Legal
Terms & Conditions
Last Updated: 28 April 2025 · Effective: 28 April 2025
Contents
1. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- "Agreement" means these Terms and Conditions together with any engagement letter or scope of work document agreed between the parties.
- "We", "Us", "Our" means Tuah Partners, a business advisory practice with its principal office at 89, Persiaran Gurney, 10250 George Town, Pulau Pinang, Malaysia.
- "Client", "You", "Your" means the individual or entity that has engaged our services or uses this website.
- "Services" means the advisory, consulting, and related services described on this website and in any engagement letter.
- "Deliverables" means any written materials, frameworks, briefs, or reflections produced by us in the course of an engagement.
- "Confidential Information" means all non-public information disclosed by either party in connection with an engagement.
2. Acceptance of Terms
By using this website or engaging our Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not proceed with an engagement.
Our Services are intended for principals and organisations making consequential business or personal decisions. By proceeding, you represent that:
- You are at least 18 years of age;
- You have the legal capacity and authority to enter into this Agreement, whether on your own behalf or on behalf of the organisation you represent; and
- The information you provide to us is accurate to the best of your knowledge.
3. Service Description
Tuah Partners provides business advisory services to principals and organisations in Malaysia and, where appropriate, across the wider region. Our current service offerings include:
- Family Office Establishment Brief — a structured advisory engagement covering governance, custody, and reporting structure for principals formalising a family office arrangement.
- Restructuring Conversation — an advisory engagement examining cost base, capital structure, or organisational form for firms that have not yet committed to a particular path.
- Quiet Listening Session — a single confidential meeting for a leader carrying a question not yet discussed with their board, family, or team.
The scope, deliverables, and duration of each engagement are as described on this website and, where applicable, in a separate engagement letter. We reserve the right to decline any engagement at our discretion.
We do not provide legal, accounting, tax, or investment advice. Where our work touches on such matters, we will recommend that you consult appropriately qualified professionals.
4. Client Responsibilities
To enable us to provide our Services effectively, you agree to:
- Provide complete and accurate information relevant to the engagement;
- Make appropriate principals or decision-makers available for consultations;
- Respond to reasonable requests for information within agreed timeframes;
- Use our Deliverables only for the purposes for which they were prepared; and
- Not represent our Deliverables as constituting legal, accounting, or investment advice.
You agree not to use this website or our Services for any unlawful purpose, including but not limited to:
- Providing false or misleading information in connection with an engagement;
- Attempting to circumvent applicable laws or regulations; or
- Using our Deliverables in a manner that may cause harm to third parties.
5. Intellectual Property
All intellectual property rights in the content of this website — including text, structure, and design — are owned by or licensed to Tuah Partners. You may not reproduce, distribute, or adapt website content without our prior written consent.
Deliverables produced during an engagement are provided to you under a limited, non-exclusive, non-transferable licence for your internal use. Unless otherwise agreed in writing, ownership of Deliverables remains with Tuah Partners.
You retain ownership of any information, documents, or data you provide to us in the course of an engagement. By providing such materials, you grant us a limited licence to use them solely for the purpose of providing the Services.
6. Fees and Payment
Our fees are as stated on this website at the time of engagement. All fees are denominated in Malaysian Ringgit (MYR) and are exclusive of any applicable taxes unless otherwise stated.
Payment terms will be set out in the engagement letter. Unless otherwise agreed:
- A deposit may be required prior to commencement of work;
- The balance is due upon completion of the engagement or as otherwise specified; and
- Payment is accepted by bank transfer to our designated account.
We reserve the right to pause or discontinue work if payment is not received in accordance with agreed terms.
Given the nature of our advisory Services — which involve the allocation of professional time and preparation — fees are generally non-refundable once work has commenced. We will consider requests for adjustment on a case-by-case basis where circumstances warrant.
7. Engagement Terms
Each engagement is governed by these Terms and Conditions and, where issued, by an engagement letter that specifies the scope, deliverables, timeline, and fee. In the event of any inconsistency, the engagement letter prevails.
We will conduct our work with reasonable care and in accordance with the standards reasonably expected of a competent advisory practice. We do not represent that our Deliverables will lead to any particular commercial outcome.
Where changes to the scope of an engagement are requested, these will be discussed and documented in writing before additional work proceeds.
8. Confidentiality
We treat all information shared with us in the course of an engagement as strictly confidential. We will not disclose your Confidential Information to any third party without your prior written consent, except where required by law or regulation.
You agree to treat as confidential any methodologies, approaches, or proprietary frameworks we share with you in the course of providing our Services.
This confidentiality obligation survives the termination of any engagement for a period of five years, unless otherwise agreed in writing.
9. Disclaimers
Our Services and website content are provided on an "as is" basis. While we take care to ensure the quality of our work, we do not make any representation or warranty that:
- Our Deliverables will achieve any particular commercial result;
- Information on this website is complete, current, or free from error; or
- Our advisory work constitutes or replaces legal, accounting, investment, or tax advice.
The weight to be given to our analysis and the decisions made in response to our work remain, at all times, with you. We equip principals to choose — we do not choose for them.
10. Limitation of Liability
To the extent permitted by Malaysian law, our aggregate liability to you arising out of or in connection with any engagement — whether in contract, tort, or otherwise — shall not exceed the total fees paid by you for that engagement.
We shall not be liable for:
- Indirect, consequential, or special losses;
- Loss of profits, revenue, or anticipated savings;
- Loss of business or commercial opportunities; or
- Losses arising from your reliance on our Deliverables in circumstances beyond the scope of the engagement.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable Malaysian law.
11. Indemnification
You agree to indemnify and hold harmless Tuah Partners, its principals, and associates from any claims, losses, or expenses (including reasonable legal costs) arising from:
- Your breach of these Terms and Conditions;
- Your use of our Deliverables in a manner inconsistent with their intended purpose; or
- Any misrepresentation made by you in the course of an engagement.
12. Termination
Either party may terminate an engagement by written notice if:
- The other party materially breaches these Terms and fails to remedy that breach within fourteen days of written notice; or
- The other party becomes insolvent or ceases to carry on business.
We may also decline to continue an engagement if, in our reasonable professional judgement, doing so would be inconsistent with our obligations or values.
Upon termination, fees for work completed to the date of termination remain payable. Provisions of these Terms that are intended to survive termination — including confidentiality, intellectual property, and limitation of liability — shall do so.
13. Governing Law and Disputes
These Terms and Conditions and any engagement are governed by the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any disputes arising from or connected with these Terms.
Before commencing any formal proceedings, we encourage both parties to attempt to resolve any dispute through direct discussion. If a dispute cannot be resolved informally within thirty days, either party may refer it to mediation under the rules of the Malaysian Mediation Centre before resorting to litigation.
This clause does not prevent either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
14. General Provisions
- Entire agreement. These Terms, together with any engagement letter, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior discussions and representations.
- Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
- Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in the future.
- 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 transfer of our practice.
- Notices. Notices under these Terms shall be in writing and delivered by email to the addresses agreed in the engagement letter, or by post to our registered address.
- No partnership. Nothing in these Terms creates a partnership, joint venture, or agency relationship between the parties.
15. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practice, services, or applicable law. The revised Terms will be posted on this page with an updated effective date.
For active engagements, material changes to these Terms will be communicated directly. Continued engagement after notice of changes constitutes acceptance of the revised Terms.
16. Contact
For questions regarding these Terms and Conditions, please write to us at:
Tuah Partners
89, Persiaran Gurney
10250 George Town, Pulau Pinang
Malaysia