These Terms and Conditions govern your use of the Jaya Advisory website and, together with any engagement letter or service agreement, the provision of our advisory services. Please read them carefully. By accessing our website or engaging our services, you agree to be bound by these terms.
1. Acceptance of Terms
These Terms and Conditions ("Terms") constitute a binding agreement between you (whether an individual or an entity) and Jaya Advisory ("we," "our," or "us"). By using our website at jayaa.live or by engaging us to provide advisory services, you confirm that you have read, understood, and agree to these Terms.
If you do not agree to these Terms, please discontinue use of our website and do not proceed with any engagement.
2. Use of Our Website
2.1 Permitted use
You may access and use our website for informational and enquiry purposes. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the website.
2.2 Prohibited conduct
You must not:
- Use the website in any way that violates applicable Malaysian or international laws or regulations
- Attempt to gain unauthorised access to any part of the website or its associated systems
- Transmit any unsolicited or unauthorised advertising or promotional material
- Introduce any malicious software, virus, or harmful code into the website
- Use automated means to access or scrape content from the website without our prior written consent
2.3 Accuracy of website content
The information contained on this website is provided for general informational purposes. While we endeavour to keep it accurate and current, we make no representations or warranties regarding its completeness or accuracy. Website content does not constitute professional advisory advice and should not be relied upon as such.
3. Advisory Services
3.1 Nature of services
Jaya Advisory provides commercial advisory services in connection with mergers, acquisitions, and related transactions. Our services are advisory in nature. We do not provide legal, financial, tax, accounting, or regulatory advice. Clients are responsible for engaging qualified professionals in those disciplines as appropriate to their transaction.
3.2 Engagement terms
The specific scope, deliverables, timeline, and commercial terms of each advisory engagement are agreed in writing prior to commencement, typically through an engagement letter. In the event of any conflict between these Terms and the terms of an engagement letter, the engagement letter shall prevail in respect of matters specific to that engagement.
3.3 Client responsibilities
Clients engaging our services agree to:
- Provide accurate and complete information relevant to the engagement in a timely manner
- Notify us promptly of any material changes in their circumstances or objectives
- Make appropriate personnel available for working sessions as agreed
- Not use our work product in a manner that misrepresents its nature or scope
4. Fees and Payment
Our indicative fees are published on our website for reference. The fees applicable to any specific engagement are confirmed in the relevant engagement letter. Unless otherwise stated in the engagement letter:
- Fees are quoted in Malaysian Ringgit (RM) and are exclusive of applicable taxes
- Invoices are payable within 14 days of the invoice date
- We reserve the right to suspend work on an engagement where invoices remain outstanding beyond agreed payment terms, having given reasonable notice
- Out-of-pocket expenses reasonably incurred in connection with an engagement are charged at cost, with advance notification where these are material
5. Confidentiality
We treat all client and prospective client information with appropriate discretion. Information you share with us in connection with an engagement or enquiry is used only for the purpose of that engagement or assessment, and is not disclosed to third parties except as necessary to deliver the services or as required by law.
Confidentiality obligations specific to an engagement are addressed in the relevant engagement letter, which will typically include mutual obligations. These Terms do not create a formal non-disclosure agreement; separate documentation should be executed where this is required by the nature of the matter.
6. Intellectual Property
6.1 Website content
All content on this website — including text, design elements, graphics, and structure — is the property of Jaya Advisory and is protected by applicable copyright and intellectual property law. You may not reproduce, distribute, or republish any part of this website without our prior written permission.
6.2 Work product
Deliverables produced in connection with an advisory engagement are provided for the exclusive use of the named client for the purposes set out in the engagement letter. Unless otherwise agreed in writing, intellectual property in our proprietary methodologies, frameworks, and analytical tools remains with Jaya Advisory.
7. Limitation of Liability
To the fullest extent permitted by applicable Malaysian law, Jaya Advisory's aggregate liability to a client in connection with any engagement shall not exceed the total fees paid by that client for the relevant engagement during the 12 months preceding the claim.
We shall not be liable for any indirect, consequential, or economic loss arising out of or in connection with the use of our website, the delivery of our services, or any decision made by a client in reliance on our advice, including but not limited to loss of anticipated profit, goodwill, or business opportunity.
Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.
8. Disclaimers
Our advisory services represent our professional judgment based on the information available at the time of the engagement. We do not warrant that any particular commercial outcome will result from following our advice. M&A transactions involve inherent commercial, financial, and operational uncertainty that falls outside the scope of what any advisory service can eliminate.
Our website is provided on an "as is" basis. We make no warranty that the website will be uninterrupted, error-free, or free of viruses or harmful components.
9. Termination
Either party may terminate an advisory engagement by providing written notice as specified in the relevant engagement letter. Where no notice period is specified, reasonable notice — being not less than 14 days — shall apply. In the event of termination, fees are payable for work completed and reasonable costs incurred up to the date of termination.
We reserve the right to suspend or terminate access to our website at any time, without notice, where we have reason to believe these Terms have been violated.
10. Governing Law and Dispute Resolution
These Terms and any dispute arising from your use of our website or our provision of advisory services shall be governed by and construed in accordance with the laws of Malaysia. The parties submit to the non-exclusive jurisdiction of the courts of Malaysia for the resolution of any dispute.
We encourage parties to attempt to resolve any dispute informally in the first instance, by contacting us directly at the details provided below.
11. Changes to These Terms
We may update these Terms from time to time. When changes are made, we will update the "last updated" date at the top of this page. Your continued use of our website or services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, please discontinue use of our website and, where applicable, notify us in writing.
12. Contact Us
If you have any questions about these Terms or wish to discuss any matter related to them, please contact us:
- Email: [email protected]
- Telephone: +60 3 7956 2184
- Post: Jaya Advisory, Suite 12-02, 1 First Avenue, Bandar Utama, 47800 Petaling Jaya, Selangor