TERMS & CONDITIONS
These terms and conditions (“Terms“) constitute a binding contract between Wasiyyah Ventures Sdn Bhd [Company No. 1494140-V) (“WV”, “we“, “us” or “our“) and you (“User”, “you” or “your”) and govern your use of our web portal (the “Site”) and any content, features, products and services provided by us (the “Services”) on or through the Site.
Please read these Terms carefully before utilizing the Site and the Services. By accessing or using the Site in any way, you agree to be bound by all of these Terms as well as all other policies that may be published from time to time on the Site, and any amendments, revisions, updates or modifications to each of the foregoing made by us from time to time.
The following terms shall have the following meanings:
“Account” means any User account created on the Site by, or on behalf of, you in order to access the Services;
“API” means the application programming interfaces developed and/or utilised by WV that permit the User to access the Services on the Site, including but not limited to enabling the Site’s integration with other web applications;
“Confidential Information” means all information disclosed by you to us, or by us to you, which is in tangible form and labelled “confidential” or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that is, or becomes, generally available to the public other than by violation of these Terms, or was independently developed by the receiving party without the use of the disclosing party’s Confidential Information;
“Data” means all electronic data, text, messages or other materials submitted to the Site by you in connection with your use of the Site;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Services” means any and all services provided by WV to Users through accessing the Site. Any new or modified features added to the Services shall also be subject to these Terms;
“Third-Party Services” means third-party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Services link to, or to which Users may connect or enable in connection with the Services, including, without limitation, certain Third-Party Services which may be integrated on the Site.
(2) General Conditions: Use of the Site
(a) Age Restriction
- The Site and the Services are intended for personal use only by individuals who have attained the age of majority in Malaysia. By accessing or using the Site or the Services, you represent and warrant that you are at least 18 years old, of sound mind and are a citizen of Malaysia.
(b) Prohibited Conduct
You agree not to engage in any of the following acts:
- using the Site in any way that violates any applicable laws or regulations;
- using the Site for any unauthorized purpose, including but not limited to spamming, phishing, or hacking;
- using the Site to transmit or post any content that infringes on any intellectual property rights or other proprietary rights of any third party;
- using the Site to transmit or post any viruses, worms, or other harmful code;
- using the Site to impersonate other members of the public, or other existing Users;
- using the site to create sham Accounts through the impersonation of members of the public or other existing Users.
(3) User Account & Subscription of the Services
(a) Registration of a User Account
- In order to subscribe to our Services, you shall be required to first create an Account through the Site. We may require you to submit and/or upload on the Site certain Confidential Information, Data and Personal Data in order for us to process your application to create your Account. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload any such Confidential Information, Data and Personal Data and that such information and/or documentation does not violate any third-party rights or any applicable laws, rules, or regulations. You shall ensure all of the Account information is accurate, current, and complete, and you agree to keep this information up-to-date.
- You shall be solely responsible for the safekeeping of your Account username and password. You shall prevent any unauthorized use of your Account, and you shall notify us of any unauthorized use of your Account, including any unauthorized use of the Services via your Account. For the avoidance of doubt, you shall be solely responsible for any unauthorized misuse of your Account by any unauthorized third party.
(b) The Services: Generating a ‘Wasiat’ and/or ‘Hibah’
- The Services refers to the various services offered by us to you on the Site, including the option to generate a ‘Wasiat’ and/or ‘Hibah’ on our Site through information provided by you. It is important to note that any ‘Wasiat’ or ‘Hibah’ created through our Site must comply with all the requirements under the shariah laws of Malaysia for such ‘Wasiat’ or ‘Hibah’ to have its fully intended legal effect.
(c) Your duties upon creating a ‘Wasiat’ and/or ‘Hibah’
- By agreeing to these Terms, you acknowledge that you alone are responsible for ensuring that all details provided by you in the creation of a ‘Wasiat’ or ‘Hibah’ through our Services, including all details concerning asset ownership, representations, instructions and/or warranties, fully comply with the most up to date Malaysian shariah law requirements.
- We shall generate your ‘Wasiat’ or ‘Hibah’ based on the information provided by you only once you have paid the relevant fees for such Services. It will thereafter be your responsibility to print the generated ‘Wasiat’ or ‘Hibah’ and have it signed and witnessed under the relevant shariah law requirements. Once the ‘Wasiat’ or ‘Hibah’ has been signed and attested accordingly, you shall then provide a copy of the same to us for our records. Provided, that at all material times, you shall be solely responsible for the safekeeping of the original ‘Wasiat’ and ‘Hibah’ that has been signed and attested accordingly.
- For the avoidance of doubt, you bear the sole responsibility of ensuring that your ‘Wasiat’ or ‘Hibah’ complies with any shariah law requirements. We shall not be held responsible for any issues arising out of any information provided by you including any legal non-compliance by you in the utilization of our Services.
(d) Our duties upon your completion of the attested ‘Wasiat’ and/or ‘Hibah’
- Once we have received a copy of the signed and attested ‘Wasiat’ or ‘Hibah’ from you, we shall store a softcopy of the same on our database. Such softcopy shall be made available to the beneficiaries/executor(s) under the ‘Wasiat’ or ‘Hibah’ only upon their request, and only upon us being provided with reasonably satisfactory documentary proof of the following: (a) documentary proof that the requesting individual is in fact a beneficiary/executor listed under the ‘Wasiat’ or ‘Hibah’; (b) a certified true copy of the death certificate of the User of the Account; and (c) the original death certificate of the User of the Account.
(e) Amendments or Cancellations to your ‘Wasiat’ or ‘Hibah’
- In the event you desire to amend or cancel your signed and attested ‘Wasiat’ or ‘Hibah’ that has been retained by us in softcopy format, you shall inform us accordingly in writing, so we can take the requisite steps to ensure your instructions are recorded on our database.
- In the event you subsequently create a new ‘Wasiat’ or ‘Hibah’ without first informing us to cancel the previous ‘Wasiat’ or ‘Hibah’ stored with us in softcopy format, we shall hold no liability whatsoever for any dispute arising therefrom.
(4) Terms of Payment
- In consideration for the subscription of the Services, the User shall pay WV the non-refundable fees set forth in the applicable billing page, including any applicable taxes, in accordance with the payment terms set forth therein and without offset or deduction.
- If you pay by credit or debit card, the Site provides an interface for the account owner to provide the credit or debit card information. You agree for us to use Third-Party Services to manage credit and debit card processing. You will receive a receipt for each confirmed payment. Whereas if we cannot charge your selected payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we shall attempt to charge the payment method again.
- If you pay by bank transfer, only the final amount received by us excluding any and all banking charges or other associated fees shall be deemed as payment. Once you have completed the transfer, please email us with your payment confirmation and proof of transfer attached.
- For the avoidance of any doubt, if you fail to make full payment to us on or before the due dates specified by us, we reserve the right to suspend and/or terminate your Account immediately. In such circumstances, we may commence legal proceedings against you for the recovery of any outstanding sums due and owing to us.
These Terms shall remain in full force and effect until and unless your use of the Site and/or Services has been terminated. We may, in our sole discretion, terminate or suspend your access to all or part of the Site and/or Services with or without notice and for any reason, including but not limited to any breach of these Terms by you. Upon termination, you must immediately cease all use of the Site, and we may immediately deactivate a User’s Account. Provided always that any such deactivation or termination shall not relieve the User of any obligation to pay the fees accrued or payable to us, or of any liability, pertaining to the User’s use of the Services prior to such termination.
(6) Disclaimer of Warranties
- You agree that the use of the Site and the Services are entirely at your own risk. The Site and the Services are provided on an “as is” and “as available” basis without any warranties of any kind, be it express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- We do not warrant that the Site will be uninterrupted or error-free, that defects will be immediately corrected, or that the Site or the server that makes the Site available is free of viruses or other harmful components.
- We shall have no liability for any: (a) errors, mistakes or inaccuracies of content; (b) damages arising out of your access to the Site or the subscription and use of the Services; (c) any unauthorized access to any Confidential Information, Data or Personal Data; (d) any interruption of transmission to or from the Site or Services; (e) any computer viruses or malicious code that may be transmitted on or through the Site or Services; (f) any loss or damage of any kind incurred as a result of the use of any functionality made available on the Site or Services; or (g) any corruption, loss of, or error in any data or information provided by you in the utilization of our Site and/or Services.
(7) Disclaimer of Legal Advice
- Users are hereby put on notice that we are not a law firm, we do not engage in the practice of law, and we do not render any legal advice. Nothing in this Site is to be considered as creating a solicitor-client relationship between the User and us, or as us rendering legal advice for any specific matter. Users are at all material times responsible for obtaining such advice from their own legal counsel, including information relating to our Services.
- No User should act on the basis of any information contained in this Site or utilize the Services without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue. We accept no responsibility for any loss which may arise from accessing the Site, reliance on information contained on this Site, or through the utilization of the Services. We hereby expressly disclaim, to the fullest extent permitted by applicable law, any and all liability with respect to acts or omissions made by Users on the basis of such information.
(8) Limitation of Liability
To the fullest extent permitted under law, in no event shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or the Services, including but not limited to loss of profits, use, data, or other intangible losses, whether based on warranty, contract, or tort.
You agree to defend, indemnify, and hold harmless WV, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of, or relating to: (a) any information (including your Data, Personal Data or any other information) that you or anyone using your Account submits, posts or transmits on the Site or through the Services; (b) the use of the Services by you or anyone using your Account; (c) the violation of these Terms by you or anyone using your Account; or (d) the violation of any rights of any third party, including any violation of their intellectual property or proprietary rights, by you or anyone using your Account.
(10) Collection, Storage & Disclosure of Personal Data & Data
- You confirm that all Personal Data and Data provided by you are all true, up-to-date and accurate. Should there be any changes to any of your Personal Data or Data, you shall notify WV immediately.
- You hereby authorise WV to collect, process and store your Personal Data and Data for the purposes of providing and administering the Services you have subscribed for.
- WV may disclose your Personal Data and Data where required to do so by an order of court, and/or upon any request by any Malaysian regulatory bodies including Bank Negara Malaysia and Securities Commission Malaysia.
- You hereby authorize WV to disclose your Personal Data and Data to any of WV’s auditors, legal counsels and affiliates including any of WV’s vendors, subsidiaries, and companies engaged by WV to provide Third-Party Services on the Site.
- Additionally, you hereby authorise WV to collect and store the following information:
- Device Information: information that is automatically collected pertaining to the device used to sign in to your Account on the Site;
- Location Information: information that is automatically collected via analytic system providers to determine the location of the device used to sign in to your Account on the Site;
- Account Information: information generated by your Account.
(11) Security & Equipment
Information provided by you in connection with the Services will be stored on WV’s servers which are protected via encryption. You must at all times safeguard your security access to your Account, and you shall be solely responsible for the utilization of any of our Services on your Account via your security access.
(12) Intellectual Property
- Except as expressly set forth herein, these Terms do not grant: (a) WV any intellectual property rights over your Personal Data; or (b) the User any intellectual property rights in respect of the Site or the Services or WV’s trademarks and brand features.
- The materials displayed and contained in the Site, which may include (without limitation) all information, data, materials, graphics, API or other information as well as any software programs available on or through the Site in relation to the Services (“Content” or “Contents” as the context may require) are protected by copyright, trade mark and/or other intellectual property laws, unless where expressly indicated to the contrary. All rights, titles and interests pertaining to the Contents are owned, licensed to or controlled by WV. Users shall acknowledge that the Site and its Contents, including but not limited to the text, photographs, graphics and any audio or video applications, is designed and presented by WV in a format and appearance unique to WV (“WV’s Look and Feel“). WV’s Look and Feel is protected by copyrights, trademarks and/or other applicable intellectual property laws.
- Save where expressly provided for above, Users are strictly prohibited from copying, storing (either in hardcopy or in an electronic retrieval system), downloading, transmitting, transferring, publishing, reproducing, broadcasting, displaying, distributing, selling, licensing any part of the Contents to any third person whether for commercial purposes, for pecuniary gain or otherwise, without the prior written consent of WV.
(a) Entire Agreement
These Terms constitute the entire agreement between you and WV with respect to the subject matter of these Terms and supersedes and replaces any other prior or contemporaneous agreements. For the avoidance of doubt, these Terms do not give rights to any third parties.
(b) Waiver, Severability & Assignment
Any omission by us to enforce a provision does not constitute a waiver of our right to do so later. If a provision is found to be unenforceable in law, the remaining provisions of the Terms will remain in full effect and any unenforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. WV may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
(d) No Agency
Nothing in these Terms shall be construed as creating any partnership or agency relationship between you and us.
You consent to our appointment of subcontractors and sub-processors to execute and/or facilitate the execution of the Services.
(f) Force Majeure
We shall not be held liable for any delay in, or failure of, the performance of the Terms above resulting from a national pandemic, floods, acts of God, wars, insurrection, riots, labour disputes, or any other cause, contingency or circumstance whether similar or dissimilar that is beyond our reasonable control. On the occurrence of any of the Force Majeure events above, we shall provide you written notice and full particulars thereof by publishing the same on the Site as soon as practicably possible. In any such event, we shall resume performance promptly after the cause of such delay or failure has been removed.
(g) Governing Law & Jurisdiction
These Terms and your use of the Site and the Services will be governed by and construed in accordance with the laws of Malaysia. Any legal action or proceeding arising out of or relating to these Terms, the Site or the Services shall be brought exclusively in the courts of Malaysia.
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