This website is operated by FINEX CAPITAL HOLDING SDN BHD (‘Finex & Co’). The terms “we”, “us” and “our” refer to Finex & Co. whereas “you” and “your” shall refer to our agents / estate planners (also known as Finex Estate Planners or “FEPs”) or its customers. Finex & Co offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to any part or all the terms and conditions of this agreement or with any subsequent modifications, variations, amendments, changes and / or updates, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

• Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
• You can review the most current version of the Terms of Service at any time on this page.
• We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
• It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store provides an online e-commerce platform that allows us to sell our products and services to you.

Our Services

We provide an online platform for FEPs to draft wills for their Customers. This includes:

• Access to a will drafting tool
• Electronic delivery of will drafts in PDF format

Your Responsibilities

• Review and Accuracy: You must review the will draft with your Customer to ensure all information is accurate and reflects their wishes.
• Errors: Notify Finex & Co. of any errors so we can provide a revised draft.
• Finalize and Order Will: Once the will draft is finalized, you must notify Finex & Co. to print and deliver the physical copy ("Product") to the Customer's address.
• Witness Selection: Ensure witnesses have no direct interest in the will and are not named beneficiaries.
• Will Storage: Advise Customers to keep the signed and witnessed original will in a safe place or use Finex & Co.'s will custody service (separate subscription). Failure to comply with these responsibilities may render the will invalid.
• Revisions: Requests for revisions or replacements after thirty (30) working days may incur additional charges.

Customer Responsibilities (To Be Communicated By Agent)

• Review and Accuracy: Customers should review the will draft to ensure all information is accurate and reflects their wishes.
• Errors: Notify the Agent of any errors within seven (7) working days so a revised draft can be provided.

Online Store Terms

This site is a business and commercial site, and therefore is not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this site.

• The Terms of Service are to be read with the applicable terms and conditions in relation to any transaction carried out, or products or services made available or provided in this Website.
• Should there be any conflict between these Terms of Service and the terms and conditions in relation to the relevant transaction, products and/or services made available or provided hereunder, the latter will prevail to the extent of such inconsistency.

Intellectual Property Rights

“Intellectual Property Rights” means all applicable rights, title, interests and benefits including, without limitation, patents, copyrights, trademarks, trade secrets, trade names, logos, patents, inventions, registered and unregistered design rights, copyrights, technology, databases, database rights and all other similar intellectual property rights.

Unless otherwise noted, all materials, including but not limited to audio, text, images, illustrations, registered / unregistered designs, icons, logos, photographs, video clips, look and feel, and other materials that appear as part of this Site, collectively referred to as “Content of the Site” are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Finex & Co. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Your use of and access to the Website and the Content does not grant or transfer to you any rights, title or interest in relation to the Website or the Content. You must not:

• copy or use, in whole or in part, any Content;
• reproduce, retransmit, distribute, disseminate, sell, resell, publish, broadcast or circulate any Content to any third-party, unless otherwise indicated on the Website or unless given express permission to do so by Finex & Co;
• breach any Intellectual Property Rights connected with the Website or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content;
• You undertake not to use any robot, spider, other automatic device, or manual process to monitor materials available through our Website.

If you violate any portion of this Agreement, your permission to access and use the Platform may be terminated immediately pursuant to this Agreement. Additionally, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation.

General Conditions

• We reserve the right to refuse service to anyone for any reason at any time.
• You are responsible for maintaining accurate account information.
• We may offer optional tools from third-party providers. We are not responsible for their content or functionality.
• You may not use the Site for any unlawful or unauthorized purpose.
• You understand that your content (not including credit card information), may be transferred unencrypted and involve:
  (a) transmissions over various networks; and
  (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• Credit card information is always encrypted during transfer over networks.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

• We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
• Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications To the Service and Prices

• Prices for our products are subject to change without notice.
• We reserve the right at any time to modify or discontinue the transactions, products and/or services (or any part or content thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products And Services

Certain transactions, products and/or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Delivery & Return Policy.

Requests for revisions or replacements of the Will may incur additional charges.

Accuracy Of Billing And Account Information

• We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
• These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
• In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
• We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Delivery & Return Policy.

Optional Tools

• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
• We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

• Certain content, products and services available via our Service may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us.
• We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

• to maintain any comments in confidence;
• to pay compensation for any comments; or
• to respond to any comments.

We have the obligation to monitor, edit, or remove any content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, scandalous, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

We comply with the Personal Data Protection Act 2010 (PDPA) in Malaysia. By using our services, you consent to the collection, processing, and use of submitted personal information in accordance with our Privacy Policy and applicable laws.

Errors, Inaccuracies and Omissions

• Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
• We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
• We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
• No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• use data mining, robots or similar data gathering and extraction tools;
• for any obscene or immoral purpose;
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.; or
• using the website in any way that interferes with any user’s access to the websites.

If you are found engaging in any prohibited behavior, we reserve the right to terminate your use of the Service and pursue legal action.

Disclaimer of Warranties; Limitation of Liability

• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
• We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the service is at your sole risk.
• The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Finex & Co, including our directors, officers, employees, affiliates, agents, and service providers, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, revenue, savings, data, or any replacement costs. Whether the damages arise from contract, tort (including negligence), strict liability, or otherwise, they are not covered under our liability, even if you have been advised of the possibility of such damages. This applies to any claims related to your use of our services or products, including errors, omissions, or any content or product made available via our service.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the fullest extent permitted by law.

Furthermore, Finex & Co, including our directors, officers, employees, affiliates, agents, or service providers, shall not be held liable for any errors or omissions in your will resulting from inaccurate, incomplete, or misleading information provided by you. It is solely your responsibility to ensure that all submitted details for drafting the will are accurate and up-to-date.

Indemnification

You agree to indemnify, defend and hold harmless Finex & Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

If anyone brings a claim ("Third-Party Claim") against Finex & Co and our parent, subsidiaries, affiliates, partners, officers, directors, contractors, licensors, service providers, suppliers and employees related to your actions, information, or content on the Service, you will, to the maximum extent permitted by applicable law, indemnify, and hold the us harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:

• your access to or use of our Services, including information and content provided in connection therewith;
• your breach of our Terms or applicable law; or
• any misrepresentation made by you.

You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to our Site are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may remove your profile and terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

We cannot confirm the price or availability of our products and/or services until after your order is placed. Pricing or availability errors may occur on the Website. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell our products and/or services. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service, along with any separate agreements through which we provide our services, shall be governed by and interpreted in accordance with the laws of the Federation of Malaysia.

Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Force Majeure

You acknowledge and agree that we have no control over the availability of the Platform on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. We are not responsible or liable for, including but not limited to failure or delay of performance caused by act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication shortage or outage; interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; national, state, or local government restrictions or intervention; pandemic, epidemic or any other event that is beyond our reasonable control, whether foreseeable or not which may reasonably be considered force majeure under Malaysian Law(“Force Majeure Event”).

Where the access to the Platform are interrupted or we are unable to perform the services offered on the Platform for a continuous period of more than 30 calendar days by reason of a Force Majeure Event, either party shall have the right to terminate this Agreement.

Dispute Resolution

Any dispute arising in connection with these Terms of service or in connection with the use of our website which cannot be resolved by good faith negotiations shall be referred to mediation or to arbitration in accordance with the laws of The Federation of Malaysia.

Contact Information

We welcome your feedback, suggestions and questions (“Feedback”).
If you have any questions about these Terms, please contact us at admin@finexgroup.my