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Website disclaimer

LEGAL INFORMATION

Contractual Website Terms of www.octowilltrustees.com. 

By browsing or accessing any content or data on www.octowilltrustees.com (including its website, mobile site, or apps), you are acknowledging and agreeing to abide by the contractual terms of www.octowilltrustees.com.

These Website Terms, along with our Privacy Policy, serve as the foundation for accessing and utilizing our platform, which includes, inter alia, websites, subdomains, mobile sites and apps.

We retain the right to modify any or all of our Website Terms or other usage conditions for our platform at any time, and such changes will be made publicly available on our website. Your continued use of our platform signifies your acceptance of these revised terms. If you object to any of our Website Terms or other notifications on our platform, your only recourse is to immediately discontinue your use of our platform.

Our platform is designed exclusively for individuals who have attained the legal age (e.g., adults) and possess the capability to manage their own affairs or maintain mental capacity. If you do not fall into any of these categories, we kindly request that you promptly leave our platform. By persisting in using our platform, you confirm that you are of legal age and possess the mental capacity necessary to avail yourself of the services offered.

We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We reserve the right to alter the path, location, or redirect the content within a link or subdomain on our website without prior notification. Additionally, please note that any links shared or forwarded by you may undergo changes without notice, and we do not warrant their permanence at the time of sharing.

The information provided on our platform and in any www.octowilltrustees.com publication should not be considered and regarded a replacement or substitution for professional legal or financial advice.

Octowill Trustees Berhad (“Company”) holds the responsibility for maintaining the platform, and all www.octowilltrustees.com publications do not provide any warranty regarding the accuracy or reliability of the information presented therein. This includes, but is not limited to, any content or information generated on our platform by the Company or on its behalf, as well as any Third Party Content on our website. The Company, along with its related entities, directors, officers, and agents, disclaims any liability and responsibility for any direct or indirect loss or damage that may be incurred by any recipient relying on the content included or omitted from our platform or publications.

Restrictions on use of websites

In using or accessing our platform, you agree to the following terms and agree not to:

  1. Utilize any automated device, software, process, or means to access, retrieve, scrape, or index our platform or its content.
  2. Employ any device, software, process, or means to disrupt or attempt to disrupt the proper functioning of our website.
  3. Take any action that excessively burdens our infrastructure or causes unreasonable and disproportionate site usage, as determined solely by us.
  4. Use or index any content or data on our platform for the purpose of constructing a searchable database  or competing with us in any unauthorized manner.
  5. Transmit spam, chain letters, contests, junk email, surveys, or other forms of mass messaging, whether commercial or not.
  6. Utilize our platform or its content in a manner that, in our sole discretion, is unreasonable or deviates from its intended purpose.
  7. Infringe upon the rights of any person, including but not limited to copyright, trade secret, privacy, or any other intellectual property or proprietary rights.
  8. Impersonate any individual or entity, or attempt to obtain money, passwords, or personal information from any person.
  9. Act in violation of any of our Terms of Use or other conditions set forth by us or any applicable laws.
  10. Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or exploit our platform or its content in any manner not expressly authorized by us.
  11. Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses, or other harmful items.

We retain the right to employ any means we consider necessary to prevent unauthorized access to or use of our website. This may include implementing technological barriers or reporting your actions to relevant parties or authorities.

Copyright

The content found on our platform and publications is protected by copyright. With the exception of fair dealing allowed under the Malaysia Copyright Act 1987, the Company permits visitors to the site to download copyrighted material solely for personal and non-commercial purposes. Any reproduction or use of www.octowilltrustees.com ‘s copyrighted material beyond such purposes requires written permission directly from the Company or the applicable copyright owner. If granted, such permission is contingent upon acknowledging the copyright owner’s name and rights when reproducing or quoting the material, either in its entirety or in part.

Third party links and advertising

Our platform may contain advertisements, hyperlinks, and pointers to third-party websites. Please note that these third-party websites are independent of our platform and are neither controlled nor the responsibility of the Company. By accessing and navigating these websites, you assume all associated risks entirely on your own. The Company, along with its related entities, does not provide any warranty regarding the accuracy or reliability of the information found on third-party websites. Furthermore, the Company, its related entities, directors, officers, and agents disclaim any liability or responsibility for any direct or indirect loss or damage that may be incurred by you as a result of relying on the content included or omitted from such third-party websites. It is important to note that the display of advertising does not imply any endorsement or recommendation by the Company.

Contributions

In this section, ‘Contributions’ refer to information, such as data, text, video, still images, audio, or other materials that the Company has authorized you to host, share, publish, post, store, or upload on our platform in accordance with these terms.

The Company reserves the right, without any liability to you, to remove, modify, or disable access to any or all of your Contributions at its sole discretion, without prior notice. This includes the removal or disabling of access to your Contributions if the Company determines that:

  1. Your Contributions violate any laws or regulations;
  2. Your Contributions infringe upon the intellectual property rights of any third party;
  3. The Company is obligated to do so by a regulatory body or relevant authority pursuant to an interim or final take-down notice;
  4. Your Contributions are deemed to be:
  5. Misleading or deceptive;

ii Inappropriate given the purpose of our platform;

iii. Likely to cause offense;

  1. Materially incorrect;
  2. Obscene;
  3. Defamatory;

vii. Otherwise unlawful; or

viii. Corrupted due to the presence of a virus or other disabling code.

You maintain full ownership rights to your Contributions. The Company is not obligated to treat your Contributions as confidential or proprietary information.

To the extent that your Contributions possess proprietary characteristics, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, transferable, and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, display, and publicly perform your Contributions in any medium, whether presently known or invented in the future. Additionally, you grant each user of our platform a non-exclusive license to use, reproduce, adapt, translate, distribute, prepare derivative works of, display, and perform your Contributions as permitted by the Company and these terms.

In relation to Contributions submitted to our website, you grant the Company the right to utilize your name or the name provided with the Contribution, and you represent and warrant that:

  1. You possess and maintain all necessary rights to the Contributions; or
  2. You have obtained the lawful rights, including licenses, consents, and permissions required to use and authorize the Company to display the Contributions.

For any Contributions in which you retain moral rights, you declare that:

  1. You do not require the use of personally identifiable information in connection with the Contribution or any derivative work, upgrade, or update thereof; and
  2. You acknowledge that while accessing our platform, you may encounter Contributions from other users. You understand and agree that the Company does not have control over, and is not responsible for, these other Contributions. You release the Company from any claims you may assert against it regarding or in connection with these other Contributions.

You further represent and warrant that:

  1. You possess the lawful rights, including all necessary licenses, consents, and permissions, to use and authorize the Company to display your Contributions; and
  2. You will not make any Contributions that:
  3. Infringe upon the intellectual property rights of any third party, and you agree to pay all royalties, fees, or other monies payable as a result of any Contributions made by you;
  4. Are misleading or deceptive;

iii. Are materially incorrect;

  1. Are likely to cause offense;
  2. Directly or indirectly involve the advertising or marketing of any products or services;
  3. Are obscene, including pornographic, hateful, racially or ethnically offensive material;

vii. Are defamatory;

viii. Are otherwise unlawful or encourage unlawful conduct; or

  1. Are otherwise inappropriate given the purpose of our platform.

Third Party Content

Our platform may include content provided by third parties (“Third Party Content”). The Company does not engage in regular monitoring or inquiries regarding Third Party Content. The Company holds no responsibility for, does not endorse, and makes no express or implied representations regarding Third Party Content. The views expressed in Third Party Content do not reflect those of the Company. Your reliance on Third Party Content is entirely at your own risk.

Editorial content

Any editorial content or articles found on our site are intended to be of a general nature and do not take into account your personal objectives, financial situation, or specific needs. Such editorial content should not be considered as advice or relied upon by you or any other individual. We strongly advise seeking professional advice before making any decisions based on the content. It is important to note that editorial content provided by authors who are not employed by us is considered Third Party Content as per the aforementioned section.

Further warranties

You hereby represent and warrant that:

  1. you will adhere to these terms and any directives provided by us regarding your usage of our platform, consistently and without exception;
  2. you will take necessary measures to maintain the confidentiality and security of your username and password used to access www.octowilltrustees.com; and
  3. you assume full responsibility for any unauthorized use of your issued username and password, except in cases where such unauthorized use arises directly from the Company’s negligent actions or omissions attributable by law.

Indemnification

You agree to indemnify and hold the Company, its affiliates, officers, agents, partners, and employees harmless from any and all losses, liabilities, claims, or demands (including reasonable attorney’s fees) arising out of or in connection with your use of and access to our platform, or any Contributions made by you that are not in compliance with these terms.

Policy for linking to our website

You are permitted to link to content on our platform only with our explicit consent. If we grant permission for you to link to our platform, you must adhere to the following conditions:

  1. You must not attribute a link to Company content as if it were a link to your own or someone else’s content. This means that you cannot use your own logo or any other means to falsely represent the content as your own.
  2. You must not attribute a link to our site and then redirect it elsewhere.
  3. You must not frame our content in a manner that presents it as your own or as the property of any entity other than us or our licensors.
  4. You must not link to our content as part of a website that aggregates property listings and/or information or competes with us in any way.

We reserve the right to prohibit you from linking to our content, and we may exercise this right by providing notice to you. Our decision to exercise this right is entirely at our discretion and may be based on the aforementioned circumstances or any other reasonable matter or circumstance we deem necessary.

Limitation of liability

Certain rights and remedies available under consumer protection laws in Malaysia may not be excluded, restricted, or modified. Except for those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition is limited, at our discretion, to either the re-supply of services or payment for the cost of re-supply of services.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN CONNECTION WITH ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS, OR BENEFITS SUFFERED OR INCURRED BY YOU, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE WEBSITES. REGARDLESS OF THE FORM OF ACTION, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION SHALL AT ALL TIMES BE LIMITED TO USD$100.00 (or the equivalent amount in the local currency).

Jurisdiction

The use of our platform, acceptance of these terms, and adherence to our Privacy Policy and other legal terms and notices are subject to the jurisdiction of the courts of Malaysia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of such courts.

Language

In the event of any inconsistency between the non-English version of these terms and our Privacy Policy and the English version, the English version shall prevail.

Privacy Policy

INTRODUCTION

Octowill Trustees Berhad operates www.octowilltrustees.com (“Website”) across desktop, mobile, tablet and apps (including any subdomains). Octowill Trustees Berhad and its related companies are together known as “Company” or “we”, “our” and “us” in this Privacy Policy (unless the context requires).

The Website is intended for use only by individuals who have reached the legal age (e.g., adults) and possess the capacity to manage their own affairs. If you do not meet these criteria, please refrain from accessing or using the Website. By accessing and using the Website, you confirm and warrant that you are of legal age and possess the necessary mental capacity to engage with the services/products provided on the Website.

This Privacy Policy outlines the procedures governing the collection, utilization, disclosure, storage, processing, and management of personal information. By accessing or using the Website, subscribing to our services, or entering into an agreement regarding the Website, you acknowledge that you have read and consent to the collection, use, disclosure, storage, processing, and handling of your personal information as described in this Privacy Policy.

We reserve the right to revise or amend this Privacy Policy at any time. It is your responsibility to review this Privacy Policy periodically to stay informed about any modifications.

SAFEGUARDING INFORMATION PRIVACY

We acknowledge and adhere to the principles and obligations set forth in the Malaysia Personal Data Protection Act 2010 and other relevant local privacy laws, regulations, codes of practice, guidelines, or guidance notes that may be issued from time to time (“Privacy Laws“). Our collection and handling of personal information are conducted in compliance with these Privacy Laws and applicable privacy regulations.

THE PERSONAL INFORMATION WE COLLECT ABOUT YOU

We may collect a range of personal information about you, including, but not limited to, your name, address, phone number, email address, gender, occupation, personal interests, information regarding your search activities, and behavior on our website, such as the duration of your active membership or registration on www.octowilltrustees.com. In some cases, we may also require your personal information, including details from your passport, driver’s license, health care cards, or concession cards, to verify your identity for certain services and products. If you choose to access our services through a social network site or log in to the Website using your social network credentials, such as Facebook, Google, or Apple, we will collect limited information provided by that social network site, such as your username, site ID, profile photo, and email address.

Please note that it is mandatory for you to provide us with your name, contact information, and other details marked as mandatory as requested by us. If you decide not to provide the mandatory personal data or wish to withdraw your consent or significantly limit the processing of your personal data, you acknowledge that, notwithstanding any agreement between you and us, we may not be able to provide you with our services and products.

In the case of submitting personal information for an employment opportunity, we may also collect information about your employment and academic history.

Additionally, we may collect non-personal information about you, which may include data related to your activities on the Website, such as IP addresses, obtained through tracking technologies like cookies, web beacons, or measurement software, as well as data derived from survey responses.

By providing us with your personal information and acknowledging that we collect information from you, you confirm that the personal information provided is either your own information or information that you have been authorized to provide to us.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We employ various methods to collect personal information about you, drawing from multiple sources, which may include, but are not limited to:

  1. Your registration and account creation on the Website;
  2. Your login using your social networking site (SNS) account;
  3. Subscribing to receive Alerts/e-brochures, filling in forms or applications, participating in surveys, research, promotions, or competitions on the Website or our service providers’ websites;
  4. Contacting us or our service providers for assistance, reporting issues, or seeking further services;
  5. Contributing or posting material on the Website;
  6. Disclosing relevant information to debt collection agencies to recover any outstanding amounts owed to us; and
  7. Applying for employment opportunities directly, through SNS sites (e.g., LinkedIn), or via your nominated referees.

Additionally, we may acquire your personal information through our related bodies corporate, service providers, and third parties to enhance our services or provide you with more relevant products and offerings.

HOW WE USE YOUR PERSONAL INFORMATION

We utilize the personal information we collect primarily to fulfill your requested products and services, address your inquiries, manage your account, and ensure your compliance with our website terms of use.

In more specific terms, the collected personal information may be used for the following purposes:

  1. Presenting website content in the most effective manner for you and your device;
  2. Offering a better and more relevant service or product, such as pre-filling forms when making inquiries to selected estate agents;
  3. Combining personal information with data collected from service providers, third parties, cookies, or web beacons to enhance your experience, personalize content, and improve product quality and services, including reporting statistics, analyzing trends, administering services, and diagnosing issues. For example, behavioral data collected through cookies or web beacons may be combined with personal information from your requests sent through the website or to third parties;
  4. Customizing services, experiences, advertisements, and content based on your preferences and interactions on the Website, as well as on the websites of our service providers and business partners;
  5. Responding to and providing requested services, products, information, and support;
  6. Conducting surveys, research, and feedback regarding our products, services, or the Website;
  7. Verifying your identity during registration or login via your SNS account, and assisting with password and username retrieval;
  8. Enabling your participation in interactive features of our service, if you choose to engage with them;
  9. Assisting in fulfilling contractual obligations between you and us;
  10. Notifying you about changes to our products and services;
  11. Utilizing your personal information for direct marketing purposes and/or disclosing it to third parties for direct marketing, as described in the section “USING AND DISCLOSING YOUR PERSONAL INFORMATION FOR MARKETING PURPOSES” below.If all or part of this information is not provided, we may not be able to provide these services.

If you submit personal information to us in relation to an employment opportunity with us, we may also use your personal information to:

  1. consider you for the position for which you have submitted your personal information to us or any other positions that are or become available in the future;
  2. respond to you in relation to any future application you make for an employment opportunity with us; and
  3. contact your referees in order to collect the information you have consented to us collecting about you in order to consider you for employment opportunities with us.

USING AND DISCLOSING YOUR PERSONAL INFORMATION FOR MARKETING PURPOSES

We may use your personal information, including your name, residential address, mobile phone number, residential phone number, and email address, for the purpose of providing you with information about offers, promotions, or services, and/or financial products/services. 

Additionally, we may disclose your personal information, including your name, residential address, mobile phone number, residential phone number, email address, and information regarding your search activities and behavior on the Website, to our service providers, who may provide you with products or services on our behalf or products or services that you have directly requested from them. 

Furthermore, we may share your information, including your name, residential address, mobile phone number, residential phone number, and email address, with the Company’s related companies, our service providers, and other third parties such as clients, financial services companies, investment service providers, and telecommunications services providers. This sharing is done to facilitate the provision of products or services on our behalf or to assist us in delivering the requested products or services, including contacting you in relation to such products or services.

Please note that we will not use your personal information for direct marketing or share your information with others for direct marketing unless we have obtained your consent. Moreover, we will provide you with the opportunity to request the exclusion of your information from further direct marketing in our communications with you.

WHO WE DISCLOSE YOUR PERSONAL INFORMATION TO

We may share your personal information with our related bodies corporate, service providers, or business partners for various purposes. Additionally, we may disclose your personal information in the following circumstances:

  1. To our service providers, who may be our clients, financial services companies, investment service providers, or telecommunications services providers. This is done to enable them to provide you with products or services on our behalf, products or services that you have directly requested from them, or to assist us in delivering our products or services.
  2. To third parties from whom you have requested information, services, or products.
  3. In the event of a sale or similar transfer of our business.
  4. To relevant public, government, or regulatory authorities, our legal representatives, or other concerned parties in special situations where we have a reasonable belief that disclosing your personal information is necessary to identify, contact, or bring legal action against individuals or entities that may be causing harm to our rights, property, users, or any other party who may be affected by such activities, whether intentional or unintentional.
  5. When we are authorized or required by law to do so.

Please note that when you request information from any organization through the Website, you should review their privacy policy to understand how they handle your personal information. We are not responsible for the privacy practices of these organizations regarding the personal information you provide to them through the Website. 

HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION FOR

We will retain your personal information for the duration necessary to fulfill the purposes outlined in this Privacy Policy and to ensure our compliance with legal and contractual obligations.

DISCLOSURE AND STORAGE OF PERSONAL INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE

Personal information provided by customers and visitors of the Company’s website may be stored on servers located in your country of residence or in data centers operated by the Company’s outsourced data processors, both within Malaysia or abroad. In order to ensure secure storage, backup, and data retrieval services, as well as to provide services to you, we may transfer data outside of your country of residence to our service providers. The Company has implemented policies and procedures to ensure the secure storage and processing of data with its related companies, and it has also verified the security measures implemented by its outsourced data processors. By providing us with your personal information, you consent to the storage of your information outside of your country of residence for the purposes stated above.

In cases where we have obtained your consent or taken other necessary measures, we may also share your personal information with our service providers and other third parties, including clients, financial services companies, investment service providers, and telecommunications services providers, who are located outside of your country of residence. Such sharing of information will be conducted in accordance with applicable Privacy Laws and will enable these parties to provide you with the requested products or services, including contacting you regarding such products or services.

SECURITY

We place great emphasis on maintaining the security, integrity, and privacy of the personal information we collect. To safeguard your personal information from unauthorized access, modification, and disclosure, we have implemented safeguards and employ reasonable security measures. Our employees, contractors, agents, and service providers who are involved in the management of our information systems are bound by confidentiality obligations regarding any personal information they handle. We regularly review and update our security measures to align with advancements in technology. However, it is important to note that no data transmission over the internet can be guaranteed to be completely secure.

CORRECTION AND DELETION

We are committed to maintaining the accuracy and currency of the information we hold about you, and we will make every effort to ensure its correctness. If you discover any inaccuracies in the information we have about you or wish to review and verify the accuracy of your personal information, please don’t hesitate to contact us.

You also have the right to access the personal information we hold about you, with certain exceptions as permitted by law. If you would like to request access to your personal information, please contact us.

Furthermore, if you wish to have your personal information deleted, you can notify us accordingly. 

COMPLAINTS RESOLUTION

We place great importance on addressing customer concerns and ensuring a fair and responsible approach to handling complaints. If you have any concerns, complaints, or questions regarding your privacy or the Company’s operations, please reach out to us. We are committed to resolving your concerns in a timely manner.

Our Privacy Officer will carefully review your inquiry and strive to provide a prompt response. For further information on privacy matters and safeguarding your privacy in Malaysia, we recommend visiting the Department of Personal Data Protection’s website.

COOKIES AND WEB BEACONS

We utilize various technologies such as cookies, web beacons, and measurement software on the Website, and our service providers and third parties, including analytics, advertising, or ad serving partners, may also employ these technologies. The information collected through these technologies is used and disclosed in accordance with this Privacy Policy. It helps us generate statistical reports, analyze trends, administer our services, diagnose issues, and enhance the quality of our products and services. Third parties may also use their own cookies and web beacons to gather information about your visits to the Website, and we have no control over their use.

We may combine the data obtained from our cookies and information collected through cookies and web beacons on the Website with other information, including data collected by third parties using their own cookies and web beacons. This combined information, along with the use of analytics services, allows us to deliver more personalized and relevant services and advertising on the Website and other third-party websites. Similarly, our service providers and other third parties may employ similar practices to offer tailored services and advertising on other websites you may visit.

COOKIE CHOICES

If you prefer not to have information collected through the use of cookies, web beacons, or measurement software and tools, you may have the option to delete or reject cookies or disable certain measurement software features through your browser settings or the settings section of your mobile or tablet device. However, please note that disabling these features may affect the proper functioning of certain functions on the Website or impact the performance of our products and services.

APPLICATIONS, WIDGETS OR LINKS TO OTHER WEBSITES

We may provide links to external websites and third-party websites on the Website. Additionally, we may allow certain third parties to display widgets and applications on the Website, enabling content sharing and interaction, including social media buttons such as Facebook share and like, Twitter, Pinterest, and Google. Please note that these linked sites, applications, and widgets are beyond our control, and we cannot be held responsible for the actions of companies associated with the Website or their collection of information through these third-party applications or widgets. Prior to disclosing your personal information on any other website or using these applications or widgets, we recommend reviewing the terms and conditions of the respective website and the data collection practices and privacy controls outlined in the third party’s privacy policy.

LANGUAGE

In the event of any inconsistency between the non-English version of these terms and our Privacy Policy and the English version, the English version shall prevail.