Terms & Conditions of Online Will & Wasiat Writing Services via Maybank2u

Terms & Conditions of Online Will & Wasiat Writing Services via
Maybank2u
The Online Will / Wasiat Writing Services [“Services”] is provided by Maybank Trustees Berhad [“MTB”]
through Malayan Banking Berhad [“Bank”] via Maybank2u Internet Banking Services. These are the
terms and conditions governing the access, provision and use of the Services [“Terms and Conditions”].

You shall signify your understanding of the Product Disclosure Sheet of the Services [“Product
Disclosure Sheet”] and agreement to the Terms and Conditions and accept responsibility for your use of
the Services by clicking on the "Accept" button appearing at the end of the Terms and Conditions. You
should read the Product Disclosure Sheet and the Terms and Conditions carefully before you click the
"Accept" button and accept them. If you click the "Cancel" button, you will not be subscribed for the
Services.

Please note that usage of the Services is subject to all applicable laws and regulations and that the
Terms and Conditions are to be read together with the Terms and Conditions of the Maybank2u Internet
Banking Services and the Maybank2u Terms and Conditions of Access. Unauthorised access and use of
the Services is strictly forbidden.

1. Definitions

For the purpose of the Terms and Conditions, the following terms shall, unless the context
otherwise require, have the meanings as defined below. All other terms not defined herein shall
have the meaning as may be defined in the Terms and Conditions of the Maybank2u Internet Banking
Services or where no definition has been provided, the said term shall have the meaning as may
generally be accepted within the industry based on the context used herein.

“Will”
Means the Will for a Non Muslim person made available by MTB following subscription to the
Services.

“Wasiat”
Means the Wasiat for a Muslim person made available by MTB following subscription to the
Services.

“Website”
Means www.maybank2u.com.my

“Fee and Charges”

Means the prevailing fees payable for each subscription of the Services namely:
For a Will – RM298
For a Wasiat – RM298

All fees specified NOT include any government taxes (including but not limited to the Goods and
Services Tax [GST]), which will be charged separately.

“Associated Documents”
Means among others MTB’s cover letter, instruction to complete the Will or Wasiat etc.

"Maybank2u Security Access"

Means such confidential authentication information required for your access to and use of
Maybank2u Internet Banking, whether in the form of words, codes, numbers, sets of characters or
such other form or combination thereof, as may be prescribed by the Bank from time to time.

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 Terms & Conditions of Online Will & Wasiat Writing Services via Maybank2u

2. General Terms
2.1 You must first have a valid Maybank2u username and password and subscribe for the Services.
2.2 The Services are for your exclusive use only. You are prohibited from using the Services on behalf
of another person.
2.3 You acknowledge and agree to accept the Services via the Maybank2u secured site in accordance
with the Terms and Conditions.
2.4 MTB or the Bank reserves the right to reject your subscription for the Services at its sole and
absolute discretion without providing any reasons whatsoever.
2.5 MTB will make available the Will or Wasiat to you within five [5] working days from you having
provided complete and accurate information and made prior payment of the Fees.
2.6 You may at anytime cancel or unsubscribe for the Services provided that such cancellation or
un-subscription is done prior to the payment of the Fees.
2.7 MTB provides the Services in accordance with the laws in Malaysia and in particular for Muslims
also in accordance with Islamic principles.
2.8 You are advised to contact MTB or the Bank’s nearest branch should you require additional
information or clarification in respect of the Services or should you have any special
instructions for the writing of a Will or Wasiat.
2.9 MTB or the Bank reserves the right at its sole and absolute discretion to vary, supplement,
delete, amend or modify any of the Terms and Conditions from time to time by giving a
minimum of fourteen [14] days prior written notice thereof. The notice setting out the
variation, supplemental, deletion, amendments or modification, as the case may be to the
Terms and Conditions and the duly varied, amended, supplemented and modified Terms and
Conditions shall be posted on the Website.

3. Your eligibility
3.1 For writing a Will, you must be:
• A Non-Muslim;
• Of Sound mind;
• A Malaysian Citizen;
• 18 years and above in Peninsular Malaysia and Sarawak and 21 years and above in Sabah;
and
• Understand the nature and purpose of making a Will.

3.2 For writing a Wasiat, you must be:

• A Muslim;
• Of Sound mind;
• A Malaysian Citizen;
• 18 years and above in Peninsular Malaysia and Sarawak and 21 years and above in Sabah;
and
• Understand the nature and purpose of making a Wasiat.

4. Your duties
4.1 Upon receipt of the original Will or Wasiat from MTB, you shall:
a. Read the Will or Wasiat in order to confirm that all information therein is correct and
reflects your wishes in respect of the beneficiaries, distribution of estate and appointment
of executors.
b. Notify MTB or the Bank of any errors within three [3] working days to enable MTB to
provide a new Will or Wasiat.
c. If in order, you shall sign the Will or Wasiat:
For a Will:
- In the presence of two [2] witnesses who are 18 years old and above.
Or
For a Wasiat:
- In the presence of two [2] male Muslims witnesses who are 18 years old and above.

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 Terms & Conditions of Online Will & Wasiat Writing Services via Maybank2u

d. Ensure that the witnesses simultaneously sign as witnesses to your signature.

e. Ensure that the witnesses are not named as beneficiaries under the Will or Wasiat.
f. Keep the duly signed and witnessed original Will or Wasiat in a safe and secure place.
4.2 Your failure to comply with clause 4.1 may render the Will or Wasiat invalid and/or not
enforceable.
5. Fee and Charges
5.1 MTB or the Bank will only accept payment of the Fees if paid through the Website in your
name.
5.2 Fees paid by you are not refundable.
5.3 MTB or the Bank may consider making a refund of the Fees at its absolute discretion.
5.4 MTB or the Bank reserves the right to revise the Fees from time to time.
5.5 All fees specified NOT include any government taxes (including but not limited to the Goods
and Services Tax [GST]), which will be charged separately.

6. Consent for Sharing of Information

6.1 MTB and the Bank requires the information as requested for the provision of the Services
[“Information”].
6.2 MTB and the Bank will keep the Information confidential and will only disclose the
Information where it is necessary to auditors, legal counsel and other professional advisors,
to any regulators and in accordance with the law. MTB and the Bank could also, subject to
your consent, share the Information with the Malayan Banking Berhad Group of Companies
including its current and future associated, related and affiliated companies [Maybank Group]
and those companies may disclose the information to each other provided always that MTB
and the Bank shall take all reasonable care to ensure that the Information shall remain
confidential within the Maybank Group. Maybank Group will then use the Information for the
purposes of administration, operations, business development and marketing of its products.
6.3 It is not obligatory for you to share the Information with Maybank Group.
6.4 You have the right, at any time, to [a] withdraw your consent [if consent was granted] or
grant your consent [if consent was not granted], [b] check the Information and [c] have any
inaccuracies in the Information corrected by writing to MTB at the address provided in the
Product Disclosure Sheet.

7. Personal Data Protection Act (PDPA)

7.1 In order to process this application and subsequently to continue performing the contractual
agreements entered between you and any entity within Maybank Group, we may need to
disclose your personal data to other entities within Maybank Group and other external
parties. Maybank Group refers to Malayan Banking Berhad (“Maybank”), including its branches
in Malaysia and in other countries as well as is local and overseas subsidiaries. The external
parties we disclose your personal data to may include but not limited to (1) governmental and
regulatory bodies such as Bank Negara Malaysia and Securities Commission, (2) our business
strategic partners such as CAGAMAS and debt collection agents, (3) outsourcing vendors such
as vendors we work with for the maintenance and storage of your personal data . These
parties may locate and / or process your personal data within or outside of Malaysia.
7.2 Under the Personal Data Protection Act (PDPA) 2010, we are required to obtain your explicit
consent when we collect and process your sensitive personal data. We collect your sensitive
personal data in order to assess your application and to administer the products and services
that you have signed up for.
7.3 From time to time, we, other entities within Maybank Group or our agents or strategic
partners or such other third parties (collectively, “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/data with Other Entities.

7.4 Declaration

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 Terms & Conditions of Online Will & Wasiat Writing Services via Maybank2u

By clicking on the "Accept" button appearing at the end of the Terms and Conditions, you are
declaring that you have read and understood and agreed to be subject to the Maybank Group
Privacy Notice and expressly consenting to and authorising Maybank Group:

a. To request for and to obtain all the personal information and data in this form for the
purpose of processing this application and all other purposes which are required in
relation to any products and services offered by Maybank Group;
b. To disclose your personal data to other entities within the Maybank Group and other
external parties when required; and
c. To collect and process my 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 Conditions, you further
confirm that all personal data that you have provided are all true, up-to-date and accurate.
Should there be any changes to any of your personal data, you shall notify Maybank Group
immediately.

8. Limitations of Services
8.1 MTB or the Bank shall not be appointed as executor in your Will or Wasiat.
8.2 MTB or the Bank does not provide nor purport to advice you in connection with your:
a. Will or Wasiat;
b. Personal circumstances;
c. Distribution of property [distribution];
d. Tax consequences arising from such distribution;
e. Effectiveness of such distribution; and
f. Legal consequences of such distribution.
8.3 You are advised to obtain independent legal and tax advice in connection with clause 7.1.
8.4 If you are a Muslim, you must ensure the distribution of estate is made in accordance with
the applicable Islamic inheritance laws or applicable laws from time to time.

9. Limitations of Liability
9.1 MTB or the Bank:
a. Shall not be responsible for the administration of your estate.
b. Is responsible only to make available the Will or Wasiat.
c. 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 conditions resulting
from circumstances beyond the control of either MTB or the Bank 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 MTB from
operating normally;
iv. Any fraud or dishonest conduct of any third party including but not limited to
hacking and phishing; and
v. Any tampering or misplacing of the Will or Wasiat while in your custody.

9.2 MTB, the Bank nor any third parties make no representation or warranty that you will have
continuous or uninterrupted access to the Services, or that any of the functions of the
Services will be error-free or that no damage will occur to your computer system. The
Services is provided to you "as is" and "as available” and the access to the Services is strictly
at your own risk. MTB and the Bank and its service providers make no representation or

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 Terms & Conditions of Online Will & Wasiat Writing Services via Maybank2u

warranty relating to the Services, including, without limitation, its performance, availability,
content, or functions.

9.3 In addition to any other disclaimers and exclusions as may be stipulated in the Maybank2u
Terms and Conditions of Access and Maybank2u Terms and Conditions of Internet Banking
Services, and to the extent as may be permitted under law, MTB and the Bank disclaim all
warranties, conditions, guarantees, representations, express or implied with respect to the
Services.

9.4 In no event will MTB and the Bank 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 Services including but not limited
to loss or damage rising from:

a. any defect, delays, interruptions or failures in the provision of the Services;

b. any inaccuracies, or errors in any data or information in the Will or Wasiat or otherwise
provided or made available via the Services;
c. the corruption, loss of or error in any data or information provided by the Customer for
incorporation in the Will or Wasiat for any reason;
d. any unauthorised use of the Services and/or intrusion, interference or attack on Website
or the Services 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 Conditions and
any other laws, rules, regulations, policies and guidelines currently in force;
f. an event which is beyond the reasonable control of MTB and the Bank;
g. MTB and the Bank performing and exercising its rights, obligations and discretion pursuant
to these Terms and Conditions; and/or
h. the act or omission of any party other than MTB and the Bank.

9.5 Your sole remedy for any failure or non-performance of the Services shall be for MTB or the
Bank to use commercially reasonable efforts to perform an adjustment or repair of the
Services by providing a fresh Will or Wasiat and if you remain dissatisfied with the Services,
to discontinue your access and use of the same.

9.6 The foregoing clauses shall apply to the fullest extent as permitted in law.

10. Indemnity
10.1 You shall keep MTB and the Bank fully indemnified on a full indemnity basis against any and
all losses, damages, fees, costs, charges, duties, expenses, legal costs etc arising directly or
indirectly that MTB and the Bank 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 Services provided herein; or
b. Your breach of the Terms and Conditions howsoever occasioned; or
c. Any intellectual property right or proprietary right infringement claim made by a third
party against MTB or the Bank in connection with your use of the Services.

11. Security and Equipment

11.1 Information you provide in connection with the Services will be stored on the Website’s secure
servers and protected by certain encryption techniques. However, the security of the Services
depends upon your efforts to protect your Maybank2u Security Access for the Services. You
must take all necessary precautions to safeguard your Maybank2u Security Access, which
allows you to access the Services.

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 Terms & Conditions of Online Will & Wasiat Writing Services via Maybank2u

11.2 You shall be responsible for all access and use of the Services via your Maybank2u Security
Access whether authorised by you or otherwise and shall indemnify MTB and the Bank in
relation to any liability, losses or damages suffered or incurred by MTB and the Bank arising
from the access and use of the Services via your Maybank2u Security Access.

12. Maybank2u's Proprietary and Intellectual Property Rights

12.1 Other than your personal information, all content available on the Services [including its
arrangement] is the property of MTB and the Bank and is protected by copyrights, trademarks,
or other intellectual and proprietary rights. Your usage of the Services does not grant you a
license or right to use any Maybank2u trademark without the express written approval of the
Bank. In addition, your usage of the Services 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.

13. Termination
13.1 MTB or the Bank reserves the right to terminate and/or suspend your access to the Website
and/or the Services or your use of the Website and/or the Services at any time, for any
reason. In particular, and without limitation, MTB and the Bank may terminate and/or suspend
your access should you violate any of the Terms and Conditions, or violate the rights of MTB or
the Bank, of any other user, or of any third party.

14. Law and Jurisdiction

14.1 The Terms and Conditions are governed by and are to be construed in accordance with the
laws of Malaysia. By accessing this Website and/or using the Services provided herein by MTB
and/or the Bank, 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. MTB
and/or the Bank make 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.
14.2 If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant
to applicable laws including, but not limited to, the warranty disclaimers and 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
the remainder of the Terms and Conditions will continue in effect.

15. Queries and Complaints

15.1 In the event that you have any queries, complaints and/or disputes arising from your access
to and use of the Services, you shall refer the matter to MTB or the Bank as per the relevant
contact details as stipulated in the Product Disclosure Sheet.

15.2 MTB and the Bank shall use its reasonable endeavours to respond to the queries and resolve
any problems or issues as may be raised by you.

15.3 You shall specify the nature of your query, complaint and/or dispute and such other details
or information as may be required by MTB or the Bank and such complaint and/or dispute
shall be handled and/or resolved in accordance with MTB or the Bank’s internal complaints
and dispute resolution procedure.

END