Legal

Terms & Conditions

Last updated: 12 May 2025  ยท  Effective date: 12 May 2025

Please read these terms carefully before using our website or engaging Kemuning for consulting services. By accessing this website or entering into a consulting engagement with us, you agree to the terms set out below.

1. Definitions

  • "Kemuning", "we", "us", "our" โ€” refers to Kemuning, a business consulting practice based in Kota Bharu, Kelantan, Malaysia.
  • "Services" โ€” the consulting engagements offered by Kemuning, including First Stone, Crossing Review, and Crossing Partnership.
  • "Client", "you", "your" โ€” any person or business entity that accesses this website or engages Kemuning for Services.
  • "Website" โ€” the Kemuning website accessible at this domain.
  • "Agreement" โ€” these Terms & Conditions, together with any written engagement letter or service confirmation.
  • "Content" โ€” all materials published on this website, including text, documents, and written summaries.

2. Acceptance of Terms

By using this website or engaging our Services, you confirm that:

  • You are at least 18 years of age, or acting on behalf of a business entity with the authority to enter agreements.
  • You have the legal capacity to agree to and be bound by these terms.
  • You have read and understood this Agreement.

If you do not agree to these terms, please do not use this website or engage our Services.

3. Services Description

Kemuning provides business consulting services to small business owners in Malaysia. Our current service offerings are:

  • First Stone (RM 690) โ€” a single working session with a written summary and clear first steps. Suited to owners seeking a starting point for a pressing challenge.
  • Crossing Review (RM 1,850) โ€” a five-week engagement with two sessions and a written step plan. Suited to owners facing a larger change they wish to approach gradually.
  • Crossing Partnership (RM 3,300) โ€” a six-month advisory relationship with monthly sessions, quarterly reviews, and ongoing support. Suited to owners who want steady guidance across a sustained period of change.

We reserve the right to modify, suspend, or discontinue any service offering with reasonable notice. Service availability is subject to capacity and scheduling.

4. Engaging Our Services

An engagement with Kemuning begins when:

  • You submit a contact enquiry and we confirm the engagement in writing; or
  • You receive and accept a written engagement letter or proposal from us; and
  • Payment (or an agreed partial payment) is received.

You agree to provide accurate and complete information during the engagement process. The quality of our work depends on the information you share with us.

5. Payment Terms

  • All prices are quoted in Malaysian Ringgit (RM) and are inclusive of any applicable taxes unless otherwise stated.
  • Payment terms (including instalment arrangements, if offered) will be specified in your engagement letter.
  • Unless otherwise agreed in writing, payment is due before the first session of each engagement.
  • We accept payment via bank transfer and other methods confirmed at time of engagement.
  • Late payment may result in the postponement of scheduled sessions until the outstanding balance is settled.

6. Cancellations and Refunds

We understand that circumstances change. Our approach to cancellations is as follows:

  • Rescheduling: Sessions may be rescheduled with at least 48 hours' notice at no charge. Late rescheduling (less than 48 hours) will be treated as a session used.
  • Client-initiated cancellation: If you cancel an engagement before work has commenced, we will refund the amount paid less any costs we have incurred. Once work has commenced, refunds are assessed on a case-by-case basis.
  • Kemuning-initiated cancellation: If we are unable to complete an engagement due to our own circumstances, we will provide a full refund for any unused portion.

Refund requests should be directed to [email protected].

7. Confidentiality

We take client confidentiality seriously. Information you share with us during an engagement:

  • Will not be disclosed to third parties without your consent, except where required by law.
  • Will be used only for the purpose of delivering the agreed Services.
  • Will be handled in accordance with our Privacy Policy.

We may use anonymised, non-identifiable insights from engagements to inform our general practice. No client will be identifiable from any such use.

8. Intellectual Property

All content on this website โ€” including text, design, structure, and written materials โ€” is the intellectual property of Kemuning or its content providers.

  • You may not reproduce, distribute, or republish any content from this website without prior written permission.
  • Written summaries, step plans, and documents produced as part of your engagement are provided for your personal business use. They may not be resold or shared commercially.
  • You retain ownership of any business information you share with us during an engagement.

9. Acceptable Use

When using this website, you agree not to:

  • Use the website in any way that violates applicable Malaysian law.
  • Attempt to gain unauthorised access to any part of the website or its systems.
  • Transmit unsolicited commercial communications via the contact form.
  • Misrepresent your identity or affiliation when submitting an enquiry.
  • Use automated tools to scrape or harvest data from the website.

10. Disclaimers

Our consulting services offer perspective, structured thinking, and practical guidance. We do not make any representations that:

  • Our advice will produce specific financial or commercial outcomes.
  • All recommendations will be suitable for your particular circumstances at all times.
  • Information on this website is complete, current, or error-free.

This website and its content are provided on an "as is" basis. We exclude all warranties, conditions, and representations to the extent permitted by Malaysian law.

Our consulting services are not a substitute for professional legal, financial, tax, or medical advice. Where such advice is needed, we will say so clearly.

11. Limitation of Liability

To the extent permitted by law:

  • Kemuning's total liability for any claim arising from or related to an engagement shall not exceed the fees paid for that specific engagement.
  • We are not liable for indirect, consequential, or incidental losses, including lost profits or business interruption.
  • We are not liable for outcomes resulting from your decisions made on the basis of our advice.
  • Force majeure events (circumstances beyond our reasonable control) suspend our obligations for the duration of that event.

12. Indemnification

You agree to indemnify and hold harmless Kemuning and its associates from any claims, losses, or expenses (including reasonable legal fees) arising from your use of this website, breach of these terms, or misrepresentation of your circumstances during an engagement.

13. Termination

  • Either party may terminate an engagement by providing written notice. Fees for work already completed will not be refunded.
  • We reserve the right to decline or discontinue services where we believe a productive working relationship is not feasible, with any prepaid unused fees refunded.
  • Clauses relating to confidentiality, intellectual property, limitation of liability, and governing law survive the termination of any engagement.

14. Governing Law and Dispute Resolution

These terms are governed by the laws of Malaysia. Any disputes arising from or related to these terms or our Services shall be:

  • First addressed through direct, informal discussion between the parties in good faith.
  • If unresolved within 30 days, referred to mediation under the auspices of the Malaysian Mediation Centre or a mutually agreed mediator.
  • Subject to the exclusive jurisdiction of the courts of Malaysia if mediation does not resolve the matter.

15. General Provisions

  • Entire Agreement: These terms, together with any engagement letter, constitute the full agreement between you and Kemuning for the matters covered.
  • Severability: If any provision of these terms is found unenforceable, the remaining provisions continue in full effect.
  • Waiver: Our failure to enforce any provision does not constitute a waiver of our right to do so in future.
  • Assignment: You may not assign any rights under these terms without our written consent. We may assign our rights with reasonable notice.
  • Notices: Formal notices should be directed to us via email at [email protected] or by post to our registered address.

16. Changes to These Terms

We may update these terms from time to time. Any changes will be posted on this page with a revised "Last updated" date. For active engagements, we will notify you of material changes directly. Your continued use of this website or our Services after a change constitutes acceptance of the updated terms.

17. Contact

For questions or concerns regarding these terms, please contact us: