Legal

Terms & Conditions

Consulara ยท Last Updated: 10 February 2025 ยท Effective Date: 10 February 2025

These Terms and Conditions govern your use of the Consulara website and the provision of consulting services by Consulara. By accessing our website or engaging our services, you indicate that you have read and agree to these terms. If you do not agree, please do not use our website or services.

1. Definitions

  • "Consulara", "we", "us", "our" โ€” refers to the consulting practice operating under the name Consulara, based in George Town, Penang, Malaysia.
  • "You", "User", "Client" โ€” refers to any individual or organization accessing our website or engaging our services.
  • "Services" โ€” refers to the consulting engagements described on our website, including Regulatory Compliance Advisory, Supply Chain Optimization Consulting, and Crisis Preparedness Planning.
  • "Agreement" โ€” refers to these Terms and Conditions together with any engagement-specific proposal or scope document agreed between us.
  • "Content" โ€” refers to all materials, documents, reports, and outputs produced by Consulara during or as a result of an engagement.

2. Acceptance of Terms

By using our website or submitting an enquiry, you confirm that you are at least 18 years of age and have the legal capacity to enter into binding agreements. Organizations using our services confirm that the individual engaging us has authority to bind the organization to these terms.

Acceptance of an engagement proposal and commencement of consulting services constitutes agreement to these terms and to the specific scope and fees outlined in the relevant proposal document.

3. Service Description and Availability

Consulara provides business consulting services in the areas of regulatory compliance, supply chain management, and crisis preparedness. Services are delivered primarily to organizations based in Malaysia, with remote or on-site availability depending on engagement scope and geography.

We reserve the right to decline any engagement enquiry at our discretion, including where a conflict of interest exists or where the requested scope falls outside our practice areas.

4. Engagement Scope and Changes

Each engagement is conducted according to a written scope document agreed before work begins. Changes to scope โ€” including expansions of deliverables, additional sessions, or changes to objectives โ€” require a written variation agreement and may affect fees and timelines.

We will not commence work outside the agreed scope without prior written confirmation from both parties.

5. User Responsibilities

You agree to provide accurate information in connection with your enquiry or engagement, to make relevant personnel available for interviews and review sessions as required, and to review and provide timely feedback on draft deliverables.

You agree not to misrepresent your organization's situation, use our services for any unlawful purpose, or attempt to engage Consulara in activities that conflict with professional ethical standards.

6. Intellectual Property

All methodologies, frameworks, and proprietary tools used by Consulara remain the intellectual property of Consulara. Deliverables produced for you in the course of an engagement โ€” such as gap reports, roadmaps, and playbooks โ€” are provided for your organization's internal use under a limited, non-transferable license.

You may not reproduce, distribute, or share Consulara deliverables externally (including with third parties) without our prior written consent.

7. Payment Terms

Fees are quoted in Malaysian Ringgit (MYR) and confirmed in writing before engagement commencement. Payment terms are specified in each engagement proposal. We typically require a deposit before work begins, with the balance due on delivery of final outputs.

All fees are exclusive of applicable taxes. Late payments may incur a reasonable late payment charge as specified in the engagement proposal.

Refunds are not available once engagement work has commenced, except where Consulara is unable to deliver the agreed scope due to circumstances within our control.

8. Professional Advice Disclaimer

Our advisory outputs represent professional consulting opinion based on the information available to us at the time of the engagement. They do not constitute legal advice, regulatory determinations, or financial advice. You remain responsible for the implementation of any recommendations and for compliance with applicable laws and regulations. Consulara is not liable for outcomes arising from decisions made based on our recommendations.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law, Consulara's total liability arising from or in connection with any engagement shall not exceed the total fees paid by you for that engagement.

We are not liable for indirect, consequential, or incidental losses, including loss of business, loss of revenue, or reputational harm, even if we have been advised of the possibility of such losses.

10. Confidentiality

Consulara and the client each agree to keep confidential all proprietary information received from the other party in connection with an engagement. This obligation survives termination of the engagement. Engagement-specific confidentiality terms are formalized through a mutual non-disclosure agreement signed at the commencement of each engagement.

11. Termination

Either party may terminate an engagement by providing 14 days written notice. In the event of termination, you will be invoiced for work completed to the date of termination, proportionate to the total engagement fee.

Consulara may terminate an engagement immediately and without liability where a client has provided materially false information or where continuation would conflict with our professional obligations.

12. Governing Law and Disputes

These Terms are governed by the laws of Malaysia. Any dispute arising from these terms or from a consulting engagement shall first be subject to good-faith negotiation between the parties.

If informal resolution is not achieved within 30 days, disputes shall be submitted to the jurisdiction of the courts of Malaysia, with Penang as the preferred venue.

13. Changes to These Terms

We may update these Terms from time to time. The version in effect at the time of engagement commencement shall govern that engagement. Updated terms apply to new engagements from the date of publication.

Contact for Legal Enquiries

For questions about these Terms or contractual matters:

Consulara
5, Lebuh Pantai, 10300 George Town, Penang, Malaysia
Email: [email protected]
Phone: +60 4-2637 9185