TERMS OF SERVICE ABLEPOS
Important
Important – Please read these General Terms and Conditions (“Terms”) carefully. By using the Services (as defined below), you agree that you have read, understood, accepted and agreed with these Terms. You further agree that the representations below are true and accurate. If you do not agree to any of the terms and conditions stated herein and wish to discontinue using the Services, please do not continue using the Application (as defined below) and/or the Services.
This Terms of Service, version 0.0, was updated on 15 April 2025.
1.0 Definitions
The terms below shall have the respective meanings ascribed to them, unless the context requires otherwise. Words denoting one gender include the other gender and words denoting the singular include the plural and vice versa:
1.1 “Account” means an account duly registered and maintained through the Application or the Website that enables the Applicant to become a Subscriber.
1.2 “Affiliated Company” means any business partner, third party vendor, service provider, parent company or subsidiary of the Company.
1.3 “Applicant” means any person who intends to register for an Account.
1.4 “Application” means the ABLEPOS Web Application and any other Application for mobile devices, which is owned and operated by the Company, and enables the Subscriber to consume the Services.
1.5 “Company” means INNOMATION SOLUTIONS PTE. LTD. (Company Registration No. 202026945Z).
1.6 “Fees” means the fees payable to the Company by the Subscriber for the use of any Services, including the Subscription Fees and any fees that are stated in any Individual Terms.
1.7 “Force Majeure Event” means any event beyond the control of the Company or the Subscribers, including, without limitation, strikes, work stoppages, accidents, epidemic, pandemic, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, or communications or computer (software and hardware) services.
1.8 “Individual Terms” means any terms, guidelines and policies for any Services offered by the Company as may be published and/or amended by the Company from time to time.
1.9 “Subscriber” means a person who has a valid Account, provided accurate personal information to the Company, and who is in compliant with these Terms in order to use the Services.
1.10 “PDPA” means the Personal Data Protection Act 2012 of Singapore.
1.11 “Personal Data” shall have the meaning ascribed to it under the PDPA.
1.12 “Privacy Policy” means the privacy policy of the Company published on the Application and the Website which regulates the collection, use and processing of the Personal Data by the Company.
1.13 “Subscription Fees” means the monthly fees for using the Services.
1.14 “Services” means any or all services offered by the Company or by an Affiliated Company through the Company, including but not limited to AblePOS service, which are available through the Website and/or the Application.
1.15 These “Terms” means these General Terms and Conditions.
1.16 “Terms of Use” means the Website and Application Terms of Use published on the Application and the Website which sets out the terms and conditions for anyone who uses the Application and/or the Website.
1.17 “Website” means the site of “https://www.ablepos.asia” operated by the Company through which the Subscriber may, among others, retrieve information about the Services.
2.0 Purpose
2.1 These Terms constitute a legally binding agreement between the Subscriber and the Company.
2.2 The purpose of these Terms is to set out the rights, obligations and other necessary matters between the Subscriber and the Company, and the procedures for the use of the Services, the Application and the Website.
2.3 The Company publishes these Terms on the Application and the Website so that it is accessible by the Subscribers. The matters that are not specified in these Terms shall be governed by any guidelines and/or Individual Terms published by the Company on the Application and/or the Website from time to time, according to reasonable industry practices and standards, and subject to Singapore laws and regulations.
2.4 The Terms of Use, the Individual Terms and the Privacy Policy, which are available on the Application and/or the Website, shall form part of these Terms.
3.0 Amendment to These Terms
3.1 Any amendments, additions, revisions, replacements, modifications, and removal of these Terms will be published from time to time on the Website and/or the Application.
The Subscriber shall check the Website and/or the Application from time to time to ensure that the Subscriber is aware of the latest Terms. The latest Terms will replace any older versions of the Terms and shall take effect as soon as the latest Terms are published on the Website and/or the Application.
3.2 The Company, in its sole discretion but not under any obligation, may notify the Subscriber with regards to any amendments of these Terms via the e-mail address provided by the Subscriber during Account registration, if such amendments are deemed to be significant by the Company.
3.3 Continued use of the Account or the Services by the Subscriber, or the non-termination of the Account for 30 days after the date such amendments take effect shall be deemed as an acceptance by the Subscriber of the amended Terms.
3.4 For the avoidance of doubt, the Company shall not be responsible for ensuring that the Subscriber is aware of any amendments to these Terms.
3.5 Should the Subscriber disagree with any amendments to these Terms, the Subscriber shall not continue using the Account and the Services, and shall proceed to terminate the Subsciber’s Account immediately.
4.0 Subscriber’s Account
4.1 Creation of Account
4.1.1 To use the Services, the Applicant shall first become a Subscriber by registering for a valid and active Account either on the Application downloaded via iOS, Android, or any other mobile operating system, or the Website.
4.1.2 When registering for an Account, the Applicant will be asked to provide information that may include the Applicant’s Personal Data (Please refer to the Privacy Policy for the provisions regarding the collection, use and processing of the Applicant’s Personal Data).
4.1.3 All information provided by the Applicant to the Company during this on-boarding process are regarded as representations by the Applicant, and shall be truthful and accurate.
4.1.4 By registering for an Account, the Applicant represents and warrants that:
4.1.4.1 The Applicant has read and understood these Terms;
4.1.4.2 The Applicant has agreed to adhere to these Terms, which constitutes the Applicant’s agreement to be bound by these Terms that establishes a contractual relationship between the Applicant and the Company;
4.1.4.3 The Applicant is legally capable of entering into a binding agreement with the Company;
4.1.4.4 The Applicant is not in breach of any applicable laws or third-party rights by entering into a contractual relationship with the Company;
4.1.4.5 The Applicant is duly authorised to enter into a legal, contractual relationship with the Company (if applicable);
4.1.4.6 The Applicant is at least 19 years of age;
4.1.4.7 The Applicant has read the Privacy Policy and has provided his express consent for the Company to use the Applicant’s Personal Data in accordance with the Privacy Policy.
4.1.5 The Subscriber shall immediately report to the Company if there is any change to any of the representations and warranties contained in these Terms.
4.1.6 The Company reserves the right to decline the Applicant’s application in any of the circumstances below:
4.1.6.1 If the Applicant is a former Subscriber, and the Account was terminated or suspended for any reasons whatsoever, and the Subscriber has not obtained the written approval from the Company for the Account to be reinstated;
4.1.6.2 If the Applicant is unable to provide a genuine photo identification upon request, or the Company is of the opinion that the Applicant is using a false identification;
4.1.6.3 If the Company is unable to verify the identity of the Applicant, and the Applicant fails to respond to any requests for verification by the Company;
4.1.6.4 If the Applicant has provided false information;
4.1.6.5 If the Applicant is in breach of any of the provisions under these Terms;
4.1.6.6 If the Company in its own judgment believes that the Applicant should not be a Subscriber for any reason whatsoever.
Notwithstanding the above, the Company is not under any obligation to provide any reason for declining an application.
4.1.7 If, in the sole discretion of the Company, it is deemed that the Applicant lacks the ability to pay the Fees or if the Company is concerned that making available the Services to the Applicant may be detrimental to the Applicant or the Company, the Company may request for any other additional personal or credit information from the Applicant.
4.1.8 The Applicant will become a Subscriber when the Account application process is approved and completed, upon which the contractual relationship between the Subscriber and the Company commences.
4.1.9 The Subscriber is responsible for keeping his username, password and login details secure, and for preventing unauthorized access to his Account. The Subscriber will be solely responsible for all the use of the Account, and any acts or omissions arising from his Account, whether or not such acts or omissions are authorized by the Subscriber.
4.1.10 If the Subscriber becomes aware of any unauthorized use of his Account and/or any theft of his username and/or password by a third party, the Subscriber shall immediately notify the Company and follow the instructions of the Company.
4.1.11 The Company shall not be liable for any damages suffered by the Subsriber as a result of the Subscriber’s violation of these Terms.
4.2 Withdrawal of Account
4.2.1 The Subscriber may request to withdraw his Account or terminate his Account at any time by providing a notice to the Company either by email, via the in-app function in the Application, or any method provided for on the Website, and the Company shall immediately terminate the Account upon payment of any Fees due to the Company.
4.2.2 Voluntary termination of Account will subject the Subscriber to a 3-month restriction period from re-application for a new Account, unless written approval from the Company to waive the restriction period is obtained.
4.3 Access to the Account by the Company
The Subscriber acknowledges, consents and agrees that the Company may access, preserve and/or disclose any information contained in the Account if it is necessary to:
4.3.1 comply with any laws and regulations;
4.3.2 comply with any legal processes;
4.3.3 enforce these Terms;
4.3.4 respond to any claims brought by any person;
4.3.5 respond to the Subscriber’s requests; and/or
4.3.6 protect the rights, property and personal safety of the Company, the Subscriber, other Subscribers and/or the public.
4.4 Notice to Subscribers
4.4.1 Unless otherwise stipulated under these Terms, any notices by the Company shall be given to the Subscriber via:
4.4.1.1 e-mail;
4.4.1.2 written correspondence to the address provided by the Subscriber;
4.4.1.3 in-app messaging function in the Application, if available;
4.4.1.4 publishing on the Website; and/or
4.4.1.5 text message to the Member’s registered telephone number.
4.5 Subscriber’s Obligations
4.5.1 The Subscriber shall not:
4.5.1.1 do anything to breach, circumvent or contravene these Terms;
4.5.1.2 commit or encourage any criminal offences;
4.5.1.3 commit or encourage any fraudulent acts;
4.5.1.4 corrupt, exploit, mine, or steal information from the Website and/or the Application;
4.5.1.5 conduct any unauthorized modification, alteration, or deletion of the Services;
4.5.1.6 send or post any irrelevant, illegal, or otherwise objectionable content or information (such as computer programs and advertisements) on the Website or through the Application;
4.5.1.7 infringe the intellectual property rights of the Company and/or the Affiliated Companies; and
4.5.1.8 carry out any acts that may damage the reputation and goodwill of the Company and/or the Affiliated Companies directly or indirectly, in public or private, in any manner or in a medium whatsoever, deprecate, dispute or otherwise make any postings, videos, comments, writings, remarks or other mediums or expressions that would, or could be construed to defame or negatively impact the Company and/or Affiliated Companies, its officers, directors, shareholders, employees and/or agents.
4.5.2 The Subscriber shall, at all times, comply with related laws and regulations, the provisions of these Terms, the Individual Terms and the Terms of Use, and any independent terms and usage policies of the Affiliated Companies.
5.0 Limitation of Liability
5.1 If the Company cannot provide the Services due to an occurrence of a Force Majeure Event, the Company shall be exempted from any obligations under these Terms.
5.2 The Company shall not be liable for any disruption in the use of the Services caused by any act or omission of the Subscriber. The Subscriber shall ensure that he has a compatible device and he downloads the correct software for his device.
5.3 The Services are provided by the Company on an “as is” and “as available” basis without any guarantees, conditions or warranties. Unless expressly stated to the contrary and to the fullest extent permitted by law, the Company expressly excludes all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and the Company shall not be liable for any damages whatsoever, including, but without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for personal injury, loss of life, use, profits, data or other intangibles, damages to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of the services, and any materials, information, data, and facts posted by the Subscriber or other members thereon, irrespective of whether such damages were foreseeable or not.
5.4 Without prejudice to Article 5.3, the Company’s liability (if any) shall be capped at the total Fees paid by the Subscriber to the Company in the preceding 30 days of the date of the damage suffered.
5.5 The Company shall not be liable for any transactions or dealings between the Subscriber and any third party obtained through the Services.
6.0 Payment and Fees
6.1 Payment Policy
6.1.1 The Subscriber shall make payment for the Fees by electronic payment (credit/debit card from a reputable financial institution)
6.1.1.1 The Subscriber must register a payment card during the Account registration process or update the Account with valid details.
6.1.1.2 The Company may take any additional actions as it deems necessary to ensure any Fees due to the Company by the Subscriber is recovered and such incidental costs shall be borne by the Subscriber.
6.1.2 By providing the details of his payment card, the Subscriber authorises the Company to charge the Fees onto his payment card. If the Subscriber is registering a payment card which does not belong to the Subscriber but belongs to other person, the Subscriber hereby represents and warrants that he has obtained the consent and authorisation for the use and registration of the payment card from the payment card holder and the Company is entitled to rely on such representation and warranty and charge the Fees onto the payment card. The Subscriber shall indemnify the Company for any loss and damage that be suffered by the Company resulting from the Subscriber’s use of a payment card does not belong to the Subscriber and the Company shall not be held responsible for any loss and damage that may be suffered by the payment card holder.
6.1.3 The Company reserves the right to suspend or terminate the Subscription if the Subscriber fails to make payment for any unpaid Fees. Services to the Subscriber shall be suspended until all unpaid Fees have been recovered by the Company.
6.1.4 If the Subscriber fails to comply with these Terms, the Company shall have the right to terminate the Subscription, upon which any unpaid Fees shall become due and payable with immediate effect.
6.2 Payment
6.2.1 The Subscriber agrees to the Fees and the payment and billing policies applicable to the Subscriber’s use of the Services as stated in these Terms.
6.2.2 The Subscription Fees will be automatically charged to the Member’s registered payment card before the start of the Subscription.
6.2.3 If the Company is unable to charge the registered payment card of a Subscriber, the Company will attempt to charge the registered payment card for 7 days consecutively. If the charges to the registered payment card is not successful after 7 days, the Company shall inform the Subscriber via SMS to the registered mobile number of the Subscriber, upon which the Subscriber shall make payment via an alternative payment card within 3 days. Failing to make payment will entitle the Company to suspend the Services to the Subscriber or to terminate the Subscriber’s Account.
6.2.4 For any dispute of payments made, the Subscriber shall notify the Company in writing within 30 days from the date of such payment being charged; failure to do so shall result in the waiver by the Subscriber of any claim relating to any such disputed payment.
6.4 Taxes
6.4.1 The Subscriber agrees that all Fees shall be subject to all prevailing statutory taxes, duties, charges and/or costs in connection with the Subscriber’s use of the Services, however denominated, as may be in force and regarding any future taxes that may be introduced at any point of time.
6.4.2 The Subscriber further agrees to use his best efforts to do everything that is necessary and required by the relevant laws to enable, assist, defend or indemnify the Company in claiming or verifying any input tax credit, set off, rebate or refund in respect of any taxes paid or payable for the Services supplied under these Terms.
7.0 Suspension or Termination
7.1 Suspension or Termination of Account or Services
7.1.1 The Company may without prior notice to the Subscriber suspend or terminate the Account of the Subscriber or provision of the Services to the Account upon occurrence of any of the events listed below:
7.1.1.1 The Subscriber breaches any of these Terms, and if such breach, in the Company’s sole discretion, is capable of remedy, the Subscriber fails to remedy the breach within the time stipulated after receiving notice from the Company;
7.1.1.2 When any of the Subscriber’s information is found to be false or incorrect;
7.1.1.3 When the Subscriber does not pay the applicable Fees in a timely manner, or the charges to the registered payment card cannot be completed;
7.1.1.4 When the Subscriber breaches these Terms or any laws or regulations;
7.1.1.5 When the Subscriber does anything which damages the goodwill or reputation of the Company;
7.1.1.6 When the Subscriber fails to fulfil any obligation or duty under these Terms on the relevant due date;
7.1.1.7 When the Subscriber misuses any information obtained through the Services;
7.1.1.8 When the Subscriber uses the Services and the Account for any unlawful purpose;
7.1.1.9 The Subscriber does any act which the Company is of the view that suspension or termination of the Account and/or the Services is fit and necessary.
Notwithstanding the above, the Company is not under any obligation to provide any reason for Suspension or Termination of Account or Services.
7.1.2 If the Account or the Services is suspended or terminated pursuant to this Article, the Company will not refund any Fees paid by the Subscriber.
7.1.3 Notwithstanding the suspension or Termination of the Account or the Services pursuant to Article 7.1.1 above, the Subscriber’s obligations under these Terms shall survive the suspension or termination of the Account or the Services.
7.1.4 The Subscriber may file an appeal in accordance with the procedures established by the Company against any termination or suspension of the Account.
7.1.5 The Subscription may be suspended or terminated at the discretion of the Company on the date of death or incapacitation of the Subscriber, if brought to the Company’s attention.
7.2 Cancellation and Waiver of Liability in a Force Majeure Event
7.2.1 If the Subscriber is unable to use the Services due to the occurrence of a Force Majeure Event, the Subscription may be cancelled upon notice by the Subscriber.
7.2.2 The Company shall not be liable to the Subscriber if the Services are unavailable due to the occurrence of a Force Majeure Event.
7.3 Change and suspension of Company’s Services
7.3.1 The Company may change the Services in cases where it is deemed that the provision of the Services at its current form is no longer commercially viable or a change in the regulatory regime has rendered offering the Services illegal. The Company will use reasonable efforts to notify the Subscriber via email or through the Application 90 days before the date when the changes are put into effect.
7.3.2 The Company may suspend some or all of the Services if any of the following cases occurs:
7.3.2.1 In cases where there is a possibility of occurrence of a Force Majeure Event;
7.3.2.2 If telecommunication services are disrupted;
7.3.2.3 If the Company is undergoing repair, inspection, routine maintenance, replacement, or facing disruptions in the information and communication equipment of the Company;
7.3.2.4 If the Services are provided through an Affiliated Company, the Services being changed or suspended by the Affiliated Company; or
7.3.2.5 Any other reasons that impair the ability of the Company to provide the Services.
7.3.3 The Company reserves the right to change, replace, or to suspend the provision of any of the Services.
7.3.4 The Company shall not be liable to the Subscriber for any disruptions in the provision of the Services.
8.0 Indemnification
The Subscriber shall indemnify, defend, and hold the Company, its Affiliated Companies and their directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against any third-party claims, losses, liability, fines, penalties, damages, legal fees and/or costs arising from:
8.1 the Subscriber’s use of the Services;
8.2 the Subscriber’s breach of applicable laws and regulations of Singapore or any other country;
8.3 the Subscriber’s breach of third-party rights including any right of privacy, publicity rights or intellectual property rights;
8.4 the Subscriber’s breach of any of these Terms; and
8.5 any other party’s access and use of the Services with the Subscriber’s unique username, password, or other appropriate security code.
Article 10. Miscellaneous
9.1Responsibilities of an Affiliated Company
9.1.1 The Company and its Affiliated Companies are separate entities and operate independently from each other.
9.1.2 The Company shall not be responsible for any dealings between the Subscriber and the Affiliated Companies.
9.2 Intellectual Property
9.2.1 The Company is the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on or of the Services (including all source code, information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information made available on the Website and the Application and through the Services.
9.2.2 The Company grants the Subscriber, subject to these Terms, a non-exclusive, nontransferable, non-assignable, personal, limited license to access and use the Services for the Subscriber’s own personal and non-commercial use. This license is revocable at any time without notice to the Subscriber and liability to the Company. All rights not expressly granted to the Subscriber are reserved by the Company.
9.2.3 The Subscriber shall not copy, transmit, publish, distribute, broadcast or reveal any intellectual property to any third parties without the prior written consent of the Company.
9.2.4 Use by the Subscriber of the content or materials owned by the Company or made available on the Website and the Application and through the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
9.3 Management of Social Media Posts
9.3.1 In addition to the Website, from time to time the Company may post messages, special deals, pictures, news, stories, or other information on social media platforms which the Company maintains an account, such as Facebook®, Twitter®, Instagram® and LinkedIn® (“Social Media Platforms”). The Company is not responsible for the privacy or security policies or practices of the Social Media Platforms and any of the third-party websites that the Website and/or the Social Media Platforms may link to. The Subscriber should review the privacy and security practices of all such Social Media Platforms and third-party websites.
9.3.2 The Subscriber hereby acknowledges and agrees that if he tags the Company in any posts posted by him on any social media platforms managed by himself, such as pictures, information, opinions, complaints, or any personal information (“Material”), such posts will become public. This means that anyone can see the Material. By tagging the Company on these social media platforms, the Subscriber automatically and irrevocably grant and assign to the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the Material, including the Subscriber’s consent to allow the Company to reproduce, publish and/or share the Material.
9.3.3 The Subscriber shall be solely responsible for the Material and consequences of submitting and publishing the Material.
9.3.4 The Subscriber agrees not to submit Material that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, dangerous, threatening, misleading, contain nudity or sexual content, contain Personal Data, or posts that be construed as constituting harassment and cyber bullying or that could endanger a person, or posts that the Company, in its sole and absolute discretion, is deemed not suitable for publishing on the Social Media Platforms.
9.3.5 The Company reserves the right to remove, delete, and/or hide any Material submitted by the Subscriber on the Social Media Platforms in the Company’s sole discretion.
9.4 Governing Law and Agreed Jurisdiction
9.4.1 These Terms shall be governed by the laws of Singapore.
9.4.2 The Subscriber and the Company agree to submit to the exclusive jurisdiction of the Singapore courts.
9.4.3 Prior to commencing any legal action, the Subscriber and the Company shall first attempt to settle a dispute expeditiously and in good faith.
9.5 Entire Agreement
These Terms shall constitute the entire agreement of the Company and the Subscriber and supersede all preceding and contemporaneous agreements between the Company and the Subscribers. Any waiver of any provisions of these Terms will be effective only if it is in writing and signed by both the Company and the Subscribers.
9.6 No Transfer
The Subscriber shall not transfer any of its rights or obligations under these Terms to any other parties without the consent of the Company.
9.7 No Waiver
No failure to exercise or any delay in exercising any right or remedy by the Company under these Terms shall operate as a waiver thereof.
9.8 Severability
If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.