Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

• "Agreement" means these Terms and Conditions together with any engagement letter or fee agreement entered into between the parties.
• "Services" means the legal services provided by Waris Merbau, including Grant of Probate, Letters of Administration, Contested Estate Matters, and Estate Position Reviews, as further described on the website.
• "We / Us / Our" means Waris Merbau, a legal practice operating at 71 Jalan Tun Jugah, 93350 Kuching, Sarawak, Malaysia.
• "User" means any individual who accesses or uses the website at wnlisme.blog.
• "Client" means any individual or entity who engages Waris Merbau to provide legal services.
• "Website" means the site at wnlisme.blog and all pages within it.

2. Acceptance of Terms

By accessing or using the Website, you confirm that you are at least 18 years of age and have the capacity to enter into legally binding agreements. Continued use of the Website constitutes acceptance of these Terms.

Engagement of the Services is subject to a separate engagement letter and fee agreement, which governs the legal services relationship between Waris Merbau and the Client.

3. Description of Services

Waris Merbau provides legal services relating to estates and inheritance in Sarawak, Malaysia. The Services are available to individuals with matters subject to the jurisdiction of the courts in Sarawak, particularly the High Court at Kuching.

The Website provides general information about the Services only. Nothing on the Website constitutes legal advice. Legal advice is provided only through the formal engagement of the Services under a written engagement letter.

4. User Responsibilities

Users of the Website agree to:

• Use the Website and any contact forms for lawful purposes only.
• Provide accurate and complete information when submitting contact or enquiry forms.
• Not use the Website in any manner that could damage, disable, or impair its operation or interfere with other users.
• Not attempt to gain unauthorised access to any part of the Website or its related systems.
• Not submit information through the Website that is false, misleading, or intended to deceive.

5. Intellectual Property

All content on the Website, including text, design, and structure, is the property of Waris Merbau or its licensors and is protected under applicable Malaysian intellectual property laws.

Users are granted a limited, non-exclusive, non-transferable licence to access and read the content of the Website for personal, non-commercial purposes. Reproduction, redistribution, or commercial use of any content without prior written consent from Waris Merbau is not permitted.

6. Payment Terms

Fees for legal services are set out in the engagement letter provided to the Client before work begins. All fees are denominated in Malaysian Ringgit (RM).

Disbursements — including court fees, registry charges, and other third-party costs — are in addition to the office's professional fees and are set out separately in the engagement letter.

Payment terms, including the timing and method of payment, are specified in the engagement letter. The office does not accept payment through the Website.

7. Service Delivery Terms

Legal services are delivered in accordance with the scope and timeline set out in the engagement letter. The office will communicate with the Client at regular intervals and will distinguish between active work periods and periods where progress depends on the court or registry.

Changes to the scope of services must be agreed between the Client and the office in writing before additional work is undertaken. In contested matters, fees and scope are reviewed with the Client at two-monthly intervals.

The Client is responsible for providing accurate, complete, and timely information and documents necessary for the office to carry out the Services. Delays caused by incomplete or delayed instructions from the Client are not within the office's control.

8. Confidentiality

Waris Merbau is bound by professional duties of confidentiality under the Legal Profession Act and its professional obligations as a member of the Sarawak Bar. All information shared with the office in connection with legal services will be treated as confidential in accordance with those obligations.

The Client acknowledges that the office may be required by law or court order to disclose information in certain circumstances, and that disclosure in those circumstances does not constitute a breach of confidentiality.

9. Disclaimers

The Website is provided for general information purposes only. While we aim to keep the content current and accurate, we make no representations or warranties, express or implied, as to its completeness, accuracy, or fitness for any particular purpose.

Nothing on the Website should be relied upon as legal advice. Users with specific legal questions should seek formal legal advice. Waris Merbau accepts no liability for reliance on information contained on the Website without formal engagement.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Waris Merbau's liability to any Client for loss arising from or connected to the provision of legal services is limited to the amount of professional fees paid by that Client in respect of the matter giving rise to the claim.

We accept no liability for indirect, consequential, or special losses arising from the use of the Website or from delays caused by circumstances outside our control, including delays attributable to the court, registry, or third parties.

11. Termination

Either party may terminate the engagement of Services in accordance with the terms of the engagement letter. The Client remains responsible for fees incurred for work completed up to the date of termination.

Waris Merbau reserves the right to cease providing Services to a Client where doing so is required by professional rules or where the Client has not fulfilled their obligations under the engagement.

12. Dispute Resolution

Any dispute arising from the engagement of Services will first be referred to informal resolution between the parties. If informal resolution is not achieved within 30 days of written notice, either party may refer the matter to the relevant dispute resolution mechanisms available under Malaysian law.

These Terms are governed by the laws of Malaysia. The courts of Sarawak, Malaysia have jurisdiction over any dispute arising out of or in connection with these Terms or the Services.

Clients who have concerns about the conduct of the office or any advocate may contact the Sarawak Bar Council in accordance with its complaints procedures.

13. General Provisions

These Terms, together with the engagement letter, constitute the entire agreement between the parties in respect of the Services. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in effect. No waiver of any term is effective unless in writing. These Terms may not be assigned by the User or Client without prior written consent from Waris Merbau.

14. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

15. Contact

Waris Merbau
71 Jalan Tun Jugah, 93350 Kuching, Sarawak, Malaysia
Phone: +60 82 236 748
Email: [email protected]