The terms of this Purchase Payment Contract ("Contract") form a legally binding agreement between you, as a customer (“you”, “your”, “Customer”) and us, as the merchant (“we”, “us”, “our”, “Merchant”). This Contract governs your purchase of goods or services from us ("Merchant Services") via an extended payment feature under which payment may be made in three equal interest-free instalments ("Instalment Payment Structure"), and supplements any other terms between you and us in respect of our sale of Merchant Services to you ("Sale Terms").
In the event of any inconsistency between the terms of this Contract and the Sale Terms, this Contract shall prevail and govern our and your rights and obligations in respect of the Instalment Payment Structure, unless stated otherwise.
By placing an order for purchase of Merchant Services where you have selected the Instalment Payment Structure ("Order"), you agree to be bound by the terms of this Contract.
For the avoidance of doubt, this Contract does not govern your relationship with Hoolah Singapore Pte. Ltd. ("hoolah SG") and/or its affiliate(s). Your relationship with hoolah SG and/or its affiliates(s) shall be governed by the consumer terms and conditions entered into between you and hoolah SG ("hoolah T&Cs").
hoolah Platform. To offer this Instalment Payment Structure, we utilise the services of a third party technology service provider, hoolah SG. hoolah SG operates the hoolah website, including any subdomains thereof, and any other websites through which hoolah SG makes its services available, our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “hoolah Platform”) and assists in the administration of the Instalment Payment Structure.
Your Eligibility. To be eligible to use the Instalment Payment Structure, you must:
have created, and maintain a valid and active account with hoolah SG for use and access to the hoolah Platform ("Account");
be an authorised holder of an eligible debit card, credit card or other payment method as may be accepted by hoolah SG from time to time ("Payment Method"); and
have met, and continue to meet, such eligibility requirements and verification checks and assessments and terms and conditions as may be imposed by hoolah SG from time to time (including those in the hoolah T&Cs) in relation to the Instalment Payment Structure.
By entering into this Contract, you represent and warrant that you are eligible to use the Instalment Payment Structure and meet the requirements set out in Clause 2.2.
How it works. The Instalment Payment Structure operates in the following manner:
First, you will need to select that you wish to utilise the Instalment Payment Structure on the Site's checkout page. You will then be prompted to log in to your Account, or in the case where you do not have an Account, create an Account.
After successfully logging into your Account or creating your Account (as the case may be), you may be required to input further information (e.g. debit or credit card number). Please note that your Order may be rejected or unsuccessful if you fail to create an Account or provide further information as required, or if any information provided is incorrect or incomplete.
You will then be required to review the following information that is generated on the hoolah Platform:
the total price of your Order;
a list of the payment amounts that we are entitled to receive from you and the relevant due dates for each payment (“Payment Schedule”); and
your preferred Payment Method ("Preferred Payment Method").
Next, you must click "confirm" on the hoolah Platform to confirm that you accept the Payment Schedule ("Payment Schedule Confirmation"), the details of which will be available for view in your Account. Your Payment Schedule is hereby incorporated into this Contract by reference along with your Payment Schedule Confirmation.
Your Order is subject to approval. If the Order is approved, as described in your Payment Schedule, you will be notified via the hoolah Platform and we may collect three (3) equal payments (each, an “Instalment”) by charging your Preferred Payment Method on the dates specified in your Payment Schedule. We intend to sell each Instalment to Hoolah Factor Pte Ltd ("hoolah Factor") (or such other person as may be acceptable to hoolah SG). You will be notified of such sale of the Instalments.
For the avoidance of doubt, the Instalment Payment Structure may not be available for all purchases of Merchant Services on our Site and we may, at our discretion, set certain prescribed minimum or maximum purchase amounts for which the Instalment Payment Structure will be available. The Instalment Payment Structure is made available to you wholly on a discretionary basis and there is no guarantee that any selection of the Instalment Payment Structure will be successfully approved or processed.
You are responsible for ensuring that you have sufficient funds via your Payment Method available to make Instalment payments on the dates specified in your Payment Schedule. NEITHER WE, HOOLAH SG, NOR HOOLAH FACTOR SHALL BEAR ANY LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A FAILING TO HAVE SUFFICIENT FUNDS VIA YOUR PAYMENT METHOD AVAILABLE TO MAKE INSTALMENT PAYMENTS ON THE DATES SPECIFIED IN YOUR PAYMENT SCHEDULE.
You are responsible for reviewing the Order(s) as they appear in your Payment Schedule. NEITHER WE, HOOLAH SG NOR HOOLAH FACTOR SHALL BEAR ANY LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A FAILING TO REVIEW THE TERMS OF A PROPOSED TRANSACTION.
In the event of an error, you may immediately request that we refund you for the proposed Order. However, whether or not we accede to such request shall at all times be subject to our sole discretion. We may, but shall not be obliged to, process a full refund and allow you to make another Order afresh.
You agree to pay the late payment charges specified in the Schedule ("Late Payment Charges").
In the case of Refunds and Reversals, the Late Payment Charges will be adjusted in the following manner:
in the case of a partial Refund, any Late Payment Charges shall be calculated based on the revised Order Value post-Refund; and
in the case of a full Refund or a Reversal, Late Payment Charges will not be applicable against outstanding Instalments for such Refunded or Reversed Order.
We may in our sole discretion remove, reverse, waive or void generally any Late Payment Charge.
For the purposes of this Clause:
"Order Value" means the monetary value of an Order, being an amount equal to the price of the Product(s) purchased in an Order, after including any goods, sales, services and/or similar taxes imposed under Singapore law at the time of purchase, and after deducting any applicable vouchers, discounts or gift cards.
"Refund" means any refund on any Order that you may request from us.
"Reversal" means any reversal of any Order that you may request from us.
You agree that we have a right to obtain information about you (including but not limited to your Payment Method, Order details, credit history and any other such information as may be required in connection with the hoolah Platform) from hoolah SG, any third party card providers, payment processors and/or any other third parties as we may deem appropriate in connection with your use of the Instalment Payment Structure on the hoolah Platform.
You agree that we or our assignee, may appoint third party collection agencies to collect any amounts owing to us or to our assignee (as applicable) under this Contract without your consent.
We may transfer or assign this Contract or any rights or benefits under this Contract, and any related rights in relation to determining refund/returns and any other rights and obligations under this Contract, to any person without your consent or notice to you.
This Contract is governed by, and will be construed under, the laws of the Republic of Singapore.
The following Late Payment Charges shall be charged to you for each failure to pay an Instalment by its scheduled due date and any applicable accompanying grace period. Late Payment Charges are calculated by the Order Value applicable to the relevant Instalment:
|Order Value||Late Payment Charge in respect of each Instalment|
|SGD 0.00 – 99.99||SGD 5|
|SGD 100.00 – 999.99||SGD 15|
|SGD 1,000.00 and above||SGD 30|
Robert makes a purchase using hoolah with an Order Value of $150. This will create three (3) separate and equal Instalments of $50 each. The first instalment is paid on the date following the date of the purchase. Each time Robert fails to pay the remaining Instalments by the scheduled due date and within any accompanying grace period (where applicable), he will be charged a Late Payment Charge of $15. The maximum Late Payment Charge payable by Robert on this Order is $45 (i.e. 3 overdue Instalments incurring a Late Payment Charge of $15 each, represented as 3 x $15 = $45).