Kemuncak

Legal

Terms & Conditions

These terms govern your use of the Kemuncak website and your engagement with our professional legal services. Please read them carefully before using this website or requesting our services.

Last updated: 28 April 2025 Effective date: 28 April 2025

1. Definitions

In these Terms and Conditions, the following terms carry the meanings set out below:

  • "Kemuncak", "we", "us", or "our" — refers to the estate and inheritance legal counsel practice operating as Kemuncak, with registered address at Level 11, Wisma BU8, 11 Lebuh Bandar Utama, 47800 Petaling Jaya, Selangor, Malaysia.
  • "Website" — the website accessible at kemuncak.pro and any subdomains thereof.
  • "Services" — the estate and inheritance legal counsel services we offer, as described on this Website and in any formal engagement letter issued to you.
  • "User" or "you" — any individual or entity accessing this Website or engaging our Services.
  • "Engagement Letter" — the written document that formalises the terms of a specific professional engagement between you and Kemuncak.
  • "Content" — all text, images, documents, and other material published on this Website by Kemuncak.

2. Acceptance of Terms

By accessing this Website or enquiring about our Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, together with our Privacy Policy and Cookie Policy.

If you do not agree with any part of these terms, you should discontinue use of this Website and not submit any enquiry.

By using this Website or requesting our Services, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement under the laws of Malaysia.


3. Description of Services

Kemuncak provides estate and inheritance legal counsel to individuals and families in Malaysia. Our current service offerings include:

  • Estate and Inheritance Position Session — a considered advisory consultation covering will preparation, civil and Faraid distribution, nominations, lifetime gifts, and probate processes.
  • Probate and Letters of Administration Counsel — support for executors and administrators through the formal post-death legal processes.
  • Complete Estate Stewardship Engagement — comprehensive advice and administration for complex or substantial estate matters.

The full scope of any specific engagement will be defined in a written Engagement Letter issued prior to commencement of work. Website descriptions are for general information only and do not constitute an offer of services.

Our services are presently offered to clients with matters governed by or connected to Malaysian law. Availability may vary depending on the nature of your matter.


4. Professional Engagement

A professional relationship between you and Kemuncak is only formed upon both parties signing a written Engagement Letter. Submitting an enquiry through this Website, or receiving a response from us, does not in itself constitute legal advice or create a solicitor-client relationship.

We reserve the right to decline any enquiry or engagement at our discretion, including where there is a conflict of interest, where the matter falls outside our current areas of counsel, or where we are otherwise unable to assist.

All advice provided within a formal engagement is tailored to the specific facts provided to us. Advice should not be relied upon by third parties or applied to circumstances different from those for which it was given.


5. User Responsibilities

When using this Website or engaging our Services, you agree to:

  • Provide accurate, complete, and current information in all communications and forms.
  • Use this Website for lawful purposes only, in a manner that does not infringe the rights of others.
  • Not attempt to access, alter, or disrupt any part of this Website's technical infrastructure.
  • Not transmit unsolicited commercial communications or automated queries through this Website.
  • Notify us promptly if information you have provided changes or you become aware of an inaccuracy.

Where an engagement requires your ongoing cooperation — such as the provision of documents, estate information, or responses to correspondence — unreasonable delay may affect the progress and outcome of your matter. We will advise you if this becomes a concern.


6. Fees and Payment

Our service fees are stated in Malaysian Ringgit (RM) and are set out on our website and confirmed in the Engagement Letter prior to work commencing.

Estate and Inheritance Position Session RM 255
Probate and Letters of Administration Counsel RM 720
Complete Estate Stewardship Engagement RM 1,400

Payment terms, accepted methods, and invoicing arrangements will be confirmed in the Engagement Letter. Fees are non-refundable once work on the engagement has commenced, unless otherwise specified in writing.

Where unforeseen complexity arises — for example in contested matters or multi-jurisdictional estates — we will discuss any fee adjustment with you before proceeding with additional work.

All fees are subject to applicable Malaysian taxes, including Sales and Service Tax (SST) where required by law.


7. Intellectual Property

All content on this Website — including text, design, layout, graphics, and published guidance — is the intellectual property of Kemuncak or its licensors. No part of this Website may be reproduced, distributed, or adapted without our prior written permission.

You are granted a limited, non-exclusive, non-transferable licence to access and view this Website for your personal, non-commercial use only. This licence does not extend to any systematic downloading, mirroring, or republication of Website content.

Documents prepared for you within a formal engagement — such as drafted wills, trust instruments, or letters of administration — are provided for your personal use in connection with that engagement. Secondary distribution or use for purposes other than those for which they were prepared is not permitted without our agreement.


8. Confidentiality

We treat all information shared with us in the course of your engagement with the strictest confidentiality. We will not disclose details of your matter, personal circumstances, or instructions to any third party without your consent, except where disclosure is required by law or by the rules of our professional body.

This confidentiality commitment is without time limit and extends beyond the conclusion of your engagement with us.

Where you share information through this Website prior to a formal engagement being established, we will handle that information in accordance with our Privacy Policy.


9. Disclaimers

The content on this Website is provided for general information purposes only. It does not constitute legal advice and should not be relied upon as such. Legal matters vary considerably depending on individual circumstances, and no general publication can substitute for tailored professional counsel.

We make reasonable efforts to ensure that Website content is accurate and current, but we make no representations about its completeness, suitability for a particular purpose, or freedom from error. The law may change, and we may not update Website content immediately to reflect such changes.

References to legal outcomes, process timelines, or case types on this Website are illustrative of the kinds of matters we assist with. They are not representations of what any particular client can expect from their own circumstances.


10. Limitation of Liability

To the fullest extent permitted by Malaysian law, our total liability to you arising from or in connection with your use of this Website or our Services — whether in contract, tort, or otherwise — shall not exceed the fees paid by you for the specific engagement to which the liability relates.

We shall not be liable for:

  • Loss of income, profits, contracts, data, or goodwill
  • Indirect or consequential losses arising from your use of this Website
  • Losses arising from events outside our reasonable control, including acts of government, natural events, or technical disruption
  • Losses arising from reliance on Website content not accompanied by a formal written engagement

Nothing in these terms limits liability for fraud, personal injury caused by negligence, or any other liability that cannot lawfully be excluded.


11. Indemnification

You agree to indemnify and hold harmless Kemuncak, its principals, and associated staff from and against any claims, damages, costs, or liabilities (including reasonable legal fees) arising from:

  • Your use of this Website in breach of these Terms
  • Information you provide to us that is false, misleading, or withheld
  • Violation of any third party's rights through your use of this Website

12. Termination of Engagement

Either party may bring a formal engagement to a close by providing reasonable written notice to the other, subject to the terms set out in the Engagement Letter.

We may withdraw from an engagement with appropriate notice where continued representation would be professionally inappropriate, where instructions are unclear or conflict with our professional obligations, or where fees remain outstanding without resolution.

Upon conclusion or withdrawal, we will take steps to ensure that any time-sensitive matters are not prejudiced by the transition, and we will return your documents and property upon request, subject to any lien that may apply.

Provisions of these Terms relating to intellectual property, confidentiality, liability, and governing law will continue to apply after the end of any engagement.


13. Governing Law and Disputes

These Terms and Conditions, and any dispute arising from them or from your use of this Website or our Services, shall be governed by and construed in accordance with the laws of Malaysia.

In the event of a dispute, we encourage you to contact us in the first instance to seek an informal resolution. We are committed to addressing concerns promptly and with care.

If informal resolution is not achieved, disputes shall be subject to the non-exclusive jurisdiction of the courts of Malaysia, with proceedings conducted in the English language unless otherwise agreed.

Where both parties agree, disputes may alternatively be referred to mediation under the auspices of the Asian International Arbitration Centre (AIAC) or another mutually agreed mediator.


14. General Provisions

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, and any Engagement Letter, constitute the entire agreement between you and Kemuncak regarding your use of this Website and our Services.

Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable without affecting the validity and enforceability of the remaining provisions.

No waiver. Our failure to enforce any right or provision under these Terms shall not be construed as a waiver of those rights on any future occasion.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our obligations where appropriate in connection with a restructuring of the practice, provided that your rights are not materially affected.

Notices. Formal notices under these Terms should be sent in writing to our address at Level 11, Wisma BU8, 11 Lebuh Bandar Utama, 47800 Petaling Jaya, or by email to [email protected].


15. Changes to These Terms

We may update these Terms from time to time to reflect changes in the law, our services, or our operating practices. Updated Terms will be published on this page with a revised "Last updated" date.

Where changes are material, we will take reasonable steps to draw them to your attention. Your continued use of this Website after the updated Terms have been posted will be treated as acceptance of those changes.

For ongoing engagements, any material changes to the terms governing that engagement will be discussed with you directly before taking effect.


16. Contact

Questions about these Terms, or requests relating to your legal engagement, may be directed to us through any of the following:

Legal Enquiries

[email protected]

Telephone

+60 4-3287 6594

Address

Level 11, Wisma BU8, 11 Lebuh Bandar Utama, 47800 Petaling Jaya, Selangor, Malaysia