Octowill Terms of Service
This Terms of Service sets out below the terms and conditions of your usage of, and access to the Services (as defined herein below). Before you use and/or purchase the Services or provide us any personal data, please ensure that you have reviewed and read these terms and conditions carefully.
By check marking the box with the words “I Agree with the Terms and Conditions”, you hereby signify your acceptance and understanding of all provisions of this Terms of Service and agree to be bound by the same. You then accept full responsibility for your use of the Services and subscriptions.
If you do not accept these terms and conditions, please do not checkmark the box and we would recommend for you to exit this page immediately.
Please note that the usage of the Services is subject to all applicable laws and regulations and that the Terms of Service are to be read together with any other Terms and Conditions of Octowill Services. Unauthorised access and use of the Services is strictly forbidden.
This Terms of Service shall in all aspects be construed as a legal contract between you and Octowill Pte Ltd (hereinafter referred to as “Octowill”, “we”, “us”, “our”). Octowill and yourself may also be referred to in this Terms of Service individually as a “Party” and collectively as “Parties”.
DEFINITIONS AND INTERPRETATION
1.1. Definitions
For the purposes of this Terms of Service, the following terms shall, unless the context otherwise require, have the meanings as defined below.
“Account” means your account created with Octowill in order to have access to the Services;
“Available Balance” means the amount of money which is standing in credit in your e-Wallet and/or e-Wallet Account and/or Digital Assets which is available for your use;
“Beneficiary” means any natural person named in the Nomination Agreement and/or the Will, who is also the beneficiary to your e-Wallet Account and/or Available Balance;
“Associated Documents” means documents including but not limited to Octowill cover letters, written instruction by you made available via the Octowill App or forwarded to Octowill, and documents generated via the Octowill App which may be part of this Terms of Service;
“Digital Assets” means the following:
your account with any financial institution(s); and
digital currencies and/or digital tokens as defined pursuant to the relevant laws and regulations specified in your country of origin and as globally recognised;
“e-money” means any payment instrument, whether tangible or intangible that stores funds electronically in exchange of funds paid to the e-money issuer, and is able to be used as a means of making payment to any person other than the e-money issuer;
“e-Wallet” means an electronic wallet which stores e-money;
“e-Wallet Account” means the mobile payment account created with the e-Wallet Service Provider;
“e-Wallet Service Provider” means any e-money issuer;
“Fees and Charges” means the prevailing fees payable for each subscription of the Services. All fees are specified NOT including any government taxes, which will be imposed on the amount payable;
“Instruction” means any written instruction, agreement, statement and/or averment made by you to Octowill via the Octowill App in relation to your Account and/or the Services;
“Nomination Agreement” means a written instruction and document duly executed by you pursuant to your subscription of the Services;
“Octowill App” means the Octowill platform whereby the Services are availed to you by using the Octowill web application or mobile application using Android and/or iOS platform and/or any other platform(s) that may be developed by Octowill in the future;
“Octowill’s Group of Companies” means all of Octowill’s present and future associated and/or affiliated companies, which includes all of Octowill’s branches in Malaysia as well as its local and overseas subsidiaries;
“Octowill Wallet Credits” means any balances appearing in any wallets shown on the Octowill App. This balance(s) could be credits purchased by you or bonusses earned for using or referring Octowill products and/or services;
“Services” means either one of the following services provided to you by Octowill:
Drafting of a Will online whereby you are able to digitally create a Will via the Octowill App and may include assistance and/or your instruction for the application for grant of probate, provided always that such Will shall be in compliance with all requirements of a valid will under the provisions of any relevant laws and regulations prescribed in your country of origin governing wills and inheritance of assets after your demise (Please refer to the Schedule, for further information); or
Nomination of Beneficiary to receive the Available Balance; or
A combination of services (a) and (b) above.
“Terms of Service” means this terms of service which includes the terms and conditions set forth herein.
“Will” means a legal declaration of your wishes regarding the disposal of your movable and/or immovable property generated by the Octowill system in response to you subscribing to the Services provided by Octowill, which contains details of ownership, instructions, opinions, representations, references and/or warranties issued by you to Octowill, and is executed and sealed in accordance with the provisions of any relevant laws and regulations prescribed in your country of origin governing wills and inheritance of assets after your demise. For the avoidance of doubt, the usual process for the grant of probate shall at all times remain applicable for the Will.
1.2. Interpretation
1.2.1 In this Terms of Service, unless the context otherwise requires:
words denoting the singular number include the plural and vice-versa;
words denoting a gender include every gender;
words denoting natural persons include bodies corporate and unincorporated;
references to any legislation or law or to any provision of legislation or law shall include any modification or re-enactment of that legislation or law or any legislative provision substituted for such provision of legislation or law and all regulations and statutory instruments issued under such legislation or law;
the headings and bolding are inserted for convenience only and shall not affect the construction or interpretation of this Terms of Service; and
all references to time are to Malaysian time.
A rule of construction does not apply to the disadvantage of a Party because the Party was responsible for the preparation of this Terms of Service or any part of it.
GENERAL TERMS
2.1 Should you intend to subscribe to Services (b) or (c), you shall first have an existing e-Wallet account with any of the e-Wallet Service Provider(s) or hold any Digital Assets.
2.2 In order to be able to access the Services offered on the Octowill App, you are required to open an Account by providing your email address, password and any other necessary registration and login information. You shall at all times safeguard the confidentiality of your login information under your own responsibility, including your password.
2.3 You may only register for one (1) Account on the Octowill App and shall ensure that all information given during the registration process are complete, true and accurate. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Should the information be incomplete and/or inaccurate, we reserve the right to suspend and/or terminate your Account at out sole and absolute discretion without providing any reasons whatsoever.
2.4 Octowill reserves the right, from time to time, to amend, vary, modify, add and/or delete these Terms of Service or any part thereof and shall furnish you with prior written notice on the amendment(s), variation(s), modification(s), addition(s) and/or deletion(s) to the Terms of Service, no less than twenty-one (21) days prior to the effective date of such amendment(s), addition(s) or deletion(s) to the Terms of Service. The notification may be made via email from Octowill to you in addition to notification published on the Octowill App.
2.5 If you continue to access the Octowill App after the effective date of the amendment(s), addition(s) or deletion(s) to the Terms of Service, you shall be deemed to accept such amendment(s), variation(s), modification(s), addition(s) and/or deletion(s). If at any time you do not agree with these Terms of Service, you must immediately discontinue all access to the Octowill App and/or use of the Services provided herein.
2.6 You may cancel or unsubscribe for the Services provided that such cancellation or un-subscription is done prior to the payment of the Fees and Charges.
2.7 You are advised to contact any of our agent or customer service officer or raise a support ticket for any clarification or inquiries in respect of the Services or should you have any special instruction for the Services. All clarification and inquiries must be done via related online service enquiry form or through the Octowill App.
3. ELIGIBILITY
3.1 In order to have access to the Services vide the Octowill App, you shall be a natural person who has attained the age of majority according to the relevant laws and regulations specified in your country of origin, of sound mind, and you shall be a citizen of a country with a valid local and/or residential mailing address and capable of entering into a legally binding contract.
3.2 For eligibility pertaining to writing of the Will, specifically for Services (a) and (c) as stated above, you shall make specific reference to the Schedule provided herein.
3.3 For Services (b) and (c) as stated above, you shall first have an existing e-Wallet account with any of the e-Wallet Service Provider(s), and/or hold any Digital Assets. You hereby warrant and represent that you are the rightful owner of the e-Wallet Account and/or the Digital Assets and that you have full access and full rights over the same at all material times.
4. VALIDITY OF THE WILL
4.1 Should you intend to subscribe Services (a) or (c) as stated above, you hereby acknowledge that the validity of all details of ownership, instructions, opinions, representations, references and/or warranties issued by you to Octowill for purposes of drafting of the Will is warranted to only those executable subject to any and all provisions of wills, distribution acts, rules, regulations and applicable laws as may be in existence or in force from time to time in your country of origin (collectively "the Prevailing Legal Requirements").
4.2 You hereby acknowledge that you shall bear the sole responsibility to ensure all details of ownership, instructions, opinions, representations, references and/or warranties issued by you to Octowill is in compliance with the Prevailing Legal Requirements and agree that Octowill shall not be held responsible for the same.
5. GENERATING A WILL
5.1 Should you intend to subscribe Services (a) or (c) as stated above, you hereby acknowledge that the Will shall be generated based on the information provided or entered by you onto application forms provided to you, or onto the Octowill App.
5.2 You shall appoint a natural person who has attained the age of majority as primary executor of the Will and you shall unequivocally appoint Octowill’s appointed partner as secondary executor of the Will.
5.3 By making payment of the Fees and Charges, you hereby agree for Octowill to generate the Will based on the information provided by you.
5.4 Generation of the Will shall take place only after payment of the Fees and Charges.
5.5 Any changes to the information provided by you thereafter may be considered as an alteration or modification to the original Will. An additional fee may be imposed at the discretion of Octowill for any alteration or modification to the original Will.
6. YOUR DUTIES UPON GENERATING A WILL
6.1 Upon successful generation of the Will, you shall peruse the Will and confirm that all information stated therein is correct and reflects your wishes in respect of, inter alia, the beneficiaries and distribution of estate(s) and/or movable property(ies) and/or immovable property(ies).
6.2 You may make any form of amendments or changes to the Will prior to making payment of the Fees and Charges or in the event that payment of the Fees and Charges have been made, you shall inform Octowill of any errors pertaining to the Will within three (3) working days, to which Octowill shall endeavour to make the necessary rectifications on your behalf subject to Clause 5.5 above.
6.3 Should the Will be in order, you shall proceed to make payment of the Fees and Charges. Thereafter, you shall print the Will and execute a hard copy of the same in the presence of two (2) witnesses who are of 18 years and above, whom shall be present at the same time in witnessing your execution of the Will.
6.4 It is your duty to ensure that both witnesses are NOT named as beneficiaries under the Will.
6.5 You shall seal the Will and keep the duly executed Will in a safe place.
6.6 You may furnish a duplicate copy of the duly executed Will to Octowill for purposes of records and safekeeping.
6.7 You shall ensure that the Will is the last testament and existing will by you and you shall inform Octowill immediately in the event you intend to execute or have executed another will. Octowill shall not be held responsible in the event the Will could not be enforced or becomes invalid due to its revocation by the existence of another will duly executed by you, or in the event that there is any form of error in the Will.
7. OCTOWILL’S DUTIES UPON EXECUTION OF THE WILL
7.1 Octowill or any other representative(s) duly appointed by Octowill as secondary executor of the Will shall upon receiving a duplicate copy of the duly executed Will facilitate the primary executor on the application for a grant of probate upon your demise (subject to the Services subscribed by you) and/or proceed with the application for a grant of probate upon your demise in the event the primary executor could not perform his/her duties as the primary executor.
8. CANCELLATION OF THE WILL
8.1 All details of ownership, instructions, opinions, representations, references and/or warranties issued by you to Octowill shall remain valid until the Will is cancelled or revoked
8.2 You may cancel the Will at any preferred time of your choice. All cancellations shall be done through the Octowill App.
8.3 The Will shall automatically be cancelled or revoked should you create another Will or in the event that the Will is reproduced via the printing process, and executed accordingly.
9. APPOINTMENT OF OCTOWILL OR ITS DULY APPOINTED PARTNERS AS THE FACILITATOR FOR ADMINISTRATION OF YOUR E-WALLET AND/OR DIGITAL ASSETS
9.1 Should you intend to engage Services (b) or (c), by accepting the terms and conditions of this Terms of Service, you hereby agree to irrevocably appoint Octowill or any other representative(s) duly appointed by Octowill as the facilitator for the administration, transfer, and/or management of your e-Wallet and/or Digital Assets to your nominated Beneficiary(ies) upon your demise, or after the issuance of a grant of probate (as the case may be).
9.2 The terms of appointment of Octowill as the facilitator for the administration of your e-Wallet and/or Digital Assets to your nominated Beneficiary(ies) shall at all times be governed by the Nomination Agreement.
9.3 With the said appointment, Octowill is granted rights, interest and power to disclose the Nomination Agreement to your Beneficiary(ies) so as to facilitate your Beneficiary(ies) to administer your e-Wallet and/or Digital Assets in accordance to the Nomination Agreement, including but not limited to liaising with the e-Wallet Service Provider and the Beneficiary. Such appointment shall be revoked upon termination or cancellation of your subscription of the Services.
9.4 You hereby agree that such appointment shall authorize Octowill or any other representative(s) duly appointed by Octowill to facilitate your Beneficiary(ies) to manage, administer, and/or execute any necessary arrangement(s), distribution(s) and/or administration over any Available Balance upon your demise.
9.5 Octowill hereby accepts such appointment and agrees to perform and provide the Services and its obligations set forth in this Terms of Service in consideration of the amount provided for in Clause 12 herein.
9.6 Octowill may be appointed and/or instructed to execute the transfer and distribution of the Digital Assets to predefined Beneficiary(ies) using Octowill’s blockchain technology.
9.7 The appointment of Octowill as facilitator shall not confer upon Octowill any rights to store any information pertaining to your private key and/or password, and Octowill shall not be held liable for any losses arising out of any form of unauthorised disclosure of your private key and/or password.
10. NOMINATING A BENEFICIARY FOR YOUR E-WALLET AND/OR DIGITAL ASSETS
10.1 Your usage of the Services will enable you to identify and name the Beneficiary(ies) of your e-Wallet and e-Wallet Account and/or Digital Assets.
10.2 The Beneficiary must:
10.2.1 be a natural person;
10.2.2 must be a registered user with the e-Wallet Service Provider or any related institutions or is able to register as a user with the e-Wallet Service Provider or any related financial institutions at the time of distribution of the Available Balance;
10.2.4 must be the age 18 and above. If the nominee is below the age of 18 years old, you may name Octowill in which event Octowill will appoint its partnering trust company as your Nominee who will then act as a trustee;
10.2.5 be of sound mind and is able to understand the nature and the purpose of the nomination; and
10.2.6 be eligible to enter into a contract.
11. TERM
11.1 This Terms of Service comes into effect immediately upon you clicking “I Agree with the Terms and Conditions”, and shall continue to be valid and binding upon you until termination or cancellation of your subscription of the Services or until full discharge of Octowill’s duties under this Terms of Service.
12. PAYMENTS AND BILLING
12.1 In consideration of Octowill providing you with the Services, you hereby agree to the Fees and Charges provided for by Octowill upon you choosing the Services and charged on you by Octowill for your subscription of the Services with any payment structure stated therein.
12.2 In addition to the payment of Fees and Charges, Octowill reserves its rights to impose a renewal fee which is to be paid by you should the need arises.
12.3 Octowill accepts payment of the Fees and Charges via online banking onto Octowill’s designated account through any available payment gateway, credit card, debit card or via deduction of Octowill Wallet Credits. In the event you choose to make payment via credit card, you agree that we may issue a reasonable authorisation hold, which is not an actual charge against your card, in order to verify your payment method via your card.
12.4 In the event that you fail to make payments to Octowill on or before the specified due dates, Octowill reserves the rights to suspend and/or terminate your Account with immediate effect.
12.5 Octowill reserves its right to revise the Fees and Charges from time to time. Octowill will notify you on the revision of Fees and Charges at least twenty-one (21)days before the said changes is implemented.
12.6 In the event of termination of this Agreement, Octowill may commence legal proceedings without further reference to you to recover the balance of the outstanding payment or any part thereof from you.
13. COLLECTION, STORAGE AND DISCLOSURE OF INFORMATION
13.1 Octowill shall require personal information from you in provision of the Services. Such personal information may include but is not limited to:
Your name;
Your identification number or passport number;
Your residential and mailing address;
Your email address and phone number(s);
The username and registered email address of your e-Wallet Account;
Date of birth;
The e-wallet and any account numbers of any financial institution(s);
The details of your appointed beneficiary(s); and/or
Any other information deemed necessary and relevant for Octowill and provision of the Services.
13.2 By accepting the terms and conditions of this Terms of Service, you hereby agree to grant Octowill the consent to collect, store and/or disclose such personal information only for the purposes of provision of the Services.
13.3 Octowill shall at all times maintain the utmost confidentiality of such personal information and will only disclose such personal information to its auditors, legal counsel, any other professional advisors and/or any third party without first obtaining your prior approval in writing, save and except where such personal information is to be used for the purposes of provision of the Services and/or is required to be disclosed by law.
13.4 Notwithstanding Clause 13.3 above herein, Octowill may disclose such personal information to Octowill’s Group of Companies for purposes of administration, operations, business development and marketing of products and services provided that Octowill shall at all times exercise reasonable care in ensuring that such personal information shall remain confidential among Octowill’s Group of Companies and shall not be disseminated to the general public.
13.5 Should there be any inaccuracies pertaining to such personal information, you may rectify such inaccuracies by logging on to your Account.
13.6 You may, at any time:
13.6.1 withdraw your consent or grant your consent, as the case may be, by providing a written confirmation and instruction to Octowill by raising a support ticket via the Octowill App, to which such withdrawal of consent shall be tantamount to a cancellation of your subscription of the Services and a closing of your Account; and
13.6.2 have access and check the information.
14. COLLECTION, STORAGE AND DISCLOSURE OF INFORMATION OBTAINED FROM THIRD PARTY
14.1 In addition to such personal information as provided for in Clause 13 above herein, Octowill shall also require information upon your demise from third parties in provision of the Services, details of which are provided for in the Schedule below herein (“Additional Information”).
14.2 Octowill shall require proof of Death Certificate and any other documents which may be deemed necessary and required by Octowill upon your demise before executing and/or administrating the Will, and/or your e-Wallet and e-Wallet Account and/or Digital Assets and/or any Available Balance .
14.3 Octowill shall at all times maintain the utmost confidentiality of such Additional Information and will only disclose such Additional Information to its auditors, legal counsel, any other professional advisors and/or any third party without first obtaining your prior approval in writing, save and except where such Additional Information is to be used for the purposes of provision of the Services or as provided for in law.
14.4 Notwithstanding Clause 14.3 above herein, Octowill may disclose such Additional Information to Octowill’s Group of Companies for purposes of the Services, administration, operations, business development and marketing of products and services provided that Octowill shall at all times exercise reasonable care in ensuring that such Additional Information shall remain confidential among Octowill’s Group of Companies and shall not be disseminated to the general public.
15. PERSONAL DATA PROTECTION ACT 2010
15.1 Pursuant to the seven (7) principles as enshrined in the Personal Data Protection Act 2010 (“PDPA”), Octowill hereby acknowledges that your explicit consent is required for Octowill to collect, process and to store your personal and sensitive data. By clicking “I agree with the Terms and Conditions”, you hereby authorise Octowill to collect, process and to store your personal and sensitive data solely for purposes of provision of the Services. By clicking this, you accept the terms and conditions attached to subscribing the Services and you authorise Octowill to collect your sensitive data in order to access or administer the products and services you have subscribed for.
15.2 Notwithstanding Clause 15.1 above herein, Octowill may disclose your personal and sensitive data where required by a court order, and/or to regulatory bodies which includes but is not limited to Bank Negara Malaysia and the Securities Commission, and/or any outsourcing vendors that Octowill collaborates with for the maintenance and storage of your personal and sensitive data or Octowill’s local and overseas subsidiaries.
15.3 From time to time, we, other entities within Octowill Group or our agents or strategic partners or such other third parties (“Other Entities”) may have information about products, services and promotions that may be of interest to you. To receive such information, your consent is required for us to process, disclose and/or share your information with Other Entities. By clicking “I Agree with the Terms and Conditions” button, you are declaring that you have read and understood and agreed to be subjected to the Octowill Group Privacy Notice and expressly consenting to and authorising Octowill.
15.4 By clicking “I Agree with the Terms and Conditions”, you further confirm that all personal data provided by you are all true, up-to-date and accurate. Should there be any changes to any of your personal data, you shall notify Octowill immediately or make the changes on the Octowill App.
15.5 You hereby acknowledge that the Privacy Policy Statement by Octowill may be amended from time to time and we will provide notice of such amendments by posting the revised Terms of Service on the Octowill App (and changing the “Updated on” date reflected in the top left-hand corner of this page).
16. LIMITATION OF LIABILITY
Octowill shall not be responsible for verifying the following:
Your identity and age;
Any information that you have provided when signing up for the Octowill App; and
Any information that you have provided for the purposes of the Services.
16.2 In addition to Clause 16.1 above herein, Octowill shall not be liable for any delay or failure in the provision of the Services under this Terms of Service resulting from circumstances beyond the control of Octowill, which includes but is not limited to the spread of epidemic and/or global pandemic, flood, drought, fire, casualty, explosion, sabotage, accident, embargo, breakdown in equipment, communication line failure, power failure, lockout, strike, act of God, terrorism or threat of terrorism, riot, war, or any enactment, issuance or operation of any adverse governmental, ruling, regulation, order or decree, major system downtime, system hacking or software and hardware failure or any other emergency that prevents Octowill from operating.
16.3 Octowill makes no representation and/or warranty that you shall at all material times have uninterrupted access to the Services, or that any of the functions on the Octowill App shall be error-free.
16.4 In no event shall Octowill or its officers, shareholders, directors, employees, affiliates, agents or third party service providers be held liable in contract, tort or otherwise for any loss or damage (including but not limited to consequential, incidental, special or punitive damages) sustained by you which arises directly or indirectly as a result of the following:
any defect, delays, interruptions, and/or failures in the provision of the Services;
any inaccuracies, or errors in any data or information in the Octowill App or otherwise provided or made available via the Services;
the corruption, loss of or error in any data or information provided by you for incorporation in the Octowill App or for the use of the Services;
any unauthorised use of the Services by any natural person, or interference and/or intrusion by any deleterious programmes or files including but not limited to virus, Trojan Horse, worm, macro, or other harmful components;
your failure or neglect or omission to act in accordance with the Terms of Service and any other laws, rules, regulations, policies and guidelines currently in force;
any event which is beyond the reasonable control of Octowill in the provision of the Services; or
the act or omission of any other party other than Octowill.
16.5 Your sole remedy for any failure or non-performance of the Services shall be for Octowill to use commercially reasonable efforts to perform an adjustments or repair of the Services. Upon your request, Octowill may provide a full or partial refund to you.
17. INDEMNITY
17.1 You hereby agree that you shall at all times keep Octowill indemnified against any and all losses, damages, fees, costs, charges, duties, expenses, and/or legal costs arising directly or indirectly from the following conducts:
Your misuse or purported misuse of the Services;
Your breach of any terms and conditions of this Terms of Service; or
Any intellectual property infringement claim made by a third party against Octowill in connection with your use of the Services.
18. INTELLECTUAL PROPERTY
18.1 Save and except for your personal information, Additional Information, and/or your personal and sensitive data, all contents available on the Octowill App remains the sole and exclusive property of Octowill and shall in all aspects be protected by relevant laws in Malaysia pertaining to intellectual property.
18.2 You hereby agree that your usage of the Services does not in any way grant you any license or proprietary right to use any intellectual property belonging to Octowill without the express written approval of Octowill.
19. COLLECTION AND STORAGE OF OTHER INFORMATION
19.1 By clicking “I Agree with the Terms and Conditions”, you hereby consent to Octowill collecting and storing the following information:
Device Information: Information that is automatically collected pertaining to the device upon which you sign up for and log in to the Octowill App;
Location Information: Information that is automatically collected via analytics system providers to determine your location; and
Account Information: Information that is generated by your Account activity.
20. SECURITY AND EQUIPMENT
20.1 Information you provide in connection with the Services will be stored on Octowill’s secure servers and protected by certain encryption techniques, including but not limited to Blockchain. However, the security of the Services depends upon your efforts to protect your security access for the Services. You must take all necessary precautions to safeguard your security access, which allows you to access the Services and the Octowill App.
20.2 You shall be responsible for all access and use of the Services via your security access whether authorised by you or otherwise and shall indemnify Octowill in relation to any liability, losses or damages suffered or incurred by Octowill arising from the access and use of the Services via your security access.
21. SUSPENSION / TERMINATION
21.1 Octowill reserves the right to suspend and/or terminate your access to the Services at any time should you be in breach of any of the terms and conditions laid down in this Terms of Service.
21.2 The terms and conditions of this Terms of Service shall survive the suspension and/or termination of your Account, and in particular the terms contained herein in respect of any outstanding payment to Octowill in accordance with Clause 12 above herein (if applicable) at the time the suspension or termination takes effect.
22. GOVERNING LAW AND JURISDICTION
22.1 This Terms of Service shall in all respect, including all matters of construction, validity and performance be governed by, construed and enforced exclusively in accordance with the laws of Malaysia. You hereby agree to submit to the exclusive jurisdiction of the courts in Malaysia.
23. SEVERABILITY
23.1 In the event that any provision of this Terms of Service, or a portion thereof, shall for any reason be held invalid, illegal or unenforceable to any extent, such invalid, illegal or unenforceable provision or portion thereof shall be severed from the remaining provisions, in which shall continue to be unimpaired, valid and enforceable to the fullest extent permitted by law.
24. QUERIES AND COMPLAINTS
24.1 Should you have any queries or complaints arising from your access of the Services, you shall refer such queries or complaints to Octowill by raising a support ticket.
24.2 Octowill shall endeavour to respond to such queries or complaints and shall resolve or attempt to resolve such queries or complaints within a reasonable time.
SCHEDULE (MALAYSIA)
This Schedule shall at all times be read and construed as part of the Terms of Service.
This part of the Schedule shall be applicable to you if you are a user of the Octowill App domiciled or residing in Malaysia.
For the purposes of the Terms of Service, the terms below herein shall mean and/or encompass the following:
“Digital Assets” are digital currencies or digital tokens which are defined pursuant to the Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019;
Services (a) shall mean drafting of a Will online whereby you are able to digitally create a Will which may include the application for grant of probate, provided always that such Will shall be in compliance with all requirements of a valid will under the provisions of the Wills Act 1959 [Act 346];
“Will” means a legal declaration of your wishes regarding the disposal of your movable and/or immovable property generated by the Octowill system in response to you subscribing to the Services provided by Octowill, which contains details of ownership, instructions, opinions, representations, references and/or warranties issued by you to Octowill, and is executed and sealed in accordance with the provisions of the Wills Act 1959 [Act 346]. For the avoidance of doubt, the usual process for the grant of probate shall at all times remain applicable for the Will;
For purposes of the “Prevailing Legal Requirements” in Clause 4.1 above herein, drafting of the Will is warranted to only those executable subject to any and all provisions of the Wills Act 1959 [Act 346] and the Probate and Administration Act 1959 [Act 97];
For purposes of the “Additional Information” in Clause 14.1 above herein, Octowill shall also require information upon your demise from third parties in provision of the Services, which may include but is not limited to the Registrar of Births and Deaths appointed under the Births and Deaths Registration Act 1957.
For eligibility pertaining to writing of the Will (Services (a) and (c)) as provided for in Clause 3.2 above herein, you shall be:
A non-Muslim;
18 years and above in Peninsular Malaysia and Sarawak and 21 years and above in Sabah;
Of sound mind; and
A natural person who understands the nature and purpose of making the Will.
SCHEDULE (SINGAPORE)
This Schedule shall at all times be read and construed as part of the Terms of Service.
This part of the Schedule shall be applicable to you if you are a user of the Octowill App domiciled or residing in Singapore.
For the purposes of the Terms of Service, the terms below herein shall mean and/or encompass the following:
“Digital Assets” are digital currencies or digital tokens which are defined pursuant to the Payment Services Act 2019 (No. 2 of 2019), Securities and Futures Act 2006 (Cap. 289), and includes the digital tokens described in Case Study 1 of “A Guide to Digital Token Offerings” published by the Monetary Authority of Singapore as of 26 May 2020;
Services (a) shall mean drafting of a Will online whereby you are able to digitally create a Will and includes the application for grant of probate, provided always that such Will shall be in compliance with all requirements of a valid will under the provisions of the Wills Act 1996 (Cap. 352);
“Will” means a legal declaration of your wishes regarding the disposal of your movable and/or immovable property generated by the Octowill system in response to you subscribing to the Services provided by Octowill, which contains details of ownership, instructions, opinions, representations, references and/or warranties issued by you to Octowill, and is executed and sealed in accordance with the provisions of the Wills Act 1996 (Cap. 352). For the avoidance of doubt, the usual process for the grant of probate shall at all times remain applicable for the Will;
For purposes of the “Prevailing Legal Requirements” in Clause 4.1 above herein, drafting of the Will is warranted to only those executable subject to any and all provisions of the Wills Act 1996 (Cap. 352) and the Probate and Administration Act 2000 (Cap. 251);
For purposes of the “Additional Information” in Clause 14.1 above herein, Octowill shall also require information upon your demise from third parties in provision of the Services, which may include but is not limited to the Registrar-General of Births and Deaths appointed under the Registration of Births and Deaths Act 1987 (Cap. 267).
For eligibility pertaining to writing of the Will (Services (a) and (c)) as provided for in Clause 3.2 above herein, you shall be:
A non-Muslim;
21 years and above;
Of sound mind; and
A natural person who understands the nature and purpose of making the Will.
END page, Octowill Terms of Service