Legal
Terms & Conditions
Last Updated: 18 April 2025 · Effective: 18 April 2025 · Sinar Council Sdn. Bhd.
1. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- Agreement — these Terms and Conditions, together with any written engagement agreement entered into between us and a Client
- Client — any organisation or individual that commissions an advisory engagement from us
- Engagement — a specific advisory service, as defined in a written engagement agreement
- Services — the advisory services described on our website and in our engagement documentation
- Website — the website at sinarcous.site
- We / Us / Our — Sinar Council Sdn. Bhd., registered in Malaysia
- You / User — any person accessing our Website or entering into an Engagement with us
2. Acceptance of Terms
By accessing our Website or submitting an enquiry, you agree to be bound by these Terms and Conditions. If you are submitting an enquiry or entering into an Engagement on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms.
Our Services are intended for use by established businesses and their authorised representatives. Users must be at least 18 years of age. We reserve the right to decline enquiries or engagements from any party at our discretion.
3. Description of Services
Sinar Council provides advisory services to Malaysian agribusiness firms. Our current service offerings, as described on this Website, are:
- Agribusiness Strategy Review — a four-week engagement at RM 660
- Cooperative and Smallholder Engagement Advisory — a ten-week engagement at RM 2,150
- Land and Resource Operations Review — a five-month engagement at RM 3,300
Services are available primarily to firms operating in Malaysia. Where an engagement requires travel to East Malaysia, this is addressed in the relevant engagement agreement. We do not advise on tax law, land law, or regulatory compliance — these remain the responsibility of the Client's specialised legal and professional counsel.
4. Website Use
You may access and use our Website for the purpose of learning about our services and submitting enquiries. You must not:
- Use the Website in any way that is unlawful, harmful, or disruptive
- Attempt to gain unauthorised access to any part of the Website or its underlying systems
- Transmit any content that is offensive, defamatory, or in breach of any third-party rights
- Use automated tools to scrape, copy, or republish content from the Website without our written consent
We reserve the right to suspend or restrict access to the Website for any user who breaches these terms.
5. Intellectual Property
All content on this Website — including text, design, structure, and visual elements — is the intellectual property of Sinar Council Sdn. Bhd. or is used with appropriate permission. You may not reproduce, distribute, or adapt this content without our prior written consent.
Deliverables produced under an Engagement (written summaries, frameworks, review documents) are provided to the Client for their internal use only. The Client may not reproduce, distribute, or publish these deliverables without our prior written consent. We retain the intellectual property in the methodology and analytical frameworks underlying the deliverables.
6. Payment Terms
All fees are stated in Malaysian Ringgit (RM) and are subject to any applicable taxes. Payment terms for each Engagement are set out in the written engagement agreement. Standard terms are as follows:
- A deposit of 50% of the engagement fee is due upon execution of the engagement agreement
- The remaining 50% is due upon delivery of the final written deliverable
- Payment is accepted by bank transfer to our designated account
- Invoices are due within 14 days of issue
We reserve the right to suspend work on an Engagement where payment is overdue by more than 14 days. Where expenses are to be billed separately (as specified in the engagement agreement), these are invoiced at cost with supporting documentation.
Refunds and cancellations
If a Client cancels an Engagement before work has commenced, the deposit is refundable in full. Once work has commenced, the deposit is non-refundable. If we are unable to complete an Engagement through our own fault, we will refund any portion of the fee corresponding to work not completed.
7. Engagement-Specific Terms
Each Engagement is governed by a written engagement agreement that defines the specific scope, deliverables, timeline, and price. The following general terms apply across all Engagements:
- Scope changes require written agreement from both parties before additional work proceeds
- The Client must provide reasonable access to relevant documentation and personnel to enable the Engagement to proceed
- Delays caused by the Client's unavailability may extend the Engagement timeline; we will communicate any such extension in writing
- We do not provide advice on legal, tax, or regulatory matters; clients are responsible for obtaining such advice from appropriately qualified professionals
- Deliverables are written in English unless otherwise agreed in the engagement agreement
8. Confidentiality
Each engagement agreement includes confidentiality provisions that protect client information for the duration of and following the Engagement. We do not reference client names, operational details, or engagement findings in any external communication without the Client's written consent.
Clients are similarly expected to treat our methods, analytical frameworks, and proprietary processes as confidential and not to disclose them to third parties without our consent.
9. Disclaimers
Our advisory services represent our professional judgement based on the information available to us at the time of the Engagement. We do not warrant that our assessments will be free from error or that implementing any recommendation will produce a particular outcome. Our deliverables reflect our considered view — they are not a warranty of results.
The Website and its content are provided on an "as is" basis. We do not warrant that the Website will be uninterrupted, error-free, or free of harmful components.
10. Limitation of Liability
To the fullest extent permitted by Malaysian law, our total liability to any Client in connection with an Engagement shall not exceed the total fees paid by that Client for the relevant Engagement.
We shall not be liable for any indirect, consequential, or special loss, including loss of profit or loss of data, arising from use of our Services or Website, even if we have been advised of the possibility of such loss.
Nothing in these terms excludes or limits liability for fraud, death, personal injury caused by negligence, or any other liability that cannot be excluded by law.
11. Force Majeure
We shall not be liable for any delay or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control, including natural disasters, government actions, pandemic conditions, or infrastructure failures. We will notify you promptly of any such circumstances and work to resume performance as soon as practicable.
12. Indemnification
You agree to indemnify and hold harmless Sinar Council Sdn. Bhd., its principals, and its consultants from any claims, losses, or costs (including reasonable legal fees) arising from your breach of these terms or from your misuse of our Website or deliverables.
13. Termination
Either party may terminate an Engagement by written notice. The consequences of termination — including payment obligations for work completed — are set out in the relevant engagement agreement.
We reserve the right to terminate our engagement with any Client immediately and without liability to us if the Client provides materially false information, requests that we act in breach of our professional obligations, or engages in conduct that we reasonably consider to be harmful to our reputation or that of third parties.
14. Dispute Resolution
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. In the event of a dispute arising out of or in connection with these terms or any Engagement, the parties agree to first seek to resolve the matter through good-faith discussion within 30 days of written notice of the dispute.
If the dispute is not resolved through discussion, either party may refer it to mediation through the Malaysian Mediation Centre, or to the courts of Malaysia. The parties submit to the non-exclusive jurisdiction of the Malaysian courts.
15. General Provisions
- Entire agreement: These terms, together with any written engagement agreement, constitute the entire agreement between the parties and supersede all prior representations and agreements
- Severability: If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force
- Waiver: Failure to enforce any provision of these terms on one occasion does not constitute a waiver of the right to enforce it on any subsequent occasion
- Assignment: You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights in connection with a business transfer or restructuring
- Notices: Written notices under these terms should be sent to the contact details listed in Section 16
16. Changes to These Terms
We may update these Terms and Conditions from time to time. Updates are effective from the date of publication on the Website. Where changes are material, we will take reasonable steps to notify affected parties. Continued use of the Website following publication of updated terms constitutes acceptance.
17. Contact
For legal and contractual enquiries:
Sinar Council Sdn. Bhd.Suite 21-3, Menara KLK
No 1 Jalan PJU 7/6
47810 Petaling Jaya, Selangor, Malaysia
Email: [email protected]
Telephone: +60 3-7849 6132