Legal

Terms & Conditions

These Terms and Conditions govern your use of the Caldwynn website and set out the basis on which advisory services are offered. Please read them before using this site or engaging our services.

Last Updated: 16 May 2025  |  Effective: 16 May 2025

1. Definitions

In these Terms and Conditions, the following definitions apply:

  • "Caldwynn" / "We" / "Us" / "Our" refers to the advisory practice operating under the name Caldwynn from Level 9, Menara Hap Seng, Jalan P. Ramlee, 50250 Kuala Lumpur.
  • "Services" means the advisory engagements described on this website, including the Market Readiness Snapshot, Entry Planning Engagement, and Expansion Advisory Programme.
  • "User" / "You" means any person or organisation using this website or engaging Caldwynn's services.
  • "Website" means the website operated at caldwynn.sbs.
  • "Agreement" means these Terms and Conditions together with any engagement-specific terms agreed in writing.
  • "Content" means all materials, documents, reports, analyses, and information produced by Caldwynn in the course of an engagement.

2. Acceptance of Terms

By accessing or using this website, you confirm that you have read, understood, and agree to these Terms. If you do not agree, please refrain from using the website or enquiring about our services.

To engage Caldwynn's services, you must be at least 18 years of age and have the legal capacity to enter a binding agreement under Malaysian law. Where an enquiry is made on behalf of a company or organisation, the individual making the enquiry confirms they are authorised to do so.

3. Service Description

Caldwynn provides strategy, operational planning, and process advisory services. Our work is focused on market entry and regional expansion preparation for companies considering moves within Southeast Asia. Service descriptions on this website are summaries; the precise scope of any engagement is confirmed in writing before work begins.

Services are available to organisations and professionals based in Malaysia and internationally. We do not currently offer services that require professional licensing in law, finance, medicine, or other regulated fields.

4. User Responsibilities

In using this website and engaging our services, you agree to:

  • Provide accurate and complete information in any form or communication
  • Use this website only for lawful purposes consistent with these Terms
  • Refrain from any action that disrupts or damages the website or its infrastructure
  • Not reproduce, distribute, or commercialise any content from this website without written permission
  • Treat all engagement outputs as confidential unless otherwise agreed

5. Intellectual Property

All content on this website — including text, design, layout, and imagery — is owned by or licensed to Caldwynn. Unauthorised reproduction or distribution is not permitted.

Deliverables produced within an engagement (reports, plans, checklists, summaries) are provided for the client's internal use under a limited, non-exclusive licence. Ownership of the underlying methodologies, frameworks, and general knowledge used in producing those deliverables remains with Caldwynn.

Any information or materials you share with us during an engagement remain your property. We will not use client-provided materials for purposes outside the engagement without written agreement.

6. Payment Terms

Fees for each engagement are quoted in Malaysian Ringgit (RM) and are agreed in writing before work begins. Published prices on this website are indicative and subject to confirmation at the time of engagement.

Payment terms are confirmed in the engagement agreement. Standard arrangements involve payment prior to commencement or in agreed instalments. We reserve the right to pause or conclude work if payment terms are not met.

All fees are exclusive of any applicable taxes. Should any government tax or levy apply to the services provided, this will be noted in the engagement agreement.

Refund eligibility, if any, will be specified in the individual engagement terms. General scope changes requested after work has commenced may result in revised fee arrangements, discussed and agreed before proceeding.

7. Service-Specific Terms

Each advisory engagement is governed by its own agreed scope, timeline, and deliverables, documented in writing before commencement. The general terms below apply across all engagements:

  • Scope: Work is limited to what is described in the engagement agreement. Requests outside that scope will be discussed and may require a revised arrangement.
  • Timelines: Estimated timelines are provided in good faith. Delays caused by incomplete information from the client or circumstances outside our control do not constitute a breach.
  • Confidentiality: Both parties agree to treat the contents of the engagement, including any shared business information, with reasonable confidentiality during and after the engagement.
  • Client cooperation: Timely provision of relevant information and access to key personnel is reasonably required for the engagement to proceed as planned.

8. Disclaimers

This website and its content are provided "as is." Caldwynn makes no representations or warranties about the accuracy, completeness, or suitability of any information on the site for a particular purpose.

Advisory outputs are based on the information available at the time of the engagement and represent our considered professional view. They do not constitute legal, financial, regulatory, or investment advice. Implementation decisions remain the responsibility of the client.

Market conditions, regulatory environments, and business circumstances change. Caldwynn does not warrant that advisory conclusions will remain applicable beyond the period of the engagement or that any particular outcome will follow from the plans produced.

9. Limitation of Liability

To the extent permitted by Malaysian law, Caldwynn's total liability in connection with any engagement shall not exceed the fees paid for that engagement.

We shall not be liable for indirect, consequential, special, or incidental losses, including lost profits, lost business, or reputational damage, arising from the use of our services or the information on this website.

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

10. Indemnification

You agree to indemnify and hold Caldwynn harmless from any claim, loss, damage, or expense (including reasonable legal costs) arising from your breach of these Terms, your misuse of this website, or inaccurate information you have provided to us in connection with an engagement.

11. Termination

Either party may terminate an engagement by providing written notice as specified in the engagement agreement. Where no specific notice period is agreed, reasonable notice appropriate to the stage of the work will apply.

On termination, the client will be invoiced for work completed to that point. Caldwynn will provide any deliverables that are reasonably complete at the time of termination.

Clauses relating to intellectual property, confidentiality, disclaimers, limitation of liability, and dispute resolution survive termination.

12. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have jurisdiction over any dispute arising from or related to these Terms or any engagement.

Before commencing formal proceedings, both parties agree to attempt to resolve any dispute through direct discussion in good faith. If the matter cannot be resolved informally within 30 days, either party may escalate through the appropriate legal channels.

Where both parties agree, disputes may be referred to mediation or arbitration in Kuala Lumpur under the applicable Malaysian rules before or instead of court proceedings.

13. General Provisions

Entire Agreement: These Terms, together with any engagement-specific written agreement, constitute the entire agreement between the parties in relation to the subject matter.

Severability: If any provision is found to be unenforceable, the remaining provisions continue in full effect.

Waiver: Failure to enforce any provision on one occasion does not constitute a waiver of that provision or any right to enforce it subsequently.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign ours in connection with a restructure or transfer of the practice.

Notices: Formal notices under these Terms should be sent in writing to the address or email listed in Section 15.

14. Changes to These Terms

We may revise these Terms from time to time. The updated version will be posted on this page with a revised effective date. For material changes, we will take reasonable steps to communicate the update — for example, through a notice on the website.

Continued use of this website following a change constitutes acceptance of the revised Terms. If you disagree with a revision, please discontinue use of the website and contact us.

15. Contact Information

For questions about these Terms or to send a formal notice, please contact us:

Caldwynn, Level 9, Menara Hap Seng, Jalan P. Ramlee, 50250 Kuala Lumpur, Malaysia