Homage Policies

  1. Terms of Use
    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 Co. Pte. Ltd. (“Homage”) for the purposes of Homage providing services to its customers. The Platforms include the website https://www.homage.sg 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 https://www.homage.sg/terms-and-conditions/#blog-tabs|1).
    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. You must register an account (“User Profile”) on a Platform if you wish to use certain of the services available through the Platform (including to make 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 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. 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 https://www.homage.sg/terms-and-conditions/#blog-tabs|1.
    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. You shall be responsible for any content that you post or transmit on or through any of the Platforms. If you have a User Profile, you can post ratings of service providers (“Ratings”) on the Platforms.
    2. Ratings will identify the User Profile that has posted the Rating. Unjustified multiple Ratings, self-Ratings and other forms of Ratings which 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 which 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 Singapore;
      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 are 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. 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. The use 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. 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. 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. 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. These Terms shall be governed by and construed in accordance with the laws of Singapore.
    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 finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause 10.
    3. The seat of the arbitration shall be Singapore. The arbitral tribunal shall consist of one arbitrator.
    4. Notwithstanding anything to the contrary in these Terms, Homage may at any time without regard to any notice periods required by the provisions in these Terms, 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.
    4. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce or enjoy the benefit of any provision of these Terms.

  1. Our commitment to privacy
    1. Homage Co Pte. Ltd. (“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.sg/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 privacy@homage.co.

  2. What is personal information?
    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. 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;
        2. browser type;
        3. webpage you were visiting before you came to Homage’s website;
        4. the pages within Homage’s website which you visit; and
        5. the time spent on those pages, items and information searched for on Homage’s website, access times and dates, and other statistics.
        6. 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. 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. 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. 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 privacy@homage.co and request that your personal information not be used for Marketing Offers.

  7. Security of Your Personal Information
    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 privacy@homage.co.
    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. 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. 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. 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 (i) ascertaining that you have not registered with the national DNC Registry administered by the Personal Data Protection Commission of Singapore and (ii) 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.
    5. However, as Homage may rely on the one-month validity period of its search results from the DNC Registry, you may inadvertently still receive marketing or promotional messages/calls. If you have received a telemarketing call from someone representing Homage although you have registered with the DNC Registry or withdrawn your consent, please inform Homage at privacy@homage.co.

  11. General Provisions
    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. 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.sg/terms-and-conditions/#blog-tabs|1.

  13. Homage’s Right
    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.
    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 privacy@homage.co.
    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 privacy@homage.co.
    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 privacy@homage.co.

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

  1. Homage Homage Co Pte. Ltd. (“Homage”) operates and manages a Platform through which a client can request for In-home Care Services (as hereinafter defined). Co Pte. Ltd. (“Homage”) operates and manages a Platform through which a client can request for In-home Care Services (as hereinafter defined).
  2. 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.
  3. The Client has registered with the Website and has submitted a Booking Request.
  4. 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.
  5. 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:

  1. DEFINITIONS AND INTERPRETATION
    1. For the purpose of this Agreement, the following terms shall have the following meanings:
      1. 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;
      2. 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;
      3. Booked Service Fee” means the fee payable by the Client for the Booked Services;
      4. Booked Service Location” means the address where the Booked Services are to be carried out as set out in the Booking
      5. 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;
      6. Booking Request” means the request made by a Client on the Website for the Booked Services which are to be carried out at the Booked Service Location at the Scheduled Booking Time;
      7. Care Professional” means the care professional proposed by Homage to provide the In-home Care Services who has accepted the Client’s Booking Request;
      8. Client” means the client who has registered with the Website and submitted a Booking Request;
      9. Database” means the database compiled by the Company relating to independent care professionals with specific skills required to deliver the required services;
      10. Dispute Period” means the period of seven (7) working days following the completion of the Booked Services;
      11. In-home Care Services” means the in-home care services set out on the Website and which are available to be performed by care professionals;
      12. Medical Consumables” means the consumable products required by the Care Professional to perform the Booked Services;
      13. 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;
      14. 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;
      15. Tax” means goods and services tax or any other taxes or payments which may be imposed by authorities in Singapore; and
      16. Website” means www.Homage.sg and associated Homage mobile phone applications.
    2. The headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement.
    3. Unless otherwise indicated, any reference in this Agreement to a Clause or Schedule refers to specific Clause of, or Schedule to this Agreement.
    4. 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.
    5. 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. 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. 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. 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. 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. 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 an assigned 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 twenty-five dollars (SGD 25) per cancellation.
    3. If the Client amends an assigned 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 fifteen dollars (SGD 15) per change if this amendment results in a change of Care Professional.
    4. If the Client amends an assigned Booking Request within twenty-four hours of the Scheduled Booking Time, the Client will be charged a fee of twenty-five dollars (SGD 25) per change if this amendment results in a change of Care Professional. This does not cover a reduction of the Booked Service Duration.
    5. If the Client cancels an assigned 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. 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. 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. 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. CONFIDENTIALITY
    1. All amounts payable pursuant to this Agreement are expressed in and shall be paid in Singapore dollars.
    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. Time shall be of the essence of this Agreement.
    7. 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.
    8. No amendment of this Agreement will be effective unless made in writing and signed by the Parties.
    9. 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.
    10. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore. Each Party irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
    11. This Agreement may be executed in one or more counterparts and all such counterparts when executed and taken together will constitute this Agreement.
    12. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement.

THIS AGREEMENT is made between the Care Professional and Homage Co Pte. Ltd. (Company registration no. 201601796D) (the “Company”) and takes effect from the date the Care Professional accepts a Booking Request. 

RECITALS

  1. The Company operates and manages a Website through which a client can request for In-home Care Services (as hereinafter defined).  When the Company receives a Booking Request, it will conduct a care assessment to decide (in its sole discretion) 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.
  2. The role of the Company is that of a Website operator, manager of the Database, and third-party facilitator of contracts and invoicing between a client and a contracted care professional. In exchange for its role as manager and facilitator, the Company will receive the Brokerage Fee (as hereinafter defined) from the care professional.
  3. The Care Professional is an independent contractor providing In-home Care Services who wishes to be listed the Database for the purposes of receiving and if he/she so chooses, accepting Booking Requests.

THE PARTIES AGREE AS FOLLOWS:

  1. DEFINITIONS AND INTERPRETATION
    1. For the purpose of this Agreement, the following terms shall have the following meanings:
      1. “Agreement” means this agreement together with the Schedules hereto, which may be amended from time to time, as agreed in writing by the Parties;
      2. “Bookable Extras” means the services listed as “Bookable Extras” in the Booking Request;
      3. “Booked Service Duration” means the estimated amount of time the Care Professional will require to carry out the Booked Services as specified in the Booking Request;
      4. “Booked Service Fee” means the fee payable by the Client for the Booked Services;
      5. “Booked Service Location” means the address where the Booked Services are to be carried out as specified in the Booking Request;
      6. “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;
      7. “Booking Request” means the request made by a Client for the Booked Services which are to be carried out at the Booked Service Location at the Scheduled Booking Time;
      8. “Brokerage Fee” means the fee payable by the Care Professional to the Company (inclusive of Tax (if applicable)) as set out in Clause 6;
      9. “Business” means the business of the Company, which includes operating the Website, managing the Database, and facilitating contracts and invoicing between a client and a contracted care professional;
      10. “Care Professional” means the care professional proposed by the Company to provide the In-home Care Services who has accepted the Client’s Booking Request;
      11. “Client” means a person who has made a Booking Request and for which the Care Professional has undertaken or will be undertaking a Booked Service;
      12. “Confidential Information” means information relating to the Company which is disclosed to the Care Professional or acquired by the Care Professional as a result of the Care Professional’s contact with the Company and which is not in the public domain and which includes, but is not limited to, information relating to the Company’s current, future or proposed products/services, marketing strategies, sales or business plans, information relating to the Company’s past, present and prospective Clients, technical data, records, reports, presentation materials, interpretations, forecasts, test results, formulae, projects, research data, personnel data, budgets, financial statements or other financial information, information relating to any employees, officers or directors of the Company, and any information received by the Company from third parties pursuant to an obligation of confidentiality;
      13. “Database” means the database compiled by the Company relating to independent care professionals with specific skills required to deliver the In-home Care Services; “Dispute Period” means the period of seven (7) working days following the completion of the Booked Services;
      14. “In-home Care Services” means the in-home care services set out on the Website which are available to be performed by care professionals including the Standard Services and Bookable Extras;
      15. “In-home Care Services Agreement” means the agreement between the Client and the Care Professional pertaining to the provision of the Booked Services, the terms of which are set out in Schedule 1;
      16. “Intellectual Property” shall mean all intellectual property rights owned by the Company or relating to the Business of the Company and the Website, including without limitation, all works in which copyright subsists or may subsist, rights in software or algorithms, designs, drawings, industrial designs, technical information, models, specifications, prototypes, patents, applications for patents, trade secrets, confidential information and know-how, trade-marks, trade-names, discoveries and inventions, and integrated circuit topographies and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of those rights, and all similar or equivalent rights or forms of protection in any part of the world;
      17. “Payment Agent” means the third party escrow and payment agent engaged by the Company to collect the Booked Service Fee and process the relevant payments to the Care Professional and the Company;
      18. “Scheduled Booking Time” means the time and date the Booked Services are to be undertaken by the Care Professional in accordance with the Booking Request;
      19. “Standard Services” means the list of the in-home care activities to be performed by the Care Professional, a copy of which is available on the Website;
      20. “Tax” means goods and services tax or any other taxes or payments which may be imposed by authorities in Singapore; and
      21. “Website” means www.homage.sg and associated Company mobile phone applications.
    2. The headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement.
    3. Unless otherwise indicated, any reference in this Agreement to a Clause or Schedule refers to specific Clause of, or Schedule to this Agreement.
    4. 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.
    5. 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. DATABASE LISTING
    1. Subject to the provisions of Clause 2.2, the Company hereby agrees to list the Care Professional on the Database.
    2. When a Client submits a Booking Request to the Company, the Company will review the request and conduct a care assessment to decide (in its sole discretion) 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 to meet the Booking request. A Brokerage Fee will be payable to the Company in accordance with Clause 4 for the services it provides.
    3. Prior to being eligible to receive and to accept Booking Requests, the Care Professional agrees to provide the Company with the following information relating to him/her for the Database:
      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 Singapore identity card (or, if the Care Professional is a business or company, a copy of the Singapore identity card of each of its partners or directors and that of any sub-contractor, employee and/or assistants (collectively, the “Sub-Contractors”) which the Care Professional wishes to utilize in the provision of the Booked Services);
      3. A copy of the relevant educational and professional certificates (for example, nursing or caregiver certificates, first aid certificates, etc) and health screening report of the Care Professional;
      4. References of previous employer(s) and/or trainer(s) with whom the Care Professional has worked, if so requested by the Company; and
      5. The Care Professional’s expected availability for the provision of In-home Care Services.

      The Care Professional agrees to notify the Company immediately of any changes to the above information. Failure to notify the Company shall entitle the Company to delist the Care Professional from the Database.

    4. The information provided by the Care Professional as stated in Clause 2.2 is required by the Company to carry out its Business and the Company shall process such information in accordance with the Personal Data Protection Act 2012. The Care Professional hereby agrees to provide his/her personal information as aforesaid for the purposes of the conduct of Business by the Company.
    5. The Company shall conduct additional background checks on the Care Professional and any proposed Sub-Contractors as may be required and may request additional information or documents from the Care Professional from time to time. To ensure the safety and security of the Clients, the Company reserves the right in its absolute and sole discretion to reject any Care Professional or any Sub-Contractors whom it deems unfit to provide In-home Care Services.
    6. The Care Professional undertakes not to solicit work from and/ or provide care services to a Client introduced by the Company for a period of three (3) months following the Care Professional’s engagement by the Client. If the Care Professional does so, the Care Professional shall pay a referral fee of S$1,000 to the Company. The Company shall in such circumstances be entitled to forthwith terminate this Agreement and delist the Care Professional from the Database.
    7. The restrictions set out in Clause 2.6 are considered by the Parties to be reasonable in all the circumstances and are no greater than is reasonable and necessary for the protection of the Company.
  3. MUTUAL COVENANTS AND ACKNOWLEDGEMENTS OF THE COMPANY AND THE CARE PROFESSIONAL
    1. Each of the Parties represent and warrant as follows:
      1. that it has full capacity to enter into this Agreement and that it is not subject to any obligation or restriction (whether under contract, statute, common law or otherwise) which would prevent or interfere with the performance of all of its obligations hereunder; and
      2. the execution and performance of this Agreement by it of its obligations hereunder will not give rise to any claim or right (whether under contract, statute, common law or otherwise) in favour of any person against it.
    2. The Company and the Care Professional agree to and acknowledge the following:
      1. The Care Professional is an independent care professional in the business of providing in-home care services to third parties. This Agreement shall not create a partnership, joint venture, employer/employee relationship or any other relationship between the Company and the Care Professional. Accordingly, the Employment Act (Cap. 91) does not apply to this Agreement.
      2. Each Party is responsible for all its own taxes, deductions, assessments, premiums and remittances to the Inland Revenue Authority of Singapore and any other governmental or statutory authority including but not limited to the Central Provident Fund (“CPF”) Board in respect of any amount received under this Agreement.
      3. As an independent care professional, the Care Professional is not entitled to any reimbursement by the Company for any of its expenses which are incurred in connection with the carrying out any of the Booked Services.
      4. The cost of any insurance purchased by the Company for the benefit of the Care Professional has been factored into the Company’s Brokerage Fee.
  4. BOOKING REQUESTS AND PROVISION OF IN-HOME CARE SERVICES
    1. When a Booking Request is proposed by the Company to the Care Professional, it shall provide the Care Professional with all the necessary details relating to the Booking Request including the Booked Services, Booked Service Location and Scheduled Booking Time.
    2. The Care Professional shall be free to accept or reject the Booking Request. Acceptance or rejection of the Booking Request must be done through the mobile application. Acceptance or rejection of the Booking Request must be confirmed by the Care Professional with the Company within 10 minutes of receiving the Booking Request either through the Website, by e-mail or by telephone. If the Care Professional does not provide the Company with a response within the said 10 minute period, the Care Professional shall be deemed to have rejected the Booking Request.
    3. Upon the Care Professional’s acceptance of a Booking Request in accordance with Clause 4.2, the Client shall be notified and the In-home Care Services Agreement shall come into effect and shall govern the relationship between the Care Professional and the Client.
    4. Upon the In-home Care Agreement coming into effect in accordance with Clause 4.3, the Brokerage Fee shall immediately be due and payable by the Care Professional to the Company.
    5. The Care Professional undertakes to:
      1. provide the Booked Services to the Client in accordance with the In-home Care Services Agreement;
      2. personally provide the Booked Services or permit only those Sub-Contractors (if any) who have been approved by the Company to carry out the Booked Services;
      3. carry out the Booked Services with all due care, skill and attention, in a prompt and professional manner to a standard reasonably required of a care professional; and
      4. take all necessary steps to avoid any loss and/or damage to the Client or the Client’s property.
    6. Subject to Clause 4.5, the Care Professional is entitled to perform and complete the Booked Services in such manner as the Care Professional shall determine in its sole and absolute discretion. The Company shall not control the way in which the Booked Services are performed by the Care Professional.
    7. By accepting a Booking Request, the Care Professional is deemed to have agreed that the Booked Service Duration is an appropriate timeframe in which the Care Professional can effectively and efficiently complete the Booked Services.
    8. All Clients are allowed, during the Dispute Period, to inform the Company if the Booked Services performed by a 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 a care professional (the “Client Dispute”). The Company shall inform the Care Professional of the Client Dispute and the Care Professional shall arrange, via the Company, 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 paid to the Care Professional 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 issued to the Client for payment) until a Client Dispute has been resolved.
    9. The Care Professional agrees and understands that Clients can cancel a Booking Request. on the Website, free of charge, up to twenty-four (24) hours before the Scheduled Booking Time. The Company shall notify the Care Professional of any cancellation of a Booking Request as soon as practicable. If the Client cancels a Booking Request within the twenty-four (24) hour period before the Scheduled Booking Time, the Client will be charged a cancellation fee (the “Cancellation Fee”). In the event that the Client pays the charged cancellation fee, the Care Professional shall be paid one hour worth of the Booked Fees less the Brokerage Fee due to the Company.
    10. The Care Professional can withdraw his/her application without being charged any fees until the Booking Requests gets assigned to the Care Professional by the Company. The Care Professional will be charged twenty-five dollars (SGD 25) for cancelling an assigned Booking Request at least twenty-four (24) hours before the Scheduled Booking Time. The Care Professional will be charged fifty dollars (SGD 50) for cancelling an assigned Booking Request within twenty-four (24) hours before the Scheduled Booking Time or when the Care Professional is unable to perform the Booking Request for any reason. Repeated cancellations by the Care Professional may result in the Care Professional being delisted from the Database.
    11. If the Care Professional arrives more than ten (10) minutes late for an assigned Booking Request, this will result in a fifteen dollars (SGD 15) late fee charge.
    12. In the event the Care Professional is unable to perform an assigned Booking Request at the Scheduled Booking Time, the Care Professional shall notify the Company as soon as is practicable prior to the Scheduled Booking Time. If the Care Professional cancels a Booking Request that has already been assigned to the Care Professional, to allow for the arrangement of a suitable replacement care professional. If the Care Professional cancels or amends a Booking Request within the twenty-four (24) hour period before the Scheduled Booking Time, the Care Professional will be charged a cancellation fee in an amount equal to one hour’s worth of Booked Services. If the Care Professional does not show up for the Booked Services, or cancels or amends a Booking Request after commencement of the Scheduled Booking Time, the Care Professional will be charged a cancellation fee in an amount equal to two hours’ worth of Booked Services. The Company shall use reasonable efforts to reschedule the completion of the Booked Services for the benefit of the Care Professional. In the event suitable arrangements cannot be made between the Care Professional and the Client, the Company shall assign another care professional to the Booking Request. Repeated cancellations by the Care Professional may result in the Care Professional being delisted from the Database.
    13. The Company may from time to time run promotional campaigns to market its Website to potential Clients and may offer discounts to potential Clients. Any discount shall be borne by the Company and the Care Professional proportionately.

  5. UNDERTAKINGS OF THE COMPANY
    1. The Company undertakes to the Care Professional as follows:
      1. it will use all commercially reasonable efforts to propose Booking Requests to the Care Professional in accordance with the Care Professional’s stated availability. However, the Company does not and cannot guarantee to the Care Professional any minimum number of assigned Booking Requests;
      2. where a Client requests specifically for the Care Professional, the Company will use its reasonable efforts to propose such Booking Request to the Care Professional;
      3. upon the Care Professional accepting a Booking Request, the Company will provide the Care Professional with all relevant information relating to the Client;
      4. it shall provide the Care Professional with updated statements of all Booking Requests completed by the Care Professional and all Booked Service Fees paid to the Care Professional in accordance with Clause 6.3 below;
      5. it shall invoice the Client on behalf and in the name of the Care Professional for the Booked Services; and
      6. it will engage a Payment Agent to collect, hold and process the Booked Service Fees and to make the payments that are due and payable to each Party.

  6. PAYMENT OF BOOKED SERVICE FEES AND BROKERAGE FEE
    1. The Company will be responsible for invoicing the Client on behalf and in the name of the Care Professional for the Booked Service Fee after completion of the Booked Services. The Company will provide the Care Professional with a copy of all invoices that the Company issues on behalf of and in the name of the Care Professional to the Clients. The invoices shall state that all payments due shall be made to the Payment Agent.
    2. When the invoice has been issued, the Payment Agent will collect the Booked Service Fee from the Client and will process payment in accordance with Clause 6.3 below. The Care Professional acknowledges that the Company maintains the right to amend the Booked Service Fees at its sole discretion provided that this does not affect the agreed fee to be paid to the Care Professional.
    3. All Booked Service Fees payable to the Care Professional shall be paid by the Payment Agent in accordance with a bi-weekly pay-out cycle (the “Payment Cycle”) into the bank account as specified by the Care Professional under Clause 2.2(a). Should the Care Professional require and/or request a different Payment Cycle from that set forth above, the Care Professional shall be required to pay a separate handling fee to the Company in the amount of S$50 per request. Payment for such requests shall be deducted from the Booked Service Fees which may be due and owing to the Care Professional under this Agreement.
    4. The Care Professional hereby irrevocably authorises and directs the Payment Agent to deduct the Brokerage Fee from the Booked Service Fee and to make payment of the Brokerage Fee to the Company. The deduction of the Brokerage Fee from the Booked Service Fee shall be made prior to the payment of the Booked Service Fee to the Care Professional. The Care Professional further acknowledges that the Company maintains the right to alter the Brokerage Fees payable by the Care Professional 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 the Care Professional.
    5. The Care Professional acknowledges and agrees that:
      1. The Company will not be liable for any Client’s failure to pay any Booked Service Fees due in connection with the completed Booked Services. In such circumstances, the Care Professional agrees that it shall not make any claim against the Company and its sole recourse is against the Client.
      2. The Company shall not be responsible if a Client fails to meet its obligations under the In-home Care Agreement. The Care Professional’s sole recourse in such circumstances would be against the Client. The Care Professional shall notify the Company prior to initiating any legal action against the Client.
      3. Notwithstanding the failure by any Client to pay any Booked Service Fees, any Brokerage Fee that the Company is entitled to receive from the Booking Request shall remain due and payable to the Company by the Care Professional.

  7. INTELLECTUAL PROPERTY
    1. The Care Professional agrees as follows:
      1. It shall not use the Intellectual Property without the prior written consent of the Company or unless provided for in this Agreement;
      2. It shall comply with the Company’s guidelines and instructions for the use of its Intellectual Property;
      3. It shall not use or register or attempt to use or register as a trade mark, service mark, trade name, corporate mark or logo any name or logo that is likely to be confused with any of the Intellectual Property, including the Company’s name;
      4. It shall not, without obtaining the Company’s prior written consent, authorise any third parties to use any of the Intellectual Property; and
      5. Nothing in this Agreement shall give it any rights in respect of any of the Intellectual Property or the goodwill associated with the Company or its Business.
    2. The provisions of this Clause 7 shall survive the expiry or termination of this Agreement.

  8. CONFIDENTIAL INFORMATION
    1. The Care Professional undertakes and warrant that he/she/it will:
      1. Keep confidential and use the Confidential Information only in fulfilling its obligations under this Agreement;
      2. Not, without the prior written approval of the Company, disclose the Confidential Information unless compelled to do so by law;
      3. Take all reasonable steps to ensure that its Sub-contractors, agents, colleagues, employees, officers, staff, contractors, subordinates and superiors, do not make public or disclose any Confidential Information;
      4. Take all reasonable measures to ensure that the Confidential Information is protected against loss, unauthorised access, use, modification, disclosure or other misuse;
      5. Ensure that only authorised personnel have access to the Confidential Information in line with industry best practice;
      6. Immediately notify the Company when it becomes aware that a disclosure of any Confidential Information may be required by law;
      7. If required by the Company, secure the execution of a non-disclosure agreement on terms as required by the Company by any Sub-contractor, agents, colleagues, employees, officers, staff, contractors, subordinates and superiors who may have access to any Confidential Information;
      8. Immediately notify the Company when it becomes aware of a breach of this Clause 8; and
      9. Immediately take all reasonable steps to stop a breach or potential breach of this Clause 8.
    2. Nothing contained in this Clause shall be construed so as to place an obligation of confidentiality on the Parties in respect of information that has entered the public domain, provided that the information has not entered the public domain due to the Care Professional’s breach of this Agreement.
    3. If the Care Professional is uncertain as to whether any information provided by the Company is Confidential Information, he/she/it must treat that information as if it was Confidential Information unless and until the Company advises in writing that the information is not Confidential Information.
    4. On the termination of this Agreement, the Care Professional shall return to the Company any Confidential Information (in whatever format, however stored) belonging to the Company.
    5. This Clause 8 will survive the expiry or termination of this Agreement.

  9. TERMINATION
    1. The term of this Agreement shall commence on the date the Care Professional is listed on the Database and will continue until terminated by either of the Parties in accordance with Clause 9.2 below.
    2. Either Party may terminate this Agreement at any time by providing a minimum of three (3) business days’ notice to the other Party in writing or via e-mail, provided that such notice should also be given to the Client if there are Booked Services which are being carried out. Following termination, the Care Professional will be delisted from the Database. Upon written notice provided in accordance with this Clause, the Care Professional’s obligations shall cease immediately. The Company shall at all times reserve the right to recover damages in respect of any antecedent breach of this Agreement.
    3. The expiry or termination of this Agreement shall not affect any accrued rights, obligations and/or liabilities of the Parties nor the coming into or continuance in force of any provision, which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.

  10. INDEMNIFICATION AND LIMITED LIABILITY
    1. The Care Professional agrees to indemnify and hold the Company, its partners, shareholders, directors, officers, employees, agents and representatives (individually, an “Indemnified Party”, for each of which the Company acts as agent) harmless from any claim, demand, action, cause of action, judgment, loss, liability, damage, cost or expense suffered by an Indemnified Party as a result of any breach of this Agreement by the Care Professional or any breach of the In-home Care Agreement by the Care Professional or as a result of, or in connection with, the performance by the Care Professional of any Booked Services.
    2. The Care Professional agrees to the extent permitted by law that it will not have or make any claim against the Company or any of its partners, shareholders, directors, officers, employees, agents and representatives for any loss or damage suffered by the Care Professional and/or its Sub-Contractors arising out of or as a consequence of the performance of any Booked Services under this Agreement regardless of how the loss or damage may occur and whether or not the loss or damage is in any way due to negligence, breach of duty, default or omission on the part of the Company or a Client provided, save where the Company is liable for the death or personal injury of the Care Professional and/or its Sub-Contractors due to the Company’s negligence. THE CARE PROFESSIONAL AGREES THAT IN THE EVENT THAT THE COMPANY IS FOUND TO BE LIABLE BY A COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE EXCLUSION OF LIABILITY SET OUT ABOVE, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE BROKERAGE FEE RECEIVED BY THE COMPANY FOR THE SPECIFIC BOOKED SERVICES.

  11. FORCE MAJEURE
    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.

  12. GENERAL CONTRACT PROVISIONS
    1. All amounts payable pursuant to this Agreement are expressed in and shall be paid in Singapore dollars.
    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 part-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 delivered by electronic transmission as follows:
      1. to the Company: to the attention of partner@homage.sg; and
      2. the Care Professional: at the email address provided to the Company in connection with listing of the Care Professional on the Database,
      3. or to such other email address as the Parties may from time to time specify by notice given in accordance herewith. Any notice so given shall be conclusively deemed to have been given or made upon the date the electronic transmission was sent.
    6. Time shall be of the essence of this Agreement.
    7. The Company shall have the right to assign this Agreement to any of its affiliates or to any successor (whether direct or indirect, by purchase, amalgamation, arrangement, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company provided that such entity assumes all obligations hereunder. The Care Professional by his/her signature hereto expressly consents to such assignment and, provided that such successor agrees to assume and be bound by the terms and conditions of this Agreement, all references to the Company hereunder shall include its successor. The Care Professional shall not assign or transfer all or any part of its or his/her rights or obligations under this Agreement without the prior consent of the Company.
    8. No amendment of this Agreement will be effective unless made in writing and signed by the Parties electronically.
    9. This Agreement 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.
    10. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore. Each Party irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
    11. The Parties acknowledge that, prior to executing this Agreement, they have received or had the opportunity to receive but elected not to do so, independent legal advice and confirm that they fully understand this Agreement and that they are entering into this Agreement voluntarily.
    12. This Agreement may be executed in one or more counterparts and all such counterparts when executed and taken together will constitute this Agreement.
    13. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement
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