ShakeUp! ("the Website") is provided by Shakeup Online Sdn Bhd ("ShakeUp"), company number 1218442-K, whose business office address is at B-3-8, Block B, Pacific Place Commercial Centre, Jalan PJU 1A/4, Ara Damansara, 47301 Petaling Jaya, Selangor, Malaysia.
Set out here are the terms and conditions ("Conditions") that govern your use of the Website, and the services provided or offered to users of the Website ("Services"). Our policy relating to the capture and use of personal data as detailed on the Website forms a part of these Conditions. It is important that you read and understand these Conditions before you start to use the Website. You can print and keep a copy for your reference.
Reference to "our", "us", and "we" on the Website is a reference to ShakeUp.
Reference to a "Service Provider" is a reference to an organisation providing a Member Service or User Service.
By using the Website, you indicate that you accept these Conditions and that you agree to abide by them. If you do not agree to these Conditions, please refrain from using the Website.
These Conditions (and all communications) are in English and governed by, and will be construed in accordance with, Malaysian Law, and the Malaysian courts shall have jurisdiction in any legal proceedings. We retain the right to bring proceedings against you for breach of the Conditions in your country of residence or any other relevant country.
2. Using the website
The content of the Website is provided for information only, and does not constitute advice or a recommendation to you that the products and services advertised on the Website are suitable for you in your personal and/or business circumstances.
Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Website.
Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description. You acknowledge that you are responsible for making back-up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for your use of that website.
You may not establish a link to the Website from any other website without our prior written consent.
We reserve the right to withdraw or amend the services we provide on the Website without notice. From time to time, we may restrict access to some parts, or all, of the Website.
We aim to update the Website regularly and may change the content at any time. We do not guarantee that any of the material on the Website will be up to date at any given time.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
When using the Website, you must comply with the provisions of our acceptable use policy as follows:
- • You may use the Website only for lawful purposes.
• You may not use the Website:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of the Website.
• Not to access without authority, interfere with, damage or disrupt:
- • Any part of the Website.
- • Any equipment or network on which the Website is stored.
- • Any software used in the provision of the Website.
- • Any equipment or network or software owned or used by any third party.
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Failure to comply with this acceptable use policy constitutes a material breach of the Conditions, and may result in our taking all, or any, of the following actions:
• Suspension or termination of your access to the Member Services (as applicable).
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
3. Website Access facility
We have a facility that enables us to access your account, or any Documents (as defined below) you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to act on a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the Conditions. By accepting the Conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective. For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements, or to make any payments, on your behalf.
4. The Law Guide and Guidance Notes
The information contained in the Law Guide and Guidance Notes is for guidance and information only and is not to be construed as advice.
Although every effort is made to ensure that the Law Guide and Guidance Notes are accurate and reflect the law at the time of use, they may or may not reflect current events or changes in the law. Before you act or rely on the Law Guide and Guidance Notes, you should take advice. We disclaim all liability for actions taken or not taken based on the Law Guide and Guidance Notes.
5. The Services
• The Website offers business subscription service (“Member Service”) and pay-as-you-go service (“User Service”).
• The Member Services are available to Members only.
• The User Service is available to non-Members that have registered with us, and to Members whose subscription does not cover certain individual services.
You may not have access to all of these services. Therefore, reference in the Conditions to the provision to you of these services is only to the service or services to which you do have access.
6. Subscribing for Member Service
The Member Service is a business subscription service. Membership is available on a 12-month subscription-basis. The Member Service is available to companies, firms and sole traders that are operating in Peninsular Malaysia.
The subscription fee ("Fee") is payable in advance. The current Fee is detailed on the "Buy Now" page of the Website and is subject to variation. In subscribing to the Member Service, you agree to pay the Fee at the rate applicable from time to time. There will be no refund of Fee for any unutilised period or services if your subscription is terminated for any reason whatsoever.
The Fee may be paid by credit card, debit card or direct debit. In providing us with card details, you warrant to us that you are an authorised user of the relevant card. By submitting bank account details, you warrant to us that you are an authorised signatory of that account.
Only when you have paid the Fee will you become a "Member" and receive a username and password to access the Member Services, including the Members' section of the Website ("Members' Area").
Once you are a Member, you will be entitled to receive a welcome pack containing details of the Member Services, access the Members' Area of the Website, and be able to use the Member Services. The Member Services are for use only by you in connection with your business. You shall not use the Member Services for any other purpose. You shall not permit any party other than you to have access to the Members' Area. You shall not sell, license or otherwise commercially exploit any of the Member Services. If you breach this term, we can, without notice, revoke your username or password and refuse access to all or any part of the Website.
Membership will expire 12 months from the date of subscription. Please take note of your subscription end date, as you will not be able to access your account and your Documents once your subscription expires. Before the subscription end date, you will receive several email notifications of the upcoming expiry. You may choose to renew your subscription by way of auto-renewal or self-renewal (see further below). Your membership will be renewed for a further 12 months.
The option to have your subscription automatically renewed each year is available to you, if you chose to pay via credit card when you first subscribe with us. Your credit card details will be retained for deduction of the new subscription Fees at the time of each auto-renewal. Your subscription will be renewed for a further 12 months every time, provided that the Fees for your new subscription can be successfully deducted. Your subscription will not be automatically renewed, if deduction is unsuccessful. Auto-renewal will take place each year until you choose to terminate your subscription.
Auto-renewal is not available if you choose to pay by way of debit card or online banking.
If you had paid via online banking or debit card when you first subscribed with us, you will have to pay the new subscription Fees on or before your current subscription end date, to continue your subscription when it expires. Your membership will be renewed for a further 12 months.
IMPORTANT NOTICE: PLEASE NOTE THAT THE FEE FOR YOUR RENEWED SUBSCRIPTION MAY NOT BE THE SAME AS WHEN YOU FIRST SUBSCRIBED WITH US. PLEASE REFER ALWAYS TO WWW.SHAKEUP.ONLINE FOR THE APPLICABLE FEE. YOUR RENEWED SUBSCRIPTION WILL ALSO BE SUBJECT TO THE CONDITIONS APPLICABLE AT THE TIME OF YOUR RENEWAL. PLEASE ALWAYS CHECK BACK HERE FOR THE APPLICABLE CONDITIONS.
We reserve the right not to accept an application for membership for any reason and without giving any explanation.
7. Registering for User Service
If you are an individual you must be aged 18 years or over to use the User Service.
In order to have access to the User Services and the My Documents area of the Website, you must register with us. You warrant that you are an individual aged 18 years or over, if you register for the User Services.
The User Services accessible from the My Documents area are for your personal non-commercial use only. You shall not use the User Services to create Documents on behalf of other people (except in the case of individuals on behalf of a partner, spouse or civil partner in respect of 'paired' or Mutual/Mirror Wills) or for commercial purposes. You shall not permit any other party to have access to the User Services or My Documents area or to use the User Services. If you breach this term we can, without notice, revoke your username and password and refuse access to the My Documents area.
8. Member and User Services
Document Preparation Service
The online document preparation service ("Document Preparation Service") is provided by us. It does not provide legal advice or represent a legal service. It is designed to collect relevant information and data to assist you in the preparation of a legal document ("Document") from a document template (“Template”).
The Document Preparation Service uses a document assembly and drafting system ("System").
Only when you have purchased a Document or a valid subscription will you be able to draft a Document for printing or for legal review.
When using the Document Preparation Service you will be asked a series of questions; the answers you give will dictate the content of the Document produced by the System from the document template. You alone are responsible for ensuring the answers and any information that you give are correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely on you providing the correct information.
You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it.
We will not be responsible for your use of any Document that you have created via the Document Preparation Service. All Documents should be used in conjunction with proper advice as to their suitability for your particular requirements and circumstances.
We disclaim all liability for actions taken or not taken based on a Document. It is your responsibility to ensure that any Document is properly executed.
The Templates available on the Website from which Documents can be created by you using the System have been prepared to produce Documents that comply with the jurisdiction of Peninsular Malaysia only, as is clearly indicated on every Template.
If any person or entity that is to sign a Document is outside the Peninsular Malaysia jurisdiction, it is your responsibility to ensure that the Document is properly executed in accordance with the requirements of that jurisdiction where those requirements prevail.
Documents are prepared in accordance with the law of Malaysia. You should not use them in any other jurisdiction, or if the property the Document deals with is outside the Peninsular Malaysia jurisdiction.
We recommend that before reusing a Document you check the Website to ensure that you have the latest version of the template from which it was created. If we have replaced that template with a revised version, we recommend that you recreate the Document from the latest version of the template.
Documents that you have completed online using the trial package (“Trial Documents”) will be stored online until expiry date of the trial package. Other Documents completed online will be stored online for a minimum period of seven years. After these periods you may not be able to obtain online access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any Documents that are capable of being recovered. If you have not logged in to the Website for a period of 12 months or more, then we reserve the right to store your Documents offline and levy a reasonable recovery charge for you to access them again.
We will not have any responsibility or liability for:
Where the Document is a Will, a trust or a power of attorney
• Verifying your authority or capacity to create a Document, or your answers or any information given by you when, using the Document Preparation Service.
• Proofreading data you have input for typographical errors.
• Verifying the suitability of any Document for your particular requirements and circumstances.
• Any alterations made by you or on your behalf to a Document after it has been released to you.
• If applicable, the Terms of Engagement (defined below) between you and the Legal Service Provider (defined below).
• Supervising or checking the due and proper execution of any Document.
• Any use of a Document or execution of a Document by a person or entity outside of the Peninsular Malaysia jurisdiction.
• Any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances.
• Undertaking any future review of any Document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document.
We have no responsibility to supervise the execution of any will or to ensure the correct execution of the will. You will be provided with instructions on how to sign the will in accordance with the laws of Peninsular Malaysia jurisdiction.
With respect to a will, we have no responsibility and will accept no liability for verifying:
- • The identity of the testator
- • That the testator is over 18 years of age
- • The testamentary and/or mental capacity of the testator
- • Whether the testator or any other person was subject to any undue influence when using the Document Preparation Service
- • Whether the testator knew, understood and approved the contents of their Will
- • Whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against the estate
With respect to a power of attorney, we have no responsibility and will accept no liability for verifying the capacity of the donor or whether the donor was subject to any undue influence in the creation of the power of attorney.
We do not assume any responsibility or liability for failing to provide advice on the terms of any will or trust prepared using the Document Preparation Service should future taxation changes or any other changes in the law render their terms inappropriate. The responsibility for future reviews of the terms of your will or trust rests with you.
A document bundle consists of access to a range of Templates that may be created using the Document
Preparation Service. The details of what is included in the bundle will be outlined on the Website.
Document Review Service
The Document Review Service is available to Members only and is provided by qualified legal practitioners ("Legal Service Provider") under a limited engagement only and subject to the Legal Service Provider’s terms of engagement ("Terms of Engagement"). Please refer to those Terms of Engagement for the conditions relating to the Document Review Service. We are not responsible for and are not liable for your use of the Document Review Service.
The Legal Helpline
The Legal Helpline is available to Members only and is provided by the Legal Service Provider under a limited engagement only and subject to the Legal Service Provider’s Terms of Engagement. Please refer to those Terms of Engagement for the conditions relating to the Legal Helpline. We are not responsible for and are not liable for your use of the Legal Helpline.
9. Solicitor/Client Relationship
No solicitor/client relationship is established between you and ShakeUp by your use of the Website. Sending or receiving information through the Website does not establish a solicitor/client relationship between you and ShakeUp.
10. Right to Cancel
The Website offers a free trial. After the subscription has commenced and payment transacted, you have the right to cancel any service that you have purchased on the Website anytime without giving any reason. However, the Fee will not be refundable and membership is not transferable.
The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
- 1. any breach of the Conditions;
- 2. any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Conditions, the Website or the Member Services.
Except as expressly and specifically provided in the Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Conditions.
Nothing in the Conditions shall exclude or limit:
- 1. liability arising from death or injury to persons caused by negligence;
- 2. liability arising as a result of fraud or gross negligence to which no limit applies.
We shall not be liable for:
- 1. any loss resulting from the provision of any of the Member Services by other Service Providers
- 2. any loss for which liability is disclaimed elsewhere in the Conditions; or
- 3. loss of profits; or
- 4. loss of business; or
- 5. depletion of goodwill or similar losses; or
- 6. loss of anticipated savings; or
- 7. loss of goods; or
- 8. loss of use; or
- 9. loss or corruption of data or information; or
- 10. any special, indirect, consequential, special, punitive or incidental damages, loss of profits or pure economic loss, costs, damages, charges or expenses.
If we are held liable to you for any loss or damage, such liability shall in all cases be limited to the payment of an amount not exceeding the annual subscription amount, including costs and expenses in respect of any one claim. For the avoidance of doubt, a claim shall be defined as a claim or a series of claims (whether by one or more claimant) arising from, or in connection with, or attributable to, any one act, error, omission or originating cause or source or the dishonesty of any person or group of persons acting together, and any such series of claims shall be deemed to be one claim for all purposes under this clause.
12. Intellectual property
Unless otherwise indicated, all rights in the design, text, graphics and other content and materials on this website are the copyright of Epoq Group Ltd (“EGL”) or Epoq Legal Ltd (“ELL”) or ShakeUp.
You may only download the content of this website for your personal use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or paly in public, adapt or change in any way the content of this website for any other purpose whatsoever without ShakeUp’s prior written permission.
"RAPIDOCS" and "SHAKEUP!" and their respective logos are either registered trademarks or other trademarks of EGL or ZICO IP Inc.
The copyright in the Rapidocs software featured on this Website and other software reproduced in and on this Website belongs to EGL. You may not use (other than as is expressly or impliedly licensed), resell, reverse engineer, decompile or otherwise modify such software.
We are committed to providing quality services and products. However, in the event that you have a complaint in relation to services or products available from the Website, please send an email to email@example.com. We will send acknowledgement via email within 36 hours. We will investigate the complaint in an equitable, objective and timely manner by notifying you within 7 working days. If the complaint requires complex investigation, we will notify you of the extended time frame.
14. Other conditions
We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control or Acts of God, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, flood, or power failure.
If any part of the Conditions (or of any notice on the Website) is found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original part and the remainder of the provisions shall continue in full force and effect.
We reserve the right to change these Conditions under which the Website or any Member or User Service is offered. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
No forbearance or delay by us in enforcing any of the Conditions will prejudice the rights, powers or remedies available to us and such rights, powers or remedies will be cumulative.
We shall be able to assign the benefit of all or part of the Conditions.
Headings in these Conditions are for convenience only and shall not affect their interpretation. Your acceptance of the Conditions signifies your consent and agreement to them.