A. ONLINE ORDER/PURCHASE

1. The Purchaser may select to purchase one or more of Nirvana’s comprehensive funeral service packages (“Selected FSP”) and such purchase will only be effective from the date the Company accepts the Purchaser’s Order with the Purchaser’s down payment of [20% of the Price of the Selected FSP] (“Down Payment”).

2. If the purchase of the Selected FSP is made pursuant to the purchase of any other Products and Services specifically offered by Nirvana (“Special Product”), then the acceptance of the Order is conditional upon the Purchaser fulfilling all obligations in the contract of purchase of the Special Product. 

3. All the Selected FSP offered for on line sales by the Company through this Site are sold subject to these Terms and Conditions and the Terms of Use of this Site, all of the Terms of Use are made a part of these Terms and Conditions by this reference. By submitting your Order for processing by the Company, you hereby agree to purchase the Selected FSP with the specifications prescribed in the descriptions of the Products/Services displayed on the Site and confirm and affirm that you have read, understood and agree to these Terms and Conditions in the form in which they appear at the time your Order is submitted for processing.  

4.The Purchaser shall agree to complete the Order according to Nirvana’s requirements as stated on this Site. The Purchaser shall provide the Company with complete and updated information which shall include (but shall not be limited to) the Purchaser’s legal name, NRIC no., address, telephone and e-mail address. If the Purchaser provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), the Company has the absolute right to reject or refuse the Purchaser’s Order under this Site.  

5. The purchase of the Selected FSP is open to residents aged 18 and above in Malaysia. The Company has the absolute discretion to refuse the Order of a potential Purchaser and need not give any reason whatsoever. 

6. The Purchaser will receive an acknowledgement email by the Company in respect of the Order. For clarification, such acknowledgement email does not guarantee acceptance by the Company of the Order. Also, the inclusion of any Products or Services on this Site at a particular time does not guarantee that the Products or Services will be available at all time.  

7. The Company shall make every effort to fulfill Order placed by Purchasers, but the Company and Nirvana shall not be liable to any person if the Company shall decline to fulfill an Order for whatsoever reason, or if the Company is unable to fulfill all or part of an Order because of an unforeseen change of circumstances (as the case may be), Force Majeure or because the Selected FSP or any of its items may be unavailable.

8. All pictures and images of the Products and/or Services displayed on this Site are for illustration purposes only and we take no responsibility on its accuracies. However, we take all reasonable care to ensure that all descriptions, details and prices of the Products/Services appearing on the Site are correct at the time when the information was inputted onto the system, the information appearing on this Site at any time may not reflect the exact position at the moment you place an Order.

9. The Company shall use its best efforts to ensure that a duly accepted Order is correctly registered into your Account. Should there be any discrepancy, please notify us either by e-mail at ___________________________ or call the Company’s hotline at __________________ by the next working day.

 

B. EXERCISE/UTILIZATION OF SELECTED FSP

1. The Selected FSP shall be exercised strictly in [Peninsular Malaysia] where the location of the funeral service must be within the radius of 35km (“Territory“) either from the Company or its associate company’s funeral service center. The Company or its associate company reserves the rights to impose additional charges for any funeral service held beyond the Territory.

2. Notwithstanding anything to the contrary contained therein these Terms and Conditions, the Purchaser shall only be permitted to exercise and utilize the Selected FSP after thirty (30) days from the date the Company confirms its acceptance of the Order provided always that the Price (as defined herein below) of the Selected FSP has been paid and settled in full. For the avoidance of doubt, the balance of the Price (if any) shall become immediately due and payable upon the Selected FSP being called upon for utilisation by the Purchaser. 

3. Unless an intended user is nominated therein the Order, the Purchaser shall be deemed the person for whom the Selected FSP is purchased and made available. 

4. The Purchaser is at liberty prior to the exercise of his rights in the Selected FSP to nominate an intended user and may from time to time nominate another in substitution. Each new nomination of intended user shall be in the prescribed form and shall be completed and submitted by the Purchaser to the Company and such nomination form shall only be conclusive and binding on the Company upon due acknowledgement of receipt by the Company. 

5. The Company shall ensure delivery and provision of the Selected FSP upon report of the demise of the intended user and provided that the Price of the Selected FSP has been paid and settled in full. A copy of the death certificate shall be conclusive proof of death.

6. In the event that any items comprised in the Selected FSP are not suitable for the Purchaser or the intended user by reason of his culture, belief or conscience or due to any peculiarity of which the Company has no written notice in whatsoever manner or any of the goods is not acceptable to the Purchaser or the intended user or any of the Services is incapable of performance due to any fault not contributed by the Company, no refund on the whole or any part of the price herein shall be allowed and neither is the Purchaser entitled to repudiate the Order.

7. Upon full payment of the Price, the Purchaser shall be at liberty at any time to transfer his/her rights to the Selected FSP subject to the Purchaser returning the original certificate of purchase of the Selected FSP (“Certificate”) and paying a transfer fee at 2% of the prevailing sale price or Ringgit Malaysia Three Hundred (RM300.00), whichever is higher provided that the selected FSP has not been exercised at the time of transfer.  

 

C. PRICE AND PAYMENT

1. The total purchase price (“Price”) for the Selected FSP is exclusive of other additional charges, duties, fees, levies or any such other tax (collectively “Tax“) which may be imposed from time to time by the government or any statutory authority in Malaysia at any time and from time to time after the Order. Notwithstanding any provisions stipulated herein, the Purchaser, unequivocally agrees and accepts that, in addition to the Price, the Purchaser, shall pay the Tax at the rate imposed by the government or any statutory authority in Malaysia when notified to do so. 

2. The Purchaser shall pay the Down Payment either via credit card, debit card, FPX or cash upon placing the Order under this Site and the Purchaser shall be allowed to pay the balance of the Price via an interest free payment plan or easy payment plan and the Company’s right to such amounts under the payment plans will crystallize only on the specified agreed payment dates. In the event of default of payment of any of the monthly instalments after a period of thirty (30) days from the agreed payment date, this Order shall be deemed terminated forthwith and all monies paid to account of the Price shall be forfeited absolutely. The Company shall not be liable for any fraud, deception, negligence of the Bank concerned and etc relating to the payment transactions.  

3. If payment for an Order has already been made but the Order is rejected by the Company or cancelled before the Company processing the Order, the Purchaser will be entitled for the refund of the money paid but the receipt of the refund will depend on the period of time the Purchaser’s financial institution takes to finalise the refund. The Company shall not be liable in respect to any loss, damage, cost or expense howsoever arising that the Purchaser or any related person may incur as a result of any delay in their financial institution processing the said refund. 

4. The Certificate will be issued to the Purchaser within 45 days upon full payment of the Price. The Purchaser shall report to the Company if the Certificate is lost, destroyed or misplaced before a duplicate certificate can be issued and subject to the payment of an administration fee. Such Certificate shall be submitted to the Company when the Selected FSP is called upon and utilized. 

5. The Selected FSP or any of the items comprised in the Selected FSP is not returnable and cannot be exchanged for cash for whatsoever reason. Unless specifically provided herein, the Price paid or any part thereof is not refundable. 

 

D. FORCE MAJEURE

1. If the Selected FSP is completely and wholly unable to be performed by the Company as a result of Force Majeure, the Company will cause the refund in full all monies paid by the Purchaser free of interest. However, the Company shall not be held liable in any manner whatsoever or be deemed to have defaulted under or breached the Order for any failure or delay in fulfilling or performing only part of its obligations under the Selected FSP if such failure or delay is caused by or resulting from Force Majeure, in which case no refund shall be available.

 

E. GENERAL

1. In these Terms and Conditions the following expressions shall have the following meanings: 

a. “Company” or “we” or “us” shall mean Nirvana Care Sdn. Bhd. (Company No. 199701035696)(451196-D). 

b. “Nirvana” shall mean Nirvana Asia Ltd. (Company No.                            ) and any of its group of companies.  

c.“Purchaser” or “Purchasers” or “you” or “your” shall mean you and all other persons who places an Order to purchase the Products on this Site. 

d. “Product” or “Products” shall mean any and all the products offered by Nirvana for on line sale through this Site. 

e. “Service” or “Services” shall mean any and all the services offered for on line sale by Nirvana through this Site.  

f. “Terms and Conditions” shall mean the terms and conditions contained herein including any modifications and amendments or additions thereto from time to time. 

2. All other defined terms used herein shall unless the context otherwise requires, bear the same meanings ascribed to them in the Terms of Use. 

3. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the Purchaser hereby agrees to submit to the jurisdiction of the Court of Malaysia.

4. The headings and sub-headings in these Terms and Conditions are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions contained herein. 

5. No failure on the part of the Company to exercise, and no delay on the Company’s part in exercising, any right or remedy under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the Company for further exercise thereof or the exercise of any other right or remedy. 

6. If any provision or any part of any provision of these Terms and Conditions which are illegal, void prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other provision contained herein. 

7. All notices required to be given shall be in writing. Any notice to the Purchaser shall be sufficiently served if sent by prepaid post addressed to the Purchaser to the Purchaser’s last known address. It is the Purchaser’s duty to inform the Company in writing of any change of address. 

8. The Terms and Conditions in the English language shall prevail over the Chinese language should any conflict arise in the interpretation of the Terms and Conditions hereto.

 

F. PRIVACY

Nirvana’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Please refer to Nirvana’s Privacy Policy for details.

 

G. LINKS

1. The Site may contain links to other sites and pages which are not maintained or controlled by Nirvana and for which we are responsible (“Linked Sites”). When you activate any of these Linked Sites you leave the Site and access to such Linked Sites is at your own risk for which Nirvana disclaims all responsibility and liability. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

H. LIMITATION OF LIABILITY

1. To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products and/or Services supplied, are expressly excluded.

2. No agent or representative of Nirvana is authorized to make any warranties, representations or statements regarding the Products and/or Services and Nirvana shall not in any way be bound by any such unauthorized warranties, representations or statements.

 

I. CONTENT AND INTELLECTUAL PROPERTY

1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Nirvana, and is subject to the intellectual property rights and laws.

2. No person may copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, encode, modify, alter or display in public or distribute in any way any part of the Site and/or the Content for any purpose without Nirvana’s prior written permission.

3. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nirvana or others.

4. All right, title and interest in all intellectual property (including but not limited to the trade marks, logos and service marks of Nirvana) in all forms and related materials displayed on the Site shall at all times remain the property of Nirvana and no person shall be allowed to use the same without the written permission of Nirvana. No right or license is given to any party accessing the Site to use or reproduce in any manner any such marks or logos.

 

J. DISCLAIMER

1. By accessing and using the Site, as well as submitting any requests to Nirvana for online processing, you acknowledge and accept that such access and submission is at your own risk. Nirvana shall not be liable for any direct, indirect, incidental, consequential or punitive 4 damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the Site/submit any online requests to Nirvana. Without limiting the foregoing:

THE SITE, DOCUMENTS AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. NIRVANA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS THEREOF. NIRVANA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO SITE/CONTENTS, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CONTENTS, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.

 

K. INDEMNITY

1. You agree to indemnify and hold harmless Nirvana, and its officers, directors, shareholders, employees, agents, subsidiaries and affiliates from and against any and all claims, actions, demands, proceedings, loss, liability, penalties, fines, costs and/or expenses (including solicitors’ fees) incurred, suffered or made against Nirvana due to or arising out of or in connection with: (a) your use or misuse of the Site; (b) any transaction made on the Site by your Login or under your Account; (c) your violation or breach of any term of these Terms of Service or Other Terms of Conditions or any policy or guidelines referred herein or (d) any Content uploaded by you.

 

L. VIOLATION/BREACH

1. You agree that Nirvana may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site and/or Account if we determine that you have violated these Terms of Use or other terms, agreements, policies or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nirvana, for which monetary damages would be inadequate, and you consent to Nirvana obtaining any injunctive or equitable relief that Nirvana deems necessary or appropriate in such circumstances without prejudice to any other remedies Nirvana may have at law or in equity.

 

M. MISCELLANEOUS

1. The headings and sub-headings in these Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions contained herein.

2. No failure on the part of Nirvana to exercise, and no delay on Nirvana’s part in exercising, any right or remedy under these Terms of Use will operate as a waiver thereof, nor will any single 5 or partial exercise of any right or remedy preclude Nirvana for further exercise thereof or the exercise of any other right or remedy.

3. If any provision or any part of any provision of these Terms of Use which are illegal, void prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other provision contained herein.

4. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and you hereby agree to submit to the jurisdiction of the Court of Malaysia.

5. The Terms of Use in the English language shall prevail over the Chinese language should any conflict arise in the interpretation of these Terms of Use.