HLA Terms and Conditions (Koha Digital)

Acceptance of Terms and Conditions

By using Koha platform as a Legacy Planner to sell Will(s) to clients, you acknowledge and agree to abide by these Terms and Conditions. These terms constitute a legally binding agreement between you (the Legacy Planner) and Koha platform.

These Terms and Conditions are incorporated by reference into the Legacy Planner Agreement signed by the Legacy Planner. In the event of any conflict between these Terms and the signed Agreement, the provision that provides the greater protection to Koha shall prevail.

Registration and Account Information

a. To use Koha platform as a Legacy Planner, you must provide accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

b. You agree to promptly update any changes to your account information to ensure its accuracy.

Legacy Planner Responsibilities

a. As a Legacy Planner on Koha platform, you are responsible for providing accurate, reliable, and ethical advice regarding Will creation to clients.

b. You agree to maintain the highest professional standards, including but not limited to integrity, confidentiality, and adherence to applicable laws and regulations.

c. Legacy Planners must not engage in any fraudulent, deceptive, or misleading practices and shall not provide legal advice unless qualified and authorized to do so.

Use of Koha Platform

a. Koha platform provides a technology-enabled marketplace Legacy Planners to connect with clients seeking Will creation services. The platform facilitates will-writing, communication, scheduling, and payment processing.

b. Legacy Planners agree to use Koha platform only for its intended purpose and in accordance with applicable laws and regulations.

Payments

a. Koha platform may facilitate the collection and distribution of payments between clients, Legacy Planners, and if applicable, leaders of Legacy Planners.

Intellectual Property Rights

a. Legacy Planners retain their respective intellectual property rights related to their services, content, and materials provided on Koha platform.

b. By using Koha platform, Legacy Planners grant the platform a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute their content solely for the purpose of operating the platform.

Limitation of Liability

a. Koha platform and its operators shall not be held liable for any damages, losses, or liabilities arising out of or in connection with the services provided by Legacy Planners.

b. Legacy Planners shall indemnify and hold Koha platform harmless against any claims, demands, or actions brought by clients or third parties arising from their services.

Termination

a. Koha platform reserves the right to terminate or suspend your account, at its discretion, for any violation of these Terms and Conditions or for any other reason deemed necessary.

b. Legacy Planners may terminate their participation on the platform by providing written notice to Koha platform.

Amendments

a. Koha platform may modify these Terms and Conditions at any time. Any changes will be communicated to Legacy Planners via email or by posting the revised terms on the platform.

b. Continued use of Koha platform after such modifications will constitute acceptance of the revised

Governance and Compliance

a. Legacy Planners agree to uphold the highest standards of governance, professionalism, integrity, accountability, and ethical conduct in all dealings conducted through Koha platform.

b. Legacy Planners shall comply with all applicable laws, regulations, guidelines, and industry standards including but not limited to the Personal Data Protection Act 2010 (PDPA), consumer protection laws, anti-money laundering requirements, and where applicable, relevant Bar Council rules, regulations, and professional conduct requirements.

c. Legacy Planners shall always act in the best interests of clients and ensure that all information, explanations, recommendations, and services provided are accurate, fair, transparent, suitable, and not misleading.

Prohibited Conduct

a. Legacy Planners shall not engage in any unethical, improper, deceptive, misleading, or fraudulent conduct when dealing with clients or third parties.

b. Legacy Planners are strictly prohibited from engaging in the following conduct:-

i. Touting or improper solicitation of clients;

ii. Mis-selling of services or products unsuitable to clients’ needs or circumstances;

iii. Misrepresentation of any service, document, legal effect, fees, risks, or benefits;

iv. Twisting, including inducing clients to replace or alter existing arrangements through misleading or incomplete information;

v. Churning or excessive recommendation of services without genuine benefit to the client;

vi. Providing unauthorized legal advice unless duly qualified and authorized under applicable laws and regulations; and

vii. Making false, inaccurate, deceptive, or misleading statements or guarantees.

c. Any engagement in the ALL the prohibited conducts listed above, specifically in relation to misrepresentation, twisting, or churning or anything that resembles those manners, shall be deemed a material breach of these Terms and Conditions. In the event of such a breach, Koha reserves the right to immediately terminate the Legacy Planner’s account without prior notice. Furthermore, the Legacy Planner shall be strictly liable for a clawback of all Commission Fees paid or accrued from transactions associated with the misconduct, and Koha may set off such amounts against any future payments due to the Legacy Planner.

Conflict of Interest

a. Legacy Planners shall avoid any conflict of interest that may impair their professional judgment or obligations owed to clients.

b. Legacy Planners shall disclose any actual or potential conflict of interest to Koha platform and the relevant client where applicable.

Monitoring and Enforcement

a. Koha platform reserves the right to conduct compliance reviews, investigations, monitoring, or audits relating to Legacy Planner activities on the platform.

b. Any breach of these Terms and Conditions, applicable laws, ethical obligations, or professional standards may result in suspension, restriction, or termination of the Legacy Planner’s account, without prejudice to any legal remedies available to Koha platform.

c. Koha’s right to audit includes, but is not limited to, the review of the Legacy Planner’s client communication logs, marketing materials, and transaction history related to Koha Services. The Legacy Planner agrees to provide full cooperation and access to such records upon request to facilitate investigations into suspected misrepresentation, twisting, or churning. Failure to provide such access within the timeframe requested shall be deemed a breach of these Terms

Intellectual Property, Branding, and Authorised Use

a. Authorised Legacy Planners with a valid and active account on the Koha Platform are permitted to use Koha's name, logo, trademarks, branding materials, marketing materials, official receipts, forms, templates and other intellectual property solely for the purpose of carrying out authorised business activities on behalf of Koha and in accordance with these Terms and Conditions.

b. Such use shall be limited to activities that are lawful and directly related to Koha's approved business operations, including activities undertaken in accordance with the applicable laws, regulations, guidelines and requirements of Bank Negara Malaysia, the Companies Commission of Malaysia (SSM), the Securities Commission Malaysia and any other relevant regulatory authority.

c. The Legacy Planner shall not use Koha's name, logo, branding, receipts, documents or intellectual property for any unlawful purpose, personal business, any business or commercial activity that is not authorised by KOHA, unauthorised events, misleading representation, mis-selling, touting, fraudulent activity, or any activity unrelated to Koha's authorised business operations.

d. The Legacy Planner shall not represent themselves as having authority to bind, commit, endorse, approve or act on behalf of Koha beyond the authority expressly granted by Koha in writing.

e. Any unauthorised, misleading, unlawful or improper use of Koha's intellectual property, branding, official receipts or business identity, or any conduct likely to damage Koha's reputation, goodwill, regulatory standing or business interests, shall constitute a material breach of these Terms and may result in immediate suspension or termination of the Legacy Planner's appointment, without prejudice to Koha's right to pursue legal remedies and recover any losses suffered.

f. Legacy Planners are strictly prohibited from:-

i. Issuing unauthorized or falsified Koha receipts or payment confirmations;

ii. Using Koha logos or branding in any manner that may mislead clients or third parties into believing unauthorized services, representations, or arrangements are endorsed by Koha platform;

iii. Modifying or altering Koha-generated documents, receipts, or official communications without authorization; and

iv. Using Koha’s name, logo, or branding for personal marketing or external business activities without prior written consent.

These Terms and Conditions govern the relationship between Legacy Planners and Koha platform. By using the platform, you agree to comply with these terms and any additional guidelines or policies provided by Koha platform.

Upon clicking "Submit", you hereby acknowledge and consent to abide by the Terms and Conditions together with Koha Legacy Planner's PDPA Policy, affirming the absolute accuracy and veracity of all information provided. Any subsequent discovery of falsified or inaccurate details may result in legal consequences.

The Legacy Planner shall be personally and legally liable for any damages, including but not limited to loss of reputation, legal costs, or loss of goodwill, suffered by Koha or Koha Digital arising from the unauthorized, fraudulent, or misleading use of Koha’s name, logo, or platform-generated documents. Using Koha’s branding to endorse unauthorized third-party arrangements or services not hosted on the Koha Platform is strictly prohibited and constitutes a ground for immediate legal action.