1. General

1.1 EGQ CULTURE DEVELOPMENT SDN. BHD. (Company No.: 1317917-M, “the Developer”) is the developer of the Memorial Park. EGQ (“The Company”) is the management company of the scheme under which licenses for the use of Products and Services in EGQ are issued. The Developer has erected a modern memorial park consisting primarily of columbarium, burial plot and ancestral tablets to be used as repository for cinerary urns and human interments.

2. Orders and Specifications

2.1 The Purchaser may purchase Products and Services by placing and completing the order form via website and shall be responsible for ensuring the accuracy of the order.

2.2 Order acceptance and completion of the Contract will only be completed upon EGQ issuing a Certificate of Purchase of the Products and Services to the Purchaser.

2.3 No concluded Contract may be modified or cancelled by the Purchaser except with prior written consent from EGQ and on terms that the Purchaser shall indemnify EGQ in full against loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by EGQ as a result of the modification or cancellation, as the case may be.

2.4 The Purchaser intends that the right to use of the Product to be executed by the person(s) named in the Section of Particulars of Holder in this Purchase Order. Where no person has been nominated, the Purchaser shall be deemed the intended holder of the Product.

2.5 Until a cinerary urn or human interment is deposited in the product or service, the Purchaser may write to the Company to nominate such other person to be the intended user of the Product.

2.6 Every transaction and payment of deposit and down payment must be made in EGQ CULTURE DEVELOPMENT SDN. BHD.

3. Price

3.1 The price of the Products and Services shall be the price stated on the Platform at the time which the Purchaser places and completed the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Purchaser shall be liable to pay to EGQ in addition to the price.

3.2 In the event that a Product has been mispriced on the Platform, EGQ reserves the right to terminate the Contract, in which EGQ shall, on behalf of Agent (where Agent is a Third Party Vendor), notify the Purchaser of such cancellation by giving three days’ notice. EGQ shall have such right to terminate the Contract notwithstanding that payment has been charged to Purchaser.

4. Terms of Payment

4.1 When the Purchaser places an order on the Platform, actual payment shall be only charged upon Company’s acceptance of Purchaser’s order and the formation of Contract.

4.2 These Terms of Payment is applicable and binding upon you when you access and/or use the Platform’s payment gateway, kiplePay Sdn Bhd (kipleBiz).

4.2.1 The Purchaser shall be entitles to make online payment for the Products and Services and services using the various payment methods through FPX online banking, payment cards with debit or credit functions, and/or payment feature made available on the kiplePay. KiplePay is entitled to suspend, revoke, refuse and/or block any Transaction, at any time, without liability, without notice if there is reasonable suspicion of fraudulent, illegal and/or any other activity by you which in our sole opinion will damage, injure, compromise and/or prejudice us, and/or our network operation, reputation and/or business; or any other reasons as we deem fit.

4.2.2 The kiplePay Terms of Use is applicable and binding upon you when you access and/or use of kiplePay payment gateway as well. In addition to these Terms of Use, additional terms and conditions may apply, depending how you access and/or use the service managed by kiplePay.

4.3 All offline payments shall be made to EGQ, either accepting offline payment in its own right or as Company’s agent. The Purchaser acknowledges that EGQ is entitled to collect payments from the Purchaser on behalf of the Company’s agent.

4.4 The Purchaser may not claim against Company or any of its agents (which may include EGQ), for any failure, disruption or error in connection with the Purchaser’s chosen payment method. EGQ reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Purchaser or giving a reason.

4.5 If the Purchaser fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

4.5.1 cancel the Contract or suspend deliveries of the Product until payment is made in full; and/or

4.5.2 charge the Purchaser interest on the amount unpaid at the rate of one per cent (1.5%) per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

4.6 All payments for the purchased Products and Services and services must be made to EGQ using the payment methods made available on the Platform only. EGQ shall not be held responsible for any losses which may arise from payments made directly to Third Party Agents/Vendors or through payment methods apart from the available payment methods on the Platform.

4.7 We reserve the right to suspend, revoke and/or block any transaction if we discover or have been informed by any third parties including the Appropriate Authority to be irregular, suspicious, illegal or unauthorized.

5. Return, Refund and Replacement of Products

5.1 All Products and Services sold on the Platform are NON-RETURNABLE and NON-REFUNDABLE.

5.2 Questions and complaints with regards to returns should be sent to our Contact Us page on the Platform as applicable.

6. Migrate and Transfer of Products

6.1 For further information regarding migrate and transfer of products, please refer to the terms and conditions specified in Contract Agreement.

6.2 Services are non-transferable.

7. Liability

7.1 The Company shall not be liable to the Purchaser in any manner whatsoever resulting from or arising out of any loss or damage to any material chattels or things deposited in the product.

8. Other Matters

8.1 All matters that are not mentioned in the foregoing terms and conditions shall be decided at the absolute discretion of the Company. The Company reserve the right, at any time or times to adopt new terms and conditions, or to amend, alter or repeal any terms, conditions, section or sentences in these terms and conditions.