Terms & conditions
1.1 We exist to help Users draft wills. We are not a law firm and we do not provide legal advice, legal representation or lawyer referral services. As such, there will not be any solicitor-client relationship between any User and us.
1.2 99wills is not a substitute for any professional financial or legal services. You are advised to, and you agree to obtain your own independent professional legal or financial advice for a holistic and complete estate and succession planning, or to provide you with certainty that any will generated through 99wills Services is valid under the laws that may apply to you. You agree that any content on the Website is for information purposes only and should not be treated or be construed as legal advice, and that you will not act and will refrain from acting on the basis of any content.
1.3 To use the 99wills Services, you confirm that you:
- are at least 18 years old (West Malaysians and Sarawakians) or 21 years old (Sabahans);
- you are of sound mind;
- you are a non-Muslim;
- you are a Malaysian citizen or a Malaysian permanent resident;
- the Information you provide is true, current, complete and accurate; or where Information provided is with regard to another person, you have obtained their consent or approval to disclose such true, current, complete and accurate Information.
2.1 For the purposes of these Terms, the following expressions or capitalized words when used here shall have the following meaning:
“99wills Account” means an account you registered with us for the provision of 99wills Services.
“99wills Services” means the service of generating the Will Document from a User’s input into the Website.
“content” includes without limitation, any and all information, data, text, messages, writings, articles, responses, business profiles, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, or other materials provided, posted or otherwise made accessible or available in/on the Website, and any written communication between 99wills team and you.
“Copy” means the use of any robot, spider, other automatic software or device or manual process to monitor or copy, frame, mirror, modify, reproduce, republish, distribute, display, or transmit, the Website in whole or in part, or any or all of the content, whether or not such monitoring or copying, framing, mirroring, modification, reproduction, republication, distribution, display or transmission of the Website or content is done through or in a physical or digital medium.
“Information” includes without limitation:
- any personal details in relation to any person, whether true or not, including but not limited to a person’s email address, marital status, name or alias, national registration identification card number (NRIC), passport number, asset details, age and address;
- any information, data, text, messages, writings, articles, responses, business profiles, photographs, videos and audio clips that you choose to provide, submit or transmit to us through our Website or through any form and/or medium including but not limited to web forms within our Website, emails to us, and in your conversations with any of our employees and/or agents;
- details that you provide, submit or transmit to us whether or not such Information belong or pertain to you (including Information that you may submit or transmit to us) and whether or not you have authority, approval or consent to so provide, submit or transmit such Information to us.
“Intellectual Property Rights” means all current and future trademarks, service marks, business names, logos, domain names, other brand designations, copyright, patents or rights in computer software, mobile applications, databases, inventions, trade secrets, know-how, rights in designs, topographies, devices, trade and all other intellectual property rights and applications for any of those rights (where such applications can be made) capable of protection in any relevant country of the world that is associated with 99wills.
“Third Party Servers” mean the third party cloud-based data servers that we use to store Information.
“Use” means accessing, viewing, using, clicking on buttons or links, or otherwise interacting with our Website or any part or element thereof, and includes but is not limited to:
- Receiving any notification or communication from the Website or from us (in whatever medium including email, SMS or via any other social media platform such as Facebook, LinkedIn, Instagram etc.)
- Entering any input into the Website
- Generating the Will Document from your input into the Website
“User” means any person or entity that engages in the Use of our Website.
“Website” means www.99wills.com.my.
“Will Document” means the document indicating your wishes after you pass on, that is generated by the system from the Information provided by a User.
2.2 Where the singularis used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders and vice versa, as the context shall
- CHANGES TO THE TERMS AND/OR SERVICES
3.2 If you do not wish to be bound by the change, you may discontinue your use of and terminate the 99wills Services before the change becomes effective. Your continued use of 99wills Account and/or 99wills Services shall constitute your acceptance of the prevailing Terms including any term which may have been amended from time to time.
3.3 You are responsible to regularly check the Terms for updates or amendments. For the avoidance of doubt, these Terms shall also apply to unregistered visitors of the Website.
3.4 We reserve the right to restrict access to any or parts/areas of the Website, at our sole discretion. We may change, suspend or end any 99wills Account or 99wills Service at any time, at our sole discretion.
- ACCOUNT REGISTRATION
4.1 In order to access 99wills Account and/or 99wills Services, you must create a User ID and password. You must keep the User ID and password confidential, in a safe place, and to protect it against unauthorized access by third parties with appropriate precautions.
4.2 When registering to access and use 99wills Services, you agree to provide us with true, accurate, current and complete information and details that we may reasonably require from you to provide you with 99wills Services. You also agree to keep your contact information up to date.
4.3 You agree that the 99wills Account will be used by you only and will not be shared with or transferred to others. Please notify us in writing immediately if you become aware of any unauthorised use of your 99wills Account or User ID and password.
- OUT-OF-SCOPE SERVICES
5.1 As we do not provide the services referred to below, you agree and acknowledge that that you will not use 99wills Services to generate Will Documents for such purpose. Where you require such services however, please seek independent legal advice.
- Generating Will Documents that (i) cover non-Malaysian assets and testamentary trusts; and/or (ii) contemplate having more than one Secondary Executor.
- Ensuring or verifying that all Information provided are true, complete, current and accurate.
- Ensuring or verifying that your Will Document (i) accurately reflects your estate and succession planning needs and requirements; (ii) is properly executed in accordance with the relevant legal formalities that may be required by law; and/or (iii) any of the clauses in your Will Document are or will be valid or effective in law.
- Ensuring that any of your assets will be distributed in accordance with your wishes upon your passing.
- PRICING AND PAYMENT
6.1 Where the prices listed on the Website or anywhere else on the Website differs from the “Checkout” page of the Website, the prices listed on “Checkout” page shall prevail. Prices for any unpurchased 99wills Services may be revised at any time, and may be subject to promotions or incentives which may be provided to you, or withdrawn, at our discretion and under any terms that we may specify.
6.2 Some of 99wills Services are optional and require payment of fees (“Additional Services“). All fees are stated in Malaysian Ringgit. You shall pay all applicable fees in connection with the provisions of your chosen 99wills Services and any related taxes or additional charges.
6.3 Purchases of Additional Services are final and non-refundable, except at our sole discretion and in accordance with the terms governing each Additional Service. Termination under these Terms may result in forfeiture of sums paid toward purchased Additional Services.
- LIMITATIONS ON USE
7.1 You shall use the Website and/or 99wills Services in full compliance with these Terms. You agree that you will not:
- use the Website and/or 99wills Services (i) to transmit any false, misleading, fraudulent or illegal communications; (ii) for any other purpose except to facilitate your personal use of 99wills Services to generate your own Will Document; and/or (iii) other than in accordance with these Terms;
- sell, sublicense, time-share or otherwise share 99wills Services with any third party;
- republish, download, display, transmit, or distribute all or any portion of the Website and/or 99wills Services included into the Website in any form or media or by any means;
- Copy or use the content in connection with a service deemed competitive by us;
- access content or data not intended for you, log onto a server or account that you are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the Website and/or 99wills Services;
- access 99wills Services for purposes of monitoring its availability, performance or functionality or for any other benchmarking or competitive purposes;
- send spam or other unwelcome communications to others, or act in an unlawful, defamatory, libelous, abusive, discriminatory or otherwise objectionable manner as determined by us, through the use of 99wills Services;
- copy, modify, decompile, reverse engineer, disassemble, reduce to human-perceivable form, rent, lease, loan, sell, sublicense, time-share or share or create derivative works from the Website or 99wills Service or attempt to do so;
- use any network monitoring or discovery software to determine the source code or website architecture or extract information about usage, individual identities or Users;
- attempt to probe, scan or test the vulnerability of the Website, or any associated system or network, or to breach any security or authentication feature or measures of the Website and/or 99wills Services;
- use any device, software, or routine that interferes with any application, function, or use of the Website and/or 99wills Services, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication;
- Copy our Website or content for (i) commercial, non-profit or public purposes unless with our express and written consent; and/or (ii) any purpose except to the extent of generating your own Will Document;
- use 99wills Services either directly or indirectly to support any activity that is illegal and/or immoral including but not limited to violating our Intellectual Property Rights or that of others;
- email or otherwise transmit any content that contains any malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, poses or creates a privacy or security risk to any person or entity, constitutes unsolicited or unauthorized materials or is otherwise objectionable;
- override any security feature of 99wills Services; and
- authorize, incite, abet or conspire with any third parties to do any of the above.
- PROVISION OF INFORMATION
8.1 Where you provide any Information in the course of your use of the Website and/or 99wills Services, you represent that any and all Information provided is true, complete, current and accurate, and in compliance with applicable laws of your jurisdiction.
8.2 If the Information concerns person(s) other than yourself, you represent and warrant that:
- you have obtained the consent or approval of such person(s) in providing such Information to us, and have authority to do the same;
- such Information is true, complete, current and accurate; and
- you have obtained the consent of such person(s) for us to use, collect, store or disclose such Information in accordance with these Terms.
8.3 You agree that any and all Information provided, whether or not relating to or belonging to you, may be collected and stored on our servers, and that you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to Copy, use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt and create derivative works of Information, without any further consent, notice and/or compensation to you or others, subject to applicable laws.
8.4 Nothing in these Terms shall be deemed to impute an obligation of confidentiality on us with respect to your Information. If required by law (for example, a court order and a government or regulatory demand or requirement having the force of law), we may disclose such Information as so ordered.
- AGENT OR REPRESENTATIVE
9.1 If you are agreeing to these Terms and/or using 99wills Services on behalf of, at the request of or under the direction of another person, you represent and warrant that you have authority to bind that person to these Terms, and your agreement to these Terms will be treated as the agreement of that person. In such circumstance, “you” and “your” as used in these Terms shall refer to that person to the extent possible or applicable.
9.2 You confirm that:
- you have notified the other person of these Terms and the person is aware of these Terms and their obligations;
- you are a duly authorised agent of the person and are duly authorised by the person to consent to these Terms on his or its behalf;
- you are consenting to these Terms on his or her behalf;
- that person is at least 18 years old; and
- that person is otherwise fully able and competent to accept, abide and comply with these Terms.
9.3 Where you use 99wills Services on behalf of another person, you confirm that you are duly authorised by the person to generate a Will Document on that person’s behalf.
9.4 You agree that we will not be responsible for any error, mistake, omission, neglect or default while you use our Website on behalf of your principal, including but not limited to the truthfulness, completeness, currency and accuracy of:
- any Information you entered into the Website; and
- your principal’s intentions as reflected in the Will Document.
- INTELLECTUAL PROPERTY RIGHTS
11.1 We own all Intellectual Property Rights. These Terms do not convey any proprietary interest in or to our Intellectual Property Rights or entitlement to the use thereof, save that we grant you an exclusive, worldwide, royalty-free, non-licensable, non-transferable right and license to make duplicates, reproduce, transmit or modify the Will Document, where applicable, strictly for your own non-commercial personal use and without prejudice to Terms.
- THIRD PARTY SERVICES
Third Party Payment Provider
12.1 We use a third party payment services provider (“Payment Provider“) to bill you through a payment account linked to the Payment Provider. By making use of these payment services on the Website, you agree to be bound by terms as laid down from time to time by the Payment Provider and hereby consent and authorise us to delegate the authorisations and share information you provide to us with our Payment Provider to the extent required to provide the Additional Services to you. You agree we may change a Payment Provider at any time.
12.2 If we, through the Payment Provider, do not receive payment from you, you agree to pay all amounts due under your 99wills Account upon demand.
12.3 You agree for your payment details to be transmitted, sent or otherwise communicated to our Payment Provider and thereafter to be stored on our Payment Provider’s servers for provision of 99wills Services and that such use and storage may be done on such servers. You further agree that the security measures with regard to the sending, transmission or communication to, and thereafter the storage on those Payment Provider are adequate and reasonable.
12.4 You agree that we will not be responsible for:
- any breach on the part of the Payment Provider in the receipt and storage of payment details, including but not limited to losses and/or damages suffered or incurred by you arising out of the receipt and storage of your payment details by the Payment Provider; and
- any breach or negligence on the part of us in the sending, disclosure, transmission and/or communication of your payment details, including but not limited to losses and/or damages suffered or incurred by you arising out of the sending, disclosure, transmission and/or communication of your payment details by us.
Third Party Servers
12.5 We use Third Party Servers to store your Information in order to provide you with 99wills Services and to generate and store your Will Document. Whilst we will make reasonable efforts to use secure Third Party Servers, the security and storage location of your Information will be based on the security measures put in place by the Third Party Servers, and on the location of those Third Party Servers. You agree that we may change Third Party Servers at any time.
12.6 You consent and authorise us to, transmit, send or otherwise communicate your Information to, and/or analyze, organise, manipulate, use, and store your Information on such Third Party Servers for the purposes of providing you with 99wills Services.
12.7 You consent and agree that your Information may be transmitted, sent or otherwise communicated to our Third Party Servers and thereafter be stored on our Third Party Servers at any of the locations at which their physical servers exist for the purposes of providing you with 99wills Services.
12.8 You further agree that the security measures with regard to the sending, transmission or communication to, and thereafter the storage on those Third Party Servers of your Information are adequate and reasonable.
12.9 99wills shall not be responsible for (a) any breach on the part of the Third Party Servers in the receipt and storage of your Information, and shall not be liable for any losses and/or damages suffered or incurred by you in relation to the same; and/or (ii) any breach on part of us in the sending, disclosure, transmission and/or communication of your Information and shall not be liable for any losses and/or damages suffered or incurred by you arising out of the same.
13.1 The Website is provided on an “as is” and “as available” basis. While we make reasonable efforts to ensure that the Website and 99wills Services are available most times and the content on the Website are accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that the Website and 99wills Services will be available at all times or that the content is accurate, complete or up to date or that the Will Document and the clauses therein as generated by us will be accurate, legally valid or correct.
13.2 We make no representation or warranty, express or implied, that the Website and/or 99wills Services or any feature thereof shall always be reliable, timely, secure or defect free, or that the services will be uninterrupted and available at all or any particular time or location. You accept that we do not represent or warrant that the Website and/or 99wills Services will be error-free at all times. You are also aware and acknowledge that the Website and/or 99wills Services rely on third party technologies and facilities including internet connectivity which are not within our control. You acknowledge the characteristics and limitations of digital and wireless networks and that data may be corrupted, delayed or lost despite security and other measures taken by us. You agree not to hold us liable for any failures as highlighted above.
13.3 You expressly agree that your use of the Website and/or 99wills Services is at your sole risk and discretion and you will assume total responsibility. You will rely on your own review and evaluation of the Website and/or 99wills Services to assess its suitability for your particular purpose. Your sole remedy against us in the event of dissatisfaction is to cease using Billplz Services.
13.4 If you dispute any content or feel that the content is false, intentionally misleading, defamatory or offensive, you may communicate directly with us at [email protected] for the purposes of verifying the content or taking down the content from the Website. We reserve the right, but do not have any obligation, to remove any content from the Website at any time, and for any reason, without notice.
14.1 You and/or your estate undertake to keep us and our affiliates, officers, agents, partners and employees indemnified and hold harmless against any losses, damages, costs, liabilities and expenses (including, without limitation, any amounts paid by us to a third-party in settlement of a claim or dispute, and all legal fees and all related costs and expenses of litigation, arbitration, mediation or any other forms of dispute resolution) incurred or suffered by us relating to or arising out of:
- any action started by (i) your principal against us or (ii) by your principal against you or (iii) you, your estate or your beneficiaries, whether in an action of contract, negligence, or other tortious action, including without limitation any claim for personal injury or property damage against us, arising out of or otherwise in connection with (x) a Will Document, your use of 99wills Service or your use of the Website; (y) transmission, sending, communication of your Information, Information that you have provided and/or payment details to and subsequent storage of the same by the Third Party Servers and/or Payment Provider or (z) any Payment Provider and/or Third Party Servers;
- any breach of these Terms by you, your principal or third party;
- ineligibility to use the Website or 99wills Services;
- any provision, submission or transmission of incorrect or false information via the Website or your violation of any rights of another as a result of such action (for example, provision of personal data of other person(s) without the consent of such other person(s));
- any violation by you of any laws, statutes, rules, or regulations, even if we have been previously advised of the possibility of such violation;
- any other indirect, punitive, special, incidental or consequential damage or economic loss (including legal fees and all related costs and expenses of litigation, arbitration, mediation or any other forms of dispute resolution) incurred or suffered by us as a direct or indirect result of your breach of these Terms, in particular a breach of confidentiality with respect to the User’s Information.
- LIMITATION OF LIABILITY
15.1 We shall not be liable to you, your estate and/or any beneficiaries of your estate for any loss or damages, whether direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind whatsoever, and any loss of profits, sales, revenue, data, use, goodwill or other intangible losses, incurred, relating to, arising out of, or otherwise connected directly or indirectly to including but not limited to:
- your access to, use of, or inability to access or use 99wills Services and/or our Website;
- delays, disruptions, viruses or other malicious software obtained by accessing or linking to our Website or 99wills Services or glitches, bugs, errors or inaccuracies of any kind in our Website or 99wills Services;
- in any manner relating to any content, and in particular, your reliance on any content;
- the damage, misappropriation and/or misuse of your Information and/or other information by any third party service provider;
- the quality, reliability or accuracy of the Will Drafting Service and the Will Document;
- the content, actions or inactions of third parties’ use of the Website or Gogig Services;
- a closure, suspension or other action taken with respect to your 99wills Account;
- your failure to keep your username and password secure;
- any act, omission, neglect, default, mistake, error, or inaccuracy, whether programmatic or typographical, in 99wills Service or in the Will Document, whether or not it directly or indirectly results in a failure of distribution, gift or transfer of any asset; an incorrect distribution, gift or transfer of any asset; any deviance of the distribution, gift or transfer of any asset from your wishes; the invalidity of any clauses in the Will Document, or the invalidity of the Will Document.
15.2 We also accept no liability for the content of other websites that you visit via hyperlinks from our Website. We have no influence on the configuration and content of such sites. Should you obtain knowledge of illegal content on websites of other providers which can be reached via our Website, please inform us so that we can remove the reference to the content in question.
15.3 To the extent permitted by law, our total liability for any claim under these Terms, including for any implied warranties, is limited to Ringgit Malaysia One Hundred (RM100) only.
16.1 If you have not used or purchased any 99wills Services, you may terminate these Terms at any time without notice and without reason by refraining from accessing or using the Website and/or 99wills Services.
16.2 We may terminate or temporarily suspend your access to the Website and/or 99wills Services without cause at any time without notice at our sole discretion. We may also terminate or temporarily suspend your access to the Website and/or 99wills Services with cause in the event:
- you breach any material provision of these Terms that (if it is capable of being cured) is not cured within ten (10) days from notice to you;
- we determine that your actions are likely to cause legal liability for us or that you have misrepresented any data or information required by us to provide you with 99wills Services or at any other time.
16.3 You agree to waive your right to pursue any costs, losses, damages or liabilities arising out of or related to our temporary suspension and/or termination of your access to our Website and/or 99wills Services.
16.4 Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.
- DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
17.1 These Terms shall be governed and construed in accordance with the laws of Malaysia.
17.2 If parties fail to resolve the dispute in an amicable manner, each party agrees that such dispute will, prior to resorting to litigation, be submitted to mediation, and that the parties will engage in the mediation process in good faith. Any mediation initiated arising from these Terms shall be submitted for mediation at the Malaysian Mediation Centre (MMC) administered according to the MMC rules for the time being in force, failing which the dispute shall be referred to and finally, exclusively and conclusively resolved by the Malaysian courts.
17.3 Any party may submit a request to mediate to MMC upon which the other party will be bound to participate in the mediation within ninety (90) days thereof. Every party to the mediation must be represented by personnel with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the mediator(s) will be appointed by MMC. The mediation will take place in Malaysia and the parties agree to be bound by any settlement agreement reached.
- GENERAL PROVISIONS
18.1 No Partnership or Agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person save in the circumstances as provided for in Clause 9.
18.2 Severability. If any provision of these Terms is found to be invalid, void or unenforceable under any applicable law, such provision shall be excluded or deemed deleted to the limited extent necessary and replaced with a valid provision that best embodies the intent of these Terms. The remaining provisions herein shall not be affected and shall continue to apply to the fullest extent.
18.3 Non-Waiver. Our failure to enforce or insist on strict performance of any of these Terms shall not be construed as a waiver of any provision or right herein unless such waiver is made in writing, nor shall any course of conduct between us or any other party be deemed to modify any provision of these Terms.
18.4 Successor. These Terms may not be construed or interpreted to confer any rights or remedies on any third parties. These Terms shall be binding on your successors-in-title and permitted assigns.
18.5 Survival. Where any term hereof by its sense, nature or context is intended to survive the closure of your 99wills Account or termination of the agreement between us, such term shall continue in full force and effect to be binding on you, including, without limitation, terms as to representations, warranties, indemnities, limitation of liabilities, intellectual property rights and personal data.
18.6 Force Majeure. We will not be responsible for any delay or failure in performing our obligations herein due to an unforeseeable event or causes which are not within our reasonable control (force majeure). Force majeure events shall include without limitation acts of sabotage, fire, natural catastrophes, legislative or regulatory changes or directives, and failure or interruption of utilities such as electricity, telecommunications, internet service providers, banking systems or other third party providers.
18.7 Assignability. We may assign, transfer, charge, subcontract, novate or deal in any other manner with all or any of our rights or obligations under these Terms as we deem fit or necessary without your consent. You may not assign, transfer, charge, subcontract, novate or deal in any other manner with all or any of its rights or obligations under these Terms.
18.8 Notice. Any notice required under these Terms shall be given in writing and will be deemed effective upon delivery to the party to whom it is addressed. All notices shall be sent to the applicable address specified on the registration documents or to such other address as the parties may designate in writing.
18.9 Headings. Headings are for reference purposes only, have no substantive effect, and will not enter into the interpretation hereof.
18.10 Entire Agreement. These Terms constitute sets forth the entire agreement and understanding between you and 99wills and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof.