For the purpose of the Terms, the following terms shall, unless the context otherwise require, have the meanings as defined below.
||means the prevailing fees payable to obtain the will. All fees specified does not include any government taxes. Any consumption taxes or any other taxes as may be imposed by the Malaysian government shall be charged separately;
||means the online will writing service provided by us via our Website;
||means this Terms and Conditions;
||means the Will for a non-muslim person made available following payment to the Service;
|"You" and "Your"
||means you, as the user of our Service; and
|"We" "Ours" and "Us"
||means us at WillHelpU.
2. Changes to the Terms
We constantly improve Our Service and Website, so We reserve the right to change, modify, add, remove or replace any part of these Terms at any time without notice to You. It is important for You to be aware of any changes made to the Terms as Your continued use or access of Our Website after the posting of the changes, modification, replacement, addition or removal of any clauses of the Terms means that You agree and accept the changes implemented . The changes to the Terms will be effective when posted on Our Website without notice provided to You. If You do not agree to comply with the amended Terms, You must cease to use and access to Our Service and Website.
3. Your Use of Our Service
The Service are for Your exclusive use only. You are prohibited from using the Services on behalf of another person.
We reserves the right to reject Your access to the Service at its sole and absolute discretion without providing any reasons whatsoever.
Upon you filling up the details on the Website, we may make available your data on our Website for 60 days pending your completion of the information or for your consideration and review, prior to you making payment of the Fees. If you decide not to continue to proceed, all your information may be deleted after 60 days.
You may at anytime cancel or terminate the Service provided that such cancellation termination is done prior to the payment of the Fees.
4. Requirements to Write the Will
For writing a Will, you must be:
- A Non-Muslim;
- Of sound mind;
- 18 years and above; and
- Understand the nature and purpose of making a Will.
5. Your Will
Upon paying the Fees, Your Will will be available for You to review online. What you need to check when reading your will and confirm is:
- all information therein is correct and reflects Your wishes in respect of the beneficiaries, distribution of estate and appointment of executors;
- notify us if there is an errors within three  working days to review where the error lies;
If in order, You shall sign the Will:
- in the presence of two  witnesses who are 18 years old and above;
- ensure that the 2 witness witnesses your signature on Your Will;
- ensure You witness are not named beneficiary under Your Will;
- Upon all parties signing, seal the Will and keep it in a safe and secure place.
Your failure to comply with clause 5.1 may render the Will invalid and/or not enforceable.
6. Fee and Charges
We will only accept payment of the Fees paid through the Website in Your name via our payment gateway.
Fees paid by You are not refundable.
We may consider making a refund of the Fees at its absolute discretion.
We reserves the right to revise the Fees from time to time.
All Fees specified NOT include any government taxes, which will be charged separately.
7. Consent for Sharing of Information
We requires the information as requested for the provision of the Services (“Your Information”). We will keep the Your Information confidential and will only disclose the Your Information where it is necessary to auditors, legal counsel and other professional advisors, to any regulators and in accordance with the law.
The external parties we disclose your personal data to may include but not limited to:
- governmental and regulatory bodies such as Bank Negara Malaysia and Securities Commission;
- outsourcing vendors such as vendors we work with for the maintenance and storage of Your personal data; and/or
These parties may locate and / or process Your personal data within or outside of Malaysia.
Under the Personal Data Protection Act (PDPA) 2010, we are required to obtain Your explicit consent when we collect and process Your sensitive personal data. We collect Your sensitive personal data in order to assess Your application and to administer the Service that You have signed up for.
8. Limitations of Services
We shall not be appointed as executor in your Will. If you will prefer, we have a panel lawyer whom we can introduce you to.
We does not provide nor purport to advice you in connection with your:
- Personal circumstances;
Distribution of property [distribution];
Tax consequences arising from such distribution;
Effectiveness of such distribution; and
Legal consequences of such distribution.
You are advised to obtain independent legal and tax advice in connection with Your Will.
9. Limitations of Liability
We shall not be responsible for the administration of your estate. We are not responsible for verifying the following:
- Your identity,
- Personal circumstances;
testamentary capacity; and
any information that you have provided.
We are not responsible to You for any delays or failure in its performance under this Terms because of force majaure circumstances beyond Our control which includes flood, drought, fire, casualty, explosion, sabotage, accident, embargo, breakdown in equipment, communication line failure, power failure, lockout, strike, unavoidable accident, act of God, terrorism or threat of terrorism, riot, war, or any enactment, issuance or operation of any adverse governmental law, ruling, regulation, order or decree, or any other emergency that prevents Us from operating normally;
You agree that you will not hold us responsible for any fraud or dishonest conduct of any third party including but not limited to hacking and phishing or any tampering or misplacing of the Will while in Our custody.
We nor any third parties sub contractors of Ours make any representation or warranty that you will have continuous or uninterrupted access to the Service and Website, or that any of the functions of the Service or Website will be error-free or that no damage will occur to Your computer system. The Service is provided to you "as is" and "as available” and the access to the Service is strictly at your own risk.
We and Our service providers make no representation or warranty relating to the Service, including, without limitation, its performance, availability, content, or functions.
In no event will We or Our officers, directors, employees, shareholders, affiliates, agents, licensors, or third party service providers be liable in contract, tort [including negligence] or otherwise for any loss or damage [including but not limited to consequential, incidental, special or punitive damages] sustained by you or any other party arising directly or indirectly from your access or use of the Services including but not limited to loss or damage rising from:
- any defect, delays, interruptions or failures in the provision of the Service;
- any inaccuracies, or errors in any data or information in the Will or otherwise provided or made available via the Service;
the corruption, loss of or error in any data or information provided by the You for incorporation in the Will for any reason;
any unauthorised use of the Service and/or intrusion, interference or attack on Website or the Service by any person, virus, Trojan Horse, worm, macro or other harmful components or deleterious programs or files;
Your failure, neglect or omission to act in accordance with the Terms and any other laws, rules, regulations, policies and guidelines currently in force;
an event which is beyond Our reasonable control;
Our performance and exercising of Our rights, obligations and discretion pursuant to these Terms; and/or
the act or omission of any party.
Your sole remedy for any failure or non-performance of the Services shall be for Us to use commercially reasonable efforts to perform an adjustment or repair of the Service by providing a fresh Will and if You remain dissatisfied with the Service, to discontinue Your access and use of the same. You may contact us at email@example.com
The foregoing clauses shall apply to the fullest extent as permitted in law. In no event will Our aggregate liability for all claims relating to the Service exceed the price of the what You have paid in Fees for the use of the Service.
You shall keep Us fully indemnified on a full indemnity basis against any and all losses, damages, fees, costs, charges, duties, expenses, legal costs etc arising directly or indirectly that We may howsoever sustain or incur including but not limited to those arising from:
- Your use or purported use or misuse of this Website or the Service provided herein;
- Your breach of the Terms howsoever occasioned; or
- Any intellectual property right or proprietary right infringement claim made by a third party against Us in connection with Your use of the Service.
11. Security and Equipment
Information You provide in connection with the Services will be stored on the Website’s secure servers and protected by certain encryption techniques. However, the security of the Services depends upon Your efforts to protect your access for the Service. You must take all necessary precautions to safeguard your access, which allows you to access the Service.
You shall be responsible for all access and use of the Services via your access to our Website whether authorised by you or otherwise and shall indemnify Us in relation to any liability, losses or damages suffered or incurred by Us arising from the access and use of the Services via your access.
12. Our Proprietary and Intellectual Property Rights
Other than your personal information, all content available on the Services [including its arrangement, look and feel] is Our property and is protected by copyrights, trademarks, or other intellectual and proprietary rights. Your usage of the Services does not grant you a license or right to use any of Our trademark without Our express written approval. In addition, your usage of the Services does not grant You a license or right to use any third party trademark without the express written approval of the third party possessing rights to such trademark.
We reserves the right to terminate and/or suspend your access to the Website and/or the Services or Your use of the Website and/or the Services at any time, for any reason. In particular, and without limitation, We may terminate and/or suspend Your access should You violate any of the Terms, or violate Our rights or the rights of any other user, or of any third party.
14. Law and Jurisdiction
If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable laws including, but not limited to, the warranty disclaimers and limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect.
You agree to settle all issues amicably first. You will contact our Helpdesk for assistance prior to commencing any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by AIAC under the AIAC Arbitration Rules. The seat of arbitration shall be Kuala Lumpur with one arbitrator. The arbitration proceedings shall be conducted in English. Notwithstanding the foregoing, if either party believes that it may suffer irreparable harm prior to the resolution of any conflict by following the arbitration procedures, such party may apply to a court of competent jurisdiction for a restraining order or other equitable relief in order to prevent or alleviate such harm pending the arbitration. If you do not agree to this clause, please do not use Our Services and/or Our Website.
15. Queries and Complaints
In the event that you have any queries, complaints and/or disputes arising from Your access to and use of the Services, You may email us at firstname.lastname@example.org
. We shall use its reasonable endeavours to respond to the queries and resolve any problems or issues as may be raised by you.