Terms & Conditions

1. About These Terms

[§1.1] These Terms and Conditions ("Terms") apply to all use of the website located at damaileg.live ("Website") and to all services provided by Damai Legal ("the Practice," "we," "us," or "our").

[§1.2] By browsing this Website or enquiring about our services, you agree to these Terms. If you do not agree, please do not use the Website.

[§1.3] These Terms are governed by the laws of Malaysia and the State of Sarawak. Any dispute arising from them shall be subject to the exclusive jurisdiction of the courts of Malaysia.

2. Nature of the Practice

[§2.1] Damai Legal is an insurance claims advisory practice based in Kuching, Sarawak. The practice provides policy review, claims preparation, insurer correspondence, dispute resolution support, and court representation in insurance-related matters.

[§2.2] The practice is not a law firm incorporated under the Legal Profession Act 1976 (West Malaysia) and does not hold itself out as such. Where services require formal legal representation before the courts of Sarawak, engagements are conducted by or under the supervision of an advocate and solicitor admitted under the Advocates Ordinance (Sarawak Cap. 110).

[§2.3] The practice maintains professional indemnity insurance appropriate to the services offered.

3. Website Use

[§3.1] The Website and its content are provided for information purposes. You may browse and download content for personal, non-commercial use, provided you do not alter or remove any attribution or copyright notice.

[§3.2] You agree not to use the Website in any way that is unlawful, harmful, or disruptive to others, or that could damage the reputation of the practice.

[§3.3] We reserve the right to suspend access to the Website, or to any part of it, at any time without prior notice.

4. Website Content — No Legal Advice

[§4.1] The articles, guides, service descriptions, and procedural notes on this Website are prepared as general explanatory material about insurance claims processes in Malaysia. They do not constitute legal advice tailored to your specific circumstances.

[§4.2] We make reasonable efforts to keep the Website content accurate and current, but we do not warrant that it is complete, error-free, or applicable to your situation. Policy terms, regulatory procedures, and court rules change; always verify current requirements against the relevant source or seek specific advice.

[§4.3] Reliance on any content of this Website is at your own risk. We accept no liability for decisions made based on Website content alone.

5. Client Engagement Terms

[§5.1] Each client engagement is governed by a written engagement letter issued by the practice and accepted by the client before work begins. In the event of any conflict between these Terms and a signed engagement letter, the engagement letter shall take precedence.

[§5.2] Fees. The fees described on this Website are indicative. Actual fees are confirmed in the engagement letter and may differ depending on the complexity, volume of documentation, and scope of work involved. All fees are stated in Malaysian Ringgit (RM) and are subject to applicable taxes.

[§5.3] Disbursements. Out-of-pocket expenses incurred on a client's behalf — including filing fees, courier charges, expert witness fees, and travel costs where applicable — are charged at cost in addition to professional fees unless otherwise stated in the engagement letter.

[§5.4] Scope. We will perform the services described in the engagement letter. Work outside that scope will be discussed with the client and, if agreed, recorded in a written variation before being undertaken.

[§5.5] Client obligations. Clients are expected to provide accurate and complete information relevant to the matter, retain and supply documents promptly when requested, and notify the practice of any change in circumstances that may affect the engagement.

[§5.6] Termination. Either party may end the engagement by giving reasonable written notice. The practice will endeavour to provide an orderly handover of documents and a summary of the matter's status as at the date of termination. Fees are payable for work completed up to the date of termination.

6. Confidentiality

[§6.1] We treat all information provided by clients as confidential and will not disclose it to third parties without the client's consent, except where required to do so by law, court order, or regulatory authority.

[§6.2] Where a matter requires engagement with insurers, loss adjusters, expert witnesses, or FMOS, the client authorises the practice to share relevant information with those parties to the extent necessary to conduct the engagement.

7. Limitation of Liability

[§7.1] To the extent permitted by Malaysian law, the practice's total liability to a client arising from or in connection with any engagement shall not exceed the fees paid by the client for the relevant engagement.

[§7.2] We are not liable for any indirect, consequential, or special loss arising from the provision of our services or from use of the Website, including loss of expected insurance recoveries, loss of business, or loss of anticipated savings.

[§7.3] Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence, or for any liability that cannot be excluded or limited under Malaysian law.

8. Intellectual Property

[§8.1] All content on this Website — including text, layout, graphics, and reference materials — is the property of Damai Legal or its licensors and is protected by copyright. Reproduction for any commercial purpose without written permission is not permitted.

[§8.2] Documents, letters, and submissions prepared by the practice for a client remain the practice's intellectual property until all fees in respect of that matter have been paid in full, at which point ownership of the client-facing deliverables passes to the client.

9. Links to Third-Party Websites

[§9.1] The Website may contain links to external sites, including the Financial Markets Ombudsman Service, Bank Negara Malaysia, and the Sarawak courts. These links are provided for convenience only. We do not endorse, control, or accept responsibility for the content of any third-party website.

10. Enquiry Forms and Communications

[§10.1] Submitting an enquiry through this Website does not create a client relationship and does not constitute the commencement of an engagement. An engagement begins only when a written engagement letter has been signed by both parties.

[§10.2] Information submitted through the Website enquiry form will be handled in accordance with our Privacy Policy.

[§10.3] We aim to respond to enquiries within two working days. The volume of enquiries received may occasionally affect response times.

11. Complaints

[§11.1] We take client concerns seriously. If you have a complaint about our services, please set it out in writing and address it to the practice principal at Level 4, Wisma Satok, Jalan Satok, 93400 Kuching, Sarawak, or by email to [email protected].

[§11.2] We will acknowledge receipt of a complaint within five working days and aim to provide a substantive response within thirty days.

12. Changes to These Terms

[§12.1] We may update these Terms from time to time to reflect changes in the law or our practice. The current version will always be available on this page. Continued use of the Website after an update constitutes acceptance of the revised Terms.

13. Contact

For any questions regarding these Terms, please contact us:

• Address: Level 4, Wisma Satok, Jalan Satok, 93400 Kuching, Sarawak, Malaysia
• Telephone: +60 82 415 739
• Email: [email protected]