such unauthorised access is a result of Cendol's failure to take reasonable steps to prevent such unauthorised access.

2.2.5. You shall have only one Account

2.2.6. Cendol may limit your access to your Account when:

i. you have failed to pay an instalment(s) by the Scheduled Due Date and within any accompanying grace period (where applicable), Cendol may suspend you from making further Orders and subsequently, where your debts to Cendol have been referred to a third-party debt collection agency, Cendol will block access to your Account.

ii. where Cendol has reasonable cause to suspect that you have been involved in any Nefarious Behaviour within the Cendol Payment System:

a.       reserves the right to conduct investigations, with internal and external third-parties, to determine the extent and impact of the suspected Nefarious Behaviour;

b.       may seek your cooperation and assistance in dealing with such activities;

c.       may request immediate payment from you for all outstanding debts only to Cendol for such Account(s);

d.       reserves the right to suspend any Account(s) associated with you until such time as such Nefarious Behaviour is halted or restricted to the satisfaction of Cendol;

e.       may at its sole discretion, close any Accounts(s) whether associated with the suspected Nefarious Behaviour or otherwise; and

f.        reserves the right to report such behaviour to the relevant authorities.

iii. in addition to Clause 2.2.6 (ii) where devices, email accounts and/or phone numbers are being used to perform an Order or create an Account and such devices, email addresses and/or phone numbers are reasonably suspected by Cendol to be involved in connection with any Nefarious Behaviour within the Cendol Payment System, Cendol:

a.       reserves the right to conduct investigations, with internal and external third-parties, to determine the extent and impact of the suspected Nefarious Behaviour;

b.       reserves the right to block those devices and their attributes;

c.       reserves the right to suspend any and all accounts associated with such devices and their attributes and the suspected Nefarious Behaviour;

d.       reserves the right to temporarily suspend or permanently block those devices and their attributes from using or participating in the Cendol Payment System or network;

e.       may, at its sole discretion, close any Account(s) whether associated with the suspected Nefarious Behaviour or otherwise;

f.        may request immediate payment from you and any associated persons for all outstanding debts for such Account(s); and

g.       reserves the right to report such behaviour to the relevant authorities

                                2.2.7. You may close your Account at any time provided that:

i. you have paid in full all Instalments associated with your Orders, and there are no outstanding debts owed by you to Cendol that have been referred to a third party for collection and no Suitable Repayment Plan is still ongoing;

ii. you have repaid all Late Payment Charges imposed on you, or such Late Payment Charge has been reversed (subject to Cendol's discretion);

iii. there are no outstanding disputes between you and Cendol

iv. there are no outstanding Refunds or Reversals that are still pending processing; and

v. you are not subject to any investigation regarding your Orders, Instalments or any other reason as reasonably determined by Cendol

                                2.2.8. Cendol may close your Account:

i. without your consent or prior notice, if Cendol becomes aware that any Account associated with you is being used by a third party or has been compromised in any way whether as a result of your actions or inactions or otherwise;

ii. if Cendol considers that you are using the Cendol Payment System inappropriately, illegally, or against the spirit of these Terms and Conditions;

iii. if you have not paid your outstanding debts to Cendol and:

a.       Your failure to pay persists despite Cendol putting in a suitable repayment plan;

b.       Your outstanding debts have been referred to a third-party agency for collection; and

c.       Such collection has been carried out with limited or no success

-          And in such case you may not be able to open another Account with Cendol for a period of three (3) years or any other period or time that is deemed appropriate by law or regulation, and Cendol reserves the right to:

iv. pursue any outstanding sums due and owing to Cendol in connection with these Terms and Conditions through third-parties and relevant legal means available to Cendol;

v. notify any credit reporting agency or bureau located in Malaysia or any agency or bureau that reports such credit reporting information to Malaysian companies, and identify any outstanding debts against your known details to Cendol as at the date of termiantion of these Terms and Condtions;

vi. notify any other statutory or governmental authority regarding the outstanding debts and your identity where required under Malaysian Law;

2.2.9. Should you fail to meet the eligibility requirements set out in Clause 2.1 on an ongoing basis, Cendol may suspend, block, withdraw close or otherwise render inorperable your account.

             2.3 Customer Status Tier

Cendol may assign every Customer with a Customer Status Tier, which is determined in real-time, based on various factors as Cendol may determine from time to time in its sole discretion, and such Customer status Tier may influence your Purchase Limits and any other relevant benefits relating to your use of the Services.


2.4 Validations, Checks and Risk Assessments

In any respect of any Order, Cendol will conduct the following checks and assessments:

2.4.1         Real-time checks and validations on your eligibility

2.4.2         Real-time checks and validations your credentials, devices, relationships with other Cendol Customers and other historical data; and

2.4.3         Purchase Limit assessments based on your Customer Status Tier, the Order Value, the risks associated with the Products in the Order and your potential capability to repay the overall debt,

             And where Cendol is satisfied of the eligibility of you at the time of making the Order, Cendol will create an Order associated with you in the Cendol Payment System for the Order Value provided.

            

            2.5 Placement of Orders

             2.5.1.     Each time you make an Order, you are deemed to have accepted these Terms and Conditions as they stand on the date of placement of the Order

             2.5.2.     Upon making of your Order, Cendol will advise you of the outcome of such Order request:

             a. where the Order request is unsuccessful, Cendol will provide you with a reason for the failure and allow you to attempt the Order again for a maximum number of tries within a period of time as Cendol may determine in its sole discretion;

             b. where the Order request is successful, Cendol will provide you with your Repayment Schedule and an email receipt for your first Instalment Paid (where applicable). Cendol will then proceed to fulfill your Order.


2.6 Rejection or Cancellation of Orders

All Orders placed are subject to Cendol’s assessment and discretion and Cendol reserves the right to reject or cancel an Order where:

2.6.1.     Cendol has reason to suspect, or becomes aware, that you may have or have materially breached these Terms and Conditions;

2.6.2.     you fail to satisfy any of Cendol’s validations, checks and assessments;

2.6.3.     you have exceeded or will exceed your Purchase Limit

2.6.4.     Cendol suspects or becomes aware of suspicious activity from you within the Cendol Payment System which may contravene applicable laws and/or regulations including, but not limited to AML Laws; or

2.6.5.     Cendol suspects or becomes aware that any of its systems have been or may have been compromised.

and where the Product from the cancelled Order has not been delivered to you, Cendol will, on a best endeavours basis, refund the monies paid by you and associated with the cancelled Order to the same Nominated Payment Method.

            

            2.7 Instalment Repayments

                              2.7.1.     Your repayment to Cendol of the Order Value will be split into such number of separate and equal instalments over a specified period of time as may be determined by Cendol at its sole        discretion

          2.7.2.     Where the Deferred Payables cannot be evenly split into such number of equal Instalments as may be determined by Cendol at its sole discretion, Cendol may adjust the Instalments       accordingly and will ensure that the total amount due to be paid by you remains unchanged.

                              2.7.3.     Cendol will generate a Repayment Schedule at its discretion and based on your Customer Status Tier, outstanding debts (if any), and track record of previous Orders and Instalment    Repayments, and depending on the Repayment Schedule generated, your first Instalment may be due:

                                               i. at the time of making the Order; or

                                ii. at such later time after the Order is made as may be determined by Cendol at its sole discretion.

                2.7.4.     Where your first Instalment is due at the time of making the Order and you are unable to pay the first Instalment (whether due to insufficient funds in your Nominated Payment Method, or    the transaction is declined by the relevant financial institution, or a general failure of the online payment process), Cendol may decline the Order request.

                2.7.5.     Cendol will remind you in advance of each Instalment and their respective Scheduled Due Dates via email and/or SMS from an associated mobile number

                2.7.6.     You undertake to ensure that your Nominated Payment Method has sufficient funds to pay the Instalments on their respective Scheduled Due Dates.

                2.7.7.     In the event that any Instalment Repayment is unsuccessful due to a failure to obtain funds from your Nominated Payment Method, Cendol will advise you accordingly and grant you an    immediate grace period to pay such Instalment through alternative payment methods nominated by you.

                2.7.8.     If you are unable to pay your Instalments, you may contact Cendol via email to discuss and put in place a Suitable Repayment Plan.

                2.7.9.     If you fail to pay an Instalment on the Scheduled Due Date and within any accompanying grace period (where applicable), and you have not contacted Cendol with respect to a Suitable    Repayment Plan, Cendol may impose a Late Payment Charge in accordance with Clause 5.

                2.7.10.  Upon successful payment of all Instalments relating to an Order, Cendol will advise you accordingly and notify you of any outstanding debts which you may owe to Cendol (as a result of    Late Payment Charges or otherwise).

3. Your Obligations

You Shall:

3.1. Use the Cendol Payment System in accordance with the operating procedures determined by Cendol from time to time;

3.2.  keep your contact details up-to-date;

3.3.  supply all information by Cendol in a timely and truthful manner;

3.4.  not provide Cendol with any information that is false, misleading, unture or inaccurate in its nature (including any claim of false identity)

3.5. immediately inform Cendol of any actual or potential fraudulent activities which your Nominated Payment Method has or may have been involved in, and allow Cendol to share such information with third-party payment providers for the purpose of reducting further fraudulent activities;

3.6.  be solely responsible for any matters relating to tax or additional fees arising from your use of the hoolah Payment System, including, but not limited to:

          a.   tax determination;

      b.  payment of any taxes or fees required by any govenrmental or regulatory authority; and

          c.   payment of any fees or commission incurred in connection with any exchange of monies associated with any Order;

3.7. be responsible for your Account, its use and ongoing security, and shall not permit any unauthorized person or other entitiy to access your Account at any time unless required by law;

3.8.  not use your Account to purchase products for third parties for the purposes of receiveing further or additional payments from such third parties;

3.9. use your Account in a responsible and lawful manner and not use your Account to procure any goods or services that are illegal or unlawful in nature or in a manner that contravenes any AML Laws; and

3.10. to the fullest extent permitted by law, cooperate with Cendol in the event of any investigation performed by Cendol, any third-party or any legal, governmental or regulatory authority in relation to any Order, payment or matter related to your Account.


4. Payment, fees and charges

4.1   All Fees and Charges associated with an Order are maintained in the Schedule of these Terms and Conditions and Cendol reserves the right to alter those Fees and Charges at its sole discretion and subject to Clause 16, and will in such case amend these Terms and Conditions and publish the amended Terms and Conditions on the Cendol Website.

4.2   Any Late Payment Charges incurred pursuant to Clause 3.7(i) are calculated based on the Order Value and are tabled in the Schedule to these Terms and Conditions as well as available on the Cendol Website.

4.3   In the case of Refunds and Reversals, the Late Payment Charges will be adjusted in the following manner:

4.3.1         in the case of a partial Refund, any Late Payment Charges shall be calculated based on the revised Order Value post-Refund; and

4.3.2         in the case of a full Refund or a Reversal, Cendol will remove any Late Payment Charges applied against outstanding Instalments for such Refunded or Reversed Order.

4.4   Cendol reserves the right to remove, reverse, waive or void generally any Late Payment Charge at its sole discretion.

4.5   Payment of outstanding debts owed by you to Cendol may be:

4.5.1         made automatically: Cendol may obtain monies from your Nominated Payment Method automatically to pay an Instalment on the Scheduled Due Date, and such monies will first be applied against that Instalment and any surplus monies (if any) obtained by Cendol will be applied against any other outstanding debts on your Account; or

4.5.2         made manually: you may make manual payments in respect of outstanding debts owed by you to Cendol and which are not subject to automatic deduction from your Nominated Payment Method, and such manual payments will be applied in the following order of priority until the monies have all been used:

4.5.2.1    first, to any outstanding Instalments;

4.5.2.2    second, to any outstanding Fees,

4.5.2.3    third, to any outstanding Charges (excluding any Late Payment Charges), and

4.5.2.4    last, to any outstanding Late Payment Charges;

4.6   You may also make manual payments for future Instalments which are yet to fall due, provided that you have no outstanding debts owed to Cendol at that point in time, and such manual payments shall be applied against future Instalments in the order that they would have become due. Any surplus monies will be refunded to your Nominated Payment Method.

4.7   Where there are any surplus monies which exist as credits in your Account and you have no outstanding debts, you may request for a refund and Cendol will endeavor to refund such monies to you as soon as practicable.

4.8   Cendol reserves the right to:

4.8.1         limit the number of Credit Cards or Debit Cards used to pay your Instalments within a period of time as may be determined by Cendol in its sole discretion;

4.8.2         limit the amount of manual payments that you may make in respect of your Account and your Orders;

4.8.3         only accept any repayment on any Order made after 21 days from the date of the creation of the relevant Order and to reject all attempted repayments before such time; and

4.8.4         place any additional limitations on you, Participating Merchants, Credit Cards or Debit Cards, devices and accounts as Cendol may deem fit and reasonable to protect its financial exposure.


5.       Cancellation Policy:

5.1.    Cendol reserves the right to hold or cancel any order with prior notice when deemed necessary.

5.2.    Cendol will proceed with cancellation should these circumstances occur:

5.2.1. The item is not/no longer available

5.2.2. Pricing disputes arise

5.2.3. Product illustration differs from actual product

5.2.4. Payment failed or not received

5.2.5. Payment information could not be verified

5.2.6. The order cannot be shipped to the address provided or where the shipping address could not be verified

5.2.7. Violation of Cendol’s Terms and Conditions

5.2.8. Cancellation initiated by the Customer

5.2.9. Any other unforeseen circumstances that lead to cancellation

5.2.10.     Upon cancellation, refund will be processed accordingly and might take up to 14 working days.

6.       Return / Exchange Policy

6.1.    Most orders are returnable within 7 calendar days upon receipt if they are incorrect, defective.

6.1.1. Incorrect: The item is not the item you ordered. The model or colour is different from what is indicated on the order summary, or there are missing items or parts inside the packaging

6.1.2. Defective: The product is not functioning as described by the manufacturer.

6.2.    Returned items must meet the following requirements:

6.2.1.The item must be shipped back to us within 7 calendar days upon receipt (as proved by the postal or courier receipt)

6.2.2. Item must be in new condition and returned in its original packaging along with all accessories (including manuals, warranty cards, certificate of authenticity etc) and free gifts received with it. All packaging must be unused, unmarked and not defaced in any manner.

6.2.3. All securely sealed items must not be opened, especially electronic items (unless our service centre can ascertain that they were found defective at the time of opening)

6.3.    You will be eligible for a full refund if the item has been inspected and verified that the item was in perfect condition as described above.

7.       Refunds

7.1.    For purchases made with Duitlater payment, no refunds will be allowed, only an exchange of the product based on the Return and Exchange policy in clause 6.