Terms of Use (General Users)

Welcome to www.thewill.my or any other website (“Platform”) owned and operated by LEE PARTNERS LEGACY ADVISORY SDN. BHD. (Company No. 201901012292 (1321620-W)) under the brand name “THEWILL” and its affiliates and subsidiaries (“LPLA”, “we”, “us” and/or “our”). 

These Terms of Use (“Terms”) are only applicable to the general users who use and access the Website (“General User”). Any reference to “you” or “your” herein refer to the General User. These Terms govern your access and use of the Platform and the use of any services, information and functions made available at the Platform if any (“Platform Services”). The Platform Services include an online platform service that provides a place for among others the introducer (“Angel Partner”) to introduce and refer third party customer (“Client”) to LPLA via the agent registered with THEWILL under the title of legacy advisor, legacy manager, legacy director or chief legacy director (“Advisor”) in creating a will instrument (the General User, the Angel Partner, the Advisor and the Client shall be referred collectively as, “Users”). Please read these Terms carefully. These Terms and our privacy policy (“Privacy Policy”) constitute a legally binding agreement (“Agreement”) between you and LPLA and shall bind you and your heir(s), representative(s) and nominee(s). If you do not agree to the Terms, please do not access and/or use the Platform and/or the Platform Services. 

IMPORTANT – By accessing, using the Platform as a General User, you represent and warrant that:

  1. you are at least eighteen (18) years old; and
  2. you agree you have read, understood, accepted and agreed to be bound by (i) these Terms; (ii) the Privacy Policy; and (iii) any future amendments and additions to the Terms and Privacy Policy as published from time to time at the Platform.

 

1. Introduction

1.1 The Platform provides a platform offering product and/or services such as will writing, will custody, trust advisory, insurance planning, life planning, investment and such other Product and/or Services as may be notified by us to you from time to time (“Product and/or Service)

1.2 You hereby agree and undertake to indemnify and keep us fully indemnified against all claims, actions, demands, damages, liabilities, losses, penalties, charges, costs and expenses incurred or suffered by us including costs on solicitors and client basis, arising out of any breach by you of your obligation or any of these Terms or your use of the Platform and its services.

 

2 Changes to the Platform and Agreement

2.1 We reserve the right, at our sole and absolute discretion to change, suspend or discontinue any aspect of the Platform at any time from time to time including the availability of any features, data or contents and may also impose limits on certain features or services or content or restrict your access to parts of the Platform without any notice or liability.

2.2 We reserve the right to update, modify, vary or change any of the Agreement without your consent at any time from time to time at our sole and absolute discretion without any prior notice to you and without any liability to you. All changes are effective immediately upon the posting of such changes and apply to all access and use of the Platform thereafter. Your continued use of the Platform or the Platform Services (or any portion thereof) following the posting of revised Agreement constitutes your acknowledgment of the revised Terms and your agreement to abide and be bound by the revised Agreement.

 

3. Consent to the Use of Data

LPLA may collect, use, process and share certain of your Personal Data (as defined in the Privacy Policy) and related information in connection with the terms and conditions of the LPLA’s Privacy Policy, which is hereby incorporated by reference into the Terms. You agree that LPLA may collect and use such Personal Data and related information in connection with your use of the Platform including but not limited to your contact information that is gathered periodically to facilitate the features and functionality of the Platform and other services. 

 

4. Intellectual Property Rights

LPLA owns all contents, features and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, applications, codes or is licensed to use all intellectual property rights in and to this Platform and all technical infrastructure and contents relating to it.

 

5. Prohibited Uses

You shall use the Platform only for lawful purposes and in accordance with the Terms. You agree not to use the Platform:-

  1. in any way that violates any applicable federal, state, local or international law or regulation.
  2. to impersonate or attempt to impersonate LPLA, a LPLA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  3. to engage in any other conduct which, as determined by us, may harm LPLA or users of the Platform or expose them to liability.
  4. to provide any false personal information on the Platform.

 

6. Third-Party Content

LPLA may provide third-party content via the Platform and may provide links to web pages and content of third-parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Use of Third-Party Content and access to Third-Party Content is subject to the terms of service, terms of use, and/or privacy policy of such Third-Party Content. LPLA does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that LPLA is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

 

7. Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes and/or as a platform for corporate solution advisory and consultancy service, personal or corporate branding marketing service, business sharing and networking event and membership subscription. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform , or by anyone who may be informed of any of its contents.

 

8. Information About You and Your Visits to the Platform 

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

9. Disclaimer of Warranties

9.1 You expressly acknowledge and agree that your use of the Platform, its content and any Platform Services is at your own risk. The Platform, its content and any services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither LPLA nor any person associated with LPLA makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. Without limiting the foregoing, neither LPLA nor anyone associated with LPLA represents or warrants that the Platform, its content or any services or items obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Platform or the server that makes it available are free of viruses or other harmful components or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations. You must bear the risks associated with the use of the Internet.

9.2 LPLA hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose

9.3 In using and continuing to use the Platform, you hereby expressly undertake, confirm, agree, warrant and covenant with us that you are using the Platform  and the services voluntarily at your own risk and shall not hold us liable and/or seek any legal and/or equitable remedy from us for any damages, expenses, costs and/or losses of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of using the Platform and the services provided.

 

10. Limitation on Liability

In no event will LPLA, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform , any websites linked to it, any content on the Platform or such other websites or any services or items obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

11. Governing Law and Jurisdiction

All the Terms herein contained shall be construed in all respects in accordance with the laws of Malaysia and the Malaysian Courts shall have exclusive jurisdiction over all matters arising therefrom. Any proceedings arising out of or in connection with the Terms shall be brought in a court of competent jurisdiction in Malaysia.

 

12. Notices

Unless otherwise specified herein, all notice, reminders, confirmation or other communications issued by LPLA shall be deemed to have been duly delivered. In the case of email, when LPLA’s system shows that the email has been delivered to your email address with no failed delivery notification has been received by LPLA, such email shall be deemed to have been duly delivered.

 

13. Severability

In the event that any one or more of the provisions contained in these Terms shall for any reason be held to be unenforceable illegal or otherwise invalid in any respect under the laws governing these Terms or its performance, such unenforceability illegality or invalidity shall not affect any other provisions of these Terms and shall then be construed as if such unenforceable illegal or invalid provisions had never been contained herein.

 

14. Consent To Disclosure of Personal Data

14.1 We undertake to comply with the Personal Data Protection Act 2010 in all our dealings with your personal data. We will keep your personal information secure. Occasionally, we may contact you by telephone, email or otherwise to inform you about other Product and/or Services and Platform Services we offer. We try to limit this contact to acceptable levels, but if you wish to exercise your right to opt out, simply write to: [email protected]

14.2 You hereby expressly unconditionally, irrevocably and unequivocally acknowledge, covenant, consent and agree with us that we may access, preserve and disclose any of the personal data that you make available to us when accessing or using or registering to use the Platform, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:-

  1. provide the services (which will include sharing some of your personal data with other users and third parties in accordance with this Privacy Policy) and any customer support that you request;
  2. investigate and/or take action to prevent prohibited or illegal activities, and enforce our Terms;
  3. maintain, customise, measure and improve our Platform Services, the Platform, and the content and advertising made available on or by means of the Platform and / or our Platform Services;
  4. tell you about our services, engage in targeted marketing, and provide service updates and promotional offers based on your communication preferences;
  5. compare information for accuracy, and verify it with third parties such as the insurance companies and / or credit rating agencies;
  6. respond to claims asserted against us; 
  7. to comply with legal process; 
  8. for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; and/or
  1. to protect the rights, property or personal safety of us, our users, or members of the public.

 

14.3 You hereby expressly undertake, confirm, agree, warrant and covenant with us that you will not hold us liable and/or seek any legal and/or equitable remedy from us for any damages, expenses, costs and/or losses of whatsoever nature suffered and/or incurred by you and/or any third party including costs on solicitors and client basis as a direct and/or indirect result of any of access, preservation or disclosure of your personal data. If you do not agree to this, then we cannot provide the Platform for your use and you shall stop accessing the Platform immediately forthwith. Otherwise, you will be deemed to have expressly consented to this provision if you use or continue to use the Platform.

 

15. Non-Waiver

Save where a time period has been specifically stipulated herein for the exercise of any right or power, no failure or delay on the part of LPLA in exercising any power or right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of such right or power preclude any other or further exercise of any other right or power hereunder. The rights and remedies herein provided are cumulative and not exclusive of any rights and/or remedies provided by law.

 

16. Indulgence

If you breach any of the Terms, any extension of time or indulgence as may be granted by LPLA shall not be constructed as waiver of LPLA’s rights and remedies and LPLA will still be entitled to exercise its rights and remedies at a later date or in any other situation where you breach any of the Terms.

 

17. Survival of Terms

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.

 

18. Entire Agreement 

There may be other terms and conditions on pages of the website which relate to your use of that part of the Platform. The Terms together with any others displayed on the Platform constitute the entire agreement between the parties. No representations or warranties have been made other than those expressly provided for in these Terms.

 

19. If you have any enquiries in relation to these Terms, you may contact us by email at [email protected]