Terms & Conditions

1. Definitions

For clarity throughout this document, the following terms carry the meanings described below:

• "Cahaya Green" / "We" / "Us" / "Our" — refers to Cahaya Green, a Malaysian environmental law and compliance advisory firm, registered and operating from Level 10, Wisma Sabah, Jalan Tun Fuad Stephens, 88000 Kota Kinabalu, Sabah.
• "Client" / "You" / "Your" — refers to the individual, company, or organisation engaging Cahaya Green for advisory services.
• "Services" — refers to any of the environmental law and compliance advisory services offered by Cahaya Green, including EIA Advisory, Pollution Liability & Remediation Advisory, and Environmental Permit & Licensing Management.
• "Engagement Letter" — the written agreement issued by Cahaya Green confirming the scope, duration, fees, and terms of a specific service engagement.
• "Agreement" — the binding contractual relationship formed between Cahaya Green and a Client upon acceptance of an Engagement Letter.
• "Regulatory Authorities" — refers to the Department of Environment Malaysia (DOE), Natural Resources and Environment Board (NREB), or other relevant Malaysian environmental regulators.
• "Website" — refers to Cahaya Green's web presence accessible at https://cahayagr.biz

2. Acceptance of Terms

By contacting Cahaya Green through this website, entering into an Engagement Letter, or instructing us to commence Services, you acknowledge that you have read, understood, and accepted these Terms & Conditions.

• You confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.
• Where you represent a company or organisation, you confirm that you have authority to bind that entity to these Terms.
• If you do not accept any part of these Terms, you should not proceed with an engagement and may contact us to discuss your concerns.

3. Service Description

Cahaya Green offers environmental law and compliance advisory services to project proponents, industrial operators, and businesses in Malaysia. Our current service portfolio includes:

Services are available to clients operating in Sabah, Sarawak, and Peninsular Malaysia, subject to scope confirmation. Geographic availability may vary for specific regulatory submissions.

4. Engagement Process

1. 1.Initial Inquiry: Contact us via the website form or phone. We will assess whether the enquiry falls within our advisory scope.
2. 2.Scope Discussion: A preliminary discussion — typically by phone or written exchange — to understand your regulatory situation and define the engagement scope.
3. 3.Engagement Letter: Cahaya Green will issue a written Engagement Letter detailing scope, deliverables, fees, and duration. The engagement begins only upon written acceptance and receipt of the agreed deposit.
4. 4.Delivery: Services are delivered as per the agreed scope. Any changes to scope must be agreed in writing before additional work commences.
5. 5.Closure: Upon completion, a closing communication is issued summarising deliverables provided. For retainer engagements, the relationship continues per agreed review cycles.

5. Client Responsibilities

To allow Cahaya Green to deliver effective advisory services, clients are expected to:

• Provide accurate, complete, and timely information about the project, operations, or regulatory situation.
• Disclose all known regulatory history, past enforcement actions, or pending matters relevant to the engagement.
• Respond promptly to requests for additional information or documentation.
• Not misrepresent the nature or scale of operations to Cahaya Green or to regulatory authorities.
• Refrain from using Cahaya Green's advice to facilitate non-compliance, misrepresentation, or circumvention of environmental law.
• Respect the confidentiality of advisory communications and not share privileged legal advice with third parties without consent.

Cahaya Green reserves the right to withdraw from an engagement if a client provides materially false or misleading information, or if continued engagement would conflict with our professional obligations.

6. Intellectual Property

• All advisory outputs, templates, regulatory checklists, and written analyses prepared by Cahaya Green remain the intellectual property of Cahaya Green unless otherwise agreed in writing.
• Clients are granted a non-exclusive, non-transferable licence to use deliverables solely for the purpose stated in the Engagement Letter.
• Clients may not reproduce, sell, or distribute Cahaya Green's work product to third parties without written consent.
• Public reference frameworks, legislative texts, and DOE guidelines remain in the public domain and are not subject to this clause.
• All content on the Cahaya Green website is protected by copyright and may not be reproduced without permission.

7. Fees & Payment Terms

All fees are denominated in Malaysian Ringgit (MYR/RM) and are stated in the Engagement Letter. The following general terms apply:

• Payment may be made via bank transfer to Cahaya Green's designated account, as stated in each invoice.
• Invoices are payable within 14 calendar days of issuance unless otherwise specified.
• Scope changes agreed mid-engagement may result in fee adjustments, which will be confirmed in writing before additional work proceeds.
• In the event of engagement cancellation by the client after work has commenced, fees incurred to date remain payable.
• All fees are exclusive of applicable taxes. Any SST or withholding tax obligations will be stated in the invoice.

8. Confidentiality

Both parties agree to treat information shared during an engagement as confidential. Specifically:

• Cahaya Green will not disclose client-specific regulatory information, project details, or operational data to third parties without client consent, except as required by law or regulatory obligation.
• Clients agree not to share Cahaya Green's privileged advisory communications with regulatory authorities, opposing parties, or third parties without prior written consent.
• These confidentiality obligations survive the termination of an engagement for a period of five (5) years.
• Information already in the public domain or independently developed does not constitute confidential information under this clause.

9. Disclaimers

• Regulatory decisions rest with the relevant authorities (DOE, NREB, etc.) and are beyond Cahaya Green's control or influence.
• Advisory outputs are based on information provided by the client and current regulatory frameworks. Changes in law, policy, or enforcement practice after delivery are not Cahaya Green's responsibility.
• The Website is provided for informational purposes. Content on the Website does not constitute legal advice for any specific situation.
• Cahaya Green does not warrant that the Website will be continuously available or error-free.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• Cahaya Green's aggregate liability to a client arising from any engagement is limited to the total fees paid by that client in respect of that specific engagement.
• Cahaya Green shall not be liable for any indirect, consequential, or incidental losses, including loss of profit, business opportunity, regulatory penalties, or environmental remediation costs arising from reliance on advisory outputs.
• Cahaya Green is not liable for losses resulting from: (a) inaccurate or incomplete information provided by the client; (b) the client's failure to implement advisory recommendations; or (c) changes in regulatory requirements after delivery.
• Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded by Malaysian law.

11. Indemnification

The client agrees to indemnify and hold harmless Cahaya Green, its advisers, and staff from and against any claims, losses, damages, penalties, or costs (including reasonable legal fees) arising from: (a) the client's breach of these Terms; (b) the client's misuse of advisory outputs; (c) inaccurate or misleading information provided by the client; or (d) the client's violation of any applicable law or regulation. This indemnification obligation survives the termination of any engagement.

12. Termination

Either party may terminate an engagement under the following circumstances:

Upon termination, confidentiality obligations, IP ownership, payment obligations for work performed, and indemnification provisions survive and remain in effect.

13. Dispute Resolution

These Terms and all engagements are governed by and construed in accordance with the laws of Malaysia.

1. 1.Informal Resolution: In the event of a dispute, both parties agree to attempt resolution through good-faith discussion within 21 days of written notice of the dispute.
2. 2.Mediation: If informal resolution fails, the parties may refer the dispute to mediation under the Mediation Act 2012 before escalating to litigation.
3. 3.Jurisdiction: If mediation is unsuccessful, disputes shall be submitted to the exclusive jurisdiction of the courts of Malaysia, with the courts of Kota Kinabalu, Sabah as the primary venue.

14. General Provisions

• Entire Agreement: These Terms, together with the Engagement Letter for a specific engagement, constitute the entire agreement between the parties and supersede all prior understandings.
• Severability: If any provision is found unenforceable, the remaining provisions shall continue in full effect.
• Waiver: Failure by either party to enforce any provision does not constitute a waiver of future enforcement rights.
• Assignment: Clients may not assign their rights or obligations under any engagement without Cahaya Green's prior written consent. Cahaya Green may assign obligations within associated entities with notice to the client.
• Force Majeure: Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, regulatory shutdowns, or public health directives.
• Language: These Terms are issued in English. In the event of any conflict with a translated version, the English text prevails.

15. Changes to These Terms

Cahaya Green may update these Terms from time to time to reflect changes in our services, applicable law, or professional practice standards.

• Material changes will be communicated to existing retainer clients via email at least 14 days before they take effect.
• The "Last Updated" date at the top of this document will reflect the most recent revision.
• Continued use of our services following any update constitutes acceptance of the revised Terms.
• For ongoing engagements, any changes apply prospectively from their effective date.

16. Contact Information

For questions relating to these Terms, or to discuss an engagement, please reach us at: