Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Silent Aurora Financial Services Sdn Bhd ("Company," "we," "our," or "us") regarding your use of our website, services, and any related content or materials.

By accessing our website at silent-aurora.com, engaging our services, or using any of our financial advisory services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms are governed by the laws of Malaysia and are subject to the jurisdiction of Malaysian courts.

2. About Our Services

2.1 Company Information

Silent Aurora Financial Services Sdn Bhd is a licensed financial advisory company registered in Malaysia and authorized by the Securities Commission Malaysia to provide financial advisory services.

Registration Number: 202301012345 (Example)
Capital Markets Services License: CMSL/A0123/2023 (Example)
Registered Address: Level 22, Menara Axiata, 9 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50470 Kuala Lumpur, Malaysia

2.2 Services Offered

We provide the following financial services:

Investment advisory and portfolio management
Wealth management and financial planning
Retirement planning and pension advisory
Insurance brokerage and advisory
Tax planning and optimization strategies
Estate planning services

2.3 Regulatory Compliance

Our services are subject to regulation by:

Securities Commission Malaysia (SC)
Bank Negara Malaysia (BNM) where applicable
Malaysian Insurance and Takaful Brokers Association (MITBA)
Other relevant regulatory bodies

3. Client Responsibilities and Eligibility

3.1 Eligibility Requirements

To use our services, you must:

Be at least 18 years of age
Have the legal capacity to enter into binding contracts
Provide accurate and complete information
Comply with all applicable laws and regulations
Not be subject to any sanctions or legal restrictions

3.2 Client Obligations

As our client, you agree to:

Provide accurate, complete, and up-to-date information
Promptly notify us of any changes to your financial situation
Pay all fees and charges in accordance with our fee schedule
Review all documents and communications promptly
Maintain the confidentiality of your account information
Comply with all applicable laws and regulations

3.3 Know Your Customer (KYC) Requirements

We are required by law to verify your identity and assess your financial situation. You must provide:

Valid identification documents (NRIC, passport)
Proof of address
Income and employment verification
Financial statements and investment experience details
Source of funds documentation

4. Investment Advisory Services

4.1 Advisory Relationship

Our advisory relationship is based on:

Fiduciary duty to act in your best interests
Professional competence and due diligence
Transparency in all dealings
Regular review and monitoring of your investments

4.2 Investment Recommendations

Our investment recommendations are based on:

Your stated investment objectives and risk tolerance
Your financial situation and investment experience
Market conditions and economic analysis
Regulatory requirements and restrictions

4.3 Suitability Assessment

Before making any recommendations, we will assess:

Your investment knowledge and experience
Your financial situation and investment capacity
Your investment objectives and risk tolerance
Your investment time horizon
Any constraints or restrictions

4.4 Limitations of Advisory Services

You acknowledge that:

All investments carry risk, including potential loss of principal
Past performance does not guarantee future results
We cannot guarantee investment returns or outcomes
Market conditions can change rapidly and unpredictably
Our recommendations are based on information available at the time

5. Fees and Charges

5.1 Fee Structure

Our fees may include:

Advisory Fees: Based on assets under management or fixed retainer
Transaction Fees: For specific investment transactions
Planning Fees: For comprehensive financial planning services
Performance Fees: Where applicable and agreed upon

5.2 Fee Disclosure

We will provide clear disclosure of:

All fees and charges applicable to your account
Fee calculation methods and payment schedules
Any third-party fees or commissions
Potential conflicts of interest related to compensation

5.3 Payment Terms

Fees are typically billed quarterly in advance
Payment is due within 30 days of invoice date
Late payments may incur additional charges
We reserve the right to suspend services for non-payment

5.4 Fee Changes

We may change our fee structure with 30 days' written notice. You may terminate the agreement if you do not agree to fee changes.

6. Risk Disclosure and Disclaimers

6.1 Investment Risks

You acknowledge and accept the following risks:

Market Risk: Risk of losses due to market fluctuations
Credit Risk: Risk of default by issuers or counterparties
Liquidity Risk: Risk of being unable to sell investments quickly
Currency Risk: Risk from foreign exchange rate fluctuations
Inflation Risk: Risk that inflation will erode purchasing power
Interest Rate Risk: Risk from changes in interest rates

6.2 No Guarantees

We make no guarantees regarding:

Investment performance or returns
Achievement of investment objectives
Preservation of capital
Market timing or predictions
Tax implications or outcomes

6.3 Professional Judgment

Our advice represents our professional judgment based on available information and our analysis. You are responsible for making the final investment decisions.

7. Confidentiality and Privacy

7.1 Confidentiality Obligations

We are committed to maintaining the confidentiality of your personal and financial information in accordance with:

Malaysian Personal Data Protection Act 2010
Securities industry regulations
Professional standards and ethics
Our internal policies and procedures

7.2 Information Sharing

We may share your information only:

With your explicit consent
As required by law or regulation
With service providers under confidentiality agreements
To protect our legal rights or interests

7.3 Data Security

We implement appropriate technical and organizational measures to protect your information from unauthorized access, disclosure, or misuse.

For detailed information about our privacy practices, please refer to our Privacy Policy.

8. Website Terms and Intellectual Property

8.1 Website Use

You may use our website for legitimate business purposes only. You agree not to:

Use the website for any unlawful purpose
Attempt to gain unauthorized access to any part of the website
Interfere with or disrupt the website's operation
Copy, reproduce, or distribute website content without permission
Use automated systems to access or scrape the website

8.2 Intellectual Property Rights

All content on our website, including text, graphics, logos, images, and software, is protected by intellectual property laws and belongs to us or our licensors.

8.3 User-Generated Content

If you submit any content to our website, you grant us a non-exclusive, royalty-free license to use, reproduce, and distribute such content for business purposes.

8.4 Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content or practices of these external sites.

9. Limitation of Liability

9.1 Liability Limitations

To the maximum extent permitted by law, our liability to you is limited as follows:

We are not liable for investment losses resulting from market conditions
Our liability for negligence is limited to the fees paid by you in the 12 months preceding the claim
We are not liable for indirect, consequential, or punitive damages
We are not liable for losses resulting from your failure to follow our advice

9.2 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including:

Natural disasters, pandemics, or government actions
Technical failures or cyber attacks
Market closures or trading suspensions
Acts of war or terrorism

9.3 Professional Indemnity Insurance

We maintain professional indemnity insurance as required by regulation to cover potential claims arising from our professional services.

10. Termination

10.1 Termination by You

You may terminate our services at any time by providing 30 days' written notice. Upon termination:

You remain responsible for fees accrued up to the termination date
We will provide final account statements and documentation
You may transfer your investments to another advisor
We will assist with the orderly transition of your account

10.2 Termination by Us

We may terminate our services with 30 days' notice, or immediately if:

You breach these Terms or any other agreement
You fail to pay fees when due
We determine the relationship is no longer suitable
Required by law or regulation

10.3 Effects of Termination

Upon termination:

All ongoing advisory services cease
You remain responsible for all accrued fees and expenses
Confidentiality obligations continue
You must make alternative arrangements for your investments

11. Dispute Resolution

11.1 Internal Complaint Process

If you have a complaint about our services:

Contact your advisor or our client services team
If unresolved, escalate to our Compliance Officer
We will investigate and respond within 21 days
If still unsatisfied, you may pursue external remedies

11.2 External Dispute Resolution

You may refer unresolved disputes to:

Securities Commission Malaysia
Investor Complaints Office
Email: [email protected]
Phone: +60 3-6204 8999
Financial Mediation Bureau
Level 25, Menara Takaful Malaysia
No. 4, Jalan Sultan Sulaiman
50000 Kuala Lumpur

11.3 Governing Law and Jurisdiction

These Terms are governed by Malaysian law, and any disputes will be subject to the exclusive jurisdiction of Malaysian courts.

12. Amendments and General Provisions

12.1 Amendments

We may amend these Terms from time to time. Material changes will be communicated to you with 30 days' notice. Continued use of our services after changes constitute acceptance of the amended Terms.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

12.3 Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between us and supersede all prior agreements or understandings.

12.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations with appropriate notice to you.

12.5 Communication

All formal communications should be in writing and delivered to:

For Us: Silent Aurora Financial Services Sdn Bhd, Level 22, Menara Axiata, 9 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50470 Kuala Lumpur, Malaysia
For You: The address provided in your account application or as updated in writing