INTRODUCTION

The terms and conditions of this agreement (“Agreement”) govern your use and access of the services provided by Holistic Wealth Group Sdn. Bhd. (Company Registration No. 202301034617 (1528540-T)), a Malaysian entity, either itself or through its subsidiaries or any company within the group of companies of our company structure (“we” or “our” or “us” or “the Company“), via the website – https://www.hwg.asia and the mobile application which provisionally known as “HWG” designed by the Company (“the Platform”). For the avoidance of doubt, the term of the Platform shall include its respective components, processes and design in its entirety.

The terms and conditions stated herein constitute a legally binding Agreement made between you, whether personally or on behalf of an entity (“User” or “you” or “your”) and the Company concerning your access to and use of the Platform.

By accessing the Platform, you acknowledge and agree that you have read, understood, and agree to be bound by all the Agreement appearing herein under. For avoidance of doubt, this Agreement applies to all users of the Platform.

We reserve the right, in our sole of discretion, to make changes or modifications to this Agreement at any time and for any reason. Your continued use of the Platform constitutes your acceptance of and agreement to be bound by the current Agreement which include changes that may be made from time to time. Should you disagree with this Agreement, please discontinue your access and usage of the Platform. Supplemental terms & conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference.

We reserve the right to restrict your access to the Platform or part of it. Access to a restricted area of the Platform may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may at our sole and absolute discretion withdraw that permission at any time with or without notice (including when you in breach of any of these terms and conditions).

Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.

1. GRANTING OF LICENSE TO USE OF HWG

       Your permission to use the Platform is personal to you and revocable, limited, non-            exclusive and non-transferable subject to the terms and conditions stated in this           Agreement for the purpose of assessing to the Services (as defined herein) via the Platform.   Commercial use or use on behalf of any third party is prohibited, except as explicitly     permitted by us in advance. Any breach of these terms and conditions stated herein shall result in the immediate revocation of the license granted in this paragraph without notice         to you.

2. REGISTRATION, SUSPEND OR CANCEL OF ACCOUNT

       Some services and associated features offered on the Platform might require registration.            By opting to register for any of these services or features, you shall abide to the following:          –

       REGISTRATION

2.1          To use, gain access or experience the Platform’s full range of features offered and made available, you shall be prompted to complete the registration process in order to establish a user’s account by providing, among others, your corresponding email address, password, or/and other personal information as required by us, whichever is applicable. (“the Registration Information”).

2.2          We reserve the right to seek more personal information or personal details from you for the purpose of the usage of the Platform.

2.3          You acknowledge and understand that you shall provide us with accurate, complete, and updated Registration Information. In the event of any updates of the personal data, you shall take steps to notify us for such update. Failure to do so shall constitute to a breach of the terms and condition of this Agreement, which may result in immediate termination of this Agreement by us at our discretion.

2.4          You understand that all Registration Information including images, pictures, data, text, photographs, graphics, lists, video, messages, or other materials stored or uploaded in Platform by you or by any party authorized by you (“the Authorized Party“) is the exclusive work and property from whom such upload content is originated.

• We do not claim any ownership of any Registration Information you upload. You shall retain copyright and any other rights you already hold in such content which you or the Authorized Party submit, post, upload, or display on or through the Platform. When you or the Authorized Party submit, post, upload, or display content, you shall give a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to archive the content in accordance with or as reasonably contemplated by this Agreement.

• We reserve the right to remove any upload posted by you or Authorized Party without serving a notice to you.

• We reserve the right to refuse registration of or cancel an account at our discretion. You shall be responsible for maintaining the confidentiality of your username and password.

• The account is personal to you and shall not be shared with third parties or transferred to third parties without notifying us and obtain consent from us.

2.9          We may suspend or cancel your access to your account of the Platform immediately at its reasonable discretion, or if you breach any of your obligations under these terms and conditions.   

2.10        We will make reasonable efforts to notify you by the email address provided by you to us of such suspension or cancellation, or to notify you at your next attempt to access your account.

• You may cancel your account at any time by making a withdrawal request in writing at customerservice@hwg.asia so that we can guide you on the cancellation procedure accordingly.

• The suspension or cancellation of your account and your right to use the Platform shall not affect either party’s statutory rights or liabilities nor shall it be deemed or construed as a waiver of our rights to take any action against you for any loss and damages suffered as a result of your breach of these terms and conditions.

3. GENERAL GUIDELINES

3.1       The use of the Platform is subject to our general guidelines: –

• You shall be at least 18 years old;

• You shall comply with all the laws, regulations, rules, policies, and guidelines as well as this Agreement and any further guidelines that may be issued by us from time to time;

• You shall not be libelous, defamatory, indecent, vulgar, or obscene, pornographic, sexually explicit, or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

• You shall not affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Platform;

• You shall not violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;

• You shall not gain unauthorized access to the Platform, other Users’ accounts, names, passwords, personally identifiable information or other computers, websites, or pages, connected or linked to the Platform or to use the Platform in any manner which violates or is inconsistent with any terms and conditions of this Agreement;

• You shall not modify, disrupt, impair, alter, or interfere with the use, features, functions, operation or maintenance of the Platform or the rights or use and enjoyment of the Platform by any other person;

• You shall not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Platform, unless you have obtained the express, prior permission of such other person to do so;

• You shall not post or provide false, inaccurate, misrepresenting, misleading, incomplete, defamatory, or libelous content;

• You shall not take any action that may undermine any ratings system that we may use;

• You shall not transfer your account and Users identification to another party without notifying us and obtain consent from us;

• You shall not copy, modify, or distribute: –

(a)   Content of the Platform or

(b)   Any of our copyright or trademarks;

• You shall not harvest or otherwise collect information about other Users, including telephone number, and email addresses, without our consent;

• Under no circumstances that we will be liable for any errors, fraudulent act, or omissions of Users for damage of any kind incurred as a result of the use of the Platform.

• You must take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

• You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account without further notice and we shall not be held liable under any circumstances in the event you breached any clause in this Agreement.

• We reserve our right to change, improvise or amend our guidelines from time to time.

• In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable: –

3.6.1   Your access to the Platform shall immediately be terminated;

3.6.2   We reserve the right to permanently dispose and delete any data held in          your registered account without further reference to you; and

3.6.3   Any claim which either party may have against the other in respect of any            breach or non-performance or repudiation of any of the provisions of this        Agreement which shall have occurred prior to such termination shall not   be affected or prejudiced.

4. PASSWORD AND SECURITY

• You are responsible for maintaining the security and confidentiality of the log in            access (e.g E-mail, User-ID, PW etc.) upon your registration with our Platform and       are fully responsible for all activities that occur under your password or account.
  
  
• When you register to use the Platform, you will receive email notification to activate your account. In order to prevent fraud, you are responsible for keeping your password strictly confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting customerservice@hwg.asia We shall not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Clause 4.

• If the Company has reason to believe that there is likely to be a breach of security or misuse of the Platform, the Company may require you to change your password or suspend your account.

5. SERVICES

       5.1       We provide an online platform which provide the following features: –

   (a)      Informational and Client Servicing Tool  

The platform features include, but not limited to: –

• general information and educational content related to the Company’s services, financial planning and related topics;
• Access to Users personal portfolio, including the latest updates, breakdowns, and records for the Users reference; and
• links to merchandise, products and/or courses that may be recommended by the Company.

                                    (“the Services”)

For the purpose hereof, you will be granted a limited, non-exclusive, non-transferable license to access and view the Services for which you have paid all required fees (if any), solely for your personal, non-commercial, educational purposes through the Services, in accordance with these terms and conditions and any conditions or restrictions associated with the particular contents or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by our Company or authorized representative. This also applies to contents you can access via any of our APIs (if applicable).

5.2     However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons.

5.3     The general and educational information provided on the Platform is intended for informational purposes only and does not constitute professional financial, legal or investment advice.

5.4     While the Company endeavors to ensure that your portfolio data is accurate and up-to-date, the information provided is for your general reference only. The Company does not warrant the accuracy, completeness or timeliness of the data and shall not be liable for any loss or damage resulting from reliance on such information.

6. INTELLECTUAL PROPERTY RIGHTS

6.1       This Platform includes its text, pictures, videos, look and feel, and content (with the exception of contributed content by Users) contains proprietary and or      confidential information that is protected by applicable intellectual property and        other laws. We and/or our licensors are the sole and absolute owner of these rights,   title, and interest in and to their applicable contributions to this Platform. You may   not print or otherwise make copies of any such content without our express prior permission.

6.2       The Platform, any materials thereof and all contents therein are protected by copyright, trademarks, database rights and other intellectual property rights, as applicable which are the property of the Company and/or its holding company and/or its subsidiaries and/or the subsidiaries of its holding company. As such, they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked, or otherwise used in whole or in part in any manner without the prior written consent of the Company.

6.3       Save and except with the Company’ prior written consent, you may not insert a hyperlink to the Platform or any part thereof on any other website, mobile application or “mirror” or frame the Platform, any part thereof, or any information or materials contained in the Platform on any other server, website, or webpage.

6.4       All trademarks, service marks and logos used in the Platform are the property of the Company and/or the respective third-party proprietors identified on the Platform. No licence or right is granted and your access to the Platform and/or use of the services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks or logos appearing on this Platform without the prior written consent of the Company or the relevant third-party proprietor thereof. Save and except with the Company prior written consent, no such trademark, service mark or logo may be used as a hyperlink or to mark any hyperlink to the Platform or any part thereof.

6.5       You may retrieve and display the contents on a computer screen, mobile phone screen, tablet screen (or equivalent), store such contents in electronic form on disk (but not any server or other storage device connected to a network), download, or print copies of such contents for your own use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy, or distribute or use for commercial purposes any of the contents without written permission from the Company.

7. APPLICABLE LAW AND JURISDICTION

            This Agreement, together with our Privacy Policy and Notices (if any), shall constitute the entire agreement between you and us in relation to your use of the Platform and shall      supersede all previous agreements between you and us in relation to your use of the      Platform. This Agreement shall be governed by and construed in accordance with the laws          of Malaysia and parties irrevocably submit to the jurisdiction of the courts of Malaysia to          hear and determine any dispute or differences out of and/or in connection to this     Agreement.

8. TERMINATION

            In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all     access to and use of the Platform and we shall, in addition to any other legal or equitable         remedies, immediately revoke all password(s) and account identification issued to you          and deny your access to and use of this Platform in whole or in part. Any termination of     this Agreement shall not affect the respective rights and obligations (including without     limitation, payment obligations) of the parties arising before the date of termination. You             furthermore agree that the Platform shall not be liable to you or to any other person as a      result of any such suspension or termination. If you are dissatisfied with the Platform or           with any terms, conditions, rules, policies, guidelines, or practices of the Company in   operating the Platform, your sole and exclusive remedy is to discontinue using the      Platform.

9. DISCLAIMERS AND EXCLUSION OF LIABILITY

          9.1       The Platform and its use are provided by us on an “as is, where is” and “as                 available” basis without warranties of any kind.

          9.2       Whilst the Company endeavour to ensure that information and materials on the                    Platform are correct, no warranty or representation, express or implied, is given             that they are complete, accurate, up to date, fit for a particular purpose, error-free              and, to the extent permitted by law, it does not accept any liability for any errors             or omissions.

          9.3       Whilst the Company endeavour to make the Platform available 24 hours a day, it                      shall not be liable for any reason the Platform is unavailable for any time or for                                any period. The Company makes no warranty that your access to the Platform will              be uninterrupted, timely or error-free, or will be free of viruses, worms and/or                                other harmful or invasive elements. Due to the nature of the Internet, this cannot                               be guaranteed. In addition, the Company may occasionally need to carry out                               repairs, maintenance or introduce new facilities and functions.

9.4       Further, the Company does not guarantee that the Platform will be compatible with all hardware and software which you may use. The Company shall not be liable for damage to, or viruses or other codes that may affect, any computer or phone equipment, software, data, or other property as a result of your access to or use of the Platform.

9.5       Neither the Company nor any of its directors, officers, employees, members, representatives, affiliates, agents, parent(s), subsidiaries, successors and assigns shall be liable for any loss, expense or damages whatsoever nature and howsoever incurred or arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use the Platform (or any part thereof), reliance on the information contained in the Platform, reliance on the Platform and tools provided on the Platform, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise, even if Company has been advised of the possibility of such damages or loss.

9.6       This exclusion clause shall take effect to the fullest extent permitted by law and shall apply even after you cease to access and/or use the Platform.

10. INDEMNITY

       You agree to defend, indemnify, and hold us including our management, employees, subsidiaries, representatives, and affiliates harmless from and against all liabilities,           damages, claims, actions, penalties, costs, and expenses (including legal fees) and all         detrimental consequences, which may be suffered or incurred by us as a result of or in       connection with or arising out of: –

• information you submit, post, transmit or make available through the Platform;
• from your breach of any of these terms and conditions;
• your use of the Platform or the Contents;

any non-compliance with or violation of any prevailing laws and regulations, government’s policies, directives and court verdicts or arbitral awards of any judicial bodies including infringement of any third party’s rights committed by or which involves you and/or your affiliates, employees, or related parties in or after the use of our services or during the access to, use of or browsing on the Platform.

11. THIRD PARTY LINKS

11.1      This Platform may contain hyperlinks to other websites which are not maintained by Company (the “External Websites”). Such hyperlinks are provided solely for the convenience of users. Company is neither responsible for the contents, accuracy, continuity or security of the External Websites, nor for any goods or services offered on the External Websites, and shall not be liable for any injury, damage, expense or loss arising from access to or use of the External Websites. Use of such hyperlinks is entirely at your own risk.

11.2      Links to third party websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising, or other materials made available by such third parties. In addition, Company is not liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such Contents, information, products or services available on or through such linked websites. Company shall also not be considered associated or affiliated with any trade or service marks, logos, insignia or other devices (not owned by, licensed to, or controlled by Company) used or appearing on the External Websites.

11.3      Notwithstanding anything else set out in this Agreement, unless expressly                permitted in writing by Company on a prior basis the following are strictly                      prohibited:

• hyperlinking to, or framing of, the Platform or any of the Contents;
• using any robot, web-crawler, spider, or any other automatic device, or manual process to monitor or copy any pages within the Platform or its Contents;
• using any device, software or routine to interfere or attempt to interfere with the proper working of this Platform; and
• any action that imposes an unreasonable or disproportionately large load on Company

11.4      You’re hyperlinking to, or framing of, any part of the Platform or any of the contents constitutes acceptance of our terms & conditions (as may be amended from time to time). If you do not accept our terms & conditions, you must discontinue hyperlinking to, or framing of, the Platform or any of the contents. For the avoidance of doubt, this Clause 11 shall not be construed as dispensing with or prejudicing the need to seek Company prior written permission for hyperlinking to, or framing of, the Platform or any of the Contents as described in Clause 11.3 above.

       11.5      We shall be entitled to disable any hyperlink to, or frame of, the Platform or any                              of the contents at any time, notwithstanding any prior permission that may have                            been given by us.

11.6      We may amend or change the URL of the Platform at any time including any content or information therein. Under no circumstances is Company obliged to inform, or give prior notice to, parties / persons who have hyperlinked to or framed the website or any of the contents about the amendment or change of the website’s URL, content or information therein.

12. SEVERANCE

If any provision of the terms and conditions is prohibited by law or judged by a court to be unlawful, void, or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions. We will unilaterally decide in its sole discretion a substitute provision, without having to notify or secure any approval of you, which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

13. ACKNOWLEDGEMENT

You agree that you will use or are using the Platform and the services at your own risk. Company does not and will not warrant or represent: –

13.1      that any and all information on its platform, website, marketing material or in any documentation that Company prepared including the contents are accurate, valid, correct, current, reliable, verified, complete, or error-free;

13.2      that the Platform (including any functions associated therewith) or the contents will be uninterrupted or error-free, or that defects will be corrected, or that the Platform or its server is or will be free of viruses, worms and/or other harmful or invasive elements, or that the download, installation or use of any software of the Platform or the contents in or with any computer or device will not affect the functionality or performance of the computer or device;

13.3      that the Platform will be protected against any malicious attack or that data will not be compromised under such attack;

13.4      as to the functionality, operability, accessibility, accuracy, correctness, completeness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, of the Platform and the contents; and

13.5      the success of any outcome, dealings, or transaction on the Platform;

      and therefore, Company will not indemnify you nor provide any forms of compensation       whatsoever, whether expressly or implied, unless, to the extent applicable or expressly     stated otherwise herein, that it is proven by a final and binding court decision that such are attributable to Company gross negligence, fraud or wilful misconduct.

14. NOTICES AND ELECTRONIC COMMUNICATION

You consent to receiving communication from us electronically and you agree to Company use of electronic communication to enter into agreements and communicate with you in accordance with the Electronic Transactions Act. All notices or other communications given to you if communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast.

15. POSSIBLE TECHNICAL PROBLEM

15.1      You acknowledge and consent that we may block, suspend, delete or cancel an Users account if our computer system is damaged or interfered with any uncontrollable factors including but not limited to computer virus, corrupted data and malfunctions and reserve the right to repost or republish the advertisement after such technical problem is rectified.

      15.2      We shall not be liable or responsible for any loss, damage (whether special or                           consequential), embarrassment, goodwill expenses or loss of profit incurred or                           suffered by the User pursuant to any failure, delays in transmission, interruption,                   errors, omission or breakdown.

16. MISCELLANEOUS

            16.1      You may not transfer any of your rights under this Agreement to any other person.               Company may transfer its rights under this Agreement to another business where                      it reasonably believe your rights will not be affected.

16.2      If you breach these terms and conditions, no failure or delay by Company to exercise any right or remedy provided under this Agreement shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

            16.3      Any notice, request or demand required or permitted under this Agreement shall                     be sent by electronic means, and the Users shall be deemed to have received within                    twenty-four (24) hours after the time of sending the notice or request.

            16.4      Time is of essence for each and every provision of this Agreement.

16.5      We shall reserve our rights to amend, update and revise the terms and conditions stated herein from time to time at our absolute discretion. We may change any or all aspect of services provided by the Platform at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible to monitor any such modifications from time to time. 

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