Terms & Conditions

1. Definitions

For the purposes of these Terms & Conditions, the following definitions apply throughout:

• "Agreement" — these Terms & Conditions together with any engagement letter, retainer agreement, or service confirmation issued by Damai Resolve.
• "We / Us / Our" — Damai Resolve, a dispute resolution and mediation practice operating at No. 42, Jalan Gurdwara, 10300 George Town, Penang, Malaysia.
• "You / Client" — any individual, company, or entity that engages Damai Resolve for services or uses this website.
• "Service" — any mediation, arbitration advisory, or civil litigation strategy service provided by Damai Resolve as described in our service schedule.
• "Website" — the online presence of Damai Resolve accessible at https://damaires.info.
• "Session" — a scheduled mediation or advisory meeting between the parties and a Damai Resolve practitioner.
• "Settlement Agreement" — a written agreement reached by disputing parties through the mediation process, documenting the terms of resolution.

2. Acceptance of Terms

Your engagement with Damai Resolve — whether by submitting an enquiry form, entering into a retainer, or using our website — constitutes your acceptance of these Terms & Conditions.

• You must be at least 18 years of age and have the legal capacity to enter into binding agreements.
• If you are acting on behalf of a company or organisation, you represent that you have authority to bind that entity.
• Use of this website does not constitute the formation of a solicitor-client relationship. A formal engagement is initiated only upon issuance and acceptance of a retainer or engagement letter.

3. Service Description

Damai Resolve provides the following core services:

Service availability is subject to practitioner capacity and geographic scope. Damai Resolve serves matters primarily within Peninsular Malaysia. Cross-border engagements are assessed on a case-by-case basis.

4. User Responsibilities

Clients and website users are expected to act in good faith and in accordance with applicable Malaysian law. The following conduct is prohibited:

• Providing false, misleading, or incomplete information in connection with any service engagement.
• Using this website or our services for any unlawful, fraudulent, or improper purpose.
• Attempting to interfere with the mediation or arbitration process in bad faith.
• Sharing or disclosing confidential information obtained during mediation proceedings without consent.
• Engaging in conduct that obstructs or intimidates opposing parties, mediators, or practitioners.
• Reproducing, distributing, or commercially exploiting any content from this website without prior written consent.

Breach of these responsibilities may result in immediate termination of services and, where applicable, referral to relevant professional or regulatory authorities.

5. Engagement & Retainer

• Formal Engagement: A practitioner-client relationship commences only upon the execution of a written engagement letter or retainer agreement, which will specify scope, fees, and terms specific to your matter.
• Preliminary Enquiries: Responses to general enquiries do not constitute legal advice and do not establish a practitioner-client relationship.
• Scope of Work: Any material changes to the agreed scope will be documented in a written variation to the engagement letter before work proceeds.
• Conflict of Interest: Damai Resolve reserves the right to decline or withdraw from any engagement where a conflict of interest is identified that cannot be appropriately managed.

6. Intellectual Property

All content on this website — including text, design elements, methodologies, templates, and materials — is the intellectual property of Damai Resolve or its licensors, protected under Malaysian copyright law.

You are granted a limited, non-exclusive, non-transferable licence to access and use this website for personal, non-commercial purposes. This licence does not permit:

• Copying, reproducing, or distributing website content for commercial purposes.
• Modifying or creating derivative works from our materials.
• Presenting our content as your own or misrepresenting its origin.

Documents and agreements produced in the course of your engagement remain subject to confidentiality obligations and are for your personal use only unless otherwise agreed in writing.

7. Payment Terms

• Fees: Service fees are quoted in Malaysian Ringgit (MYR) and are subject to the rates specified in your engagement letter. Indicative pricing shown on this website is for reference only and may vary based on matter complexity.
• Payment Schedule: Unless otherwise agreed, an initial retainer deposit is required before work commences. Subsequent invoices are payable within 14 days of issuance.
• Accepted Methods: Payment may be made by bank transfer to Damai Resolve's designated account. Details will be provided in your engagement letter.
• Disbursements: Costs such as filing fees, translation services, third-party expert fees, and travel expenses are chargeable separately and will be communicated in advance.
• Refund Policy: Retainer deposits are non-refundable once work has commenced, except where Damai Resolve is unable to proceed due to conflict of interest or other internal reasons. Refund requests are assessed on a case-by-case basis, and any unused portion of prepaid fees may be refunded at our discretion.

8. Confidentiality

Mediation proceedings conducted by Damai Resolve are confidential in nature. In accordance with the Mediation Act 2012, communications made during mediation — including statements, admissions, and documents shared — are not admissible as evidence in subsequent court or arbitration proceedings.

• All parties to a mediation engagement are required to execute a confidentiality undertaking before proceedings commence.
• Damai Resolve practitioners maintain strict professional confidentiality with respect to client information.
• Confidentiality obligations survive the conclusion of any engagement and remain binding unless disclosure is required by law or court order.

9. Disclaimers

• No Outcome Assurance: Damai Resolve does not represent or imply that any particular outcome will be achieved through mediation, arbitration, or litigation. Dispute resolution processes are inherently uncertain, and outcomes depend on multiple factors outside our control.
• Website Information: Content on this website is provided for general informational purposes only. It does not constitute legal advice and should not be relied upon as such without independent professional consultation.
• "As Is" Basis: The website is provided on an "as available" basis. We make no representations regarding uninterrupted access, accuracy of all content at any given time, or freedom from technical errors.
• Third-Party Links: This website may contain links to external resources. Damai Resolve does not endorse or accept responsibility for the content or practices of third-party sites.

10. Limitation of Liability

To the extent permitted by Malaysian law, Damai Resolve's total liability to you in connection with any service engagement shall not exceed the fees actually paid by you to Damai Resolve for the specific service giving rise to the claim.

Damai Resolve shall not be liable for:

• Indirect, consequential, incidental, or special damages arising from your use of our services or this website.
• Loss of business, revenue, data, or goodwill.
• Outcomes of court, tribunal, or arbitral proceedings that are beyond our reasonable control.
• Delays caused by court scheduling, opposing party conduct, or regulatory requirements.

Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence, which cannot be excluded under Malaysian law.

11. Indemnification

You agree to indemnify and hold harmless Damai Resolve and its practitioners, employees, and associates from any claims, losses, damages, costs, or expenses (including legal fees) arising from:

• Your breach of these Terms & Conditions.
• Any misrepresentation or material omission in information provided to us.
• Any unlawful or improper use of our services or this website.
• Third-party claims arising from your conduct during or after dispute resolution proceedings.

12. Termination

• By You: You may terminate an engagement at any time by providing written notice. Fees for work completed up to the termination date will remain payable.
• By Damai Resolve: We reserve the right to withdraw from an engagement with reasonable notice where a conflict of interest arises, where instructions cannot be ethically followed, or where fees remain unpaid beyond agreed terms.
• Effect of Termination: Confidentiality obligations, intellectual property rights, and any accrued payment obligations survive termination of the engagement.
• Website Access: We may suspend or restrict access to this website without prior notice if required for maintenance, security, or compliance purposes.

13. Dispute Resolution

These Terms & Conditions are governed by and construed in accordance with the laws of Malaysia.

• Informal Resolution: Should any disagreement arise between you and Damai Resolve regarding these terms or an engagement, we encourage both parties to first seek resolution through direct correspondence.
• Mediation: If informal resolution is not achieved within 30 days, either party may refer the matter to an independent mediator appointed by mutual agreement or under the auspices of the Kuala Lumpur Bar or AIAC.
• Jurisdiction: Any unresolved disputes shall be subject to the exclusive jurisdiction of the courts of Penang, Malaysia.

14. General Provisions

• Entire Agreement: These Terms, together with any engagement letter, constitute the entire agreement between you and Damai Resolve with respect to your use of our services, superseding all prior discussions.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Failure by either party to enforce any provision shall not constitute a waiver of future enforcement rights.
• Assignment: You may not assign your rights or obligations under these Terms without Damai Resolve's prior written consent. We may assign our obligations to a successor entity with reasonable notice.
• Language: These Terms are issued in English. In the event of any conflict arising from translation, the English version shall prevail.

15. Changes to Terms

Damai Resolve reserves the right to update these Terms & Conditions from time to time. When changes are made, the revised version will be published on this page with an updated effective date.

Continued use of our website or services after revisions are published constitutes acceptance of the updated terms. If you have an active engagement with us, material changes will be communicated directly by email. We recommend reviewing this page periodically.

16. Contact Information

If you have questions about these Terms & Conditions, or wish to make a formal enquiry regarding a legal matter, please contact us through any of the following: