Legal Framework
Terms & Conditions
These terms govern the use of the Amanah Counsel website and, where applicable, the engagement of our legal advisory services. Please read them carefully before using our site or contacting us for assistance.
Last Updated: 20 April 2025 | Effective Date: 20 April 2025
1. Definitions
In these Terms & Conditions, the following terms carry the meanings set out below:
- "Amanah Counsel", "we", "us", "our" — the legal advisory practice operating from Level 18, Menara Aria, 35 Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia.
- "Website" — the site located at amanahaa.live and all pages and subpages thereunder.
- "User", "you", "your" — any person who visits our website or contacts us through it.
- "Client" — a person who has entered into a formal service engagement with us.
- "Services" — the pension protection legal advisory services we provide, as described on the Solutions page.
- "Content" — all text, images, documents, and other materials published on the Website.
- "Agreement" — collectively these Terms & Conditions, our Privacy Policy, and any signed letter of engagement between us and a Client.
2. Acceptance of Terms
By accessing or using our Website, you confirm that you have read and understood these Terms and that you agree to be bound by them. If you do not agree, please discontinue use of the Website.
Use of this Website is limited to individuals aged 18 years or above and who have the legal capacity to enter into binding agreements under Malaysian law. By using the Website, you represent that these conditions are met.
3. Description of Services
Amanah Counsel provides pension protection legal advisory services in Malaysia, including but not limited to:
- Pension entitlement review and advisory — assessment of EPF, KWAP, and related pension entitlements
- Pension dispute representation — legal representation in disputes with scheme administrators or employers
- Comprehensive Pension Protection Programme — ongoing advisory for clients with complex retirement arrangements
Services are available to individuals ordinarily resident in Malaysia. Enquiries from outside Malaysia may be considered at our discretion. Availability of specific services is subject to our capacity at the time of enquiry.
3.1 No legal advice through this Website
The information published on this Website is provided for general information purposes only. Nothing on this Website constitutes legal advice, and no solicitor-client relationship is formed by your use of this Website alone. A formal relationship is established only through a signed letter of engagement.
4. User Responsibilities
When using our Website, you agree to:
- Provide accurate and complete information when completing any enquiry or contact form
- Use the Website only for lawful purposes and in a manner that does not infringe the rights of others
- Not attempt to gain unauthorised access to any part of the Website or its associated systems
- Not use the Website to transmit unsolicited commercial communications or malicious content
- Not reproduce, distribute, or commercially exploit any Content from this Website without our prior written consent
5. Intellectual Property
All Content on this Website — including text, graphics, the Amanah Counsel name and branding — is the property of Amanah Counsel or its licensors and is protected by Malaysian copyright and intellectual property law.
You are granted a limited, non-exclusive, non-transferable licence to access and view the Content for personal, non-commercial use. This licence does not permit copying, redistribution, republication, or any other use without our express written consent.
Any document, report, or written advice prepared by Amanah Counsel for a Client remains the intellectual property of Amanah Counsel until fees in respect of that work have been settled in full.
6. Payment Terms
Fee schedules for our services are as published on our Solutions page and confirmed in writing at the commencement of each engagement. All fees are quoted and payable in Malaysian Ringgit (RM).
6.1 Payment method
Payment terms, accepted methods, and any deposit requirements will be set out in the letter of engagement. We do not accept payment without a formal engagement in place.
6.2 Refund policy
Where a consultation has not yet taken place, fees paid in advance may be refunded upon written request, subject to any administrative deductions. Once a consultation or advisory session has been conducted, fees for that session are not refundable. For ongoing engagements, fees relating to completed work are not subject to refund. Any disputes regarding fees should be raised in writing within 14 days of the relevant invoice date.
7. Service Delivery
The scope of each engagement — including deliverables, timelines, and responsibilities of both parties — will be specified in the letter of engagement issued prior to commencement. We endeavour to provide clear and timely communication throughout each matter.
7.1 Confidentiality
All information shared with us in the course of an engagement is treated as strictly confidential. We will not disclose client information to third parties except where required by law, with the client's written consent, or where necessary to deliver the agreed services (e.g. engaging a barrister or specialist consultant).
7.2 Client cooperation
Timely provision of accurate information, documents, and instructions by the Client is necessary for us to fulfil our obligations. We are not responsible for delays or limitations in service delivery arising from incomplete or inaccurate information provided by the Client.
8. Disclaimers
The Website and its Content are provided on an "as is" basis. While we endeavour to keep information accurate and current, we make no representations or warranties — express or implied — as to the completeness, accuracy, or fitness for any particular purpose of any Content published here.
Legal outcomes in any matter depend on facts and circumstances specific to each client. We do not represent that any particular result will be achieved. Our role is to provide considered, evidence-led legal assistance; the ultimate outcome of any legal proceeding remains subject to the relevant decision-maker.
9. Limitation of Liability
To the fullest extent permitted by Malaysian law, Amanah Counsel shall not be liable for any indirect, incidental, or consequential loss or damage arising from your use of the Website or from reliance on any Content published on it.
Our liability to any Client in respect of services provided shall not exceed the total fees paid by that Client for the specific matter in question. Nothing in these Terms limits liability for fraud, wilful misconduct, or as otherwise prohibited by applicable law.
Amanah Counsel is not liable for any failure to perform obligations where such failure arises from circumstances beyond our reasonable control, including natural events, government actions, or disruptions to communications infrastructure.
10. Indemnification
You agree to indemnify and hold harmless Amanah Counsel, its practitioners, and staff from any claims, losses, costs, or expenses (including reasonable legal fees) arising from your misuse of the Website, your breach of these Terms, or your provision of inaccurate information in the course of an engagement.
11. Termination of Engagement
Either party may terminate an engagement by providing written notice to the other. The specific notice period and consequences of termination will be set out in the letter of engagement. In all cases, fees for work completed up to the date of termination remain payable.
We reserve the right to suspend or terminate access to the Website without notice where there is evidence of misuse or breach of these Terms.
Sections of these Terms relating to intellectual property, confidentiality, disclaimers, limitation of liability, and governing law shall survive any termination.
12. Dispute Resolution
These Terms and any dispute arising from them are governed by the laws of Malaysia. The parties submit to the non-exclusive jurisdiction of the courts of Malaysia.
12.1 Informal resolution
Where a dispute arises between a Client and Amanah Counsel, we encourage both parties to first attempt resolution through direct correspondence. Please write to [email protected] outlining the concern. We will endeavour to respond within 10 working days.
12.2 Mediation
Where informal resolution is not achieved, either party may refer the dispute to mediation through the Malaysian Mediation Centre or such other mediator as the parties may agree in writing before commencing formal legal proceedings.
13. General Provisions
- Entire agreement: These Terms, together with any signed letter of engagement and our Privacy Policy, constitute the entire agreement between Amanah Counsel and the User or Client in respect of the matters covered herein.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Failure by either party to enforce any right under these Terms shall not constitute a waiver of that right.
- Assignment: You may not assign any rights or obligations under these Terms without our prior written consent. We may assign our rights in connection with a business restructure, provided this does not materially affect your rights.
- Notices: All formal notices under these Terms should be sent by email to [email protected] or by post to our registered address.
14. Changes to These Terms
We may revise these Terms from time to time. Revised terms will be published on this page with an updated effective date. Where changes are material, we will take reasonable steps to notify active clients. Your continued use of the Website after any revision constitutes acceptance of the updated Terms.
15. Contact
For legal enquiries regarding these Terms, please contact us:
Amanah Counsel
Level 18, Menara Aria, 35 Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia