Terms & Conditions

These Terms and Conditions govern your use of the Gemilang Trade website and any advisory engagement you undertake with us. By using this site or proceeding with an engagement, you agree to these terms. Please read them carefully.

1. Definitions

• "Firm" / "we" / "us" — Gemilang Trade, a trade advisory firm operating from Level 8, KLIA Office Tower, 64000 Sepang, Selangor, Malaysia.
• "Client" / "you" — any individual or entity that uses this website or engages our services.
• "Services" — advisory services described on this website, including customs classification, FTA compliance, and trade sanctions advisory.
• "Engagement" — a specific advisory mandate undertaken under a formal instruction or engagement letter.
• "Content" — all text, documents, analyses, and materials published on this website or produced during an engagement.
• "Agreement" — these Terms and Conditions, together with any engagement letter or scope confirmation issued in connection with a specific mandate.

2. Acceptance of Terms

By accessing this website or submitting an enquiry, 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 site on behalf of a company or organisation constitutes acceptance on behalf of that entity.

If you do not agree with any part of these Terms, please refrain from using this website or proceeding with an engagement.

3. Service Description

Gemilang Trade provides specialist advisory services in Malaysian and international trade law, with a focus on:

• Customs classification and tariff advisory under the Malaysian Customs Tariff
• Trade agreement and free trade agreement (FTA) compliance including RCEP, CPTPP, and ASEAN FTAs
• Trade sanctions and export control advisory under the Strategic Trade Act 2010 and applicable international regimes

Service availability is subject to our capacity and the nature of each enquiry. We reserve the right to decline engagements at our discretion without providing reasons.

4. Engagement Terms

4.1 Commencement

An engagement commences upon our written acceptance of your instruction or upon your acceptance of an engagement letter we have issued, whichever is earlier.

4.2 Scope

The scope of each engagement is defined in the relevant engagement letter or scope confirmation. Work outside the defined scope will be subject to separate agreement.

4.3 Timelines

Indicative timelines are provided in good faith and may be affected by the complexity of the matter, the adequacy of information provided by you, or external factors outside our control. Timelines do not constitute binding delivery dates unless expressly stated in an engagement letter.

4.4 Client Cooperation

You agree to provide accurate, complete, and timely information as reasonably requested. Delays or inaccuracies in information provided by you may affect delivery timelines and the quality of advisory output, for which we bear no responsibility.

5. User Responsibilities

When using this website or engaging our services, you agree to:

• Provide accurate and complete information in all communications
• Use our advisory output only for the purposes described in the engagement scope
• Refrain from misrepresenting our opinions or analyses to third parties
• Not use this website for any unlawful purpose or in a manner that could damage, disable, or impair its functionality
• Not attempt to gain unauthorised access to any part of our systems or data

6. Intellectual Property

All content on this website — including text, layout, design, and trademarks — is the property of Gemilang Trade and is protected under applicable Malaysian intellectual property law. You may not reproduce, distribute, or adapt this content without our prior written consent.

Advisory outputs delivered during an engagement (opinions, analyses, reports) are provided for your internal use within the scope of the engagement. They may not be shared publicly, reproduced for commercial purposes, or attributed to us in a manner inconsistent with the engagement scope, without our written consent.

7. Payment Terms

7.1 Fees

Fees for each service are stated in Malaysian Ringgit (MYR) and are subject to the agreed scope of work. Published prices reflect standard scopes; complex or multi-jurisdictional matters may be subject to revised fee arrangements agreed in writing.

7.2 Invoicing

Invoices are issued upon engagement commencement or milestone completion, as specified in the engagement letter. Payment terms are 14 days from invoice date unless otherwise agreed.

7.3 Taxes

All fees are exclusive of applicable taxes. Any service tax, withholding tax, or other levy imposed by law will be charged additionally.

7.4 Refunds

Where an engagement is terminated prior to completion, fees are payable in proportion to the work completed at the point of termination. Refunds are at our discretion and will reflect the stage of work reached.

8. Confidentiality

We treat information provided during engagements as confidential and will not disclose it to third parties except where required by law, with your consent, or as necessary to deliver the agreed services. Confidentiality obligations survive the conclusion of an engagement for a period of five years.

You agree to treat advisory outputs received from us as confidential unless disclosure is required by law or regulation, or has been expressly authorised in the engagement letter.

9. Disclaimers

Advisory opinions and analyses are provided based on information you supply and the law as it stands at the time of delivery. They represent our professional assessment and do not constitute a binding legal ruling. Clients are responsible for their own regulatory and commercial decisions.

This website and its contents are provided "as is." We make no representations regarding the accuracy, completeness, or currency of general information published here. Website content should not be relied upon as specific legal or regulatory advice for any particular situation.

Outcomes in trade matters depend on many factors, including regulatory discretion and court decisions, which we cannot predict or control.

10. Limitation of Liability

To the extent permitted by Malaysian law, our aggregate liability arising from or in connection with an engagement — whether in contract, tort, or otherwise — shall not exceed the total fees paid by you for the relevant engagement.

We shall not be liable for indirect, consequential, or incidental losses including loss of profit, loss of opportunity, or reputational damage, even where we have been advised of the possibility of such losses.

Nothing in these Terms limits liability for fraudulent misrepresentation or death or personal injury caused by negligence.

11. Indemnification

You agree to indemnify and hold Gemilang Trade harmless from claims, losses, and expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of advisory outputs, or inaccurate or misleading information you have provided to us.

12. Termination

Either party may terminate an engagement by written notice with reasonable cause. We may also suspend or terminate website access where misuse is suspected. Upon termination, fees for work completed remain payable, and confidentiality obligations continue as stated.

13. Dispute Resolution

13.1 Governing Law

These Terms and any engagement agreements are governed by the laws of Malaysia.

13.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

13.3 Informal Resolution

We encourage you to contact us directly at [email protected] before initiating formal proceedings. We will make reasonable efforts to resolve disputes informally within 30 days.

14. General Provisions

• Entire Agreement: These Terms, together with any engagement letter, constitute the entire agreement between the parties on 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 does not constitute a waiver of future enforcement rights.
• Assignment: You may not assign rights or obligations under these Terms without our written consent.
• Notices: Formal notices should be sent by email to [email protected] or by post to our registered address.

Changes to These Terms

We may update these Terms from time to time. The revised version will be published on this page with an updated effective date. Continued use of our website or services following changes constitutes acceptance.

15. Contact