Terms & Conditions
These terms govern the engagement of legal services provided by Larkpoint ("the Firm"). By instructing us or using this website, you acknowledge that you have read and understood these terms. We recommend taking time to read them carefully before proceeding.
Definitions
In these Terms and Conditions, the following terms carry the meanings set out below:
- "Firm" / "We" / "Us"
- Larkpoint, a legal practice registered and operating in Malaysia at 38 Lorong Kuda, 50470 Kuala Lumpur.
- "Client" / "You"
- Any individual or entity that engages the Firm for legal services or accesses this website.
- "Services"
- Legal advisory, representation, and compliance services as described on this website and in the Letter of Engagement.
- "Agreement"
- These Terms and Conditions, together with any Letter of Engagement or Retainer Agreement entered into between the Firm and the Client.
- "Website"
- The website accessible at larkpoint and all associated pages.
- "Content"
- All text, documents, advice, legal submissions, and materials produced by the Firm in the course of delivering Services.
Acceptance of Terms
Engaging the Firm for Services, submitting a contact or enquiry form, or continuing to use this website constitutes your acceptance of these Terms and Conditions in full.
To engage the Firm, you must be at least 18 years of age and possess the legal capacity to enter into a binding agreement under Malaysian law. Where you represent a company or other entity, you confirm that you have authority to bind that entity.
If you do not agree with any part of these terms, you should not proceed with engagement or continued use of this website.
Service Description
Larkpoint provides legal services in the field of insurance law in Malaysia, including Insurance Claim Advisory, Policy Dispute Resolution, and Insurance Regulatory Compliance. The specific scope of services in each engagement will be documented in a Letter of Engagement.
The Firm operates primarily within Malaysia and its services are directed at matters arising under Malaysian law, including the Financial Services Act 2013 and relevant Bank Negara Malaysia guidelines. Clients with matters involving foreign jurisdictions should enquire separately.
The availability and scope of any service may change from time to time. The Firm will endeavour to communicate material changes to ongoing clients in a timely manner.
Client Engagement
A formal engagement begins upon execution of a Letter of Engagement or Retainer Agreement. Until such documentation is signed and an initial payment received (where applicable), the Firm does not accept a professional obligation to act.
Preliminary consultations or enquiries through this website do not constitute a solicitor-client relationship. Clients are responsible for maintaining the confidentiality of any login credentials or portal access provided.
The Firm reserves the right to decline or discontinue an engagement where a conflict of interest is identified or where, in the Firm's professional judgement, accepting the matter would not be appropriate.
Client Responsibilities
Clients are expected to provide accurate, complete, and timely information relevant to their matter. The quality of advice the Firm can provide depends on the information made available to us.
Clients must not:
- Provide false, misleading, or incomplete information
- Use the Firm's services in connection with any unlawful activity
- Attempt to use the website in any manner that may disrupt its operation
- Reproduce, distribute, or commercially exploit materials produced by the Firm without written authorisation
- Instruct the Firm in a manner that would constitute a breach of professional conduct rules
Clients are responsible for meeting all deadlines communicated by the Firm in connection with their matter and for promptly responding to requests for instructions.
Intellectual Property
All website content, including text, layout, branding, and design elements, is the property of Larkpoint and is protected under Malaysian intellectual property law. Unauthorised reproduction is not permitted.
Legal documents, submissions, correspondence, and advice prepared by the Firm for a specific client engagement may be used by that client for the purposes for which they were produced. They may not be repurposed, shared commercially, or represented as independent legal advice to third parties without the Firm's written consent.
Where clients supply documents or materials to the Firm, the client retains ownership of those materials. The Firm is granted a limited licence to use such materials solely for the purposes of the engagement.
Payment Terms
All fees are quoted in Malaysian Ringgit (RM) and are subject to the prevailing rate of Sales and Services Tax (SST) where applicable. Published fees represent starting rates; the final fee will be confirmed in the Letter of Engagement based on the scope of the matter.
Payment is accepted by bank transfer to the Firm's designated client account. Details will be provided in the Letter of Engagement. The Firm may require payment of a deposit or retainer before commencing work.
Invoices are due within fourteen (14) days of issuance unless otherwise agreed in writing. The Firm reserves the right to pause or suspend services where invoices remain outstanding beyond the due date.
Disbursements — including court filing fees, search fees, and third-party costs — are payable by the client in addition to professional fees and will be invoiced separately.
Refunds are considered at the Firm's discretion and are addressed on a case-by-case basis, taking into account work already completed and costs incurred. Disputes relating to invoices should be raised in writing within seven (7) days of receipt.
Service-Specific Terms
Insurance Claim Advisory
Advisory services are provided on the basis of information and documentation supplied by the client. The Firm's role is to assist in navigating the claims process and does not extend to making representations about the outcome of any claim. Clients remain responsible for submitting documentation to insurers within applicable policy deadlines.
Policy Dispute Resolution
Where the Firm is instructed to represent a client in dispute proceedings — including negotiations, Financial Ombudsman submissions, or court matters — a separate Letter of Engagement will be prepared for each stage of the proceeding. Litigation timelines are subject to court scheduling and are outside the Firm's control.
Insurance Regulatory Compliance
Compliance advisory is provided based on applicable laws and Bank Negara Malaysia guidelines at the time of instruction. Regulatory requirements are subject to change; the Firm does not undertake to monitor or notify clients of subsequent regulatory updates unless specifically retained to do so.
Disclaimers
Information provided on this website is for general reference purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this website.
The Firm makes no representation that any particular outcome will be achieved in any matter. Legal proceedings are subject to judicial discretion, and results in previous matters are not indicative of future results.
While reasonable care is taken to maintain accurate and current information on this website, the Firm does not warrant that all content is free from errors or that it reflects the most recent legal developments.
Limitation of Liability
To the extent permitted by Malaysian law, the Firm's aggregate liability to any client in connection with a specific engagement shall not exceed the total professional fees paid by that client under the relevant Letter of Engagement.
The Firm shall not be liable for indirect, consequential, or special losses, including loss of income, loss of contracts, or reputational damage, whether or not such losses were foreseeable.
Nothing in these terms excludes or limits liability for fraud, wilful misconduct, or any matter which cannot lawfully be excluded under applicable Malaysian law or the Legal Profession Act 1976.
Indemnification
The client agrees to indemnify the Firm against any loss, cost, claim, or liability arising from the client's breach of these terms, the provision of false or misleading information, or the client's use of the Firm's services in a manner inconsistent with these terms or applicable law.
This indemnity includes reasonable legal costs incurred by the Firm in defending any claim arising from a client's conduct.
Termination
Either party may terminate a legal engagement by providing written notice to the other. Termination does not extinguish any obligations that have already arisen, including the client's obligation to pay for work completed to the date of termination.
The Firm may withdraw from an engagement without prior notice where required by professional conduct obligations, where the client provides false instructions, or where outstanding fees remain unpaid despite reasonable notice.
Upon termination, the Firm will take reasonable steps to protect the client's position in the matter and to assist with a smooth handover to alternative representation where possible.
Clauses relating to payment, intellectual property, confidentiality, and limitation of liability survive termination of any engagement.
Dispute Resolution
These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising out of or in connection with these terms or a legal engagement shall be subject to the exclusive jurisdiction of the courts of Malaysia, with Kuala Lumpur as the primary venue.
Before initiating formal proceedings, the parties agree to attempt to resolve any dispute through direct communication. The client should contact the Firm in writing at legal@larkpoint to raise any concern. The Firm will endeavour to respond within ten (10) working days.
Where direct resolution is not possible, the parties may consider mediation as an alternative to litigation. The Firm is open to exploring mediation in appropriate circumstances.
General Provisions
Entire Agreement: These terms, together with any Letter of Engagement, represent the entire agreement between the Firm and the client with respect to the subject matter and supersede any prior representations or discussions.
Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full effect.
Waiver: A failure by either party to enforce any provision of these terms does not constitute a waiver of the right to enforce that provision in the future.
Assignment: Clients may not assign their rights or obligations under any engagement without the Firm's prior written consent. The Firm may assign work within the practice to qualified personnel at its discretion.
Notices: Formal notices under these terms should be sent by email to legal@larkpoint or by post to 38 Lorong Kuda, 50470 Kuala Lumpur.
Changes to Terms
The Firm may update these Terms and Conditions from time to time to reflect changes in its services, applicable law, or regulatory requirements. The date of the most recent update will be shown at the top of this page.
Where changes are material, the Firm will take reasonable steps to notify active clients. Continued engagement with the Firm following any update constitutes acceptance of the revised terms.
Contact Information
For questions relating to these Terms and Conditions, please contact the Firm using the details below: