Terms & Conditions

SECTION 1

Definitions

• "Waris Archive", "we", "us", "our" — the archive documentation practice operated at 23 Lebuh Acheh, 10200 George Town, Pulau Pinang, Malaysia.
• "Services" — the documentation sessions, oral history courses, and association records consulting engagements described on this website.
• "Client", "you", "your" — the individual or organisation that engages our services or uses this website.
• "Engagement" — a confirmed service booking accepted by both parties in writing.
• "Content" — all text, images, documents and other material on this website.
• "Agreement" — these Terms and Conditions together with any written scope document or engagement confirmation.

SECTION 2

Acceptance of terms

By submitting an enquiry, confirming an engagement, or continuing to use this website, you confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are acting on behalf of an organisation, you confirm you have authority to bind that organisation to these terms.

These terms apply from the date you first use the website or make an enquiry, whichever is earlier.

SECTION 3

Service description and availability

Waris Archive provides family archive and inheritance records organisation education services, including household documentation sessions, oral history and provenance courses, and association and clan records consulting engagements. Services are described on this website and in individual scope documents provided before each engagement begins.

Services are primarily available within Penang, Malaysia. Documentation sessions may be delivered online for clients outside Penang. Association consulting engagements are considered case by case for locations outside Penang.

We reserve the right to decline any enquiry or engagement at our discretion, including where the scope falls outside our stated services or where we have a conflict of interest.

SECTION 4

Client responsibilities

• Provide accurate information when making an enquiry or during an engagement.
• Ensure that any third parties whose personal data may be captured during a session or course have given appropriate consent.
• Not use this website or our services for any unlawful purpose.
• Not attempt to extract, copy or reproduce proprietary materials, methodology documents or course content without written permission.
• Notify us promptly if circumstances change materially during an engagement.

SECTION 5

Intellectual property

All content on this website — including text, methodology descriptions, design elements and course materials — is the property of Waris Archive and is protected under Malaysian copyright law. You may not reproduce, distribute or adapt this content without our prior written consent.

Records, inventories, provenance notes and reports produced during an engagement are delivered to the client on completion. Waris Archive retains no ownership of the family or organisational records that are documented or catalogued. We retain copyright in the methodology and template documents used in their production.

SECTION 6

Payment terms

Prices are stated in Malaysian Ringgit (RM) and are as published on this website at the time of enquiry. Current prices are:

• Documentation Session: RM 525 per session
• Oral History and Provenance Course: RM 1,670 per participant
• Association and Clan Records Consulting: RM 4,740 per engagement

Payment is due as specified in the engagement confirmation. For documentation sessions and course enrolment, payment is due before the service begins. For consulting engagements, a payment schedule will be agreed in the scope document.

Accepted payment methods include bank transfer to a Malaysian bank account. Details are provided on invoice.

Cancellation by the client within 48 hours of a scheduled session will result in the session fee being forfeited. Cancellation with more than 48 hours' notice will be refunded in full. Course fees are non-refundable after the second session has been delivered. Consulting engagement cancellation terms are set out in the individual scope document.

SECTION 7

Service-specific terms

Documentation Session

The session documents what is present and where. It does not constitute a valuation, legal inventory, or estate advice. The inventory sheet is produced as a working record only and carries no legal standing unless separately confirmed by a qualified professional.

Oral History and Provenance Course

Participation requires completion of a consent form before the first session. Audio recordings produced by participants during the course remain the property of the participant. Course content is for educational purposes. Nothing in the course constitutes legal advice, ownership determination, or professional genealogical research.

Association and Clan Records Consulting

The consulting engagement organises and catalogues records. It does not advise on ownership, entitlement, governance or administration. All such questions are referred to the organisation's own qualified professionals. The scope document for each engagement sets out deliverables, timeline and responsibilities in detail.

SECTION 8

Disclaimers

This website and the services provided by Waris Archive are offered on the basis of general archive education and operational consulting. Nothing on this website or provided during any engagement constitutes legal advice, financial advice, property valuation, estate administration, genealogical research, or any other regulated professional service.

Every substantive question touching on ownership, rights, obligations or the financial value of any item is referred to an appropriately qualified professional. We make no representation that the records we produce will be accepted for any legal, financial or official purpose.

SECTION 9

Limitation of liability

To the extent permitted by Malaysian law, Waris Archive's total liability to you in connection with any engagement or use of this website is limited to the fees paid by you for the relevant service.

We are not liable for indirect, consequential, incidental or special losses, including loss of data, loss of opportunity, or loss arising from decisions made on the basis of records we have produced.

We are not liable for events outside our reasonable control, including natural disasters, utility failures, illness, or other circumstances that prevent performance of a service.

SECTION 10

Indemnification

You agree to indemnify and hold Waris Archive harmless from any claims, losses, damages or costs (including reasonable legal fees) arising from your breach of these terms, your misuse of the services, or any third-party claim arising from your use of records or materials we have produced.

SECTION 11

Termination

Either party may terminate an engagement by giving written notice if the other party materially breaches these terms and fails to remedy the breach within 14 days of written notice. We may also terminate immediately if we reasonably believe continued engagement would involve us in unlawful activity.

On termination, fees for work completed to the date of termination remain payable. Deliverables completed and paid for will be provided. Sections 5, 8, 9, 10 and 13 survive termination.

SECTION 12

Dispute resolution

These terms are governed by the laws of Malaysia. Any dispute will first be referred to good-faith negotiation between the parties. If unresolved within 30 days, disputes may be referred to mediation before the Asian International Arbitration Centre (AIAC) in Kuala Lumpur, or to the courts of Malaysia as the parties may agree.

Malaysian consumer protection law applies where you are engaging as an individual consumer.

SECTION 13

General provisions

• Entire agreement: These terms, together with any engagement scope document, constitute the entire agreement between the parties and supersede prior communications on the same subject.
• Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in force.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.
• Assignment: You may not assign your rights or obligations under these terms without our written consent. We may assign our rights in connection with a transfer of the practice.
• Notices: Formal notices should be sent by email to [email protected] or by post to our registered address.

SECTION 14

Changes to these terms

We may update these terms from time to time. The updated version will be published on this page with a revised Last Updated date. For material changes, we will notify active clients by email. Continued use of this website after changes are published constitutes acceptance of the updated terms.

SECTION 15

Contact for legal matters

Waris Archive
23 Lebuh Acheh, 10200 George Town, Pulau Pinang, Malaysia
Email: [email protected]
Telephone: +60 4 371 9825