Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "Firm" means Cahaya Pencen, advocates and solicitors, practicing at Jalan Dato Keramat, 10150 George Town, Penang, Malaysia.
• "Client" means any individual who engages the Firm's services or contacts the Firm through its website.
• "Services" means legal services provided by the Firm, including consultation, written legal opinion, and representation.
• "Website" means the Firm's website accessible at https://cahayape.biz.
• "Retainer" means the written agreement governing a specific engagement, signed by both the Firm and the Client.

2. Acceptance of Terms

By using this Website or engaging the Firm's services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree, you should not use this Website or engage the Firm's services.

You must be at least 18 years of age and have legal capacity to enter into a binding agreement. Where services are sought on behalf of another person (for example, an elderly parent), you confirm you are authorised to do so.

3. Description of Services

The Firm provides three categories of legal service in the area of pension protection:

1. Consultation and Scheme Review — a one-hour meeting with a written summary, fixed fee RM 290.
2. Legal Opinion on Benefit Dispute — a written opinion on a specific pension disagreement, fixed fee RM 860.
3. Representation in Appeals and Courts — full representation in scheme-level appeals and court proceedings, starting from RM 3,690 as set out in a written retainer.

Each service is available independently. Engaging one service creates no obligation to engage another.

4. Engagement and Retainer

A legal relationship between the Client and the Firm is established only when a written retainer has been signed by both parties (for representation services) or payment has been confirmed (for consultation and legal opinion services). Website enquiries and telephone conversations do not, of themselves, create a lawyer-client relationship.

The Firm reserves the right to decline to act for any prospective client, including where a conflict of interest exists or where the Firm considers it cannot provide adequate service to the matter.

5. Fees and Payment

All fees are stated in Malaysian Ringgit (RM). Payment terms are as follows:

• Consultation: Payment is required at or before the time of the meeting.
• Legal Opinion: Payment is required before work on the opinion commences.
• Representation: Payment schedule is set out in the written retainer. A deposit is typically required before work begins.

Fees are not refundable once the relevant service has been delivered. Where work has commenced on a representation matter and the Client terminates the engagement, fees for work completed to that point remain payable.

6. Client Obligations

The Client agrees to:

• Provide accurate, complete, and truthful information relevant to the matter.
• Disclose all documents and correspondence that may be relevant, including documents that may be adverse to the Client's position.
• Respond to the Firm's communications within a reasonable time.
• Not misrepresent to any third party that the Firm has provided advice it has not provided.
• Use services and advice only for lawful purposes.

7. Professional Standards and Limitations

All services are provided by advocates and solicitors holding current practising certificates issued by the Malaysian Bar. The Firm is bound by the Legal Profession Act 1976, the Rules Regulating Admission to the Malaysian Bar, and the Legal Profession (Practice and Etiquette) Rules 1978.

Legal advice reflects the state of the law at the date it is given. The Firm does not accept responsibility for changes in law or EPF administrative practice occurring after the date advice is delivered.

Written opinions and consultation summaries are provided for the benefit of the named Client only and should not be relied upon by third parties.

8. Disclaimers

The Firm does not warrant that any particular outcome will be achieved in any matter. Legal proceedings carry inherent uncertainty; outcomes depend on evidence, the conduct of opposing parties, and the decisions of courts and tribunals that are outside the Firm's control.

Website content is provided for general information only and does not constitute legal advice. No reliance should be placed on website content without first obtaining specific advice from the Firm.

9. Limitation of Liability

To the extent permitted by Malaysian law, the Firm's liability to any Client arising out of any single matter shall not exceed the fees paid by that Client for the specific service to which the liability relates. The Firm is not liable for indirect, consequential, or economic losses unless caused by the Firm's professional negligence.

10. Intellectual Property

Written legal opinions, consultation summaries, and all documents prepared by the Firm remain the Firm's intellectual property unless otherwise agreed in writing. The Client is granted a personal, non-transferable licence to use such documents for the purpose for which they were prepared.

Website content, including text, structure, and design, belongs to Cahaya Pencen and may not be reproduced without written consent.

11. Confidentiality

The Firm will not disclose confidential client information to any third party without the Client's consent, except where required by law, by court order, or under the Firm's professional obligations to the Bar Council of Malaysia or other regulatory bodies.

12. Termination

Either party may terminate a representation engagement by giving written notice. The Firm may cease to act where the Client has breached these Terms, where a conflict of interest arises, or where continuing the engagement would require the Firm to act unethically. Termination does not affect payment obligations for work already performed.

13. Governing Law and Disputes

These Terms and Conditions are governed by the laws of Malaysia. Any dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia. In the first instance, disputes should be raised directly with the Firm in writing. The Firm will respond within 14 days and seek to resolve the matter informally.

14. Changes to Terms

The Firm may update these Terms and Conditions from time to time. The current version is always available on this Website. Continued use of services following an update constitutes acceptance of the revised terms. Material changes will be communicated to existing Clients directly.

15. Contact

For questions about these Terms and Conditions:
Cahaya Pencen
Jalan Dato Keramat, 10150 George Town, Penang, Malaysia
Telephone: +60 4-262 7483
Email: [email protected]