TERM AND CONDITIONS TO SUBSCRIBE OUR SERVICES 1. The service(s) / package(s) / plan(s) (”Services”) subscribed by you from Life Eternity Group Berhad (1225813-K) (”our Company” or ”us” or ”we”) shall be subjected to the terms and conditions as stated below. The parties consent and acknowledge that the terms and conditions may be modified and / or adjusted based on our Company’s discretion from time to time. Upon accepting and / or purchasing the Services, you are deemed to have accepted and be bound by the terms and conditions as stated herein and such other relevant rules as our Company and / or the relevant authorities may impose from time to time. BECOMING OUR SUBSCRIBER 2. To be eligible for the Service(s), you shall be a non-Muslim Malaysian citizen at the age between 18 to 60 and have legal capacity to enter this Agreement at the time of subscription and we would verify the information obtained from you to determine, at our discretion, whether the Services may be made available to you. Such verification would be carried out based on the information and / or documents provided by you in which you shall be fully responsible for the accuracy of such information and / or documents. 3. The Company may decline to provide the Services to you based on reasons which including but not limited to your eligibility for the Services, the availability of the Services and your compliance with our credit and registration requirements and / or whether you have breached / defaulted any terms and conditions stipulated herein. YOUR RESPONSIBILITIES AND OBLIGATIONS 4. Subjected to the terms and conditions herein, you are required to: i. provide us with accurate and complete information and inform our Company in writing proximately of any changes to such information provided, including any changes in your address and / or contact particulars; ii. comply with all notices or directions issued by our Company; iii. take all necessary and / or reasonable steps to prevent spamming, fraudulent, defamatory, offensive, improper, immoral, and indecent actions, or illegal use of the Services; and iv. notify your immediate family / next of kin / trustee/ heirs/ personal representatives successors in title and permitted assigns about this Services that you have signed up. 5. Our Company may, at its reasonable discretion, refuse or remove access to any content, products or services which you transmit, make available, access, use or acquire via the Services, including those which may or are alleged to contravene the laws of Malaysia, improper, defamatory, offensive, indecent, objectionable, illegal or infringe any party’s intellectual property rights. 6. Our Company would on our best endeavours to ensure the quality of the Services provided yet shall make no warranty as to the accuracy, reliability or quality of any content obtained through the Services. SUBSCRIPTION 7. The Services is not transferable and / or change of its beneficiary name is not allowed after registration has been completed and part/ full payment has been made to our Company. 8. Unless you have subscribed for Services under Platinum plan which would take effect immediately after your settlement of full lump sum payment, all other Service(s)/ Subscription Plan(s) including Bronze 1, Bronze 2, Silver and Gold packages (”non-Platinum plans”) will only take effect at least after three hundred and sixty- five (365) days from the completion of registration and full payment has been made to our Company. Alternatively in the event you unfortunately pass away within less than three hundred and sixty-five (365) days after register for the non-Platinum plans, you / your immediate family / next of kin / trustee/ heirs/ personal representatives successors in title/ permitted assigns shall pay the full sum as charged for Platinum plan (less any payment that you have previously paid) in order to activate the Services. 9. For the non-Platinum plans, you shall commit and be obliged to continuously pay the annual subscription fee for a period of 30 years or until your demise whichever is earlier (”the Contract Period”). Our Company may, on our sole discretion without any prior notice, terminate or cease to provide the Services to you if any default and / or failure and / or discontinue of subscription payment(s) of the Services ("Defaulted Event”) occurred / committed by you within the Contract Period. Any payment made after the Defaulted Event occurred shall be treated as a new registration of the Services where its effective date shall be commenced based on Clause 19 above. 10. While for the subscription of Gold Package (Double Urn Cremation) under the non-Platinum plans whereby one of the subscribers has passed away, the surviving subscriber in the said Package shall continue to pay RM688.00 annually within the Contract Period, failing which, our Company shall at its sole discretion convert the double slot into a single slot, and the allocation of the slot(s) shall be determined by the Company after evaluating the circumstances. 11. The Services would only be carried out and available within territory in Malaysia. If you pass away at foreign country, land, or high seas out of the jurisdiction of Malaysia, the family members / next of kin / legal trustee/ heirs/ personal representatives/ successors in title/ permitted assigns shall be responsible for all the procedure, documentation, and transportation of your body back to Malaysia, and such costs shall be solely borne by them. 12. Any cost incurred for the transportation of your body exceeding 40km from any mortuary within Malaysia shall be borne by the deceased Service Recipient estate and / or family. 13. If there is any additional service(s) requested by you or your family members / next of kin / legal trustee/ heirs/ personal representatives/ successors in title/ permitted assigns which does not fall within the scope of the Services, they shall solely bear all the costs for such additional services where such payment shall be fully settled in advance. BILLING AND PAYMENT 14. You shall be responsible to promptly pay and settle all charges/ annual fees/ instalments of the Services according to the time schedule fixed by us for respective packages/ plans including but not limited to any other related charges due to our Company and / or our agent(s), subcontractor(s) and / or supplier(s). 15. You shall ensure all above charges shall be settled within 30 days from the payment date as set out in our bill(s) / invoice(s), failing which, it would cause the Services subscribed by you to be cancelled / terminated with immediate effect, and all previous fees, payment and charges you have made shall be fully forfeited. 16. Your immediate family / next of kin / trustee / legal trustee/ heirs/ personal representatives/ successors in title/ permitted assigns shall make and settle all the remaining payment and charges of the Service(s), if any, in the event you have passed away before instalment(s) and / or charges of the Service(s) purchase has been settled in full or there is any outstanding payment(s). 17. Our Company shall be entitled, without liability, to suspend, restrict, or terminate the Services if any bill(s) or part thereof remains unpaid after the payment date, where you shall be liable for all legal, administrative and other costs for claims made by us against you due to the said default of payment(s). 18. You shall notify our Company in writing within seven (7) days from the date of your bill statement / invoice if you wish to reasonably raise any discrepancy on the bill / invoices received, failing which, the bill / invoice shall deem to be accurate and conclusive. 19. You shall keep and handle the subscription card of the Services in a good and proper manner. A penalty charge of RM50.00 will be imposed for any replacement for a new subscription card of the Service(s). 20. Upon the Service(s) is registered with the Company, any payment made for the Services shall be non-refundable and non-exchangeable for cash or any other monetary valuable service or product. 21. Our Company may introduce other modes of billing from time to time by giving you a prior notice. THE COMPANY'S RIGHTS 22. We are entitled to make any reasonable alteration or changes to the Services in whole or any part thereof, or withdraw or suspend, or terminate the Services or any part thereof and the Company will not be liable to you or any third party for any loss (including loss of revenue), loss of Services or inconvenience as a result thereof. Where reasonably practicable, we will endeavour to give you reasonable advance notice of such changes, be it through written notice, electronic mail, the Company bill, the Company website or such other form as the Company deem appropriate. 23. We are entitled at our sole discretion, from time to time, to reasonably vary, add to, remove or otherwise amend the terms and conditions of the Agreement or any part thereof. Any variations, additions or amendments will take effect on the date the variations or any other date as our Company deem appropriate. Your continued use of the Services after such changes to the terms and conditions of Services and / or Agreement has made will constitute unconditional acceptance by you of such variations, additions or amendments and you will be bound by the same. If you do not accept such changes, you shall inform the Company in writing within seven (7) days from the date of alternations / changes and you are entitled to terminate the Services by including the intention to do so in the said notice due to the non- acceptance of the changes / alternations, failing which, you will be deemed to have unconditionally accepted the changes. PASSING 24. Your family / next of kin / legal trustee / legal authorized person / heirs/ personal representatives/ successors in title/ permitted assigns shall have right to decide on Option and preferred religion ritual of the funeral provided in the Services upon your passing. If they have chosen the alternative other than those provided in the Services, they shall be solely responsible for all such procedures, costs, documentation, and transportation of your body. 25. Your resting place after your passing under the Services shall be determined by our Company depending on the circumstances, consideration, availability and condition upon your passing. If necessary, our Company have the absolute right to change, modify, or vary the resting place as we deem appropriate. 26. If you have selected cremation under the Services, the management, maintenance, services, and other relatable cost shall be borne by you / your estate. 27. If you have selected a cemetery which is excluded from the Services, you shall be responsible for the price of the cemetery in accordance with the market rate notified by our Company to you, and any other relatable costs that would be charged on you by our Company. 28. If you have selected a particular cinerary urn / columbarium, but such cinerary urn/ columbarium is not available for whatsoever reason beyond the control of the Company, the Company may at its own discretion decide which cinerary urn/ columbarium to be used. 29. The use of memorial parlour shall depend on the circumstances, consideration, and condition of the Company at the material time subjected to our full discretion. 30. If there are any changes to the Services as requested by you / your family member / next of kin / legal trustee / heirs / personal representatives / successors in title / permitted assigns, all additional costs may be determined and charged by our Company. 31. Upon your passing, your family / next of kin / legal trustee / legal authorised person / heirs/ personal representatives / successors in title / permitted assigns should contact us immediately through our customer careline as follow and to provide all the necessary particulars to usto activate the Services: Customer Care line: +6019-633 3113 / +6013-754 3113 / +6013-716 3113 INDEMNITY 32. Save and except any default by our Company, you undertake and agree to indemnify and hold us and our respective personnel harmless from and against any and all claims, demands, actions, damages, loss, costs, charges, liabilities and expenses (including solicitor’s fees and costs) of every nature directly and indirectly, arising out of or in connection with, including: i. any claims for libel, invasion of privacy, infringement of patent, trademark, copyright, intellectual property right or other proprietary right, breach of confidence, breach of any law or regulation arising from or attributable to your use of Services howsoever arising; ii. any non-compliance with or breach of any provisions of the Agreement by you; iii. any negligent or wilful act by you; iv. any damage to property or personal injury (including death) contributed / caused by you; and / or v. any act or omission by you or any unauthorised use or exploitation of the Services. INTELLECTUAL PROPERTY 33. All materials provided by us in the Service(s) are strictly protected by copyright and regarded as our Company’s intellectual properties and shall not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way by you without our prior written consent. DISCLAIMERS AND LIMITATION OF LIABILITY 34. You consent that no condition, warranty, guarantee, or representation is given or made by our Company or our personnel in relation to: i. the state, quality, description or otherwise of the Services; ii. as to the Services and / or our Company's equipment’s fitness for any purpose, suitability, or that they will not infringe any rights in law or contract; and / or iii. which arise from a course of dealing, usage, law or trade practice. 35. Notwithstanding anything to the contrary herein contained, our Company and our respective personnel and / or suppliers will not be liable to you or any other party in contract or tort (including negligence) or otherwise in respect of any claim brought by you or by any third party for any loss of profit or revenue or loss of business or for interrupted or for any direct, indirect, special, incidental, consequential damages, punitive damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in connection with the Services, our Company’s equipment or the Agreement, whether or not our Company, our personnel or suppliers were or should have been aware of the possibility that such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability, whereby our Company disclaim any and all liability to the fullest extent allowed by law. EVENT BEYOND CONTROL 36. Our Company shall not be liable or responsible for any failure to perform, or delay in performance of any of its obligations under the Agreement that is caused by events beyond our reasonable control (”Force Majeure Event”). 37. A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond the Company reasonable control and shall include in particular (without limitation) the following: i. strikes, lock-outs or other industrial action. ii. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. iii. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. iv. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. v. impossibility of the use of public or private telecommunications networks. vi. the acts, decrees, legislation, regulations or restrictions of any government. vii. any shipping, postal or other relevant transport, strike, failure or accidents. viii. interruption of production or operation, difficulties in obtaining raw materials, labour, fuel, parts or machinery. ix. power failure or breakdown in machinery. x. movement control implemented or enforced by the Government or any measure taken by the Government under the Prevention and Control of Infectious Diseases Act 1988. xi. mass consumption of the Services in a particular time to the extent beyond our control. 38. Our performance or obligations under the Agreement are deemed to be suspended without any liabilities for the period that the Force Majeure Event happened. TRANSFERRING THE AGREEMENT 39. You are not permitted to assign or novate any, or any part, of your rights and / or obligations under the Agreement to any party, without our Company prior written consent. 40. You agree and consent that our Company may assign any, or any part, or all, of its rights under the Agreement to our Company related corporations or any third party by notice in writing to you. Your continued usage and continued payment made, after service of such notice on you, of the Services will be deemed as your consent to continue with the Services after such novation, and you agree to make all subsequent payments as instructed in such or any further notice. COSTS, TAXES AND FEES 41. You are to bear all government taxes, levies and other costs, if any, imposed by law in relation to the provision of the Services by our Company. 42. If GST is imposed to the Services provided to you under the Agreement, we are entitled to charge the GST payable to the government in the Services provided / supplied to you. These taxes will be inserted to the bills / invoices issued to you. 43. If any monies due under the Agreement by you to our Company is to be recovered through any process of law or if the said monies or any part thereof is placed with solicitors, you will be fully responsible (in addition to the said monies) to such fees/ costs and / or expenses incurred by us. NOTICES 44. All communications and documents to be given by you to our Company under the Agreements shall be in writing. 45. The communications and documents, including legal process, given by our Company to you will be deemed to have been served if: i. sent by registered post, on the third day after posting; ii. sent by ordinary post, on the third day after posting; iii. hand delivered, upon delivery; iv. sent by electronic mail, upon successful completion of transmission; v. sent by facsimile, upon successful completion of transmission; or vi. published in one of the national daily newspapers circulated generally throughout Malaysia. GOVERNING LAW 46. The Agreement shall be governed by and construed in accordance with the laws of Malaysia and if any dispute occurred, the parties hereby consent and agree to submit to the exclusive jurisdiction of the Malaysian courts. GENERAL PROVISION GOVERNING THE AGREEMENT 47. A right created under the Agreement may not be waived except in writing signed by the party granting the waiver. No delay or omission by either party to exercise any right under the Agreement will impair such right or be construed as a waiver thereof. A waiver by any party of any of the obligations to be performed by the other party or any breach thereof will not be construed as a waiver of any succeeding breach thereto or of any other obligation. 48. Time is of essence in performance of the Agreement. 49. If any provision in the Agreement or the application thereof is held illegal, invalid or unenforceable, the remainder of the Agreement not so affected and / or capable of substantial performance will be binding, valid and enforceable to the extent permitted by law. 50. Notwithstanding anything to the contrary, you hereby agree to be bound by the Agreement, any policies and procedures and / or any variations, additions or amendments made thereto, as may be determined by our Company at any time. 51. Our Company reserves the right to change or amend the above terms and conditions by giving further notice to you. 52. If there is any inconsistencies or contradictions between the terms and conditions herein in different languages, the English version shall prevail. 53. This agreement shall be binding upon the respective heirs, personal representatives, successors in title and permitted assigns of each of the parties hereto. ENTIRE AGREEMENT 54. This terms and conditions and any document expressly referred to in them represent the entire agreement between you and our Company in relation to the subject matter of any agreement and supersede any prior agreement, understanding or arrangement between you and our Company, whether oral or in writing. 55. Both parties acknowledge that, in entering into this Agreement, neither you nor our Company has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and our Company prior to the Agreement save and except as expressly stated in these terms. CONTENTMENT 56. If you have any further query and / or complaint with regard to our Services, please contact our contentment officer(s) at: i) info@eternity.my ii) www.facebook.com/www.eternity.my PRIVACY NOTICE 57. All information provided by you / your family member/ next of kin / legal trustee / heirs / personal representatives / successors in title / permitted assigns to our Company shall belong to our Company with express consent, and by signing and subscribing the Services, you hereby consent and agree to the Privacy Notice as provided herein, or as amended by the Company from time to time. You hereby give your consent and authorisation to our Company under Personal Data Protection Act to use such information for any legal purposes as our Company may deem fit and appropriate, which include, but not limited to, marketing survey, planning, data management, marketing, advertisement, statistic, and risk assessment. 58. The Personal Data Protection Act 2010 serves to regulating the processing of personal data by our Company. Your personal data is provided to our Company on a voluntary basis, whereby we may collect and process your personal data and any other information that may be relevant for the purposes of the Life Eternity Package and all related promotional and advertising activities for the Life Eternity Package. In the event that your personal data is being processed for other purposes without your consent, you have a right to request the Company to stop such processing. You have the right to decide what information that you wish to provide. However, please be informed that all the information that our Company request from you is necessary information for the Company in relation to the Services provided. You may access and correct your personal data held by our Company. We will endeavour to ensure that your personal data is accurate. By signing this form, you hereby confirm that all information provided to our Company in this application form is true and accurate. You hereby give consent to our Company to process, disclose and transferring your personal data to any person for the aforementioned purposes. DEFINITIONS: ”Agreement” means the agreement for Services made between our Company and you in accordance with the terms and conditions contained herein, including the Registration Form, policies and procedures of the particular or packages and all other documents which are expressly agreed to form part of the Agreement. ”Particulars” includes but not limited to your name, NRIC number, and location of your passing. ”Services” means any funeral, cremation, sea burial services, and / or any other services (including, where relevant, construction and transportation service in order for you to have access to the service). ”Subscription Plans” means the Bronze 1 Package, the Bronze 2 Package, the Silver Package and the Gold Package, in which the aforesaid Package may also fall under Platinum Plan and / or Life Eternity Card, whichever you have subscribed / registered, depend on respective rates fixed by us from time to time. Package Plans including either (i) sea burial or (ii) funeral ceremony or (iii) cremation (All Packages / Plans and options above shall be based on the Subscriber’s selection of the Package Plan(s) and its availability) consist of a 3 days 2 nights wake and funeral service. ”Subscriber” means you or the person that has signed up and registered for any above mentioned subscription. Delivery Policy 1. We will deliver our product to the user within 90 days after the user successfully signs up. 2. Unless you have subscribed for Services under Platinum plan which would take effect immediately after your settlement of full lump sum payment, all other Service(s)/ Subscription Plan(s) including Bronze 1, Bronze 2, Silver and Gold packages (“non-Platinum plans”) will only take effect at least after three hundred and sixty- five (365) days from the completion of registration and full payment has been made to our Company. Alternatively in the event you unfortunately pass away within less than three hundred and sixty-five (365) days after register for the non-Platinum plans, you / your immediate family / next of kin / trustee/ heirs/ personal representatives successors in title/ permitted assigns shall pay the full sum as charged for Platinum plan (less any payment that you have previously paid) in order to activate the Services. Refund Policy 1. Once the service is re-registered with the company, any payments made for the service are non-refundable and non-exchangeable for cash or any other service or product of monetary value. 2. If you wish to reasonably raise any discrepancies in bills/invoices received, you must notify our company in writing within seven (7) days from the date of your bills/invoices, otherwise, the relevant bills/invoices must be considered accurate and conclusive. 3. If it is determined that the error is caused by the company or the product does not arrive within the promised time frame, you can discuss a solution with the customer service staff, and the company will not provide a direct refund plan. If the negotiation results in a refund, the company will process the refund within 14 days. 4. Unless there is an error in the delivery of the company or the product is defective, the additional postage for all returns will be borne by you. Privacy Policy 1. All information provided by you / your family member/ next of kin / legal trustee / heirs / personal representatives / successors in title / permitted assigns to our Company shall belong to our Company with express consent, and by signing and subscribing the Services, you hereby consent and agree to the Privacy Notice as provided herein, or as amended by the Company from time to time. You hereby give your consent and authorisation to our Company under Personal Data Protection Act to use such information for any legal purposes as our Company may deem fit and appropriate, which include, but not limited to, marketing survey, planning, data management, marketing, advertisement, statistic, and risk assessment. 2. The Personal Data Protection Act 2010 serves to regulating the processing of personal data by our Company. Your personal data is provided to our Company on a voluntary basis, whereby we may collect and process your personal data and any other information that may be relevant for the purposes of the Life Eternity Package and all related promotional and advertising activities for the Life Eternity Package. In the event that your personal data is being processed for other purposes without your consent, you have a right to request the Company to stop such processing. You have the right to decide what information that you wish to provide. However, please be informed that all the information that our Company request from you is necessary information for the Company in relation to the Services provided. You may access and correct your personal data held by our Company. We will endeavour to ensure that your personal data is accurate. By signing this form, you hereby confirm that all information provided to our Company in this application form is true and accurate. You hereby give consent to our Company to process, disclose and transferring your personal data to any person for the aforementioned purposes.