Legal
Terms & Conditions
Please read these terms carefully before engaging with our services or using our website. By proceeding with an enquiry or entering into a service arrangement with us, you agree to be bound by these terms.
Last Updated: 15 May 2025 · Effective Date: 15 May 2025
1. Definitions
In these Terms and Conditions, the following terms have the meanings assigned to them:
- "Company", "we", "us", "our" refers to Gemilang Usaha, a business consulting practice operating from E-1-6, KL Eco City, Jalan Bangsar, 59200 Kuala Lumpur, Malaysia.
- "Services" refers to the consulting services provided by Gemilang Usaha, including the Quiet Achievement Review, Reputation and Trust Review, and Lasting Companion arrangement.
- "Client", "you", "your" refers to any individual or business entity that engages our services or uses our website.
- "Agreement" refers to any service arrangement entered into between the Company and the Client, including these Terms and Conditions.
- "Website" refers to the site accessible at gemilan.club.
- "Content" refers to all written materials, summaries, notes, and other outputs produced in the course of delivering our Services.
2. Acceptance of Terms
By submitting an enquiry through our website, entering into a service arrangement, or making payment for any service, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy and Cookie Policy.
Our services are intended for business owners and individuals aged 18 and above who have the legal capacity to enter into binding agreements. If you are acting on behalf of a business entity, you confirm that you have authority to bind that entity to these terms.
3. Service Description
Gemilang Usaha offers three consulting services for small business owners in Malaysia:
- Quiet Achievement Review (RM 345): A single consulting session with a written recap note, focused on reviewing business progress and identifying gentle next steps.
- Reputation and Trust Review (RM 820): Two sessions over four weeks, with a written summary addressing how the business is perceived and how trust with customers may be deepened.
- Lasting Companion (RM 1,550 per year): A twelve-month arrangement including monthly meetings, quarterly summaries, and between-session support for business owners seeking steady, ongoing guidance.
Services are delivered primarily in Kuala Lumpur and Selangor. Remote arrangements may be agreed upon in writing. Availability is subject to our schedule and confirmed upon booking.
4. User Responsibilities
As a client, you agree to:
- Provide accurate and complete information relevant to the services you engage.
- Attend scheduled sessions punctually or give reasonable notice if you need to reschedule.
- Use any materials, summaries, or notes produced by us solely for your own business purposes.
- Not misrepresent our relationship, our opinions, or any content we have produced.
- Respect the confidentiality of any information shared by us in the course of our engagement.
Prohibited conduct includes: sharing our proprietary materials with third parties without consent, reproducing our written summaries for commercial redistribution, or engaging us for purposes that are unlawful under Malaysian law.
5. Intellectual Property
All materials, frameworks, templates, and methodologies developed by Gemilang Usaha remain our intellectual property. Written summaries and session outputs produced specifically for you are provided for your personal and business use.
You may retain, reference, and act on outputs we produce for you. You may not reproduce, publish, or distribute our materials — including frameworks, templates, and structured approaches — without our prior written consent.
The content of our website, including text, structure, and design, is protected by applicable Malaysian intellectual property law.
6. Payment Terms
Fees are stated in Malaysian Ringgit (RM) and are inclusive of any applicable service tax where required by law. Payment is due prior to the commencement of services unless otherwise agreed in writing.
Accepted payment methods will be confirmed at the time of booking. For the Lasting Companion arrangement, annual payment is due at the start of each twelve-month period.
If you need to cancel a session with less than 48 hours' notice, we reserve the right to apply a rebooking fee. For the Lasting Companion arrangement, unused sessions in a given month do not carry forward unless agreed otherwise in writing.
Refund requests should be directed to [email protected] and will be considered on a case-by-case basis.
7. Service-Specific Terms
The following terms apply to our consulting services specifically:
- We confirm session dates in writing and any changes to agreed dates require reasonable mutual notice.
- Sessions are conducted in a professional and confidential manner. We may suggest that you allow adequate quiet time before or after sessions to reflect on the discussion.
- Written summaries and recap notes are delivered within the timeframes stated in the service description. Delays caused by circumstances beyond our control will be communicated promptly.
- For the Lasting Companion arrangement, we will propose a review of priorities at the beginning of each quarter. Either party may raise concerns about the engagement at any time without obligation.
- Our consulting outputs are advisory in nature. We do not guarantee any specific business outcome, and we do not act as legal, financial, or accounting advisors.
8. Disclaimers
Our services are provided in good faith based on the information available to us. We do not warrant that outcomes will match any specific expectation or that our suggestions will be suitable for every circumstance.
Nothing we communicate — verbally, in writing, or through our website — constitutes legal, financial, accounting, or investment advice. You are encouraged to seek independent professional advice on matters requiring formal expertise.
Our website is provided on an "as available" basis. We do not warrant that it will be uninterrupted or free from technical errors.
9. Limitation of Liability
To the fullest extent permitted by Malaysian law, Gemilang Usaha's total liability to you in connection with any engagement shall not exceed the total fees paid by you for the specific service giving rise to the claim.
We shall not be liable for indirect, consequential, or incidental losses, including loss of revenue, loss of opportunity, or business interruption, even if we were advised of the possibility of such losses.
Nothing in these terms limits our liability for fraud, death or personal injury caused by our negligence, or any liability that cannot be excluded under Malaysian law.
10. Indemnification
You agree to indemnify and hold harmless Gemilang Usaha, its consultants, and associated parties from any claim, loss, or expense — including reasonable legal fees — arising from your breach of these terms, your misuse of our services, or any misrepresentation you make in connection with our engagement.
11. Termination
Either party may terminate a service arrangement by giving written notice. For single-session services, the session itself constitutes the full arrangement. For the Lasting Companion arrangement, either party may give 30 days' written notice to end the engagement.
If you terminate an ongoing arrangement, you will be charged for services delivered up to the effective date of termination. We will not charge for sessions that had not yet commenced at the time of notice.
Clauses relating to intellectual property, confidentiality, limitation of liability, and dispute resolution shall survive the termination of any arrangement.
12. Dispute Resolution
These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising from our engagement will first be addressed through good-faith discussion between both parties.
If a dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation through an accredited Malaysian mediation provider before pursuing formal legal proceedings.
For unresolved disputes, the parties submit to the jurisdiction of the courts of Kuala Lumpur, Malaysia.
13. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Gemilang Usaha regarding use of our services and website.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full effect.
- Waiver: Our failure to enforce any provision at any time does not constitute a waiver of that provision.
- Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
- Notices: Formal notices under these Terms should be sent in writing to our registered address or to [email protected].
14. Changes to These Terms
We may update these Terms and Conditions from time to time. When we do, we will revise the date at the top of this page. For material changes, we will make reasonable efforts to inform active clients. Continued engagement with our services after updated Terms are posted constitutes your acceptance of the changes.
15. Contact
For questions about these Terms and Conditions, please contact us:
Gemilang Usaha
E-1-6, KL Eco City, Jalan Bangsar, 59200 Kuala Lumpur
[email protected] +60 3-2284 6731