Terms & Conditions

01

Definitions

Throughout these Terms & Conditions, the following words carry the meanings given below.

"Embun" / "We" / "Us" / "Our"

Refers to Embun, a business advisory practice registered and operating in Malaysia, with its principal place of business at No. 47, Jalan Macalister, 10400 George Town, Pulau Pinang.

"Client" / "You" / "Your"

Any individual or business entity that engages Embun for advisory services or uses this website.

"Services"

The business advisory and consulting engagements offered by Embun, including the First Sprout Review, Careful Growth Advisory, and Whole Greenhouse Programme.

"Agreement"

These Terms & Conditions together with any written engagement letter or service proposal accepted by both parties.

"Content"

All written materials, reports, summaries, plans, and documents produced by Embun as part of the Services.

"Website"

The Embun website accessible at embun.biz and all associated pages.

02

Acceptance of Terms

By engaging Embun's Services — whether through our contact form, a telephone discussion, or a written engagement letter — you indicate that you have read and agree to these Terms & Conditions.

• You must be at least 18 years of age and have the legal capacity to enter into a binding agreement.
• If you are entering into this Agreement on behalf of a business entity, you represent that you have authority to bind that entity.
• If you do not agree to these terms, please refrain from using our Services or this Website.

03

Service Description

Embun offers independent business advisory services for small business owners in Malaysia. Our three engagements vary in depth and duration:

Services are provided to clients within Malaysia. Availability is subject to our current capacity, and we will communicate any scheduling limitations in a timely manner.

04

Client Responsibilities

A productive advisory relationship depends on openness and reasonable cooperation from both sides. As a client, you agree to:

• Provide accurate, complete, and up-to-date information about your business when requested.
• Attend scheduled sessions punctually or provide reasonable notice of any change.
• Use the advice and Content produced by Embun only for lawful purposes.
• Not represent our advisory materials as your own original work when sharing them publicly or with third parties.
• Inform us promptly of any material changes to your business that may affect the scope of our engagement.

The following are not permitted under any engagement with Embun:

• Using our services to facilitate illegal activities or to misrepresent your business to financial institutions or regulators.
• Sharing our proprietary materials, frameworks, or written summaries with third-party consultants or competitors without our prior written agreement.
• Recording sessions without the prior knowledge and consent of Embun.

05

Intellectual Property

All frameworks, methodologies, templates, and advisory documents developed by Embun remain the intellectual property of Embun, unless otherwise agreed in writing.

Upon full payment of the agreed fee, you are granted a limited, non-exclusive, non-transferable licence to use the written Content produced for your engagement for your own internal business purposes. This licence does not permit you to:

• Reproduce or distribute our materials commercially.
• Sub-licence or sell access to our written Content to others.
• Claim authorship of our methodologies or frameworks.

Business information you share with us during your engagement remains your property. We will not use it for any purpose beyond the delivery of your agreed Services.

06

Payment Terms

• All fees are quoted and payable in Malaysian Ringgit (RM) inclusive of applicable taxes unless stated otherwise.
• For the First Sprout Review, full payment is due prior to the session date.
• For the Careful Growth Advisory, 50% is due upon confirmation and the remainder prior to the second session.
• For the Whole Greenhouse Programme, fees are due on a monthly basis as agreed in writing at the start of the engagement.
• Accepted payment methods include bank transfer and other arrangements confirmed in writing.

Refund Policy: If you need to cancel your engagement, please let us know as early as possible. Cancellations made more than five business days before a scheduled session may receive a partial or full refund at our discretion. Refunds are not generally available for sessions already delivered, though we handle all such situations with care and on a case-by-case basis.

07

Advisory Engagement Terms

Our advisory services are shaped around your individual situation. The following applies to all engagements:

• The scope and structure of each engagement will be discussed and agreed upon before any session begins.
• Changes to scope requested by the client may result in adjusted fees, which will be communicated in writing before any additional work proceeds.
• Sessions are typically conducted in person at our George Town office or via a mutually agreed remote channel.
• Written deliverables will be provided within a reasonable timeframe as agreed at the outset of each engagement.
• We do not make commitments about specific business outcomes. Advisory work supports your decision-making; the implementation of any suggestions remains your own responsibility.

08

Confidentiality

We treat all information you share with us as confidential. We will not disclose details of your business, your engagement, or any materials you provide to third parties without your prior written consent, except where:

• We are required to do so by applicable law or a lawful order of a competent authority.
• The information is already publicly available through no fault of Embun.

We ask that you extend similar discretion to any information about Embun's methodologies, internal materials, or other clients that you may become aware of during an engagement.

09

Disclaimers

Our advisory services are offered in good faith based on the information you provide and our professional judgement. Please note:

• Embun does not provide legal, accounting, tax, or financial planning advice. Please consult licensed professionals for those matters.
• We cannot commit to any particular business result or commercial performance. Business outcomes depend on many factors outside our control.
• Information on our Website is provided for general reference purposes only and may not reflect the most current situation at the time you read it.
• The Website is provided on an "as available" basis; we do not represent that it will be free from errors or available without interruption.

10

Limitation of Liability

To the fullest extent permitted by Malaysian law:

• Embun's total liability to you for any claim arising from an engagement shall not exceed the total fees paid by you for that engagement.
• We shall not be liable for indirect, consequential, or special loss, including lost profits or loss of business opportunity, even if we had been advised of the possibility of such loss.
• We shall not be liable for any delay or failure in performance caused by circumstances outside our reasonable control, including utility failures, illness, or natural events.

11

Indemnification

You agree to indemnify and hold harmless Embun, its advisors, and associated individuals from any claims, losses, or expenses (including reasonable legal costs) arising from your breach of these Terms, your use of our Services for unlawful purposes, or any misrepresentation of information you provided to us during an engagement.

12

Termination

Either party may end an engagement by providing reasonable written notice. We consider five business days' notice reasonable for most situations, though we are open to discussing this.

• Where you terminate an engagement partway through, fees for sessions already delivered remain payable.
• Embun reserves the right to end an engagement immediately where there is evidence of material misrepresentation or conduct that conflicts with our values.
• Provisions relating to confidentiality, intellectual property, indemnification, and payment shall survive termination.

13

Dispute Resolution

These Terms & Conditions are governed by the laws of Malaysia. In the event of a dispute, we encourage both parties to first attempt to resolve matters informally and in good faith.

• Please write to us at [email protected] outlining the nature of the concern. We will respond within ten business days.
• If informal resolution is not achieved, either party may refer the matter to mediation before the Asian International Arbitration Centre (AIAC) in Kuala Lumpur.
• The courts of Pulau Pinang, Malaysia shall have exclusive jurisdiction for any legal proceedings that cannot otherwise be resolved.

14

General Provisions

15

Changes to These Terms

We may update these Terms from time to time as our services or legal obligations change. When we do:

• We will update the "Last Updated" date at the top of this page.
• For significant changes affecting ongoing engagements, we will notify you directly by email.
• Continued use of our Services after the effective date of updated Terms constitutes your acceptance of those changes.

16

Contact Information

If you have any questions about these Terms & Conditions or about your engagement with us, we are glad to hear from you.