By completing the Membership Form and purchase process via the Expat Support website at https://expatsupport.org/ (“Website”), the Customer agrees to purchase membership of the bereavement care services from Expat Services Sdn Bhd (“Company”) on the terms and conditions set out below (“Terms of Service”). The effective date (“Effective Date”) shall be the date that the Company accepts the Customer as a member by the allocation of a membership number.

The Company can review the most current version of the Terms of Service at any time on the Website. The Company reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website (“Updates”). It is the Customer’s responsibility to check the Website periodically for Updates. Posting of the said Updates and revised Terms of Service on our Website shall be deemed notice and acceptance by all Customers.

1.  DEFINITIONS

1.1  In these Terms of Service and the Schedules, unless the context otherwise requires:

2.  TERM

These Terms of Service shall be binding on the Customer from the Effective Date and shall continue in effect up till the death of the Customer and the completion of the Services agreed hereto on death of the Customer, unless earlier terminated under the provisions of Clause 6 of these Terms of Service (“Membership Term”).

3.  SERVICES

3.1 Subject to these Terms of Service, the details of each Service and the time of which such Service will be offered by the Company (which in any event shall be after the Cooling-Off Period) are as set out in Schedule 1, and the Services guaranteed depending on the membership package chosen by the Customer are set out in Schedule 2.

3.2 The Services as entitled to the Customer under its Package shall not be available to the relevant Customer in the following circumstances:

    3.2.1  in respect of Services which are agreed to be provided on occurrence of death as set out Schedule 1, where the death of the Customer has occurred outside of peninsular Malaysia; and

    3.2.2  in respect of all Services, where there remains unsettled or uncollected amounts under the Package.

3.3 For the avoidance of doubt, the Services:

    3.3.1  do not include cremation services or any arrangement relating to such services; and

    3.3.2  are subject to the exclusions or limitations as set out in Schedule 1.

3.4 The Company reserves the right at any time to modify or discontinue any Service as set out in Schedule 1 or any membership entitlements in Schedule 2, or any part of the content thereof, whereby notification and acceptance of such modification and discontinuance will be as per the Updates above.

3.5 Notwithstanding Clause 3.4 above, the Company shall not be liable to the Customer or any third party for:

    3.5.1  any modification, price change, suspension or discontinuance of the Service; or 

    3.5.2  any non-performance of the Services or part thereof due to any official action, regulatory intervention or any other actions by authorities, or any intervention by third party by reason of a dispute the third party may have with the Customer. 

4.  FEES

4.1 The total fee payable by the Customer to the Company shall be as set out in Schedule 2 for the relevant Package chosen by the Customer as set out in the Membership Form (“Package”), and inclusive of any applicable tax on the Services.

4.2 If the Customer wishes to:

    4.2.1  downgrade the Package, the Company will calculate the difference between the additional fees paid for the Package up to the date of the change, against the current price of the new package, and set off such additional payment towards the new annual fee payment.

    4.2.2  upgrade the Package, the Company will confirm the new annual fee and the total additional payment that shall be payable on the date of change, over the term of the membership commencing from the Effective Date.

5.  PAYMENT

5.1 Recurring Billing

    5.1.1.  By selecting the automatic renewal option, the Customer authorises the Company to charge the Customer via the Customer’s preferred payment option, as part of Customer’s Package. The Customer is obliged to make certain that the Customer is authorised to nominate the Customer’s preferred payment option and that there will be sufficient funds/limits at all material times. 

    5.1.2  The automatic charge to the Customer’s preferred payment option will occur within two (2) Business Days of the Effective Date. Subject to Clause 6 below, each billing cycle is one year in length (“Membership Cycle”) and the automatic charge will occur at the same date each year (“Due Date”). Once the payment has been processed, the Customer will receive an electronic (email) notification that payment has been applied to the Customer’s preferred payment option for payment due to the Company.

5.2 Terms of online payment service

    5.2.1  The Company utilises a third-party service to process payments. The Company will not be liable for:

    (A) any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this online payment service;

    (B) damages of any kind arising from the use of this online payment site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages; and

    (C) any breach of the Customer’s personal or credit card information resulting from the interception of such information during its transmission to the Company.

    5.2.2  The Customer expressly agrees that its use of the Company’s online payment service is at Customer’s sole risk, and agrees that it will not intentionally provide false information when accessing or using the Company’s online payment service.

6.  TERMINATION

6.1 Termination within Cooling-off Period

The Customer shall be entitled to a cooling-off period of ten (10) days from the Effective Date (“Cooling-off Period”) to terminate the Package with full refund of all payment made as of the date of termination, less the one-time joining fee, a cancellation fee and payment processing fee amounting to RM 150 in aggregate. Termination within the Cooling-off Period shall be valid on receipt by the Company at its postal address or email address, of a written notice by the Customer of its intention to terminate the Package.

6.2 Customer’s right to terminate without cause

    6.2.1  After the Cooling-off Period, the Customer may terminate the Package or refuse to renew the Membership Cycle without assigning cause by giving the Company not less than fourteen (14) Business Days written notice.

    6.2.2  In the event that the Package and these Terms of Service are terminated pursuant to Clause 6.2.1 above, the Customer shall not be entitled to any refund of payments made by the Customer up till the date of termination.

    6.2.3  Unless agreed otherwise, following any termination pursuant to Clause 6.2.1 above, the Customer will be entitled to the Services under the Package throughout the end of the Customer’s Membership Cycle.

6.3 Company’s right to terminate with cause

    6.3.1  At any time during the Membership Term, the Company may terminate the Package or refuse to renew the Membership Cycle by giving the Customer not less than fourteen (14) Business Days written notice if the Customer:

    (A) fails to make a payment for the Package which is due and payable under these Terms of Service, after the end of a two-months period from the Due Date, provided that the Company has sent up to two (2) reminders to the Customer for payment of the outstanding sum; or

    (B) in the sole judgment of the Company, the Customer fails to comply with any term or provision of these Terms of Service.

    6.3.2  In the event that these Terms of Service are terminated pursuant to Clause 6.3.1 above, the Customer shall not be entitled to any refund of payments made by the Customer up till the date of termination. The Customer shall remain liable for all amounts due up to and including the date of termination, and following payment by the Customer of the outstanding amount (if any), none of the Parties shall have any claims against the other Party, and the Company shall have no further obligations under these Terms of Service.

7.  ASSIGNMENT

Only the Customer or the representative(s) of the Customer as set out in the Membership Form shall be entitled to claim the rights or benefits set out in these Terms of Service. All rights and obligations hereunder are personal to the Customer and except with the prior written consent of the Company, the Customer shall not assign, transfer or novate or attempt to assign, transfer or novate all or any of its rights or obligations under the Package to any third party.

8.  LIMITATION OF LIABILITY

8.1 In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Customer’s use of any of the Service or any products procured using the Service, or for any other claim related in any way to the Customer’s use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

8.2 Notwithstanding any other provision in these Terms of Service and subject to Clauses 8.1 and 3.5 above, the maximum aggregate liability of the Company in respect of any claims by the Customer against the Company under these Terms of Service or howsoever arising from these Terms of Service shall not exceed RM 2,500 (Ringgit Two Thousand Five Hundred).

9.  FORCE MAJEURE

The Company shall not be responsible, nor be liable to the Customer for any failure to fulfil any obligation under these Terms of Service if fulfilment has been delayed, hindered, or prevented due to causes beyond its control, including, without limitation, by reason of, acts of God, acts of war, rebellion, sabotage or riots, fire, explosion, storm, flood, accident, insurrection, sabotage, labour disputes, computer system malfunctions, acts of third parties, acts of federal, state or government  intervention, judicial action or other catastrophes or other similar occurrence beyond the control and without the fault or negligence of the Company.

10.  ENTIRE AGREEMENT

The Terms of Service and the Membership Form embodies all the terms and conditions agreed upon between the Parties as to the subject matter of these Terms of Service and supersedes and cancels in all respects all previous agreements and undertakings, if any, between the Parties with respect to the subject matter hereof, whether such be written or oral.

11.  WAIVER

No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms of Service preclude any other or further exercise of it or any other right or remedy.

12.  GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by, and construed in all respects with, the laws of Malaysia, and the Parties agree to submit to the jurisdiction of the Courts of Malaysia to settle any disputes which may arise out of or in connection with these Terms of Service.

13.  PERSONAL DATA PROTECTION

By agreeing to the Services, the Customer hereby consents to the holding and processing of personal information provided by the Customer to the Company, any affiliate thereof, trustee or third party service provider, for all purposes relating to the Services. These include, but are not limited to: (i) administering and maintaining Customer records; (ii) providing information to the Company, its affiliates, trustees of any employee benefit trust, registrars, brokers or third party providers of the Services; (iii) providing information to future purchasers or merger partners of the Company or any affiliate thereof, or the business in which the Customer works; and (iv) transferring information about the Customer to any country or territory that may not provide the same protection for the information under the laws of Malaysia.

SCHEDULE 1

Services

SCHEDULE 2

Membership Package Entitlements

Notes:

1. Fees as stated above are yearly fees per adult and per child.
2. A one-time joining fee of RM100 per application is applicable for every membership package and is strictly non-refundable.
3. Customers can select between burial service or repatriation service for each package.
4. Services marked * include a 30-minute consultation session, and any consultation which exceeds 30 minutes will be charged on a per hour basis at the following rate:

• • RM200 per hour for insurance, funeral, wills and counseling services; and
  • RM300 per hour for embassy, financial, post bereavement and estate planning services.