Terms & Conditions

1. Definitions

In these Terms, the following expressions have the meanings set out below:

• "Agreement" — these Terms and Conditions together with any engagement letter or fee agreement entered into between you and us
• "Berkat Advisory" / "we" / "us" / "our" — Berkat Advisory, a family law chambers registered and operating in Malaysia at Level 14, Wisma Pesaka, 56 Jalan Sultan Iskandar, 30000 Ipoh, Perak
• "Client" / "you" / "your" — any person who accesses this website or who engages Berkat Advisory for the provision of legal services
• "Content" — all text, materials, documents, and information published on this website
• "Services" — the family law advisory and representation services described on this website
• "Website" — this website at berkataa.live and all pages thereof

2. Acceptance of Terms

By accessing or using this Website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use this Website.

You confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. Use of this Website on behalf of an organisation or company constitutes acceptance of these Terms on that organisation's behalf.

3. Service Description

Berkat Advisory provides family law services to individuals and families in Malaysia, including under both civil and Syariah jurisdictions where applicable. Our services include confidential consultations, settlement and mediation counsel, and long-term family stewardship retainer arrangements.

This Website provides general information about our services. It does not constitute legal advice and does not create a solicitor-client relationship. A formal engagement begins only upon execution of a written engagement letter and, where applicable, payment of a fee.

We serve clients primarily in Malaysia, with particular focus on matters arising in Perak and the surrounding region. Matters involving international family law elements are considered on a case-by-case basis.

4. User Responsibilities

When using this Website, you agree to:

• Provide accurate and complete information when submitting enquiry forms or during any consultation
• Not use this Website for any unlawful purpose or in any manner that violates applicable Malaysian law
• Not attempt to gain unauthorised access to any system, server, or database associated with this Website
• Not reproduce, distribute, or publicly display any Content from this Website without our prior written consent
• Not submit false, misleading, or defamatory information through any contact form or channel
• Not use automated tools, bots, or scrapers to extract content from this Website

We reserve the right to restrict or terminate your access to this Website if we reasonably believe you have breached these responsibilities.

5. Intellectual Property

All Content on this Website — including text, layout, design, graphics, and descriptive materials — is the property of Berkat Advisory or is used under licence. It is protected under Malaysian copyright law and applicable international conventions.

You are granted a limited, non-exclusive, non-transferable licence to access and view the Content on this Website for your personal, non-commercial information purposes only. This licence does not permit you to reproduce, modify, distribute, publish, or create derivative works from any Content without our express written consent.

Nothing in these Terms transfers any intellectual property rights to you. The Berkat Advisory name and any associated marks are not to be used without our prior written approval.

6. Fees and Payment

Our service fees are displayed on this Website and are quoted in Malaysian Ringgit (RM). Fees are subject to change; the fee applicable to your engagement will be confirmed in writing before any chargeable work commences.

Payment terms for each engagement are set out in the relevant engagement letter. We accept payment by the methods specified in that letter. Invoices are due within the period stated therein.

Where a matter is concluded, withdrawn, or terminated before completion, fees may be charged for work completed to that point in accordance with the engagement letter. Queries relating to fees should be raised promptly and directed to us at [email protected].

7. Service-Specific Terms

The following terms apply to the provision of our legal services:

• Scope: The scope of each engagement is defined in the engagement letter. Work outside the agreed scope will be discussed with you before being undertaken.
• Timelines: We will conduct your matter with appropriate diligence, but cannot warrant specific timelines for matters subject to court scheduling, third-party responses, or regulatory processes outside our control.
• Confidentiality: All information shared with us in the course of an engagement is held in strict confidence, subject to our professional obligations and applicable law.
• Client obligations: We rely on you to provide accurate and complete instructions promptly. Delays in receiving instructions may affect the conduct of your matter.
• Retainer arrangements: The Family Stewardship Counsel Retainer is a continuing advisory arrangement. Its specific terms, including review frequency and available consultation hours, are defined in the retainer agreement.

8. Disclaimers

The Content on this Website is provided for general information purposes only and does not constitute legal advice. It does not address your specific circumstances and should not be relied upon as a substitute for professional legal counsel on any particular matter.

While we take care to keep the information on this Website accurate, we make no warranty as to its completeness, currency, or fitness for any particular purpose. Laws and legal requirements in Malaysia may change; Content on this Website may not reflect the most recent developments.

The outcome of any legal matter depends on facts, circumstances, and factors that cannot be assessed through a website. We do not represent that any particular outcome is assured in any engagement.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law, Berkat Advisory shall not be liable for any indirect, consequential, incidental, or special loss arising from use of this Website or reliance on its Content, including loss of data, loss of income, or loss of opportunity.

Our total liability arising from or related to our engagement with you shall not exceed the fees paid by you to us for the specific matter from which the liability arises, unless otherwise required by mandatory law or our professional indemnity insurance.

Nothing in these Terms limits our liability for fraud, negligence causing personal injury or death, or any other liability that cannot be excluded under applicable Malaysian law.

We are not responsible for the content, availability, or practices of any third-party website linked from this Website.

10. Indemnification

You agree to indemnify and hold harmless Berkat Advisory, its practitioners, and staff from and against any claims, losses, or expenses (including reasonable legal costs) arising from your use of this Website in breach of these Terms, or from any false or misleading information you have provided to us.

11. Termination

Either party may terminate an engagement by giving reasonable written notice, subject to the terms of the relevant engagement letter. We may decline to continue acting where it would be professionally improper to do so, or where instructions conflict with our professional obligations.

Upon termination, we will take steps to protect your interests during any transition period, including providing a reasonable handover where required. Fees for work completed to the date of termination remain payable.

Provisions of these Terms that by their nature survive termination — including intellectual property, limitation of liability, and dispute resolution — shall continue to apply after any termination.

12. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from your use of this Website or from an engagement with us shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before commencing formal proceedings, we encourage parties to seek resolution through direct discussion. Where a fee dispute arises, either party may refer the matter to the Advocates and Solicitors Disciplinary Board or the Bar Council of Malaysia in accordance with applicable professional rules.

Where a dispute concerns a family matter in which we are engaged as counsel, the appropriate dispute resolution forum is that specified in the relevant engagement letter or agreed by the parties.

13. General Provisions

These Terms, together with any engagement letter, constitute the entire agreement between you and Berkat Advisory in relation to their subject matter and supersede any prior discussions or representations.

If any provision of these Terms is found by a court to be unenforceable, the remaining provisions shall continue in full force.

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

You may not assign your rights or obligations under these Terms to any third party without our prior written consent. We may assign our obligations to a successor practice in connection with a reorganisation or transfer of our professional practice.

Notices to us under these Terms should be sent in writing to the address below or to [email protected].

14. Changes to These Terms

We may update these Terms from time to time. The revised Terms will be posted on this page with an updated effective date. We encourage you to review these Terms periodically. Continued use of this Website following any update constitutes acceptance of the revised Terms.

Where an existing engagement is in place, material changes to Terms will not affect that engagement unless agreed in writing by both parties.

15. Contact

For questions or concerns relating to these Terms and Conditions, please contact: