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Below are the Terms and Conditions of our Solon Will writing platform and/or related to legacy planning or wealth planning tools and/or platform. Please read carefully and/or if necessary, consult independent legal prior to the use.
For any inquiries or assistance, please email us at customerservice@dws2u.com or WhatsApp us at +6012-250 7931.
The Will Writing Platform (“Service”) is provided by DWS Wealth Partners Sdn. Bhd. (Formerly Known As VIVASPACE SDN. BHD.) [202301038491/1532413-X] (“DWS”). These are the terms and/or conditions governing the access, provision, and/or use of the Service.
You shall indicate your understand/oring of the Product Disclosure Sheet of the Service (“Product Disclosure Sheet”, or “PDS”) and/or agreement to the Terms and/or Conditions and/or accept responsibility for your use of the Service by clicking on the “Accept” button appearing at the end of the Terms and/or Conditions. You should read the Product Disclosure Sheet and/or the Terms and/or Conditions carefully before you click the “Accept” button and/or accept them. If you click the “Cancel” button, there will be no subscription for the Service.
Please note that usage of the Service is subject to all applicable laws and/or regulations in Malaysia and/or the Terms and/or Conditions. Unauthorized access and/or use of the Service is strictly forbidden.
For the purpose of the Terms and/or Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein.
“Solon Will” – Means the Will for a Non-Muslim person and/or user should be 18 years old and/or above made available by DWS following subscription to the Service.
“Website” – Means www.dws2u.com
“Fee and/or Charges” – Means The prevailing fees payable for each subscription package of the Service, as updated and/or indicated on the Website. All fees specified DO NOT include any government taxes, including but not limited to the Sales and/or Services Tax (SST), which will be charged separately, if applicable.
2.1 You must first have a valid username and/or password and/or subscribe for the Service.
2.2 The Service is for your exclusive use only. You are prohibited from using the Service on behalf of another person EXCEPT our authorized resellers who are permitted to use the Service on behalf of their clients
2.3 You acknowledge and/or agree to accept the Service via the secured Website in accordance with the Terms and/or Conditions.
2.4 DWS reserves the right to reject your subscription for the Service at its sole and/or absolute discretion without providing any reasons whatsoever.
2.5 You may at any time cancel or unsubscribe for the Service provided that such cancellation or un-subscription is done prior to the payment of the Fees.
2.6 DWS reserves the copyright of the Solon Will and/or you undertake to not copy or re-use the content of the Solon Will and/or share or distribute the content of the Solon Will to any other party or for any commercial use.
2.7 You are advised to contact DWS should you require additional information or clarification in respect of the Service or should you have any special instructions for the writing of a Will.
2.8 By clicking the on the “Accept” button appearing at the end of the Terms and/or Conditions, you fully understand/or your right to consult a legal practitioner for advice in regards to the Solon Will before signing the Solon Will and/or DWS shall not be held responsible for your failure to do so and/or shall not be held liable for any loss and/or damage suffered by you for your failure to do so.
2.9 By clicking on the payment button, you fully understand/or your responsibility and/or risk of accepting the service.
3.1 Upon download and/or printing of the Solon Will, you shall:
a) Read the Solon Will to confirm that all information therein is correct and/or reflects your wishes regarding the beneficiaries, distribution of estate, and/or appointment of executors.
b) If it is in order, sign the Solon Will in the presence of two (2) witnesses who are both 21 years old and/or above.
c) Ensure that the witnesses simultaneously sign as witnesses to your signature.
d) Ensure that the witnesses are not named as beneficiaries under the Will.
e) Keep the duly signed and/or witnessed original physical Will in a safe and/or secure place.
3.2 Your failure to comply with clause 4.1 may render the Will invalid and/or not enforceable and/or DWS shall not be held liable for any loss and/or damage that you suffer.
4.1 DWS will only accept e-payment of the Fees if paid through the payment gateway on our Website.
4.2 Subject to Clause 4.3 herein, Fees paid by you are not refundable.
4.3 DWS may consider making a refund of the Fees at its absolute discretion.
4.4 DWS reserves the right to revise the Fees from time to time and/or publish the revised Fees on the Website.
4.5 All fees specified DO NOT include any government taxes, including but not limited to the Sales and/or Services Tax (SST), which will be charged separately.
5.1 DWS requires the information as requested for the provision of the Service (“Information”).
5.2 DWS will keep the Information confidential and/or will only disclose the Information where it is necessary to auditors, legal counsel, and/or other professional advisors, to any regulators and/or in accordance with the law.
6.1 Under the Personal Data Protection Act (PDPA), we are required to obtain your explicit consent when we collect and/or process your sensitive personal data. We collect your sensitive personal data to assess your application and/or to administer the products and/or services that you have signed up for.
6.2 Declaration: By clicking on the “Accept” button appearing at the end of the Terms and/or Conditions, you are declaring that you have read, understood, and/or agreed to be subject to DWS’s Privacy Notice and/or are expressly consenting to and/or authorizing DWS:
a) To request and/or obtain all the personal information and/or data in this form for the purpose of processing this application and/or for all other purposes which are required in relation to the Service;
b) To collect and/or process your sensitive personal data for the purpose of this application (where applicable).
By clicking on the “Accept” button appearing at the end of the Terms and/or Conditions, you further confirm that all personal data that you have provided are true, up-to-date, and/or accurate. Should there be any changes to any of your personal data, you shall notify DWS by email at customerservice@dws2u.com or WhatsApp us at +6012-250 7931.
7.1 DWS shall not be appointed as executor in your Will.
7.2 DWS does not provide nor purport to advise you in connection with your: (a) Tax consequences arising from such distribution; (b) Effectiveness of such distribution; and/or (c) Legal consequences of such distribution.
8.1 DWS:
a) Shall not be responsible for the administration of your estate unless being appointed.
b) Is not responsible for:
(i) Verifying your identity, age, or testamentary capacity.
(ii) Verifying any information that you have provided.
(iii) Any delays or failure in its performance under these terms and/or conditions resulting from circumstances beyond the control of either DWS 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 DWS from operating normally;
(iv) Any fraud or dishonest conduct of any third party including but not limited to hacking and/or phishing; and/or
(v) Any tampering or misplacing of the Will while in your custody.
8.2 DWS, it’s representatives and/or advisor make no representation or warranty that you will have continuous or uninterrupted access to the Service, or that any of the functions of the Service will be error-free or that no damage will occur to your computer system. The Service is provided to you “as is” and/or “as available” and/or the access to the Service is strictly at your own risk. DWS and/or its service providers make no representation or warranty relating to the Service, including, without limitation, its performance, availability, content, or functions.
8.3 In addition to any other disclaimers and/or exclusions as may be stipulated in the Terms and/or Conditions, and/or to the extent as may be permitted under law, DWS disclaims all warranties, conditions, guarantees, representations, express or implied with respect to the Service. You shall use this Service at your own risk.
8.4 In no event will DWS or their 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 Service including but not limited to loss or damage rising from:
a) any defect, delays, interruptions or failures in the provision of the Service;
b) any inaccuracies, or errors in any data or information in the Will or otherwise provided or made available via the Service;
c) the corruption, loss of or error in any data or information provided by the Customer for incorporation in the Will for any reason;
d) any unauthorized 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;
e) your failure, neglect, or omission to act in accordance with the Terms and/or Conditions and/or any other laws, rules, regulations, policies, and/or guidelines currently in force.
f) an event which is beyond the reasonable control of DWS;
g) DWS performing and/or exercising its rights, obligations, and/or discretion pursuant to these Terms and/or Conditions; and/or
h) the act or omission of any party other than DWS.
8.5 The foregoing clauses shall fully apply as permitted in law.
9.1 You shall keep DWS fully indemnified on a full indemnity basis against all losses, damages, fees, costs, charges, duties, expenses, legal costs etc arising directly or indirectly that DWS may howsoever sustain or incur including but not limited to those arising from:
a) Your use or purported use or misuse of this Website or the Service provided herein; or
b) Your breach of the Terms and/or Conditions howsoever occasioned; or
c) Any intellectual property right or proprietary right infringement claim made by a third party against DWS in connection with your use of the Service.
10.1 Information you provide in connection with the Service will be stored on the Website’s secure servers and/or protected by certain encryption techniques. However, the security of the Service depends upon your efforts to protect your access to the Website. You must take all necessary precautions to safeguard your access to the Website, which allows you to access the Service.
10.2 You shall be responsible for all access and/or use of the Service whether authorized by you or otherwise and/or shall indemnify DWS in relation to any liability, losses or damages suffered or incurred by DWS arising from the access and/or use of the Service.
11.1 Other than your personal information, all content available on the Service is the property of DWS and/or is protected by copyrights, trademarks, or other intellectual and/or proprietary rights. Your usage of the Service does not grant you a license or right to use any DWS trademark without the express written approval of DWS. In addition, your usage of the Service 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.
12.1 DWS may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature termination should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and/or limitations of liability.
13.1 The Terms and/or Conditions are governed by and/or are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the Service provided herein by DWS, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this Website.
DWS makes no representation that the materials, information, functions and/or services provided on the Website are appropriate or available for use in jurisdictions other than Malaysia.
13.2 If any part of the Terms and/or Conditions is determined to be invalid or unenforceable pursuant to applicable laws including, but not limited to, the warranty disclaimers and/or 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/or the remainder of the Terms and/or Conditions will continue in effect.
14.1 In the event that you have any queries, complaints and/or disputes arising from your access to and/or use of the Service, you shall refer the matter to DWS as per the relevant contact details as stipulated in the Product Disclosure Sheet.
14.2 DWS shall use its reasonable endeavours to respond to the queries and/or resolve any problems or issues as may be raised by you.
14.3 You shall specify the nature of your query, complaint and/or dispute and/or such other details or information as may be required by DWS and/or such complaint and/or dispute shall be hand/orled and/or resolved in accordance with DWS’s internal complaints and/or dispute resolution procedure.
15.1 Please refer to Refund Policy page.
16.1 If you have any questions about this Privacy Policy, please contact our Wealth Careline at +6012-250 7931 or email us at customerservice@dws2u.com
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