Terms of Service

Effective Date: 26th September 2024

 

Please read the following Terms of Service Agreement carefully.  This is a contract between You (The User) and Us (SIYUAN).  By accessing or using our sites and services, you hereby agree to be bound by the terms of all terms incorporated herein by reference.  It is the responsibility of You, The User, Customer or Prospective Customer to read the terms and conditions proceeding to use this site.

 

Acceptance of Terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact with SIYUAN and our subsidiaries and affiliates, in association with the user of the SIYUAN.com.my website, which includes SIYUAN.com.my and its forums, blogs, (the “Website”) and its Services, which shall be define below.

 

Our Intellectual Property Rights

The Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Website is the property of SIYUAN or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights.  Except as expressly authorized by SIYUAN in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Website for any purpose or “frame” or “mirror” the Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to SIYUAN and/or its licensors.

 

Description of Services Offered

All visitor to our website, shall be deemed as “Users” of the Services provided for this TOS.  Only once the individual has purchased our Pre-Need Funeral Service Package shall be deemed as “Purchasers”.

SIYUAN does hereby reserve the right to update, cancel and cease offering any of the Services and/or packages published on the website.  These changes will not affect the packages/services purchased prior to the above changes.

 

 

Pre-Need Funeral Service Package Agreement

Below terms of agreement only applicable to “Purchasers”, who has purchased “Pre-Need Funeral Service Package” from SIYUAN.

  1. Agreement
    • The following documents shall form part of this Agreement :-
      1. the Purchase Order;
      2. the particulars and details of Siyuan Funeral Service Package purchased (“Package”); and
      3. ny other documents expressly referenced in the Purchase Order.

 

  • In the event that any of the terms and conditions herein contained being in conflict with any of the terms and conditions of the other documents, the terms and conditions herein contained shall prevail.

 

  1. Terms of Payment
    • In consideration of the full settlement of Purchase Price by you as stipulated in the Purchase Order, we hereby agree to provide the goods and services included in the Package to the Purchaser upon his death or if the Purchaser has herein nominated another person to receive the benefit of Package, then to his nominee upon his death subject to the terms and conditions contained herein.
    • Notwithstanding other provisions in this Agreement, the full Purchase Price shall become immediately due and payable upon the notification from the Purchaser and/or nominee to use the Package for the benefit of the demise of the Purchaser or his nominee, as the case may be.
    • Unless the Purchase Price of the Package has been paid in full, we shall be under no obligation to provide any goods and services included in the Package.
    • The date of full settlement of Purchase Price shall hereinafter be referred to as “Full Payment Date”.

 

  1. Delivery of Goods and Services of Package
    • The goods and services included in the Package are as detailed in the attached Siyuan Funeral Service Package.
    • We shall deliver the goods and services included in the Package to the Purchaser or his nominee upon receipt of notification of his death PROVIDED THAT the Purchase Price shall have been settled in full and that the original Certificate of Purchase have been submitted to us evidencing full payment.
    • The Purchaser shall have no right to make any changes to the goods and/or services included in the Package and if any goods and/or services included in the Package are not used due to any reason not attributable to us, then no refund of the price for the unused goods and/or services shall be allowed. Any changes and/or variation however is subject to our approval at our absolute discretion.
    • In the event that the place of funeral service of the Purchaser or his nominee is to be rendered outside the area of Klang Valley of Peninsular Malaysia, we reserve the right to impose additional charges for the funeral service held beyond this area.
    • All our obligations under this Agreement shall be discharged immediately upon the delivery of goods and services included in the Package to the Purchaser or his nominee (hereinafter called “Completion Date”).

 

  1. Certificate of Purchase
    • When the Purchase Price has been settled in full, we shall provide the Purchaser or his nominee with an original Certificate of Purchase evidencing full payment which shall be submitted to us when he exercises his right to use the Package.
    • The Purchaser shall report to us if the Certificate of Purchase is lost, destroyed or misplaced and apply for a duplicate certificate from us subject to the payment of an administrative fee.

 

  1. Transfer or Assignment of Benefit of Package
    • The Purchaser can transfer or assign the rights and benefits of the Package to another person and shall make payment of a sum of Ringgit Malaysia Three Hundred (RM300.00) being the transfer or assignment fee provided that at the time of transfer or assignment, any goods and/or services included in the Package has not been delivered and/or performed.

 

  1. Termination and Consequences of Termination
    • In the event the Purchaser unilaterally terminates this Agreement, the Purchaser shall give one (1) month termination notice in writing to us and we shall be entitled to forfeit a sum equivalent to thirty per centum (30%) of the Purchase Price as agreed liquidated damages (hereinafter called “Agreed Liquidated Damages”) and the consequence in Clause 6.2 shall apply.
    • Upon termination of this Agreement, we shall repay to the Purchaser the balance monies paid by the Purchaser pursuant to this Agreement after deducting and/or offset the following sums from the Purchase Price:
  2. the Agreed Liquidated Damages; and
  3. any monies due to us

whereupon this Agreement shall be deemed to be terminated and of no further effect and we shall have no further obligations to provide and deliver the Package set out in this Agreement.

 

  1. Force Majeure
    • If by reason of the Act of God, war, terrorism, riots, civil commotions, strikes, fire, flood, adverse weather, traffic congestion, motor vehicle breakdown, pandemic, epidemic, lockouts, prohibition or any government order, or any circumstances outside our reasonable control (hereinafter called “Events of Force Majeure”), we shall be rendered unable wholly to perform or deliver the Package, then the Purchaser shall be entitled to cancel this Agreement by giving us a notice of cancellation in writing and we shall refund the full Purchase Price to the Purchaser.
    • We shall however not be liable for any delay in the delivery of any goods or services of Package or any failure to perform the Package in part thereof due to any Events of Force Majeure, such a delay or failure in part shall not constitute a breach of Agreement on our part, and the Purchaser shall not be entitled to claim for any loss or damage howsoever arising, nor a right to terminate this Agreement.

 

  1. Notice
    • All notices required to be given shall be in writing and shall be sufficiently deemed served to the Purchaser if sent by registered post to the Purchaser at the address stated in the Purchase Order. The Purchaser shall notify us in writing of any change of his address.

 

  1. General
    • This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.
    • This Agreement shall be binding on the respective successors and assigns of the Parties hereto.
    • This Agreement shall only be amended by a written agreement signed by all Parties.
    • This Agreement (including any documents referred to herein) supersedes all prior representations, arrangement, understandings and agreements between the Parties (whether written or oral) and shall constitute the entire agreement and understanding between the Parties relating to the subject matter hereof.
    • If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect.
    • The headings of this Agreement are for ease of reference and shall not affect the interpretation of any provision of this Agreement.