General Terms of Use
Last Updated on 11th March 2021
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY. BY ACCESSING OUR SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICES AND MUST DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
1. General Description
Welcome to xiao-en.com, including any linked websites and mobile applications (the “Site”). The Site is owned and operated by Xiao En Memorial Park Bhd (Company No. 198101007439 (73555-U)) (“Xiao En,” “Company,” “we,” “our,” or “us”). These Terms govern your use of the Site and any of the products and services made available via the Site (“Services”). Your compliance with these Terms is a condition to your use of the Site and Services. By using our Site or using or applying for a Service, you are agreeing to these Terms and the terms of our Privacy Statement. These Terms constitute a legal contract between you and Xiao En governing your use of the Site and Services, to the extent not superseded by the terms and conditions of any contract we enter into with you for Services.
2. Your use of the Site is subject to these Terms of Use. By using the Site, you accept and agree to be bound by these Terms of Use. Please note that these Terms and Conditions are subject to changes and updates from time to time, at the sole discretion of Xiao En without prior notice to you. It is your responsibility to check these Terms of Use periodically for any changes and updates. You can determine when we last changed and updated these Terms of Use by referring to the “LAST UPDATED” statement above. Your continued use of the Site constitutes your acceptance of and agreement to be bound by the current Terms of Use which include Changes that may be made from time to time. Should you disagree with the Terms of Use, please discontinue your access and usage of the Site.
3. Your use of the Site shall be at your own initiative and risk and in so doing, you are solely responsible for the compliance with all the applicable laws, by-laws, regulations etc. By using the Site, applying for or using any of the Services, you represent and warrant that you are at least 18 years of age and are a resident of Malaysia. Your eligibility for particular Services is subject to final determination by Xiao En and/or its affiliates. You are solely responsible for all access to the Site using your Internet connection, even if the access is by another person.
4. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time with or without notice (including when you breach any of these Terms of Use).
5. Description of Service
The Site is a free to use online consumer web portal for funeral and bereavement care products and/or services. Our services include sales and/or provision of funeral ceremony and bereavement care related products and/or services, and online reservation and/or booking for visitation to Xiao En Nilai Memorial Park and/or other Xiao En’s premises.
6. Use of Services on the Site
By your successful purchase and/or booking of our Services via the Site, you are bound to the specific terms and conditions governing the Services.
7. Ownership and Rights
The Site is protected by copyright and trademark laws and other applicable intellectual property laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Xiao En. We and/or our licensors are the owner of these rights, title and interest in and to their applicable contributions to this Site. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. Additionally, you agree that you will not (i) remove or alter trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Xiao En.
8. Account Registration
While you may use the Site without registering, certain functionalities or areas of the Site require you to register and create a username and password in order to access such portions of the Site. You must not share your username or password with others. You are solely responsible for (i) authorizing, monitoring, controlling access to and maintaining the confidentiality of your username and password, (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality or other concerns, and (iii) any charges or damages that may be incurred by use of your username and password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.
9. Consent to be Contacted
By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail.
We may contact you for application, including without limitation, for matters related to your recent purchase made via the Site.
By submitting your contact information, registering for an account, purchasing a Service or requesting for a Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, at any email address or mailing address we have for you in our records and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your purchase.
You hereby further consent that we may utilize third party service and other providers for the purposes of contacting you on our behalf in accordance with the Terms.
10. Privacy Statement
In the course of you using this Site, we may collect and use information about you in accordance with our Privacy Statement.
11. Personal Use
Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site except as otherwise expressly provided in the Terms of Use or as specifically authorized in a separate written agreement. Your use of the Site and all related products and services is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you shall not:
11.1 use the Site for any fraudulent or unlawful purpose;
11.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights, rights of publicity or intellectual property rights;
11.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
11.4 interfere with or disrupt the operation of the Site or the services or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
11.5 transmit or otherwise make available in connection with the Site any virus, worm, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;
11.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
11.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
11.8 remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
11.9 frame or mirror any part of the Site without our express prior written consent;
11.10 create a database by systematically downloading and storing Site content;
11.11 use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances; and
11.12 create links that are unfair and illegal and or presented in a way that is misleading or could suggest any type of association, approval or endorsement by us which does not exist.
12. Contributed Content
Some of the features on the Site allow you to upload and or submit content (“Content”). By uploading and or submit any Content, you represent and warrant that you have all right, title and interest to such posted Content, including but not limited to any consent, and authorization from any third party necessary for you to upload or submit the Content. By uploading or submitting Content, you further agree to give us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The Content so uploaded and or submitted further shall not:
12.1 infringe any intellectual property rights or otherwise constitute breach of any agreement with any person or entity;
12.2 defame, be libelous, unlawfully threaten, harass or otherwise contain subject matters that are objectionable;
12.3 be obscene, pornographic or indecent;
12.4 be irrelevant for the purposes of the Services offered on the Site; and or
12.5 otherwise breach any law, statute or regulation.
13. Linking
The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
14. The above is without prejudice to your right to terminate your account and end your use of the Site at any time and for any or no reason, subject to the terms and conditions herein.
15. User Representations, Warranties and Indemnities
You are solely responsible for your use of the Site. You agree to indemnify and hold us, our affiliates, employees and agents harmless from any claim or demand made by any third party, whether actual or alleged that arise out in connection with your use of the Site, your violation of any terms and conditions of the Terms of Use, and/or arising out of in connection with the information and/or purchase made and/or submitted by you on the Site.
16. Disclaimer of Warranty and Limitation of Liabilities
We provide the Site on ‘as is’ and ‘as available’ basis. Whilst we endeavour to provide the best Services and/or product experience to you, we make no representations or warranties of any kind as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose, and to the fullest extent permissible by the applicable laws, we disclaim all said representations or warranties, express or implied. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
17. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available. In particular, the Site may be unavailable during periods when we and/or Big Cartel are implementing or carrying out essential maintenance on the Site. The unavailability of the Site or certain content on the Site may be due to modification, and temporary or permanent discontinuance which we reserve the right to do so, with or without notice. You agree that we shall not be liable to you or to any third party for any unavailability, modification, or discontinuance of any content.
18. Survival of Clauses
Clauses 6, and 11-17 will survive the suspension or termination of the Site for any reason whatsoever.
19. Severability
If any term in these Terms of Use is or becomes invalid, illegal or unenforceable in any respect under the applicable laws, the validity, legality and enforceability of other terms shall not be affected or impaired in any way.
20. Governing Law and Entire Agreement
These Terms of Use, together with our Privacy Statement, shall constitute the entire agreement between you and us in relation to your use of the Site and shall supersede all previous agreements between you and us in relation to your use of the Site. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and parties irrevocably submit to the jurisdiction of the courts of Malaysia to hear and determine any dispute or differences out of and/or in connection to these Terms of Use.
