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Updated: 11 August 2024

Welcome to https://empowertrustees.com/ website. The terms and conditions set forth below (“Terms of Use”) govern your access to and/or use of the services which are available on or provided through https://empowertrustees.com/ and/or mobile application operated by us (collectively, “Site”). We may provide other related services and applications through the Site in the future. Therefore, as a Visitor/User/Customer to this Site, you are advised to read this Terms of Use carefully and thoroughly. 

The terms “we”, “us”, “our” and “Empower Trustees Berhad” refer to Empower Trustees Berhad and our Site (collectively, “Empower”). The term “you” or “your” refers to each visitor/user/customer of the Site.

Please note that some provisions in these Terms of Use may only apply to certain categories of visitor and/or user. In particular, certain provisions may only apply to visitor and/or user that do not qualify as Customers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all visitors/users/customers.

Unless where otherwise specified or highlighted on the Site, all content available on this Site is owned or provided by Empower and/or its licensors. We strive to ensure that the content provided on this Site infringes no applicable legal provisions or thirdparty rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of you to enforce your rights, you are kindly asked to preferably report related complaints using the contact details provided on this Site.

Empower holds and reserves all intellectual property rights for any such content on this Site. You may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the content on this Site. In particular, but without limitation, you may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Site, nor allow any third party to do so through you or your device, even without your knowledge. 

Unless and where explicitly stated on this Site, you may download, copy and/or share some content available through this Site for your sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Us are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected. Actions such as duplication, transmission, reproduction, republication, posting or redistribution of the content of this Site or any portion thereof is strictly prohibited without the prior written consent of Empower.

1.         Acceptance

1.1 You are required to read and accept all the Terms of Use before you can access and/or use the products and/or services offered through this Site. These Terms of Use apply to all visitors/users/customers of this Site. By clicking “Sign up” or “Login” or similar buttons, accessing, registering or using our services available on the Site, you certify that you are at least eighteen (18) years of age and that you have read and reviewed this Terms of Use and that you agree and consent to comply and to be bound by the Terms of Use.

1.2 By doing the foregoing, you also agree that you have accepted our Privacy Policy and other terms that may be displayed to you at the time you access this Site.

1.3 If you do not accept these Terms of Use or any part thereof, or if you do not want to be bound by this Terms of Use, you are advised to leave the website accordingly and you should stop accessing and/or using this Site. Empower only grants use and access of this website, its products and services to those who have accepted its Terms of Use.  

2.         Eligibility

2.1 You agree, confirm and warrant that by accessing and/or using our services offered through this Site, you are at least eighteen (18) years of age and you are legally adhered to and capable of accepting and complying with these Terms of Use. Empower assumes no responsibility for liabilities related to age misrepresentation. 

2.2 We reserve the right at our sole discretion to deny access to any person to this Site at any time for any reason whatsoever without prior notice.

3.            Amendments/Modifications/Changes of Terms

3.1 We may at our sole discretion amend or modify or change the Terms of Use at any time without notice or liability to you and your continued access to and/or use of this Site signifies your acceptance of and agreement to be bound by the updated or modified Terms of Use. It is your responsibility to review these Terms of Use governing this Site from time to time.

4.           Empower Does Not Provide Legal Services  

4.1 Empower is not a legal firm and is not engaging in any legal practice. Hence, we do not provide any legal advice, legal representation or legal services to our visitors/users/customers. We are trustee company who provide trust services to the public and our system provides users to do will drafting and trust deed drafting online only. 

5.          Information/Materials  

5.1                          You are advised to seek for your own legal advice from a professional

practising solicitor before using any products provided on the Site. All contents, materials, information or products provided on the Site is purely for your reference and/or knowledge purposes only and it shall not constitute as any legal advice provided to you. You shall rely and use the same entirely at your risk. Empower hereby disclaim all liabilities from your use of the Site and we shall not be held responsible any consequence as a result of your reliance of the same.

5.2 The use of the Site and/or services or products by you does not constitute any solicitor-client relationship. 

6.          Empower’s Account

6.1 If you have an account with Empower, you agree that your Empower account will be used by you only and will not be shared with or transferred to others. We will not be liable for any losses or damages resulting from or in connection with any unauthorised use of your Empower account or any failure to keep the password of your Empower account confidential.

6.2 When you access and use the services available on this Site, you agree to provide us with true, accurate, current and complete information and other details that we may reasonably require to provide you with such services offered through the Site. 

6.3 By creating an account with us, you agree that you may receive communications from Empower, such as newsletters, special offers, and account reminders and updates. 

6.4 Once you register or create a User account on this Site, you hereby certify and confirm that you have provide all required data or information in a complete, honest, and truthful manner. 

6.5 You are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by the Site. By registering, you agree to be fully responsible for all activities that occur under your username and password. You are required to immediately and unambiguously inform us via the contact details indicated on this Site, if you think your personal information, including but not limited to your accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

6.6 We reserves the right, at our sole discretion, to suspend or delete at any time and without notice, the accounts that it deems inappropriate, offensive or in violation of these Terms of Use and/or any laws or regulations. The suspension or deletion of the users accounts shall not entitle users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the user does not exempt the user from paying any applicable fees or prices.

6.7 Users can terminate their account and stop using the Service at any time by directly contacting us at the contact details provided on this Site.

7.            Content and Intellectual Property Rights

7.1 You agree that the content of information in whatever form which you choose to provide to us through Empower and/or the mobile apps and/or the Site (“Your Content”) is not false, intentionally misleading, defamatory, offensive, violates third party rights or contains anything that violates any laws and/or regulations.

7.2 You undertake to keep us fully indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising out of Your Content, or your violation of any rights of another or of any law as a result of the provision of Your Content through this Site and/or Empower and/or mobile apps.

7.3 When you provide Your Content to us for the purpose of it being used on Empower and/or mobile apps and/or via the services available on the Site, including messages and sharing of information with other third parties through the services or the Site, you agree that you have given your consent to us to use, store, process, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of Your Content, without any further consent from you, notice and/or compensation to you or others, subject to the relevant laws.

7.4 All content transmitted through the services available on the Site is the sole responsibility of the person from whom such content originated. We do not verify the veracity of nor do we validate or endorse any content posted or supplied by you or any third party provided to us. We assume no responsibility for the content of websites linked on Empower and/or the Site and/or the mobile apps and such links should not be interpreted as endorsement or validation by us of those linked websites. We will not be liable for any loss or damage of any nature that may arise from your use of such content. 

7.5 Through this Site and/or the Empower and/or the mobile apps you may have access to external resources provided by third parties. You hereby acknowledge and accept that we have no control over such resources and is therefore not responsible for their content and availability. 

7.6 Empower is the owner of all intellectual property rights in and to the services available on the Site as well as the Site (except those pertaining to Your Content) and the mobile apps and no other party shall have any rights over the same. These Terms of Use do not grant you to use of any trademark, logo, branding or other intellectual property used in our services and the Site.

8.          Prohibited Use

8.1 You agree that the information and content available on the Site (including but not limited to any information, text, graphics, videos, photos, apps, software or other materials) are the sole property of Empower (save and except for Your Content) and that you will not copy, modify, sub-licence, re-sell or create derivative works of such information and content in any manner whatsoever.

8.2       You further agree that you will not:

  1. use the services available on the Site other than in accordance with these Terms of Use;

9.         Payment

9.1 Some of the services available on the Site require payment of fees. All fees are stated in Malaysian Ringgit. You shall pay all applicable fees, as required and described in the applicable services and any related taxes or additional charges.

9.2 Fee paid is final and non-refundable, except at our sole discretion and in accordance with the terms governing each paid services provided by the payment processor and/or financial institution.

9.3 We use a payment processor to bill you through a payment account linked to your billing account or by providing our bank account information for you to make payment to us. By making use of these payment services on the Site, you agree to be bound by terms as laid down from time to time by the payment processor and hereby consent and authorise us to delegate the authorisations and share information you provide to us with our third party service provider to the extent required to provide such payment services to you.

9.4 If a payment through the available methods fails or is refused by the payment service provider, we shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, the we reserves the right to claim any related expenses or damages from you.

10.       Access

10.1 We will use our best endeavour to ensure that the Site and the services are available at all times. Notwithstanding the foregoing, we do not warrant that your use of the services available on the Site will be uninterrupted or error-free or that such services will meet your requirements. We will not be responsible for any losses or damages of any nature arising from any delays and other problems inherent in the use of communication networks and facilities for the transfer of data or use of the services through the Site.

11.        Limitation of Liability

11.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to:

  1. the Site or any content of the Site, whether express or implied;

11.3  To the extent permitted by law, we shall not be liable for:

  1. any indirect, incidental, exemplary punitive, or consequential losses or damages of any kind whatsoever;
  1. To the extent permitted by law, our total liability for any claim under these Terms of Use is limited to the amount you paid to use the applicable services.
  1. To the maximum extent permitted by applicable law, in no event shall we, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, advisors and employees be liable for:
  1. any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; 
  1. any damage, loss or injury resulting from hacking, tampering or

other unauthorized access or use of the Service or User account or the information contained therein;

  1. any errors, mistakes, or inaccuracies of content;
  1. personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Site and/or the Service;
  1. any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
  1. any interruption or cessation of transmission to or from the Site and/or the Service;
  1. any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  1. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site and/or the Service; and/or
  1. the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Empower, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, advisors and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User for the Service.

12.        General Indemnity

12.1 You agree and undertake to fully defend, indemnify and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, advisors, suppliers and employees harmless from and against any and all liabilities, obligations, losses, damages, claims or demands, costs and expenses or debts, without limitation to, legal fees and expenses, in connection with or arising from (including but not limited to):-

12.1.1 your breach or non-compliance of any of these Terms of Service;

12.1.2 your use of and access to the Service, including any data or content transmitted or received by you;

12.1.3 your violation of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these terms;

12.1.4 your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

12.1.5 your violation of any statutory law, rule, or regulation;

12.1.6 any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

12.1.7 your wilful misconduct;

12.1.8 statutory provision by you or your affiliates, officers, directors, agents, cobranders, partners, suppliers and employees to the extent allowed by applicable law.

13.        Termination

13.1 Empower may terminate or temporarily suspend your use of the services provided through the Site and/or the Service at their sole discretion in the event that:

13.2 If you have paid for any services, either party may terminate these Terms of Use with notice via email to the other. For the avoidance of doubt, fees paid will not be pro-rated and refunded.

14.       Amendment 

14.1 You are allowed to make any amendment if there typing error only in your Trust within three (3) days from the date of the payment free of charge at the discretion of Empower. 

14.2 You shall make payment for any amendment after three (3) days from the date of your payment.  

14.3 Empower shall have reserve the absolute rights to reject any application of amendment in the event that there is any change of settlor, entire gift or beneficiary(ies) and impose any charges for the amendment. 

15.        Governing Law

15.1 These Terms of Use are governed by and are to be construed in accordance with the laws of Malaysia.

16.       Assignment

16.1 You shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent.

17.        No solicitor-client relationships

17.1 Nothing in these Terms of Use is intended to, or shall be deemed to, establish any solicitor-client relationship between any of the parties.

18.       Waiver

18.1 No failure to exercise or delay in exercising any right or remedy under these Terms of Use will constitute a waiver of the relevant provision or provisions of these Terms of Use.  No single or partial exercise of any right or remedy under these Terms of Use will preclude or restrict the further exercise of any such right or remedy. Our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

19.       Severability

19.1 The invalidity, illegality or unenforceability of any provisions of these Terms of Use will not affect the continuation in force of the remainder of these Terms of Use.

20.        Entire Agreement

20.1 These Terms of Use constitute the whole agreement between the parties and supersede all previous correspondences, discussions, negotiations, understandings, arrangements and agreements between them with respect to this subject matter.

21.        Service Interruption

21.1 To ensure the best possible service level, we reserve the right to interrupt the Service for maintenance, system updates or any other changes.

21.2 Within the limits of law, we may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, we will cooperate with Users to enable them to withdraw personal data or information and will respect Users’

rights relating to continued product use and/or compensation, as provided for by applicable law.

21.3 Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

22.1 Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service product(s) and of its Service without Empower express prior written permission, granted either directly or through a legitimate reselling programme.

23.         Questions and Contact Information  

23.1.1  If you have any questions regarding the use of the Site, please email us at [email protected].