Terms & Conditions

Definitions

Throughout these Terms and Conditions, the following terms carry the meanings set out below:

• "Agreement" — refers to these Terms and Conditions in their entirety, together with any schedules or annexures referenced herein.
• "We / Us / Our" — refers to Obsidia, a business advisory firm registered and operating in Malaysia, with its principal office at Level 9, Menara TM, Jalan Pantai Baharu, 59200 Kuala Lumpur.
• "User / You / Your" — refers to any individual or business entity that accesses this website or engages Obsidia's services.
• "Services" — refers to the advisory engagements and sessions offered by Obsidia, including the Replicability Session, Operations Manual Engagement, and Franchise Framework Programme.
• "Website" — refers to the Obsidia web presence accessible at obsidia.blog and any associated pages.
• "Content" — refers to all text, materials, frameworks, templates, and working documents produced or shared during an engagement.
• "Engagement" — refers to a formal service arrangement between Obsidia and a client, commenced upon written confirmation and payment.

Acceptance of Terms

By accessing this website or engaging Obsidia's services in any capacity, you confirm that:

• You have read, understood, and agree to be bound by these Terms and Conditions.
• You are at least 18 years of age, or are accessing this website on behalf of an organisation and have the authority to enter into binding agreements on that organisation's behalf.
• You have the legal capacity under Malaysian law to enter into a contractual arrangement.
• You will use the website and our services only for lawful, legitimate business purposes.

If you do not agree to any part of these Terms and Conditions, please discontinue use of this website and do not engage our services.

Service Description

Obsidia provides business advisory services focused on franchise readiness and operational documentation. Our offerings are structured as follows:

Services are available to clients based primarily in Malaysia. Engagements with clients outside Malaysia may be considered on a case-by-case basis. Service scope and timelines are confirmed in writing prior to commencement.

User Responsibilities

When using this website or engaging our services, you agree to the following:

Acceptable Use

• Provide accurate, complete, and current information when making enquiries or entering into an engagement.
• Co-operate in good faith throughout any advisory engagement, including providing timely access to required information.
• Use materials and frameworks produced by Obsidia solely for the purpose for which they were engaged.
• Maintain the confidentiality of any proprietary methodologies shared during an engagement.

Prohibited Activities

• Reproducing, reselling, or distributing Obsidia's methodologies, templates, or frameworks to third parties without written consent.
• Using this website or any service output for any unlawful purpose under Malaysian or applicable law.
• Misrepresenting your identity or the nature of your business when entering into an engagement.
• Attempting to reverse-engineer, copy, or replicate Obsidia's proprietary advisory frameworks for commercial redistribution.
• Engaging in conduct that could damage the reputation or operations of Obsidia.

Intellectual Property

All intellectual property rights in the Obsidia website, advisory methodologies, frameworks, and produced content remain the property of Obsidia unless explicitly agreed otherwise in writing.

Your Licence

Upon full payment of the agreed engagement fee, Obsidia grants you a limited, non-exclusive, non-transferable licence to use the specific deliverables produced for you (such as an operations manual) for your own internal business purposes.

Restrictions

• Deliverables may not be sub-licensed, sold, or provided to third parties without prior written consent from Obsidia.
• Obsidia's brand name, logo, and associated marks may not be used without express written permission.
• Advisory frameworks and session structures remain the intellectual property of Obsidia regardless of customisation.

Payment Terms

All fees are quoted and payable in Malaysian Ringgit (MYR). The following terms apply to all engagements:

• Replicability Session (RM 680): Full payment is required prior to the session date being confirmed.
• Operations Manual Engagement (RM 2,900): A deposit of 50% is required to commence work. The balance is due upon delivery of the drafted manual.
• Franchise Framework Programme (RM 4,650): A deposit of 50% is required to begin the engagement. The balance is invoiced in agreed instalments aligned with engagement milestones.

Accepted Payment Methods

Bank transfer to an Obsidia-designated account. Details are provided upon engagement confirmation. Online banking, DuitNow, and other arrangements may be accommodated on request.

Cancellation and Refunds

Cancellation requests made more than five (5) business days before a scheduled session or engagement commencement may be eligible for a partial refund of the deposit, at Obsidia's discretion. Work already commenced is non-refundable. Requests should be submitted in writing to [email protected].

Service-Specific Terms

Scope and Delivery

• The scope of each engagement is defined in a written brief or proposal agreed upon before commencement.
• Obsidia will make reasonable efforts to meet agreed timelines. Delays caused by the client's late provision of required materials may affect delivery schedules.
• Deliverables are produced in English unless otherwise agreed.

Scope Changes

Requests to expand the scope of an engagement after commencement will be assessed separately and may attract additional fees. Scope changes must be agreed in writing before additional work is undertaken.

Confidentiality

Both parties agree to treat information shared during an engagement as confidential and not disclose it to third parties without consent. This obligation survives termination of the engagement.

Disclaimers

Obsidia's services are advisory and operational in nature. The following clarifications apply:

• Obsidia does not provide legal advice, financial advice, or any form of regulated professional services. Clients requiring such advice should engage appropriate licensed professionals.
• Outcomes from advisory engagements depend significantly on the client's own implementation efforts and business circumstances. No specific business results are implied or represented.
• This website and its content are provided on an "as available" basis. While we endeavour to keep information accurate, Obsidia does not warrant the completeness or currency of any content displayed.
• References to industry trends or market conditions are informational only and should not be relied upon as the sole basis for business decisions.

Limitation of Liability

To the fullest extent permitted by Malaysian law:

• Obsidia's total liability to any client in connection with a specific engagement shall not exceed the total fees paid by that client for that engagement.
• Obsidia shall not be liable for any indirect, consequential, or incidental loss, including loss of business, profits, or opportunity arising from the use of this website or any advisory service.
• Obsidia is not liable for any failure to perform obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of nature, regulatory changes, or telecommunications failure.

Indemnification

You agree to indemnify and hold harmless Obsidia, its advisors, and associated personnel from and against any claims, losses, or expenses (including reasonable legal costs) arising from:

• Your breach of any provision of these Terms and Conditions.
• Your misuse of any materials, frameworks, or deliverables provided by Obsidia.
• Any inaccurate or misleading information you provided to Obsidia in the course of an engagement.
• Any third-party claim arising from your use of deliverables in a manner not authorised under these Terms.

Termination

By the Client

You may request to end an engagement at any time by notifying Obsidia in writing. Fees for work already completed are non-refundable. Any outstanding invoices for work delivered remain payable.

By Obsidia

Obsidia reserves the right to cease an engagement if a client fails to meet payment obligations, acts in breach of these Terms, or engages in conduct that makes it unreasonable to continue the working relationship.

Survival

Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, and dispute resolution survive the termination of any engagement or this Agreement.

Dispute Resolution

Governing Law

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

Jurisdiction

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia, with Kuala Lumpur as the agreed venue.

Informal Resolution

Before initiating formal proceedings, both parties agree to make a genuine effort to resolve any dispute through direct discussion. Either party may raise a concern in writing to [email protected]. We will aim to respond within ten (10) business days.

Mediation

If informal resolution is unsuccessful, either party may refer the matter to mediation under the Mediation Act 2012 before pursuing court proceedings.

General Provisions

Changes to Terms

Obsidia may update these Terms and Conditions periodically to reflect changes in our services, legal requirements, or operational practices.

• Updated terms will be published on this page with a revised "Last Updated" date.
• For active engagement clients, material changes will be communicated by email where reasonably practicable.
• Continued use of this website or ongoing engagement with Obsidia following an update constitutes acceptance of the revised Terms.
• We encourage you to review these Terms periodically to remain informed of any changes.

Contact Information

For questions, concerns, or formal notices relating to these Terms and Conditions, please contact us: