Homage Policies

Homage Terms of Use

Terms of Use
1. 1. These terms of use (“Terms“) apply to and govern your access to and use of the online platforms (collectively, the “Platforms” and each a “Platform“) which are operated by or for or on behalf of Homage Sdn. Bhd. (“Homage“) (Reg. No.:201801019157) for the purposes of Homage providing services to its customers. The Platforms include the website http://www.homage.com.my/ and the mobile applications [“Homage for Care Pros”] and [“Homage – Quality Home Care for Seniors”] and such other online platforms as Homage may introduce from time to time. By accessing a Platform, you acknowledge that you have read and understood the Terms and agree to be bound by them in respect of the access and use of such Platform.
  2. Homage periodically reviews the Terms and reserves the right to modify the Terms at any time in its sole discretion, without any notice to you. Such modifications shall take effect immediately upon the posting of the modified Terms. You agree to review the Terms regularly to be aware of such modifications. Your continued access to or use of a Platform after such modifications shall be deemed to constitute your conclusive acceptance of the modified Terms in respect of the use of such Platform.
  3. Additional terms and conditions may apply to specific portions or features of a Platform, including contests, promotions or other similar features, all of which terms and conditions shall be incorporated into these Terms by reference. In addition, certain content or services provided through a Platform may be accompanied by their own licensing terms and conditions. If there is any conflict between any of the provisions of these Terms and any provision of such terms and conditions, the provisions of these Terms shall prevail.
  4. Homage shall be entitled at any time to add, change or withdraw any of the functions available or to be made available on any or all of the Platforms at its own discretion.
  5. Your access to or use of the Platforms will be subject to any other guidelines, procedures, policies and regulations which may from time to time be prescribed, introduced, varied and/or amended by Homage, including Homage’s Privacy Policy (which can be found at http://www.homage.com.my/privacypolicy).
  6. By accessing any of the Platforms, you represent and warrant that:
    1. you are of legal age of majority to contract in the jurisdiction in which you reside and in any event, no less than 18 years of age; and
    2. you are legally capable and permitted to accede to the Terms.
  7. These Terms shall be void where prohibited by applicable law and you shall have no rights under the Terms in such circumstances.

2. User Profile

1. 1. You must register an account (“User Profile“) on a Platform if you wish to use certain of the services available through the Platform (including making a booking request for in-home care services from a care professional).
  2. You will need to create a username and password to register your User Profile. As part of the registration of a User Profile, Homage may require you to complete a verification process (in such manner as may be determined by Homage from time to time) to verify the information which you have provided to Homage. You agree to provide truthful, accurate and complete information when you register your User Profile (including in connection with any verification process) and you agree to maintain and update any information so provided. Any false identification, email address, telephone contact number or otherwise misleading information about your identity is strictly forbidden and Homage shall be entitled to delete your User Profile in such circumstances.
  3. By registering a User Profile, you represent that the information provided to Homage is truthful, accurate and complete and that you will ensure that the information you have provided is constantly up to date. Your information can be updated by logging in to your User Profile and making the necessary changes.
  4. Your User Profile is personal to you and is not transferable to third parties. You must only register one User Profile. Multiple accounts will be deleted. Homage reserves the right in its sole discretion to delete any User Profile it believes to be duplicative.
  5. A User Profile registered on a Platform will be available for use across all Platforms, and you shall be able to access and use any Platform and/or the services available through any Platform using your registered User Profile.
  6. You are responsible for the safekeeping and maintaining the confidentiality of your username and password. You shall not disclose to any person your username or password and shall not permit or authorise any person to use your username or password for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your username and password against misuse by third parties.
  7. Homage may treat any access to or use of a Platform and/or the services available through a Platform through your User Profile as access or use by you, notwithstanding that it may have been accessed or used by any other person without your knowledge or authority. You shall be personally responsible and liable for any such access and use (including all information posted on or transmitted via any or all of the Platforms by anyone using your username and password and any payments due for any services acquired through any or all the Platforms by anyone using your username and password).
  8. Should you learn that your User Profile has been used in an unauthorised manner to access or use any of the Platforms and/or the services available through any of the Platforms or effect any transaction in connection with such access or use (“Unauthorised Use“), you shall:
    1. immediately notify Homage of the Unauthorised Use;
    2. at Homage’s request, make a police report of the Unauthorised Use;
    3. provide Homage with any other information relating to the Unauthorised Use as Homage may request; and
    4. immediately change the password to your User Profile.
  9. Homage may notify you of matters related to any or all of the Platforms or the services available through any or all of the Platforms (including transactional matters relating to such services) by sending an email message to the email address listed under your User Profile, an electronic message to the mailbox assigned to your User Profile or a letter via postal mail to the mailing address listed under your User Profile. Notices shall become effective immediately.
  10. Homage reserves the right in its sole discretion to delete your User Profile if Homage determines in its sole discretion that you have breached any of these Terms.

3. Privacy

1. 1. During your access to or use of a Platform or any of the services available through a Platform, Homage may collect your personal information (including information you enter into your User Profile).
  2. The personal information collected by Homage will be maintained, used, disclosed, stored and/or transferred in accordance with Homage’s Privacy Policy. You can access the Privacy Policy at http://www.homage.com.my/privacypolicy.
  3. Any information that you disclose in the public areas of any of the Platforms such as message boards and forums becomes public information. You should exercise caution when disclosing your personal information in this way.

4. Acceptable Use

1. 1. You shall be responsible for any content that you post or transmit on or through any of the Platforms.
  2. If you have a User Profile, you can post ratings of service providers (“Ratings”) on the Platforms. Ratings will identify the User Profile that has posted the Rating. Unjustified multiple Ratings, self-Ratings and other forms of Ratings that attempt to have a distorting influence on the Rating system are prohibited and may be deleted.
  3. The following provisions shall apply to all content (including Ratings) posted on or transmitted on or through any of the Platforms:
    1. Content must be based on demonstrable facts, must be written fairly and objectively and must not contain any content which is offensive or abusive, liable to criminal prosecution or otherwise unlawful.
    2. Content that violates the requirements set out in Clause 4.3.1 will not be published or may be deleted.
    3. By posting or transmitting any Content on any of the Platforms, you grant Homage, free of charge, a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to use, store, copy, modify or otherwise exploit or deal with the content in any manner it sees fit, including using it for further services, passing it on to third parties or publishing it.
  4. You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Homage or any of the users of any of the Platforms by any means.
  5. You agree to use the Platforms in a manner consistent with all applicable laws and regulations. Specifically, you will not use any of the Platforms in any way:
    1. which breaches any of these Terms;
    2. to post, transmit, distribute, link to, or solicit content that contains any advertising and promotional message;
    3. which violates or infringes any laws, regulatory requirements or codes applicable in Malaysia;
    4. which infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
    5. to post, transmit, distribute, link to, or solicit content that contains any obscene, offensive, defamatory or otherwise actionable material;
    6. which undermines the security or integrity of any of the Platforms, including without limitation by importing any spyware, viruses, Trojan horses, worms, keystroke loggers, time bombs or other disabling devices or malicious computer software intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
    7. to post, transmit, distribute, link to, or solicit content that contains any errors, whether technical or otherwise; or
    8. to post, transmit, distribute, link to, or solicit content that contains any material in any form that would otherwise render Homage liable or expose Homage to any proceedings whatsoever.
  6. You shall not use any robot, spider, or other automatic or manual device or process to monitor or copy any portion of any content contained in any of the Platforms without Homage’s express written permission.
  7. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of any of the Platforms, or to impose an unreasonable or disproportionately large load on the servers serving any of the Platforms.
  8. You acknowledge that some of the content available on the Platforms may be posted on or via the Platforms by third parties, including content provided by blogs or reviews or comments made by users of the Platforms. Homage shall not be responsible for the accuracy of or any errors or omissions in any content available on any of the Platforms.
  9. Homage shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available on any of the Platforms. Without limiting the foregoing, Homage shall have the right to remove any content that violates these Terms or is otherwise objectionable.
  10. Homage assumes no responsibility for monitoring any of the Platforms for inappropriate content. If at any time Homage chooses, at its sole discretion, to monitor any of the Platforms, Homage nonetheless assumes no responsibility for the content available on any of such Platforms.

5. Intellectual Property

1. 1. Content available on the Platforms (including information, communications, software, images, sounds contained on or available through the Platforms) is provided by Homage, its content providers and third-party licensors. The intellectual property rights to or over the contents available on the Platforms belong to Homage, its content providers and/or third-party licensors. All rights are reserved. Subject to Clause 5.2, you must not reproduce, modify, transfer, distribute, republish, download, post, or transmit in any form or by any means, including electronic, mechanical photocopying or recording, any of the content available on any of the Platforms without the prior written permission of Homage. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Platforms may not be used for commercial purposes or distributed commercially.
  2. Notwithstanding Clause 5.1, you may view, store, print and display the content available on the Platforms solely for your personal, non-commercial use.
  3. Your access to or use of the Platforms should not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, tradenames, logos or service marks appearing on any of the Platforms without Homage’s prior written consent. You may not, without Homage’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to Homage’s website or any of the Platforms or any other website or platform.
  4. You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate any of the Platforms or create derivative works based on any of the Platforms. For the purposes of these Terms, “reverse engineering” shall include the examination or analysis of any of the Platforms to determine the source code, structure, organisation, internal design, algorithms or encryption devices of any of such Platform’s underlying technology.

6. Disclaimer of Warranties

1. 1. The uses of any and all of the Platforms is at your own risk.
  2. Homage takes certain industry-accepted precautions to secure the Platforms or portions of the Platforms. However, Homage does not warrant that:
    1. the access to or use of the Platforms will meet your requirements;
    2. the Platforms will always be available;
    3. the access to or use of the Platforms will be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code;
    4. the quality of any products, services, information, or other material (including the content and services) purchased or obtained by you through your access to or use of the Platforms will meet your expectations; or
    5. any errors in the Platforms will be corrected.
  3. By accessing and using any of the Platforms, you understand and agree that:
    1. You assume total responsibility and risk for your access to and use of the Platforms. Homage does not make any express or implied warranties, representations or endorsements whatsoever with regard to any of the Platforms or any content or service provided through any of the Platforms, and shall not be liable for any cost or damage arising directly or indirectly from any such transaction. The content and services available on the Platforms are provided to you on an “as is, as available” basis without warranty or condition of any kind.
    2. Any content downloaded, uploaded or otherwise obtained through your access to and use of any of the Platforms is done at your own risk and discretion. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Platforms.

7. Indemnity

1. 1. To the extent permitted by applicable law, you agree to indemnify and hold harmless Homage, its shareholders, directors, officers, employees, agents and representatives (collectively, the “Indemnified Parties”), from and against any and all claims, demands, actions, judgments, losses, liabilities, damages, costs and expenses of whatever nature (including legal costs on a full indemnity basis) which any or all of the Indemnified Parties may incur or suffer as a result of, arising out of or in connection with your access to or use of any of the Platforms, your breach of any of these Terms, or your infringement or violation of the rights of any third party.
  2. The obligations under this Clause 7 shall survive any termination of your relationship with Homage or your access to or use of the Platforms. Homage reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with Homage in asserting any available defences.

8. Limitation of Liability

1. 1. To the extent permitted by applicable law, Homage shall not be liable to you in any way whatsoever for any loss, damages or costs, whether in contract or tort (including negligence or breach of statutory duty) or otherwise arising out of or in connection with your access to or use of any of the Platforms or other content or services provided through any of the Platforms.
  2. If you are dissatisfied with any portion of any of the Platforms or with any provision in these Terms, your sole and exclusive remedy is to terminate the Terms and discontinue your access to or use of the Platforms.

9. Third-Party Websites and Third-Party Content

1. 1. The Platforms may contain hyperlinks or other redirection tools to websites or applications that are owned or operated by third parties. Such websites or applications are not controlled by Homage and do not form part of any of the Platforms. If you choose to use such hyperlinks or redirection tools to access such websites or applications, you agree to review and accept such websites’ or applications’ terms and conditions of use before accessing such websites or applications. You access such third-party websites and applications at your own risk.
  2. Homage does not assume any responsibility for material created or published by such third-party websites or applications, and by providing a link to such third-party websites or applications, Homage does not imply that Homage endorses the websites or applications or the products or services referenced in such websites or applications. You acknowledge that Homage has no control over, excludes all liability for and cannot be deemed to have endorsed the content of any material on the Internet which can be accessed by using the Platforms.
  3. You agree that caching, hyperlinking to, and framing of Homage’s website or any of its contents are strictly prohibited.
  4. Homage reserves all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property or proprietary, privacy or publicity rights.

10. Dispute Resolution

1. 1. These Terms shall be governed by and construed in accordance with the laws of Malaysia.
  2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and settled by arbitration in accordance with the Asian International Arbitration Centre (AIAC) Rules. The seat of the arbitration shall be Malaysia. The arbitration shall be conducted in English. The arbitral tribunal shall consist of one arbitrator. Notwithstanding anything to the contrary in this Agreement, any party may at any time without regard to any notice periods required by the provisions hereof, and as often as is necessary or appropriate, seek any injunctive relief or measures, or any interlocutory, provisional or interim relief or measures, from any court of competent jurisdiction.

11. General

1. No failure or delay by Homage in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy under these Terms preclude any other or further exercise thereof or the exercise of any other right or remedy.
2. If any provision in these Terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provision of these Terms but these Terms shall be construed as if such invalid or illegal or unenforceable provision had never been contained in these Terms.
3. You shall not assign, transfer or subcontract, or purport to assign, transfer or subcontract, any of your rights, interests or obligations under these Terms without the prior written consent of Homage. Homage shall be entitled to assign, transfer or subcontract any or all of its rights, interests and obligations under these Terms to any third party without your prior written consent.

Privacy Policy

Our commitment to privacy
1. 1. Homage Sdn. Bhd. (“Homage”) knows that protecting the privacy and confidentiality of your personal information is important. Homage shall therefore only use your name and other information that relates to you in the manner set out in this Privacy Policy. Homage will only collect information where it is necessary for Homage to do so and if it is relevant to Homage’s dealings with you, in the manner set out in this Privacy Policy. Homage will only keep your information for as long as Homage is either required to by law or as is relevant for the purposes for which it was collected.
  2. The collection, use and disclosure of personal information (see Clause 2.1 for a definition) by Homage are governed by the Personal Data Protection Act 2012 (the “Act”). This Privacy Policy explains what personal information is collected from users of Homage’s website and/or other online platforms (collectively, the “Platforms”) and services and how such personal information is used and disclosed to other parties. It also explains how you can ask questions, make suggestions, and complain about Homage’s privacy practices.
  3. This Privacy Policy applies to personal information collected by Homage. Note that Homage may contain links to other websites provided and maintained exclusively by third parties not subject to this Privacy Policy. Please review the privacy policies on any third party websites to determine their information handling practices. Homage will not be liable under any circumstances for any damages whatsoever, direct or indirect, resulting from any use of Homage or any other third party website linked to Homage, whether or not Homage is advised of the possibility of such damages. This Privacy Policy is available to the public in electronic form at https://www.homage.my/terms-and-conditions/#blog-tabs|1. If you have any additional concerns or questions, you are encouraged to contact Homage and Homage will address your concerns to the best of its ability. Please read this Privacy Policy carefully and check back periodically as Homage updates it from time to time. By submitting your personal information to Homage and by visiting Homage, you signify your agreement to the terms and conditions of this Privacy Policy, and expressly consent to the collection, use and disclosure of your personal information in the manner and for the purposes set out in this Privacy Policy.
  4. If you have any comments, suggestions or complaints, you may contact Homage (and Homage’s Data Protection Officer) by email at [email protected].

2. What is personal information?

1. 1. “Personal information” refers to data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the organisation has or is likely to have access, whether stored in electronic or non-electronic form. “Personal information” does not include the name, title, business address or telephone number of an employee of an organisation. Information used solely for journalistic purposes is exempted from the Act.

3. What personal information does Homage collect, and why?

1. 1. Homage collects your personal information for specific, limited purposes, as set out in this Clause 3. Information is collected by fair and lawful means.
    1. Homage collects contact information (for example, name, address, email address, and telephone numbers) when you register at any of the Platforms. This information is used to complete your Homage bookings and respond to your inquiries.
    2. Homage also collects credit card and bank account information as needed to process payments for Homage’s services. Homage does not permanently store your credit card and bank account information.
    3. If you enter a contest or other promotion, Homage collects your personal contact information to administer the contest or promotion, including for the purposes of contacting, announcing and promoting prize winners.
    4. Homage collects booking history and a list of promotions offered to you (“History”) in order to gain a better understanding of your interests so that Homage may develop better services and to determine eligibility for Homage’s services.
    5. Homage collects and stores your location history to establish your location, improve your experience and from time to time to send you information, such as promotional offers, that are most relevant to your geographic location.
    6. Homage keeps notes and special instructions in respect of your personal information on file to help Homage fulfil your care service requirements and care bookings, and provide customer service.
    7. Homage also collects your personal information to help Homage improve the services provided by Homage (including the types of services offered by Homage, the quality of the care professionals used to provide the services, Homage’s internal care operations, customer service and support, and outreach services).
    8. If you wish to apply for a job on any of the Platforms, Homage will collect personal information such as your name, email address, phone number and additional information such as resume and gender. Homage uses the information, collected through the Platforms to register and process your application, to determine your qualifications for the position for which you have applied and to contact you.
    9. If you choose to opt out of any use of your personal information in accordance with Clause 6, Homage keeps your contact information on a list so that your request can be honoured.
    10. If you complain to any of Homage’s departments for any reason, Homage collects your contact information and the nature of your complaint for the purpose of investigating your complaint and responding to you.
    11. If you are a service provider, Homage collects your personal and/or business identification details for tax reporting purposes and your contact information in order to pay you through Homage’s third-party payment agent. Homage may also collect financial information (for example, banking details and credit history) from Homage’s service providers to assess credit risk, sales data to prepare commission reports and other information to help Homage evaluate its services.
    12. Additional purposes for the collection, use or disclosure of personal information, which are not set out in this Privacy Policy, will be set out at the time of collection. Homage will obtain your consent to such additional purposes no later than at the time of such collection.
    13. Collection of Computer Data: Homage may use cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, safer and personalised experience when you use Homage’s services and/or access any of the Platforms. When you visit Homage’s website, Homage’s servers will automatically record information that your browser sends whenever you visit a website. This data may include:
      1. your computer’s IP address;
        
        browser type;
        
        webpage you were visiting before you came to Homage’s website;
        
        the pages within Homage’s website which you visit; and
        
        the time spent on those pages, items and information searched for on Homage’s website, access times and dates, and other statistics.
      This information is collected for analysis and evaluation in order to help Homage improve Homage’s website and the services and products Homage provides.
    14. Internet Cookies: An internet cookie is a small piece of information that a website stores on your internet browser. Homage uses cookies to better understand how you use Homage’s website and to improve your experience. For example, a cookie may recall a set of preferences you have set for Homage’s website. Storing cookies on your web browser allows Homage to present you with custom web pages and other content that are tuned with your preferences. These activities are invisible to you, and are generally intended to improve your internet surfing convenience. Unless you have set your preferences so that you will be alerted when a cookie is being stored on your computer, you will not know about it.
    15. If you are concerned about cookies, you may disable them by adjusting the privacy and security settings of your mobile device or web browser. However, please be aware that by disabling cookies, you may not be able to use all portions of Homage’s website and may not have the optimal experience.
    16. If you sign up for Homage through your social media account or by linking your Homage account to your social media account, or use certain other Homage social media features, but in any case give Homage authorisation to access your personal information on your social media account, you expressly consent for Homage to collect, use and disclose such personal information from your social media account in accordance with the settings of your authorisations for the purposes set out in this Privacy Policy. Homage will manage the personal information which Homage has collected in accordance with this Privacy Policy. Please refer to the privacy settings of the social media website or application to determine how you may adjust your authorisations and manage the interactivity between Homage and your social media account or your mobile device.
    17. Homage may place advertising or other links on any of the Platforms that originate from outside advertisers. If you view these ads, the advertisers may assign a cookie. Homage does not control these cookies, nor is it responsible for any marketing or other use of your name by these advertisers.

4. Market Research

1. 1. Occasionally, Homage asks its users to complete market research surveys. Survey results are aggregated and shared with Homage’s advertisers, sponsors and related corporations in a manner that does not disclose personal information.

5. To whom does Homage disclose personal information, and why?

1. 1. Homage may use or disclose your personal information under the following circumstances:
    1. Homage may use the contact information and History collected from you to send you promotional offers and information from Homage, its related corporations and from selected sponsors or advertisers (“Marketing Offers”). Homage may disclose your personal contact information to related corporations and selected sponsors and advertisers in order to provide you with Marketing Offers. If you do not wish to receive Marketing Offers, you may opt out at any time by following the procedure set out in Clause 6.
    2. Homage may transfer your personal information to service providers acting on its behalf in order to perform processing and other specialised services, for example, prize fulfilment of Homage’s contests, collection of overdue accounts, service delivery, credit card or bank transfer processing.
    3. Homage may disclose your personal information to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners pursuant to Clause 13.
    4. Homage may disclose your personal information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of its business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Homage will require such parties to treat your personal information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.
  2. In disclosing or transferring your personal information to third parties and/or Homage’s related corporations located overseas, Homage will ensure that the receiving jurisdiction has in place a standard of protection accorded to personal information that is comparable to the protection under or up to the standard of the Act.

6. Withdrawal of Consent and Opting Out

1. 1. Homage will obtain your express consent to collect, use and disclose your personal information for any additional purposes not set out in this Privacy Policy at or prior to the time of collection.
  2. You may, at any time, withdraw your consent to and opt out of Homage’s collection, use and/or disclosure of your personal information for any the purposes set out in Clauses 3, 4, and/or 5 by contacting Homage at its email address set out in Clause 14.3 below.
  3. Please note that if you opt out of allowing Homage to collect, use and/or disclose your personal information for any of the purposes set out in this Privacy Policy, Homage may not be in a position to continue to provide Homage’s services to you or perform any contract Homage has with you. Homage’s rights and remedies (legal or otherwise) are expressly reserved in such an event.
  4. If you do not wish to receive Marketing Offers, you may opt out at any time by doing any of the following:
    1. follow the instructions at the bottom of any email Marketing Offer you receive;
    2. inform your telemarketer at the time you are called with a Marketing Offer; or
    3. email Client Services at [email protected] and request that your personal information not be used for Marketing Offers.

7. Security of Your Personal Information

1. 1. Homage maintains personal information in a combination of paper and electronic files. Homage takes technical, contractual, administrative and physical security measures to protect your personal information. Not all Homage interactions require that credit card and/or bank information be provided. If you provide credit card and/or bank account information to Homage, Homage works to help protect the security of your credit card and/or bank account information by using industry standard secure sockets layer (SSL) encryption technology.
  2. Please be aware that email is not a secure medium, and any personal information you send to Homage by email could be intercepted. If your communication is very sensitive, or includes information such as your credit card number and/or bank account information, you should not send it electronically unless the email is encrypted or your browser indicates that the access to Homage’s website is secure. Materials posted to online forums such as bulletin boards or chat rooms are public, not secure and may be viewed by anyone. Any personal information you post may be collected and used by anyone and may result in unsolicited messages from other internet users.
  3. If you believe your privacy has been breached by Homage, please contact Homage at [email protected].
  4. Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your Homage password with anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your personal information and other information submitted to Homage. You could also be subject to legally binding actions taken on your behalf.

8. No Spam, Spyware, or Virus

1. 1. No spam, spyware or virus is allowed on any of the Platforms. Please set and maintain your communication preferences so that Homage sends communications to you as you prefer. You are not licensed or otherwise allowed to add other users to your mailing list (email or physical mail) without their express consent. You should not send any messages which contain any spam, spyware or virus via Homage. If you would like to report any suspicious messages, please contact Homage at its email address set out in Clause 14.3 below.

9. How to access and correct your personal information

1. 1. Homage provides you with the means to access, update, edit or delete certain subscriber and registration information you have provided at any time by going to the appropriate location at any of the Platforms, and changing or deleting such information as desired
  2. You undertake to treat your Homage username, password and order details as confidential information and undertake not to make them available to unauthorised third parties. Homage cannot assume any liability for misuse of your Homage username, password or order details, except as stated in the Terms of Use.
  3. If you would like to view the personal information Homage has on you or inquire about the ways in which your personal information has been or may have been used or disclosed by Homage within the past year, please contact Homage at its email address set out in Clause 14.3 below. Homage reserves the right to charge a reasonable administrative fee for retrieving your personal information records.
  4. If you want to close your account or have other questions or requests, please contact Homage. While Homage is ready to assist you in closing your account, and removing your active profile, Homage cannot always delete records of past interactions and transactions. For example, Homage is required to retain records relating to previous bookings on its website for financial reporting and compliance reasons.
  5. Homage will give you access to the information Homage retains about you within a reasonable time, upon written request, satisfactory identification and proof of entitlement. In some cases, Homage may not provide access to personal information in Homage’s possession or control. If Homage denies your request, Homage will advise you in writing of the reason for the refusal and you may challenge Homage’s decision.

10. Do-Not-Call Privacy Statement

1. 1. Homage takes its responsibility to protect the information you provide to Homage very seriously.
  2. From time to time, Homage and its partners may call or SMS its users to inform them about its latest services or promotional offers.
  3. Homage will only call or SMS you after having obtained your clear and unambiguous consent for Homage and/or its partners to call or SMS you about its latest services or promotional offers (including Marketing Offers)
  4. If you no longer wish to receive marketing calls or messages, you may withdraw your consent by contacting Homage at its email address set out in Clause 14.3 below.

11. General Provisions

1. 1. You must only submit to Homage, or Homage’s authorised agent, information which is accurate and not misleading and you must keep up to date and inform Homage of any changes to such information. Homage reserves the right to request for documentation to verify the information provided by you.
  2. By sharing the personal information of any third party with Homage, you expressly represent and warrant to Homage that you have obtained all required consents from the relevant third party to disclose and transfer his/her personal information to Homage and for Homage to collect, use and disclose such personal information for the purposes set out in this Privacy Policy. You agree to indemnify Homage against any and all claims, losses, and damages arising from or in connection with any third party claims as a result of Homage’s collection, use or disclosure of such personal information.
  3. Homage may disclose or share non-personally identifiable information with partners, advertisers, current in-home personal care businesses and/or prospective in-home personal care businesses to help explain its business and the effectiveness of Homage’s business or for promotional purposes. For example, Homage may disclose aggregated demographic information which does not include any personally identifiable information.

12. Changes to the Privacy Policy

1. 1. Homage shall regularly review the sufficiency of this Privacy Policy. Homage reserves the right to modify and change the Privacy Policy at any time. Any changes to this policy will be published on https://www.homage.my/terms-and-conditions/#blog-tabs|1.

13. Homage’s Right

1. 1. You acknowledge and agree that Homage has the right to disclose your personal information to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if Homage has reasonable grounds to believe that disclosure of your personal information is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties. To the extent permissible by applicable law, you agree not to take any action and/or you hereby waive your rights to take any action against Homage for the disclosure of your personal information in these circumstances.

14. How to challenge Homage’s privacy practices

1. Homage encourages you to contact Homage with any questions or concerns you have about Homage’s privacy practices or this Privacy Policy. If you have a question concerning Homage’s Privacy Policy or would like a copy, or if you have a complaint, please contact Client Services at [email protected].
2. Client Services can deal with many issues. If you prefer or if, after contacting Client Services, your concerns or questions have not been resolved to your satisfaction, you can contact Homage at [email protected].
3. If you wish to withdraw your consent to Homage’s use of your personal information, wish to request access and/or correction of your personal information, have any queries, comments or concerns, or require any help on technical or cookie-related matters in relation to Homage’s website, please feel free to contact Homage (or Homage’s Data Protection Officer, as appropriate) at [email protected].

Service Agreement (Care Owner)

THIS AGREEMENT is made between the Care Professional and the Client and takes effect from the date that the Care Professional accepts a Booking Request made by the Client. RECITALS

Homage Sdn. Bhd. (“Homage”) operates and manages a Platform through which a client can request for In-home Care Services (as hereinafter defined).
When a Booking Request (as hereinafter defined) made by a client has been received by Homage, Homage will conduct a care assessment to decide whether it is able to assist with the request. If it is able to, the Company will propose via an algorithm the most suitable care professional from its Database (as hereinafter defined) to meet the Booking Request.
The Client has registered with the Website and has submitted a Booking Request.
The Care Professional is an independent contractor proposed by Homage to provide the In-home Care Services and has accepted the Client’s Booking Request.
This Agreement sets out the obligations of each Party in connection with the provision of the Booked Services (as hereinafter defined).

THE PARTIES AGREE AS FOLLOWS:

DEFINITIONS AND INTERPRETATION
1. For the purpose of this Agreement, the following terms shall have the following meanings
2. The agreement” means this agreement together with the Schedules hereto, which may be amended from time to time, as agreed in writing by the Parties together with the Booking Request accepted by the Care Professional;
  1. “Booked Service Duration” means the estimated amount of time the Care Professional will require to carry out the Booked Services as set out in the Booking Request;
  2. “Booked Service Fee” means the fee payable by the Client for the Booked Services;
  3. “Booked Service Location” means the address where the Booked Services are to be carried out as set out in the Booking
  4. “Booked Services” means the In-home Care Services that the Client has requested in its Booking Request and which has been accepted by the Care Professional;
  5. “Booking Request” means the request made by a Client on the Platform for the Booked Services which are to be carried out at the Booked Service Location at the Scheduled Booking Time;
  6. “Care Professional” means the care professional proposed by Homage to provide the In-home Care Services who has accepted the Client’s Booking Request;
  7. “Client” means the client who has registered with the Platform and submitted a Booking Request;
  8. “Database” means the database compiled by the Company relating to independent care professionals with specific skills required to deliver the required services;
  9. “Dispute Period” means the period of seven (7) working days following the completion of the Booked Services;
  10. “In-home Care Services” means the in-home care services set out on the Platform and which are available to be performed by care professionals;
  11. “Medical Consumables” means the consumable products required by the Care Professional to perform the Booked Services;
  12. “Payment Agent” means the third party escrow and payment agent engaged by Homage to collect the Booked Service Fee and to process and remit payments to the Care Professional;
  13. “Scheduled Booking Time” means the time and date the Booked Services are to be undertaken by the Care Professional as set out in the Booking Request;
  14. “Tax” means goods and services tax or any other taxes or payments which may be imposed by authorities in Malaysia; and
  15. “Website” means http://www.homage.com.my/, associated Homage mobile phone applications and Homage technology tools.
  1. The headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement.
  2. Unless otherwise indicated, any reference in this Agreement to a Clause or Schedule refers to specific Clause of, or Schedule to this Agreement.
  3. References to any statute or statutory provision are to be construed as a reference to the same as it may from time to time be, amended, modified or re-enacted.
  4. Words denoting the singular include the plural and vice versa and words importing the masculine gender include the feminine and neuter genders and vice versa.

2.SERVICES TO BE PROVIDED AND RELATIONSHIP OF THE PARTIES

1. 1. The Care Professional shall provide the Booked Services at the Scheduled Booking Time and Booked Service Location.
  2. The Parties acknowledge that the Care Professional is engaged directly by the Client as an independent contractor and nothing in this Agreement shall be construed as creating an employer-employee relationship between the Parties. The Parties further acknowledge that the Care Professional is not an agent or partner (through a joint-venture or otherwise) of Homage and is not authorised to make any representation, contract or commitment on behalf of Homage.

3. OBLIGATIONS OF THE CARE PROFESSIONAL

1. 1. The Care Professional agrees to:
    1. deliver and complete the Booked Services;
    2. provide the Booked Services with reasonable care and skill;
    3. take all necessary steps to avoid any loss and/or damage to the Client’s property; and
    4. utilise the Booked Service Duration effectively and efficiently in providing the Booked Services.
  2. If the Booked Services performed by the Care Professional are not up to a standard reasonably required of a care professional or if there is any damage caused to the Client by the Care Professional (the “Client Dispute”), the Client shall notify Homage of the Client Dispute within the Dispute Period. Homage shall inform the Care Professional of the Client Dispute and the Care Professional shall arrange, via Homage, a date and time mutually agreed with the Client (in no event later than 7 days after the Client Dispute is raised unless otherwise agreed by the Client) to complete the Booked Services or rectify the Booked Services to a reasonable standard at the Booked Service Location. No additional payment will be charged to the Client for the performance of any rectification services in satisfaction of a Client Dispute. Booked Services will not be deemed to be completed (and an invoice will not be issue to the Client for payment) until a Client Dispute has been resolved.

4. OBLIGATIONS OF THE CLIENT

1. 1. The Client shall:
    1. do all things which are reasonably necessary to enable the Care Professional to perform the Booked Services in an efficient manner;
    2. provide the Medical Consumables which are necessary to enable the Care Professional to perform the Booked Services;
    3. provide a safe environment for the Care Professional to provide the Booked Services;
    4. notify Homage of any damage caused by the Care Professional as soon as practicable, but in any event, within the Dispute Period; and
    5. ensure that the Booked Service Location is at a private residential property and not an office or a place of business (except where the care services involve escort services).

5. PAYMENT OF BOOKED SERVICE FEES

1. 1. The Client shall pay the Booked Service Fee for the Booked Services.
  2. The Client agrees to allow the Payment Agent to process payment by bank transfer or the Client’s credit card automatically in an amount equal to the Booked Service Fee prior to the completion of the Booked Services. The Payment Agent will remit payment to the Care Professional (less any payment made to Homage) following the completion of the Booked Services.

6. CHANGES, CANCELLATIONS AND REFUNDS

1. 1. The Client shall be permitted to cancel or amend a Booking Request on the Website, free of charge, up to seven (7) days before the Scheduled Booking Time or as long as the Booking Request has not been assigned to a Care Professional.
  2. If the Client cancels a Booking Request within seven (7) days of the Scheduled Booking Time, but at least twenty-four hours before the Scheduled Booking Time, the Client will be charged a fee of seventy-five Ringgit Malaysia (RM 75) per cancellation.
  3. If the Client amends a Booking Request within seven (7) days of the Scheduled Booking Time, but at least twenty-four hours before the Scheduled Booking Time, the Client will be charged a fee of forty-five Ringgit Malaysia (RM 45) per change.
  4. If the Client amends a Booking Request within twenty-four hours of the Scheduled Booking Time, the Client will be charged a fee of forty-five Ringgit Malaysia (RM 45) per change. This does not cover a reduction of the Booked Service Duration.
  5. If the Client cancels a Booking Request or reduces the Booked Service Duration within twenty-four hours of the Scheduled Booking Time, the Client will be charged the full Booked Service Fees of the original Booking Request for the first twenty-four (24) hours.
  6. In the event the Care Professional is unable to perform the Booked Services at the Scheduled Booking Time, this Agreement shall be terminated.
  7. If there is a breach of this Agreement by the Care Professional, any damages which the Client shall be entitled to shall be limited to the amount of the Booked Service Fee which the Client has paid to that Care Professional (less any payment made to Homage) within the past seven (7) days.

7. TERM AND TERMINATION OF AGREEMENT

1. 1. This Agreement shall commence on the date set out at the beginning of this Agreement and will continue until terminated:
    1. in accordance with Clause 6.1, Clause 6.2, Clause 6.5 or Clause 6.6; or
    2. by either Party by giving written notice to the other Party following a material breach of this Agreement by the other Party.
  2. Termination of this Agreement, however arising, shall not affect either Party’s rights and remedies that have accrued as at termination.

8. FORCE MAJEURE

1. 1. Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.

9. CONFIDENTIALITY

1. 1. Each Party shall keep in strict confidence all information of a confidential nature which has been disclosed to it by the other Party. This Clause shall survive termination of this Agreement.

10. General

1. All amounts payable pursuant to this Agreement are expressed in and shall be paid in Ringgit.
2. All rights and remedies of the Parties are separate and cumulative, and none of them, whether exercised or not, shall be deemed to be to the exclusion of any other rights or remedies or shall be deemed to limit or prejudice any other legal or equitable rights or remedies which either Party may have.
3. The waiver by a Party of any default, breach or non-compliance under this Agreement shall not operate as a waiver of that Party’s rights under this Agreement in respect of any continuing or subsequent default, breach or non-observance (whether of the same or any other nature).
4. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or party-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this Agreement
5. Any notice required or permitted to be given under this Agreement shall be in writing and shall be properly given if personally delivered, delivered by facsimile transmission or mailed by prepaid registered mail addressed to the Parties at their addresses set out at the beginning of this Agreement or to such other address as each Party may from time to time specify by notice given to the other in accordance herewith. Any notice so given shall be conclusively deemed to have been given or made on the day of delivery, if personally delivered, or if delivered by facsimile transmission or mailed as aforesaid, upon the date shown on the facsimile confirmation of receipt or on the postal receipt as the date upon which the envelope containing such notice was actually received by the addressee.
6. Neither Party shall be entitled to assign or otherwise part with the whole or part of the benefit of this Agreement without the consent of the other Party.
7. No amendment of this Agreement will be effective unless made in writing and signed by the Parties.
8. This Agreement, together with the Booking Request accepted by the Care Professional, constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.
9. This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
10. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and settled by arbitration in accordance with the Asian International Arbitration Centre (AIAC) Rules. The seat of the arbitration shall be Malaysia. The arbitration shall be conducted in English. The arbitral tribunal shall consist of one arbitrator. Notwithstanding anything to the contrary in this Agreement, any party may at any time without regard to any notice periods required by the provisions hereof, and as often as is necessary or appropriate, seek any injunctive relief or measures, or any interlocutory, provisional or interim relief or measures, from any court of competent jurisdiction.
11. This Agreement may be executed in one or more counterparts and all such counterparts when executed and taken together will constitute this Agreement.

Service Agreement (Care Professional)

This Care Professional Agreement (Agreement) sets forth the terms and conditions whereby you, a service provider fully-licensed (to the extent required by applicable law) and qualified to provide the services contemplated by this Agreement (Care Pro or you), agree to provide certain services (as described at the [Homage Services Page][homage.com.my/all-services/] (Care Services) to third parties that may, from time to time, be referred to you via the web-based platform or mobile application of Homage Sdn. Bhd, a company incorporated under the laws of Malaysia with a registered office at 17-106, Plaza Equatorial, Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia (Homage). Your contact information, including mailing address, phone number, and email address is located on your account profile page and is incorporated herein by reference. You are obligated to maintain this information and ensure it is current.

1. BACKGROUND.
  1. What we do.
    Homage is the creator of a technology platform that creates a marketplace to connect potential clients, which may be individuals (Individual Client) or institutions (for example hospitals or other care facilities) (Institutional Client) (collectively, the Clients) with fully-licensed (to the extent required by applicable law) and qualified professionals, such as Care Pro, to provide Care Services. Homage provides a web-based and mobile application-based portal (Homage Platform) through which the Clients may connect with a network of care professionals with whom they may arrange a variety of Care Services on behalf of themselves or others (Care Recipient) or through which the Institutional Client may engage directly with Homage in order for Homage to source Care Pro for one-time, shift, short-term contract or other types of Care Services, which shall be provided to the Institutional Client by Homage.You understand and intend that you will provide the Care Services to Care Recipients strictly as an independent contractor, and not as an employee, worker, agent, joint venturer, partner or franchisee of Homage or any Client for any purpose.For Care Services provided to Individual Clients, Homage’s role is limited to offering the technology platform as a source of referrals for Individual Clients and Care Pros and facilitating payments from Individual Clients to Care Pros. In these circumstances, Homage is acting as the disclosed agent for Care Pro and Care Pro is the principal of that contracting arrangement with the Individual Client. In these circumstances, Homage will be entitled to the Brokerage Fee set out below for the services it provides pursuant to this Agreement.
    
    For Care Services provided to Institutional Clients, Homage’s role will be as the direct service provider to the Institutional Client and the principal of the contracting arrangement with the Institutional Client. In these circumstances, Homage engages Care Pro under this Agreement as Homage’s sub-contractor to provide the required Care Services to the Institutional Client.
    
    Homage and Care Pro acknowledge and agree that the Care Services will be performed in a designated location as requested by the Clients.
    
    Any third party who is engaged by the Care Pro to perform the Care Services, shall at all times remain as Care Pro’s Sub-Contractor and is not in any legal relationship with Homage (including without limitation any employment or contracting relationship).For the avoidance of doubt, Care Pro shall obtain prior written consent from Homage should the Care Pro intend to engage any third party to perform the Care Services.
  2. The Homage Platform and Terms of Use.
    By entering into this Agreement with Homage, you hereby agree to be listed on Homage’s database of care professionals for the purpose of receiving Booking Requests (as defined below). Before receiving access to the Homage Platform, you must also review and agree to the Terms of Use and Privacy Policy of the Homage Platform, which are incorporated herein by reference and which you acknowledge that you have reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall prevail.From time to time, in their sole and complete discretion, the Clients will submit a request to Homage for Care Services, setting forth the nature of the Care Services required (Booking Request). Homage will review the Booking Request and decide in its sole discretion whether Homage is able to assist with the Booking Request. If Homage is able to assist with the Booking Request, Homage will make such Booking Request available on the Homage Platform. To the extent feasible, Homage will provide details relating to the Booking Request, including requested Care Services, location, booking time, and any other additional requirements for such Care Services. Some of the details necessary for Care Pro to provide the Care Services may also be provided by the Clients and/or Care Recipients. Homage is not responsible for verifying any such details provided by the Clients and/or Care Recipients. Homage does not guarantee any minimum number of Booking Requests will be available to Care Pro at any point during the term of this Agreement.Care Pro will have the opportunity to review Booking Requests on the Homage Platform and apply for Booking Requests (Application) as described herein. Care Pro has no obligation to apply for Booking Requests, however once Care Pro has submitted an Application for a Booking Request, Care Pro will be subject to Homage’s cancellation policy. Once a Care Pro applies for a Booking Request, Homage will review the Application and determine Care Pro’s suitability. The selection of Care Pro for the Booking Request shall be subject to Homage’s sole discretion.
    
    Once Homage confirms Care Pro for a Booking Request, the Homage Platform will confirm that the Booking Request has been booked by the Care Pro (Booked Services) and thereafter notify Care Pro and the Client. Booked Services are Care Services for which you have applied and Homage has approved you for a Booking Request.
    
    At this point, for Care Services to be provided to Individual Client, a contract will be formed directly between the Individual Client and Care Pro for Care Pro to complete the Booked Services. In such circumstances, you hereby appoint Homage to be your disclosed agent for the purposes of entering into such a contract with Individual Client. You acknowledge that you shall be principally responsible for providing the Care Services to the Individual Client and the principal pursuant to that contracting arrangement.
    
    For the Care Services to be provided to Institutional Client, Homage will be principally responsible for providing the Care Services to the Institutional Client, with Care Pro as a Homage’s sub-contractor in such arrangements.
    
    You agree that your name, phone number, likeness, and other profile information may be provided or made available to the Clients by or on behalf of Homage after the Care Service is booked.
  3. Background Checks.
    Before receiving access to the Homage Platform, Care Pro must submit to and pass a background check through Homage’s background check provider. After receiving access to the Homage Platform, Homage may from time-to-time, in its reasonable discretion and in accordance with applicable law, conduct additional background checks on Care Pro through Homage’s background check provider.
  4. Requirements.
    
    Prior to being able to accept Booking Requests, Care Pro agrees to provide Homage with the following information and personal data:
    1. Contact details, including full legal name, address, date of birth, gender, telephone number, photograph, bank account details, credit card details and email address;
    2. A copy of his/her NRIC (or, if Care Pro is a business or company, a copy of the NRIC of each of its partners or directors and that of any sub-contractor, employee and/or assistants (Sub-Contractors) which Care Pro wishes to utilize in the provision of the Booked Services);
    3. A copy of the relevant up-to-date educational and professional certificates (for example, nursing or caregiver certificates, first aid certificates, etc.) and health screening report of Care Pro;
    4. References of previous employer(s) and/or trainer(s) with whom Care Pro has worked, if so requested by Homage;
    5. Language, race and religion;
    6. Timeslots during which Care Pro expects to be available for the provision of Care Services;
    7. The scope of Care Services Care Pro is qualified and willing to provide; and
    8. Any other information reasonably requested by Homage.
    Care Pro agrees to notify Homage immediately of any changes to the above information. Care Pro agrees to provide Homage with updates to the above information, including but not limited to copies of renewed licenses and certificates, as required by applicable laws, rules or regulations. Any failure to notify or provide such information to Homage shall entitle Homage to deactivate or deprioritize Care Pro’s access to Booking Requests and/or the Homage Platform.
    
    The information provided by Care Pro as set forth in this Section 1.4 is required by Homage to carry out its business and Homage shall process such information in accordance with the Personal Data Protection Act 2010 (PDPA) and the Privacy Policy. Care Pro hereby consents to the collection, use, disclosure, transfer and storage of its personal data for Homage to assess the suitability of Care Pro for the Homage Platform and/or the provision of Care Services, recommend Care Pro for particular Booking Requests, conduct general marketing analysis and outreach with respect to Care Services, and improve internal business operations. Care Pro is aware of its obligations under the PDPA and any personal data collected or processed by Care Pro pursuant to or in relation to any Booking Request, Booked Services and this Agreement shall be used for the sole purpose of providing Care Services only.
    
    To ensure the safety and security of the Clients, Homage reserves the right in its absolute and sole discretion to reject, remove, or otherwise cease recommendation of any Care Pro or Care Pro’s Sub-Contractors from the Homage Platform whom it deems unfit to provide Care Services. Care Pro shall have no claim against Homage for Homage’s rejection or removal of Care Pro from the Homage Platform.
2. THE SERVICES.
  1. Booking Requests.
    Care Pro shall be eligible to apply for Booking Requests through the Homage Platform requesting any Care Services that Care Pro is qualified and fully-licensed (to the extent required by applicable law) to provide. In those jurisdictions where a license, permit, or certification is required to perform the Care Services, Care Pro shall, upon reasonable request, provide proof to Homage of all necessary, up-to-date licenses, permits and/or certifications before Care Pro provides any such Care Services under this Agreement.To ensure that the Homage Platform remains a reliable source of referrals, once an Application is confirmed by Homage or Care Pro has agreed to provide subcontracting services to Homage in respect of any particular Institutional Client (as applicable), Care Pro is contractually obligated to complete the Booked Services to the satisfaction of the Clients, and Homage in the case of Care Services provided to Institutional Client.By applying for a Booking Request, Care Pro is deemed to have agreed to perform the Booked Services at the location, time and dates as specified in the Booking Request, and Care Pro further agrees that the estimated amount of time to carry out the Care Services as specified in the Booking Request is an appropriate timeframe in which Care Pro can effectively and efficiently complete the Booked Services.
    
    In order to apply for Booking Requests, Care Pro must possess a smartphone equipped with access to the Homage Platform (Compatible Mobile Device), subscribe to an appropriate data plan, and download Homage’s Care Pro mobile application (Mobile Application) onto the Compatible Mobile Device used by Care Pro. All Applications for Booking Requests must be submitted through the Mobile Application. Care Pro will record his or her time and provide the Clients summaries through the Mobile Application.
    
    Homage collects the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device for a period of time prior to the scheduled start of a Booked Service for the purpose of confirming when Care Pro begins providing the Booked Service, and following the scheduled end of a Booked Service for the purpose of confirming that the Booked Service is completed. In addition, Homage may collect the Location Coordinates of the Compatible Mobile Device to verify Care Pro’s location at Clients’ or Care Recipient’s site. Homage may also disclose Care Pro’s location information and contact information as required by applicable law, to authorized service providers, or when Homage believes that such disclosure is necessary to protect the rights, property, or safety of Homage, Homage Platform’s users, Clients, Care Recipients, and/or others. Homage has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Care Pro provides the Care Services contemplated by this Agreement, or the frequency with which the Care Pro uses the Homage Platform to apply for Booking Request. Homage retains Location Coordinates information to confirm that the Booked Services have been completed and retains de-identified Location Coordinates data indefinitely. By executing this Agreement, Care Pro agrees to the use and disclosure of Location Coordinates information as described above.
  2. Provision of Care Services.
    Care Pro is solely responsible for determining the manner and method of performing all Care Services under this Agreement. Care Pro may personally provide Care Services or permit any Care Pro’s Sub-Contractors who have been prior approved by Homage to perform Care Services. Care Pro and any of the Care Pro’s Sub-Contractors will comply with reasonable guidelines, specifications, instructions, policies and/or codes of conduct and practice as may be provided by Homage from time to time. While performing all Care Services, Care Pro will comply with Homage’s dress code policy, available at [homage.com.my/terms-and-conditions] as described in the [Service Agreement (Care Professional) tab].When providing the Care Services to the Individual Client, Care Pro shall be, at all times while this Agreement is in effect, free from supervision, control and direction in the performance of the Care Services. Homage shall not control or have any right to control the manner or means by which Care Pro performs the Care Services, including but not limited to the Booking Requests that Care Pro accepts, or the manner in which Care Pro completes Booked Services. Homage has no obligation (but has the right) to inspect Care Pro’s work for quality purposes.For Care Services to be provided to Institutional Client, Homage will be the principal contracting party with the Institutional Client. Care Pro agrees to follow all requirements, instructions, guidelines, specifications, policies, codes of conduct and/or practice as may be communicated directly to Care Pro by the Institutional Client. Care Pro must personally provide the Care Services and may not allow or appoint any Care Pro’s Sub-Contractors to perform such Care Services to the Institutional Client, unless the prior written approval of Homage is first obtained. While providing the Care Services to the Institutional Client, Care Pro will comply with Homage’s or Institutional Client’s dress code policy.
    
    Care Pro agrees that it shall be subject to the supervision, control, and direction of Homage at all times during the term of this Agreement or when the Care Services are provided by Care Pro to the Institutional Client, Homage shall reserve the rights to control the manner or means by which Care Pro performs the Care Services to the Institutional Client. Care Pro agrees that it shall remain responsible for its own performance of all Care Services that it sub-contracts to Homage and shall obtain and maintain appropriate insurance in respect of itself and its obligations under this Agreement.
    
    To the extent required by applicable law, Care Pro agrees to maintain a separate set of books or records reflecting all items of income and expense associated with operating his or her business.
    
    Care Pro understands and agrees that Care Pro’s failure to complete a Booked Service in accordance with the Client’s requirements as described through the Homage Platform constitutes a material breach of this Agreement and may result in termination of this Agreement in accordance with Section 9. If Care Pro fails to complete any Booked Service in accordance with this Agreement, Care Pro understands and agrees that Homage may request that Care Pro arrange, via Homage, at a date and time mutually agreed with the Client, to complete the Booked Service or rectify the Booked Service, and no additional payment will be paid to Care Pro. Homage may make compensatory payments to the Client for any damage alleged to have been caused to the Client by Care Pro, and Homage may require, in its sole discretion, Care Pro to reimburse Homage for compensatory payments made by Homage. At this time, Care Pro will be covered by Homage’s general liability and malpractice insurance while providing Care Services under this Agreement. This is subject to change at any time, provided that Homage will notify you in the event of any material change.
  3. Cancellations; Rescheduling; Late Arrival.
    Care Pro may not cancel a Booked Service, and cancelling a Booked Service will result in Care Pro being subject to payment of cancellation fees as set out in Homage’s cancellation policy (which may be amended from time to time by Homage without any notice to Care Pro). In the event Care Pro, upon more than twenty-four (24) hours’ notice, needs to reschedule a Booked Service, Care Pro may contact Homage and attempt to reschedule the Booked Service.
    In the event that the Client declines to reschedule the Booked Service (on the request by Care Pro), and Care Pro is unable to perform the Booked Service as originally scheduled, Homage shall have the right to make the Booking Request available to other replacement professionals on the Homage Platform, provided that Care Pro may still be subject to cancellation fees. Repeated cancellations and/or rescheduled Booked Services on short-notice by Care Pro may result in termination of this Agreement in accordance with Section 9 or deactivation or de-prioritization of Care Pro’s access to Booking Request and/or the Homage Platform.Additionally, at Homage’s reasonable discretion, cancellation, rescheduling, no-show (without prior notification to Homage) or late arrivals by the Care Pro may be subject to cancellation fees as set out in the cancellation policy.Care Pro may be entitled to cancellation fees in the event a Client cancels or reschedules any Booked Services. By accepting this Agreement, Care Pro authorizes Homage to withhold any cancellation fees (where applicable) as payment of liquidated damages from amounts payable to Care Pro.
  4. Client Reviews.
    
    Care Pro acknowledges that the Homage Platform is intended to refer Clients only to Care Pros who maintain the highest standards of professionalism and quality of service. Care Pro acknowledges that the Client may rate and review a Care Pro at the end of every booking. Care Pro agrees to maintain high standards of professionalism and service, including but not limited to maintaining appearance and grooming standards consistent with industry standard, and maintaining a Client’s rating at or above the minimum rating established by Homage for access to the Homage Platform, as modified from time to time. In the event a Care Pro’s aggregate rating falls below the applicable minimum rating, Homage may issue a written warning to Care Pro, and reserves the right to deactivate or deprioritize the Care Pro’s access to Booking Request and/or the Homage Platform. Homage agrees to provide Care Pro written notice of the minimum rating and any changes thereto. Care Pro may appeal any written warning and provide proof of extenuating circumstances. Homage shall be entitled, in its sole discretion, to accept or reject any appeal.
  5. Costs of Operation.
    
    Care Pro may be eligible to seek reimbursement for certain expenses incurred by Care Pro depending on the Client and type of Care Services provided. Please refer to Homage’s expense reimbursement policy and procedures.
  6. Use of Voice, Image and Likeness.
    
    Care Pro gives Homage permission to use any and all of Care Pro’s voice, image, likeness, and any ratings and reviews from the Clients about Care Pro, with or without using Care Pro’s name, in connection with the products and/or services available through the Homage Platform, for the purposes of advertising and promoting such products and/or services and/or Homage, for the purposes of identifying Care Pro to the Clients, and/or for other purposes deemed appropriate by the Homage in its reasonable discretion, except to the extent expressly prohibited by laws. In addition to the foregoing, Care Pro may be required to submit an image for use by the Homage Platform to facilitate identifying Care Pro with the Clients. Care Pro also represents and warrants the Care Pro owns the copyright of any image or likeness that the Care Pro provides to Homage.
  7. Call and SMS Data.Care Pro agrees that Homage may mask Care Pro’s phone number when Care Pro calls or exchanges text (SMS) messages with the Clients and/or Care Recipients through the Mobile Application. To facilitate this process, Homage and its service provider may receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. Care Pro consents to the masking process described above and to Homage’s use and disclosure of this call data for its legitimate business purposes. Care Pro also consents to Homage’s sending text (SMS) messages directly to Care Pro as described in the Terms of Use. Care Pro understands and agrees that the Clients and/or Care Recipients may have access to Care Pro’s phone number outside of the Mobile Application.

3. SERVICE FEES.

1. Booked Service Fees.
  For the Care Services provided to Individual Client, Homage will invoice the Client on behalf and in the name of Care Pro for fees payable by the Individual Client for the Booked Services (Booked Services Fees) after completion of the Booked Services. All payments due shall be made to the third party escrow and payment agent engaged by Homage to collect the Booked Service Fees and process the relevant payments in respect to the Care Services to Care Pro and Homage (Payment Agent). Payment Agent will collect the Booked Services Fees from the Individual Client and will process payment as set forth below.For the Care Services provided to the Institutional Client, Homage shall invoice the Institutional Client in its own name for fees payable by the Institutional Client for the Booked Services after the completion of the Booked Services. Care Pro acknowledges that Homage will be solely entitled to the fees received from the Institutional Clients (Institutional Fees). Care Pro will be entitled to the agreed rate with Homage for providing the Care Services to the Institutional Client (Sub-Contracting Fees).All Booked Services Fees (after deducting the Brokerage Fee) and/or Sub-Contracting Fees payable to Care Pro shall be paid by the Payment Agent at the end of the applicable payment cycle following completion of the Care Services (Payment Cycle) into the bank account as specified by Care Pro. Payment cycle durations are subject to change at any time in Homage’s sole discretion. Care Pro acknowledges that Homage maintains the right to amend the Booked Service Fees and/or Institutional Fees at its sole discretion provided that this does not affect the agreed fee to be paid to Care Pro.
2. Brokerage Fees.For the Care Services provided to Individual Client, a brokerage fee (exclusive of Tax) (Brokerage Fee) will be payable to Homage for the Booked Services that Care Pro provides. Once a Care Service is booked, the Brokerage Fee shall immediately be due and payable by Care Pro to Homage. Care Pro hereby irrevocably authorises and directs the Payment Agent to deduct the Brokerage Fee from the Booked Services Fees and to make payment of the Brokerage Fee to Homage. The deduction of the Brokerage Fee from the Booked Services Fees shall be made prior to the payment of the remainder of the Booked Services Fees to Care Pro.Care Pro further acknowledges that Homage maintains the right to alter the Brokerage Fees payable by Care Pro or to include any other fees from time to time at its sole discretion provided that this does not affect the agreed fee to be paid to Care Pro for Care Services previously performed. Any Tax on Homage’s services (where applicable) shall be borne by Care Pro and charged at the prevailing rate at the material time.
  Care Pro acknowledges and agrees that (a) Homage will not be liable for any Client’s failure to pay any Booked Services Fees due in connection with the completed Booked Services, and Care Pro agrees that it will not make any claim against Homage and its sole recourse is against the Client, and (b) notwithstanding the failure by any Client to pay any Booked Services Fees, any Brokerage Fee that Homage is entitled to receive from the Booked Services shall remain due and payable to Homage by Care Pro.
3. TaxCare Pro shall be responsible for ensuring that all required Tax payments (including the Care Pro’s personal income tax) arising out of all payments made to the Care Pros are made to the relevant authorities in a timely manner. Any penalties, fines or other charges resulting from Care Pro’s failure to comply with applicable tax laws shall be the sole responsibility of Care Pro.For the Institutional Fees, Homage will be responsible to remit any applicable Tax payable by Homage (but not Care Pro) under the applicable laws to the relevant authorities in a timely manner.
  In the event that Care Pro is a registered person and required under the applicable laws to impose Tax on the Care Services provided to either Individual Clients or Institutional Clients, Care Pro shall inform Homage their registration status in a timely manner in order for Homage to impose and collect such Tax on behalf of the Care Pro. Care Pro agrees to indemnify Homage for any fines, penalties, or other liabilities arising from the wrongful imposition or collection of such Tax.
  
  In the event that Homage is a registered person and required under the applicable laws to impose Tax on any of the Brokerage Fees, Sub-Contracting Fees and/or Institutional Fees, Homage shall be entitled to charge such Tax in addition to the quoted fees. The respective person shall be responsible to pay such Tax to Homage.
  
  For the purpose of this Agreement, Tax shall mean any and all taxes, duties, levies, charges, fees or other assessments imposed by any governmental authority (including but not limited to any sales and services, goods and services, value added, excise, or other similar tax), including any interest, penalties, or other amounts imposed in connection therewith.

4. CONFIDENTIALITY AND CLIENT PRIVACY.

Care Pro understands that in performing the Care Services, he or she will receive certain private and/or confidential information regarding the Clients and will have access to their homes, care locations, and personal belongings, and will also receive or have access to proprietary or confidential information relating to Homage, the Homage Platform, and our Services. Except upon order of government authority (e.g., Court, administrative agency) having jurisdiction, or upon written consent by the Clients, Care Pro agrees that he or she shall not use, publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding Homage or Clients, including addresses, telephone numbers, financial information, training materials and/or operational details. Care Pro further agrees not to engage in any activity which violates the privacy of any Client, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Client or his or her homes, care locations or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Care Pro acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.

5. RELATIONSHIP OF THE PARTIES.

Care Pro is an independent contractor and has not been engaged by Homage to perform services on Homage’s behalf. Care Pro has entered into this Agreement for the purpose of having access to the Homage Platform or Clients introduced to it by Homage. In exchange for which, when Care Pro provides the Care Services to the Individual Client, Care Pro pays Homage a Brokerage Fee, as described herein. Further, when Care Pro provides Care Services to Institutional Client, Care Pro acknowledges that Homage will be solely entitled to the Institutional Fees, and Homage will pay Care Pro Sub-Contracting Fees, as described herein.

This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Care Pro and Homage or any Client for any purpose. Accordingly, the Employment Act 1955 does not apply to this Agreement.

Care Pro has no authority (and shall not hold himself or herself out as having authority) to bind Homage and Care Pro shall not make any agreements or representations on Homage’s behalf without Homage’s prior written consent. Care Pro understands that Care Pro will not be eligible to participate in any benefit plans offered to Homage’s employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or benefit plans offered by Homage to its employees.

Care Pro shall be responsible for its own Tax, deductions, assessments, premiums and remittances to the Inland Revenue Board of Malaysia and any other governmental or statutory authority in respect of any amount received under this Agreement. Care Pro shall be responsible for, and shall indemnify and hold Homage harmless for any claims, suits, or actions related to this provision, including any such claims brought by Care Pro or by any third party with respect to any claims for taxes or contributions, including penalties and interest.

6. REPRESENTATIONS AND WARRANTIES.

Care Pro represents and warrants to Homage that: (a) Care Pro has the legal right to provide the Care Services that are contemplated by this Agreement; (b) Care Pro is fully-licensed (to the extent required by applicable law) and authorized to provide the Care Services contemplated by this Agreement, and has the required skill, experience, and qualifications to perform the Care Services; and (c) Care Pro shall perform the Care Services in a professional and diligent manner in accordance with best industry standards for similar services, including the completion of all accepted Booking Requests referred to Care Pro that he/she opts to accept through the Homage Platform; and (d) Care Pro shall perform the Care Services in accordance with all applicable laws, rules and regulations, including, but not limited to, the PDPA.

Care Pro acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.

7. INDEMNIFICATION

Care Pro shall defend, indemnify and hold harmless Homage and its affiliates and its officers, directors, employees, agents, successors, and assigns and any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Homage Platform or directly via Homage in respect of the Care Services provided to the Institutional Client, from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Care Pro’s acts or omissions; (b) Care Pro’s breach of any representation, warranty, or obligation under this Agreement; and/or (c) Care Pro’s breach of Section 4 of this Agreement.

The Care Services that Care Pro provides pursuant to this Agreement are fully and entirely Care Pro’s responsibility. Save for the Care Services to be provided to the Institutional Client where Homage directly contracts with, Homage is not responsible or liable for the actions or inactions of a Client or other third party in relation to the Care Services provided by Care Pro. Care Pro understands, therefore, that by using the Homage Platform, Care Pro will be introduced to third parties in relation to whom Homage has not conducted any background or reference checking, that may be potentially dangerous, and that Care Pro uses the Homage Platform at his/her own risk.

8. INTELLECTUAL PROPERTY

Care Pro will not use Homage’s Intellectual Property without the prior written consent of Homage, and shall not authorize any third parties to use any of Homage’s Intellectual Property. Nothing in this Agreement will give Care Pro any rights in respect of any of the Intellectual Property or the goodwill associated with Homage or its business. Any content or information that Care Pro creates on behalf of Homage, including Care Reports, is owned by Homage.

For the purpose of this Agreement, Intellectual Property means all intellectual property, whether or not now existing, both register and unregistered, protected by statute, common law or equity in Malaysia or elsewhere in the world, including but not limited to copyright, trademarks, designs, patents, patentable information, confidential information, circuit layouts and plant varieties, licences, goodwill and other rights to possess and use any works and other subject matter of intellectual property rights, trading names, and domain names.

9. TERM; TERMINATION.

1. 1. Term
    This Agreement shall be effective as of the date it is executed by Care Pro and shall remain in effect unless and until terminated as set forth in this Section 9 (the Term). Care Pro understands that Homage may temporarily deactivate Care Pro’s profile on Homage Platform in the event that Care Pro is inactive on the Homage Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Homage shall reactivate Care Pro’s profile upon request from Care Pro.The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Care Pro the right to choose when to make himself or herself available and each Booked Services referred and accepted is treated as a separate service arrangement.
  2. Termination
    1. Homage and Care Pro may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Homage’s failure to timely remit Booked Services Fees as described herein, Care Pro’s repeated failure to complete a Booked Services to Client’s satisfaction, failure to meet the applicable minimum rating, or if a Care Pro cancels or reschedules two (2) or more Booked Services on less than 2 hours’ notice prior to the applicable start time within any twenty-eight (28) days period as set out in Section 2.3 of this Agreement and/or any material absence from Care Pro in the case of Care Services provided to Institutional Clients. In the event there is a dispute whether Homage or Care Pro materially breached the Agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration, as described in Section 12.2 below.
    2. In addition to the foregoing, either party may terminate the Agreement for any reason upon fifteen (15) days’ written notice to the other party.
  3. Care Pro’s Obligations Upon Termination.
    
    Upon termination of this Agreement for any reason, Care Pro shall: (a) complete any outstanding Booked Services (Outstanding Jobs); (b) return to Homage any confidential information or other property belonging to Homage; (c) cease all further use of the Homage Platform except as required to complete any outstanding Booked Services; and (d) certify in writing to Homage that Care Pro has complied with the requirements of this Section.
  4. Homage’s Obligations Upon Termination.
    Upon termination of this Agreement:(a) if the termination is effected by Homage, Homage shall pay or procure the Payment Agent to pay to Care Pro any outstanding earned Booked Services Fees (less any Brokerage Fees) and/or Sub-Contracting Fees; or
    
    (b) if the termination is effected by Care Pro, Homage shall pay or procure the Payment Agent to pay to Care Pro any outstanding earned Booked Services Fees (less any Brokerage Fees) and/or Sub-Contracting Fees at the end of the applicable payment cycle following completion of the Care Services.In either event, Homage shall pay Booked Services Fees (less any Brokerage Fees) and/or Sub-Contracting Fees for any Outstanding Jobs as soon as practicable after Care Pro has completed the Outstanding Jobs.
  5. Surviving Provisions.The terms and conditions of this Section 9.5 and Sections 5, 6, 7, 9.3, 9.4, 10, 11, and 12 (including, but not limited to, Section 12.2) shall survive the expiration or termination of this Agreement.

10. OTHER BUSINESS ACTIVITIES.

Care Pro may be engaged or employed in any other business, trade, profession, or other activity, including providing services to customers booked through means other than the Homage Platform, including other web-based portals, provided that Care Pro shall not promote, offer, or otherwise sell or attempt to sell additional, similar, or any other services to the Clients and/or Care Recipients outside of the Homage Platform, without Homage’s prior written consent.

Notwithstanding the foregoing, Care Pro agrees not to affirmatively solicit work from and/or provide services to an Individual Client originally referred through the Homage Platform through any means other than the Homage Platform for a period of six (6) months following Care Pro’s initial engagement by the Individual Client, unless Care Pro has obtained the prior written consent of Homage. Additionally, Care Pro agrees not to solicit work from and/or provide services to an Institutional Client introduced by Homage for a period of twelve (12) months after the end of the engagement.

If Care Pro fails to comply with this Section 10, Care Pro shall pay a referral fee of RM1,000 (for Individual Client) and/or RM3,000 (for Institutional Client) (as the case may be) to Homage and Homage may terminate this Agreement and deactivate and or deprioritize Care Pro’s access to Booking Request and/or the Homage Platform.

The restriction set out in this Section 10 is considered by the parties to be reasonable and necessary to protect Homage’s legitimate interests. While the restrictions are considered by the parties to be reasonable in all the circumstances, it is agreed that if for any reason, any one or more of such restrictions shall either taken by itself or themselves together be adjudged to go beyond what is reasonable in all the circumstances for the protection of Homage’s legitimate interests, the prohibitions shall be effected to the fullest extent permissible under applicable law. If any provision or part of a provision in this Section 10 is held or found to be void, invalid or otherwise unenforceable, it shall be deemed to be severed from such provision but the remainder of such provision shall remain in full force and effect.

The parties agree that if damages alone may not be an adequate remedy if the Care Pro breaches this Section 10, and agree that without limiting the relief that Homage is entitled to seek, Homage may apply for an injunction if Care Pro breaches this Section 10 or Homage reasonably believes that Care Pro is likely to breach this Section 10.

11. ASSIGNMENT.

Care Pro may not assign this Agreement, absent written authorization by Homage. Homage may freely assign and novate its rights and obligations under this Agreement at any time, without any further consent of Care Pro and any novation of obligations shall have effect once Care Pro is notified in writing. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.

12. DISPUTE RESOLUTION; GOVERNING LAW.

1. Informal Negotiations.To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Care Pro and Homage, Care Pro and Homage agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration proceeding. Such informal negotiations will commence upon written notice. Care Pro’s address for such notices is the address provided by Care Pro to Homage.
2. Mutual Arbitration Provision.Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and settled by arbitration in accordance with the Asian International Arbitration Centre (AIAC) Rules. The seat of the arbitration shall be Malaysia. The arbitration shall be conducted in English. The arbitral tribunal shall consist of one arbitrator. Notwithstanding anything to the contrary in this Agreement, any party may at any time without regard to any notice periods required by the provisions hereof, and as often as is necessary or appropriate, seek any injunctive relief or measures, or any interlocutory, provisional or interim relief or measures, from any court of competent jurisdiction.
3. Governing Law.This Agreement shall be governed and interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law.

13. MODIFICATION.

Care Pro hereby expressly acknowledges and agrees that, by using or receiving access to the Homage Platform, Care Pro and Homage are bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein. Care Pro shall be bound by modifications to this Agreement only upon Care Pro’s electronically signing any modifications or supplements.

14. MISCELLANEOUS.

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to Homage at the address set forth on the first page of this Agreement and to Care Pro at the address set forth in his/her account. The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), electronic mail (with confirmation of transmission), or certified or registered mail. This Agreement, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. This Agreement may be executed in multiple counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.

This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Homage’s website or the Homage Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims, save for as expressly stated herein.

Care Pro acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Care Pro’s own expense, prior to signing this Agreement.

Care Owner Cancellations Policy

POST-PAID VISIT(S)

Visits that are not yet assigned

Changing or cancelling visits before a Care Professional has been assigned is free of charge.

Cancellations

For visits that have a Care Professional assigned, if the cancellation takes place more than 24 hours before the visit start time, there is no cancellation fee.
For visits that have a Care Professional assigned, if the cancellation takes place within or less than 24 hours before the visit start time, a 1-hour service fee is chargeable.
For visits that have a Care Professional assigned, if the cancellation takes place within or less than 2 hours before the visit start time, a 1-hour service fee and a standard transportation fee is chargeable.
When multiple visits are cancelled at the same time, the maximum cancellation fee is 100% of all visit hours within 24 hours of the cancellation time. No additional cancellation fees will be charged on visits that were scheduled to start later than 24 hours after the cancellation.
Homage may waive cancellation fees under extenuating circumstances or at Homage’s discretion.
Homage will have the final say in all disputes.

Changes

For a visit that is extended at any time, there is no change fee. However, the applicable ala-carte hourly rates will apply for the extended hours.
For a visit that is assigned to a Care Professional, if the visit requirements are changed and the original Care Professional can still perform the visit, there is no change fee.
For a visit that was assigned to a Care Professional, and the visit requirements are changed (excluding a reduction of visit duration) hence requiring a different Care Professional to be assigned, if the change is requested more than 48 hours before the visit start time, there is no change fee.
For a visit that was assigned to a Care Professional and the visit requirements are changed (excluding a reduction of visit duration) hence requiring a different Care Professional to be assigned, if the change is requested within 24 hours to 2 days of the visit start time, the change fee is RM 30.00.
For a visit that was assigned to a Care Professional and the visit requirements are changed (excluding a reduction of visit duration) hence requiring a different Care Professional to be assigned, if the change is requested less than 24 hours of the visit start time, the late change fee is RM 50.00.
For a visit that was assigned to a Care Professional and the visit duration is reduced, if the reduction of visit hours is requested more than 24 hours before the visit start time, there is no change fee applicable and the visit duration will be amended as per the request.
For a visit that was assigned to a Care Professional and the visit duration is reduced, if the reduction of visit hours is requested less than 24 hours before the visit start time, the full amount for the original scheduled visit hours will still be chargeable.
If multiple changes are made, multiple change fees will be charged.
Homage may waive change fees under extenuating circumstances or at Homage’s discretion.
Homage will have the final say in all disputes.

PRE-PAID VISIT(S)

Visits that are not yet assigned

Changing or cancelling visits before a Care Professional has been assigned is free of charge.

Cancellations

For visits that have a Care Professional assigned, if the cancellation takes place more than 24 hours before the visit start time, there will not be any deduction of hour(s) from the existing care plan.
For visits that have a Care Professional assigned, if the cancellation takes place less than 24 hours before the visit start time, there will be a deduction of 1 hour from the existing care plan.
For visits that have a Care Professional assigned, if the cancellation takes place within or less than 2 hours before the visit start time, a 1-hour service deduction will apply on the existing care plan and a standard transportation fee is chargeable.
Homage may waive cancellation penalties under extenuating circumstances or at Homage’s discretion.
Homage will have the final say in all disputes.

Changes

For a visit that is extended at any time, there will be no change fee. However, the extended hours will be deducted from the existing care plan.
For a visit that is assigned to a Care Professional, if the visit requirements are changed and the original Care Professional can still perform the visit, there is no change fee.
For a visit that was assigned to a Care Professional, and the visit requirements are changed (excluding a reduction of visit duration) hence requiring a different Care Professional to be assigned, if the change is requested more than 48 hours of the visit start time, there is no change fee.
For a visit that was assigned to a Care Professional and the visit requirements are changed (excluding a reduction of visit duration) hence requiring a different Care Professional to be assigned, if the change is requested within 24 hours to 2 days of the visit start time, the late change fee is RM30.00
For a visit that was assigned to a Care Professional and the visit requirements are changed (excluding a reduction of visit duration) hence requiring a different Care Professional to be assigned, if the change is requested less than 24 hours of the visit start time, the late change fee is RM 50.00.
For a visit that was assigned to a Care Professional and the visit duration is reduced, if the reduction of visit hours is requested more than 24 hours before the visit start time, there is no change fee applicable and the visit duration will be amended as per the request.
For a visit that was assigned to a Care Professional and the visit duration is reduced, if the reduction of visit hours is requested less than 24 hours before the visit start time, the full duration for the original scheduled visit hours will still be deducted from the existing care plan.
If multiple changes are made, multiple change fees will be charged.
Homage may waive change fees under extenuating circumstances or at Homage’s discretion.
Homage will have the final say in all disputes.

Care Professional Policies

Cancellation & Change Policy

Visits that are not yet assigned

Cancelling a visit application before receiving confirmation from Homage of being assigned to the visit is free of charge.

Cancellations

Cancelling a visit with more than 2 days notice before the visit start time is free of charge.
Cancelling a visit within 1 day to 2 days before the visit start time will incur a cancellation fee of RM 25.00.
Cancelling a visit within 24 hours before the visit start time will incur a cancellation fee of RM 50.00.
Cancelling a visit after the visit start time has passed will incur a cancellation fee of RM 75.00.
A cancellation fee is chargeable for each visit. Multiple cancellations will incur multiple cancellation fees.
Homage may waive cancellation fees under extenuating circumstances or at Homage’s discretion.
To be eligible for a cancellation fee waiver due to illness, supporting documents must be submitted within 48 hours of the cancellation via ‘Get Help’ in the Care Pro App.

No Shows

Failing to turn up for a visit will incur a no show fee of RM 75.00.
Homage may waive no show fees under extenuating circumstances or at Homage’s discretion.

Late Fees

Clocking in 10 minutes or more after the visit start time will incur a late fee of RM 15.00.
Homage may waive late fees under extenuating circumstances or at Homage’s discretion.

Care Owner Cancellations

If you are assigned to a visit but the visit is cancelled within 24 hours of the visit start time, you will receive one hour’s service fees.

Reimbursement Policy

Care Pros may submit claims for out-of-pocket expenses purchased on behalf of Care Recipients’ families. Items must relate to the care visits, including but not limited to meals purchased where meal arrangement is required, transportation during medical escort services, etc.

From 1 Oct 2018 onwards, only claims submitted within 24 hours after each visit will be processed. All CarePro claims must be accompanied with photographic proof of purchase.

Care Professional Dress Code

Do’s

Decent attire should be worn when providing caregiving services to exude professionalism as a Homage Care Professional.
Long pants or bermudas which can be folded when required is recommended.
Homage recommends to bring along an extra set of clothes for visits in which you help the care recipient with exercises. This is so that Care Professionals continue to be professional in the event of heavy perspiration.

Don’ts

Revealing clothing such as spaghetti straps, shoulderless, backless, midriff-baring and low v-neck tops are not permitted.
Shorts are not permitted.
Sheer or see-through clothing (e.g. mesh or slits) is not permitted.

Homage Policies

Homage Terms of Use

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Service Agreement (Care Owner)

Service Agreement (Care Professional)

Care Owner Cancellations Policy

POST-PAID VISIT(S)

PRE-PAID VISIT(S)

Care Professional Policies

Cancellation & Change Policy

Reimbursement Policy

Care Professional Dress Code

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Care Owner Cancellations Policy

POST-PAID VISIT(S)

PRE-PAID VISIT(S)

Care Professional Policies

Cancellation & Change Policy

Reimbursement Policy

Care Professional Dress Code

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