Legal
Terms & Conditions
Last Updated: 18 July 2025 | Effective Date: 18 July 2025
These Terms and Conditions govern your use of the Cairnrose website at https://cairnros.sbs and the administrative support services offered by Cairnrose ("we", "us", "our"), operated from Jalan Gaya 17, 88000 Kota Kinabalu, Sabah, Malaysia. By using this website or engaging our services, you agree to these terms.
1. Definitions
- "Service" or "Arrangement": the administrative and organisational support provided by Cairnrose under one of three arrangements — Path Mapping Session, Remote Family Coordination, or Complete Path Accompaniment
- "User" or "Client": any individual or family representative who uses the website or engages a Cairnrose arrangement
- "We / Us / Our": Cairnrose, the administrative support practice operated from Kota Kinabalu, Sabah
- "Engagement Agreement": the written confirmation of scope, fees, and terms issued when a service arrangement is agreed
- "Archive": the shared digital file system maintained by Cairnrose on behalf of the family during an engagement
2. Acceptance of Terms
By submitting a contact form, making an enquiry, or entering into a service arrangement with Cairnrose, you confirm that:
- You are aged 18 or older, or are a legal guardian acting on behalf of a minor
- You have the capacity to enter into a binding agreement under Malaysian law
- You have read and understood these Terms and Conditions
If you do not agree to these terms, please do not use this website or engage our services.
3. Description of Services
Cairnrose provides administrative and organisational support to families dealing with estate inventory and inheritance documentation. This includes:
- Drawing administrative path maps (step sequences for estate paperwork processes)
- Gathering, organising, and filing documents in a shared digital archive
- Scheduling appointments with government offices and relevant bodies
- Drafting correspondence for the family to review and send in their own names
- Attending administrative office visits as a support person
- Coordinating translation, attestation, and courier services on the family's behalf
Important: Cairnrose does not provide legal advice, financial advice, tax advice, or any form of professional regulated advice. Cairnrose does not represent clients before courts, tribunals, government bodies, or any official authority. Steps in the process that require a qualified legal or financial professional are identified on the path map and referred accordingly.
Services are available to families with estates located in Malaysia, with primary operational coverage in Sabah and East Malaysian districts.
4. Archive Access
For arrangements that include a shared digital archive:
- Access is granted only to individuals named by the client at the outset or added with the client's written consent
- Clients are responsible for ensuring that named archive users access the archive only for legitimate purposes related to the estate
- Cairnrose may revoke access for any user who misuses the archive or acts in breach of these terms
- Archive credentials must not be shared with persons not named in the engagement agreement
5. User Responsibilities
By engaging Cairnrose, you agree to:
- Provide accurate and complete information about the estate and the relevant parties involved
- Inform Cairnrose promptly of any changes that affect the scope of the engagement (new assets identified, new parties to the estate, etc.)
- Use the website and any archive access only for purposes consistent with the engagement
- Not use this website to transmit unlawful, defamatory, or harmful content
- Not attempt to access parts of the website or archive to which you have not been granted access
6. Intellectual Property
All content on the Cairnrose website — including text, layout, graphics, and methodology documents — is the property of Cairnrose and may not be reproduced, distributed, or used for commercial purposes without prior written consent.
Path maps, written notes, progress reports, and other materials produced by Cairnrose during an engagement are provided for the client's personal use in connection with the estate only. They may not be resold, sublicensed, or distributed.
7. Fees and Payment
Fees for Cairnrose arrangements are stated in Malaysian Ringgit (RM). Current fees:
- Path Mapping Session: RM 530 per session
- Remote Family Coordination: RM 1,780 for a three-month scope
- Complete Path Accompaniment: RM 4,520 for a six-to-nine-month scope
These fees cover Cairnrose's organisational and coordination work only. They do not include government office fees, disbursements, courier charges, third-party translation fees, or fees charged by any independent professional firm engaged by the family. These additional costs are outlined during the initial conversation before the engagement is confirmed.
Payment: payment terms are specified in the Engagement Agreement. A deposit may be required before work commences. Invoices are payable within 14 days of issue by bank transfer to the account details provided.
Cancellations: cancellations made more than five working days before a scheduled session will receive a full refund of any deposit paid. Cancellations within five working days will not receive a deposit refund. For ongoing engagements, fees paid for completed periods are not refundable. Fees for periods not yet commenced are refundable on 14 days' written notice of termination.
8. Service Delivery Terms
Cairnrose will make reasonable efforts to deliver services within the timelines stated in the Engagement Agreement. However:
- Timelines are estimates and may be affected by delays at government offices, incomplete information provided by the client, public holidays, or other factors outside Cairnrose's control
- Cairnrose will notify the client promptly when a significant delay is identified and will adjust the remaining schedule accordingly
- Pause periods requested by the client are accommodated without penalty, subject to reasonable advance notice and scheduling availability
9. Disclaimers
Cairnrose provides administrative and organisational support services. We make no representation that:
- The information or path maps we produce constitute legal, financial, or professional advice of any kind
- Following the path map will produce any particular legal or financial outcome
- Government offices will process applications within any stated timeframe
- All stones on the path map are complete — maps are based on information available at the time of the session and may require updating as new information emerges
The website and its content are provided "as is". We do not warrant that the website will be available at all times or be free from errors.
10. Limitation of Liability
To the maximum extent permitted by Malaysian law, Cairnrose's total liability to you in connection with any engagement shall not exceed the fees paid by you for the specific arrangement in which the liability arises.
Cairnrose shall not be liable for:
- Any loss arising from delays by government offices or third parties
- Any loss arising from decisions made by the client or their appointed professional firm based on path maps or notes produced by Cairnrose
- Indirect, consequential, or special losses of any nature
- Any loss arising from force majeure events, including natural disaster, government restrictions, or internet disruptions
11. Indemnification
You agree to indemnify and hold harmless Cairnrose and its staff from any claims, losses, or expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of the archive or website, or inaccurate information you provided to Cairnrose that caused loss or damage.
12. Termination
Either party may terminate an engagement arrangement by providing 14 days' written notice. On termination:
- Cairnrose will provide a final summary of stones completed and any outstanding items
- The archive will remain accessible to the client for 30 days following the notice period, after which access will be closed unless otherwise agreed
- Fees for completed periods are not refundable; fees for periods not yet commenced are refundable
Cairnrose reserves the right to terminate an engagement immediately and without refund if the client provides materially false information, uses the service for unlawful purposes, or engages in conduct that is threatening or abusive toward Cairnrose staff.
13. Dispute Resolution and Governing Law
These Terms are governed by the laws of Malaysia. In the event of a dispute:
- The parties agree to attempt informal resolution by email or telephone within 30 days of written notice of the dispute
- If informal resolution fails, disputes will be referred to mediation under the rules of the Malaysian Mediation Centre before court proceedings are initiated
- The courts of Sabah, Malaysia shall have jurisdiction over any matters not resolved by mediation
Your rights as a consumer under the Malaysian Consumer Protection Act 1999 are not affected by these terms.
14. General Provisions
- Entire agreement: these Terms, together with the Engagement Agreement and Privacy Policy, constitute the entire agreement between the parties for each service engagement
- Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force
- Waiver: failure by Cairnrose to enforce any term does not constitute a waiver of the right to enforce it in the future
- Assignment: you may not assign your rights or obligations under these Terms without prior written consent from Cairnrose
- Notices: formal notices must be sent by email to the addresses stated in these Terms or the Engagement Agreement
15. Changes to These Terms
We may update these Terms from time to time. Updates will be posted on this page with a revised Last Updated date. For active engagement clients, we will provide notice by email at least 14 days before material changes take effect. Continued use of our services after the effective date constitutes acceptance of the revised Terms.
16. Contact
For questions about these Terms: