- Service Agreement (Care Owner)
- Service Agreement (Care Professional)
- Care Owner Cancellations Policy
- 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.
- 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.
- 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.
- By accessing any of the Platforms, you represent and warrant that:
- 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
- you are legally capable and permitted to accede to the Terms.
- These Terms shall be void where prohibited by applicable law and you shall have no rights under the Terms in such circumstances.
- User Profile
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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:
- immediately notify Homage of the Unauthorised Use;
- at Homage’s request, make a police report of the Unauthorised Use;
- provide Homage with any other information relating to the Unauthorised Use as Homage may request; and
- immediately change the password to your User Profile.
- 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.
- 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.
- 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).
- 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.
- Acceptable Use
- 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.
- 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.
- The following provisions shall apply to all content (including Ratings) posted on or transmitted on or through any of the Platforms:
- 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.
- Content which violates the requirements set out in Clause 4.3.1 will not be published or may be deleted.
- 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.
- 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.
- 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:
- which breaches any of these Terms;
- to post, transmit, distribute, link to, or solicit content that contains any advertising and promotional message;
- which violates or infringes any laws, regulatory requirements or codes applicable in Singapore;
- 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;
- to post, transmit, distribute, link to, or solicit content that contains any obscene, offensive, defamatory or otherwise actionable material;
- 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;
- to post, transmit, distribute, link to, or solicit content that contains any errors, whether technical or otherwise; or
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Intellectual Property
- 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.
- Notwithstanding Clause 5.1, you may view, store, print and display the content available on the Platforms solely for your personal, non-commercial use.
- 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.
- 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.
- Disclaimer of Warranties
- The use of any and all of the Platforms is at your own risk.
- Homage takes certain industry-accepted precautions to secure the Platforms or portions of the Platforms. However, Homage does not warrant that:
- the access to or use of the Platforms will meet your requirements;
- the Platforms will always be available;
- 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;
- 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
- any errors in the Platforms will be corrected.
- By accessing and using any of the Platforms, you understand and agree that:
- 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.
- 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.
- 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.
- 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.
- Limitation of Liability
- 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.
- 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.
- Third Party Websites and Third Party Content
- 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.
- 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.
- You agree that caching, hyperlinking to, and framing of Homage’s website or any of its contents are strictly prohibited.
- 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.
- Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of Singapore.
- 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.
- The seat of the arbitration shall be Singapore. The arbitral tribunal shall consist of one arbitrator.
- 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.
- 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.
- 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.
- 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.
- 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.
- Our commitment to privacy
- If you have any comments, suggestions or complaints, you may contact Homage (and Homage’s Data Protection Officer) by email at [email protected].
- What is personal information?
- “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.
- What personal information does Homage collect, and why?
- Homage collects your personal information for specific, limited purposes, as set out in this Clause 3. Information is collected by fair and lawful means.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
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:
- your computer’s IP address;
- browser type;
- webpage you were visiting before you came to Homage’s website;
- the pages within Homage’s website which you visit; and
- the time spent on those pages, items and information searched for on Homage’s website, access times and dates, and other statistics.
This information is collected for analysis and evaluation in order to help Homage improve Homage’s website and the services and products Homage provides.
- 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.
- 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.
- Market Research
- 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.
- To whom does Homage disclose personal information, and why?
- Homage may use or disclose your personal information under the following circumstances:
- 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.
- 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.
- 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.
- 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.
- Withdrawal of Consent and Opting Out
- 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.
- If you do not wish to receive Marketing Offers, you may opt out at any time by doing any of the following:
- follow the instructions at the bottom of any email Marketing Offer you receive;
- inform your telemarketer at the time you are called with a Marketing Offer; or
- email Client Services at [email protected] and request that your personal information not be used for Marketing Offers.
- Security of Your Personal Information
- 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.
- 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.
- If you believe your privacy has been breached by Homage, please contact Homage at [email protected].
- 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.
- No Spam, Spyware, or Virus
- 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.
- How to access and correct your personal information
- 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
- 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.
- 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.
- 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.
- Do-Not-Call Privacy Statement
- Homage takes its responsibility to protect the information you provide to Homage very seriously.
- From time to time, Homage and its partners may call or SMS its users to inform them about its latest services or promotional offers.
- 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).
- 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.
- 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 [email protected].
- General Provisions
- 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.
- 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.
- Homage’s Right
- 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.
- How to challenge Homage’s privacy practices
- Client Services can deal with many issues. If you prefer or if, after contacting Client Services, your concerns or questions have not been resolved to your satisfaction, you can contact Homage at [email protected].
- If you wish to withdraw your consent to Homage’s use of your personal information, wish to request access and/or correction of your personal information, have any queries, comments or concerns, or require any help on technical or cookie-related matters in relation to Homage’s website, please feel free to contact Homage (or Homage’s Data Protection Officer, as appropriate) at [email protected].
CLIENT SERVICES AGREEMENT
This Client Services Agreement (Agreement) sets forth the terms and conditions whereby client (Client) agrees to obtain certain services (as described at the Homage Services Page https://www.homage.sg/all-services) (Care Services) from a fully-licensed (to the extent required by applicable law) and qualified care professional (Care Pro) that may, from time to time, be referred via the web-based platform or mobile application of Homage Co. Pte. Ltd., a company incorporated under the laws of Singapore with a registered office at 11 New Bridge Road, #03-01, Singapore 059383 (Homage). If you are a Client, by submitting a Booking Request (as defined below), you agree to this Agreement with the applicable Care Pro, and if you are a Care Pro, you agree to this Agreement upon acceptance of a Booking Request. Your contact information, including mailing address, phone number and email address is located on your account profile page and is incorporated herein by reference. You are obligated to maintain this information and ensure it is current. If you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that organization or entity). This Agreement sets out the obligations of Client and Care Pro in connection with the provision of Booked Services (as defined below).
1.1 What Homage Does.
Homage is the creator of a technology platform that creates a marketplace to connect Clients with Care Pros to provide Care Services. Homage provides a web-based and mobile application-based portal (Homage Platform) through which Clients may connect with a network of Care Pros to arrange a variety of Care Services on behalf of themselves or others (Care Recipient). If you are a Client acting on behalf of a Care Recipient other than yourself, you agree that you are accepting this Agreement on behalf of such Care Recipient and that you have the authority to bind such Care Recipient to this Agreement. Care Pro provides Care Services to Care Recipients strictly as an independent contractor, and not as an employee, worker, agent, joint venturer, partner or franchisee of Homage or any Client for any purpose, unless Care Pro identifies him or herself as an employee of Homage. Homage's role is limited to offering the technology platform as a source of referrals for Clients and Care Pros and facilitating payments from Clients to Care Pros.
1.2 How The Homage Platform Works.
Care Pros have the opportunity, in their discretion, to apply for a Booking Request. Once Homage confirms a Care Pro for a Booking Request, the Homage Platform will confirm the Booking Request has been booked by the Care Pro (Booked Service) and notify Care Pro and Client, at which point, this contract is formed directly between Client and Care Pro. For the avoidance of doubt, Booked Services are Care Services for which Homage has approved a Care Pro for a Booking Request. The parties understand and agree that Homage acts as a disclosed agent for the purposes of entering into this contract. You agree that your name, phone number, likeness, and other profile information may be provided or made available after a Care Service is booked.
1.3 Booking Requests.
When submitting a Booking Request, Client agrees to provide Homage with the following information:
- The specific care and therapy services requested;
- The location where the Care Serves are to be carried out (Service Location);
- The times and dates during which the Care Services are to be undertaken by Care Pro (Scheduled Hours), including the first time at and date on which the Care Services are to be carried out (Service Start Time) and the last time at and date on which the Care Services are to be completed (Service End Time); and
- Any other information reasonably requested by Homage.
Client agrees to notify Homage immediately of any changes to the above information. Failure to notify or provide such information to Homage shall entitle Homage to deactivate or deprioritize a Booking Request.
2. THE SERVICES.
2.1 Provision of Services.
By submitting a Booking Request, Client is deemed to have agreed to receive the Booked Service at the Service Location and Scheduled Hours as specified in the Booking Request. In order to submit or accept (as applicable) a Booking Request, Client and Care Pro must possess a smartphone equipped with access to the Homage Platform (Compatible Mobile Device), subscribe to an appropriate data plan, and download Homage’s mobile application (Mobile Application) onto the Compatible Mobile Device. All Booking Requests must be submitted and accepted through the Mobile Application, through Homage’s hotline, or via any other authorized process made available by Homage.
Care Pro is contractually obligated to complete the Booked Service at the Service Location and Scheduled Hours. Client is responsible for providing access to the Service Location to Care Pro and any of its sub-contractors, agents, or employees (Sub-Contractors) in order for Care Pro to perform the Booked Service. Client agrees to provide a safe, suitable environment for Care Pro to perform the Booked Service. Client shall be responsible for doing and providing all things reasonably necessary for Care Pro to perform the Booked Service. To the extent applicable, Client shall obtain, operate, and maintain in good working order all equipment and ancillary services needed for Care Pro to provide the Booked Services.
Homage shall not control or have any right to control the manner or means by which Care Pro performs the Care Services, and Homage has no obligation (but has the right) to inspect Care Pro's work for quality purposes.
2.2 Client Reviews.
Client may rate and review a Care Pro at the end of every Booked Service. If Care Pro fails to complete a Booked Service to Client’s reasonable satisfaction, or if there is any damage caused to Client by Care Pro, Client shall notify Homage within seven (7) business days following the completion of the Booked Service. Upon such notification, Homage may request that Care Pro arrange, via Homage, at a date and time mutually agreed with Client, to complete the Booked Services or rectify the Booked Services, and no additional payment will be due by Client until the issue has been resolved. Homage may in its sole discretion, but has no obligation to, make compensatory payments or fee waivers to Client for any damage alleged to have been caused to Client by Care Pro.
2.3 Cancellations; Amendments.
Client may cancel or amend a Booked Service (Modification) up to twenty-four (24) hours before the Service Start Time free of charge. For the avoidance of doubt, changes to the Scheduled Hours and Service Location are considered Modifications. There is no guarantee that a Modification will be accommodated. If Client requests a Modification within the twenty-four (24) hour period before the Service Start Time, Client will be charged a fee for the Modification. Client understands and agrees that a Modification may not be able to be accommodated on such short-notice. Our cancellation and change policy is available here https://www.homage.sg/terms-and-conditions/#blog-tabs|3.
Repeated Modifications requested on short-notice by Client may result in termination of this Agreement in accordance with Section 9 or deactivation or de-prioritization of Client’s Booking Requests and/or the Homage Platform.
Up to twenty-four (24) hours before the Service Start Time, Homage may notify Client of a modification to a Booked Service requested by Care Pro. Client shall notify Homage within four (4) hours following receipt of such notice if Client rejects any such modification, and Client may cancel such Booked Service. Failure to notify Homage within the foregoing time period shall be deemed acceptance of the modification.
2.4 Use of Voice, Image and Likeness.
Client and Care Pro may be required to submit an image for use by the Homage Platform to facilitate identifying Care Pro with Clients. Each party represents and warrants that it owns (or has sufficient licenses to) the copyright of any image or likeness that it provides.
2.5 Call and SMS Data.
3. SERVICE FEES.
Homage will invoice Client on behalf and in the name of Care Pro for fees payable by Client for the Booked Services (Booked Services Fees) after completion of the Booked Services or at some other frequency as determined by Homage in its discretion. All amounts are due and payable to Homage as specified in the applicable invoice. All payments shall be made in full in SGD. Any amount not paid when due shall bear a late payment charge at the rate of 1.5% per month or, if less, the maximum amount permitted by law. All payments to Homage are exclusive of taxes, goods and services taxes, duties, tariffs, withholdings, levies and similar assessments and Client agrees to bear and be responsible for the payment of all such charges. All payments due shall be made to the third party escrow and payment agent engaged by Homage to collect the Booked Service Fees and process the relevant payments (Payment Agent). Payment Agent will collect the Booked Service Fee from Client.
Booked Service Fees may change at any time.
4. CONFIDENTIALITY AND PRIVACY; DATA.
Each party will receive certain private and/or confidential information from and regarding the other party, and will also receive or have access to proprietary or confidential information relating to Homage, the Homage Platform, and Homage’s Services. Except upon order of government authority (e.g., Court, administrative agency) having jurisdiction, or upon written consent by the disclosing party, the receiving party agrees that he or she shall not use, publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the other party, including addresses, telephone numbers and/or operational details. Each party will not engage in any activity which violates the privacy of the other party, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of the other party or his or her personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Failure to comply with the foregoing shall constitute a material breach of this Agreement.
Client may upload, store, share and otherwise process data about Care Recipient in the Mobile Application (Care Recipient Data). Client shall seek Care Recipient’s consent prior to uploading and sharing any Care Recipient Data through the Mobile Application. Care Recipient Data shall be considered Client’s confidential information.
Homage will process personal information of Care Pros, Client, and Care Recipient in accordance with the Personal Data Protection Act 2012 (PDPA).
5. RELATIONSHIP OF THE PARTIES.
Care Pro is an independent contractor and has not been engaged by Homage to perform services on Homage's behalf, and shall not make any agreements or representations on Homage's behalf, unless Care Pro identifies him or herself as an employee of Homage. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Client and Homage for any purpose.
6. REPRESENTATIONS AND WARRANTIES.
Care Pro represents and warrants that: (a) Care Pro has the legal right to provide the Care Services that are contemplated by this Agreement; (b) Care Pro is fully-licensed (to the extent required by applicable law) and authorized to provide the Care Services contemplated by this Agreement, and has the required skill, experience, and qualifications to perform the Care Services; (c) Care Pro shall perform the Care Services in a professional and diligent manner in accordance with best industry standards for similar services; and (d) Care Pro shall perform the Care Services in accordance with all applicable laws, rules and regulations, including, but not limited to, the PDPA. Care Pro acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.
Client represents and warrants: (a) it has the full power and authority to execute, deliver and perform all of its obligations under this Agreement and provide all of the information requested by it hereunder; and (b) all information provided by it or on its behalf shall be complete and accurate.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CARE PRO NOR HOMAGE MAKES, AND CARE PRO AND HOMAGE HEREBY DISCLAIM, ANY WARRANTIES AND OR CONDITIONS OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR REASONABLE CARE AND SKILL. THE CARE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. Products and services purchased or offered (whether or not following such recommendations and suggestions) through Care Pro or Homage are provided “AS IS” and without any warranty of any kind from Homage, Care Pro, or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). Any manufacturer or third party warranties with respect to products or services purchased or offered hereunder will pass through to Client.
8. LIMITATION OF LIABILITY.
EXCEPT FOR DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR IF VOID UNDER APPLICABLE LAW, (A) THE AGGREGATE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, NEGLIGENCE AND/OR OTHER TORT, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE FOR THE BOOKED SERVICE GIVING RISE TO SUCH LIABILITY, AND (B) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE BOOKED SERVICES, EVEN IF ADVISED, IN EACH CASE, OF THE POSSIBILITY OF SUCH DAMAGES.
Homage is not responsible or liable for the actions or inactions of Client or Care Recipient in relation to the Care Services received by Care Recipient, or the actions or inactions of a Care Pro or other third party in relation to the Care Services received by Care Recipient. Client understands, therefore, that by using the Homage Platform, Client and Care Recipient will be introduced to third parties, and that Client and Care Recipient use the Homage Platform at his/her own risk.
9. TERM; TERMINATION.
This Agreement shall be effective as of the date it is executed by the parties and shall remain in effect unless and until terminated as set forth in this Section 9 (the Term).
The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, and each Booked Service is treated as a separate service arrangement.
(a) Either party may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, or Client’s failure to comply with its payment obligations as described herein.
In the event there is a dispute whether either party materially breached the Agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration, as described in Section 12.2 below.
(b) In addition to the foregoing, either party may terminate the Agreement for any reason upon fifteen (15) days' written notice to the other party.
9.3 Client’s Obligations Upon Termination.
Upon termination of this Agreement for any reason, Client shall pay to Homage (a) any outstanding Booked Service Fees due prior to termination of this Agreement and (b) all Booked Service Fees for any outstanding Booked Services completed after termination of this Agreement.
9.4 Surviving Provisions.
The terms and conditions of this Section 9.4 and Sections 4, 5, 6, 7, 8, 9.3, 10, 11, and 12 (including, but not limited to, Section 12.2) and all accrued payment obligations shall survive the expiration or termination of this Agreement.
Client understands that Care Pro may be engaged or employed in any other business, trade, profession, or other activity, including providing services to customers booked through means other than the Homage Platform, including other web-based portals. Unless authorized by Homage, Care Pro shall not promote, offer, solicit, advertise, or otherwise contact Client to provide additional, similar, or any other services to Client and or Care Recipient outside of the Homage Platform. Notwithstanding the foregoing, Client agrees not to affirmatively solicit services from and/or hire a Care Pro originally referred through the Homage Platform through any means other than the Homage Platform for a period of six (6) months following Client’s engagement, unless Client has obtained the prior written consent of Homage. If Client fails to comply with this Section 10, Client shall pay a referral fee of S$1,000 to Homage and Homage may terminate this Agreement and deactivate Client’s access to the Homage Platform.
The restriction set out in this Section 10 is considered by the parties to be reasonable and necessary to protect Homage’s legitimate interests. While the restrictions are considered by the parties to be reasonable in all the circumstances, it is agreed that if for any reason, any one or more of such restrictions shall either taken by itself or themselves together be adjudged to go beyond what is reasonable in all the circumstances for the protection of Homage’s legitimate interests, the prohibitions shall be effected to the fullest extent permissible under applicable law. If any provision or part of a provision in this Section 10 is held or found to be void, invalid or otherwise unenforceable, it shall be deemed to be severed from such provision but the remainder of such provision shall remain in full force and effect.
Neither party may assign this Agreement, absent written authorization by the other party.
12. DISPUTE RESOLUTION; GOVERNING LAW.
12.1 Informal Negotiations.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between the parties, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration proceeding. Such informal negotiations will commence upon written notice. Each party’s address for such notices is the address set forth in his/her account. Homage may facilitate such informal negotiations in its sole discretion.
12.2 Mutual Arbitration Provision.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by binding 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 Section 12.2. The seat of the arbitration shall be Singapore. The arbitration shall be conducted in English. The arbitral tribunal shall consist of one arbitrator. Notwithstanding anything to the contrary in this Agreement, any party may at any time without regard to any notice periods required by the provisions hereof, and as often as is necessary or appropriate, seek any injunctive relief or measures, or any interlocutory, provisional or interim relief or measures, from any court of competent jurisdiction.
12.3 Governing Law.
This Agreement shall be governed and interpreted pursuant to the laws of the Republic of Singapore, notwithstanding any principles of conflicts of law.
Each party hereby expressly acknowledges and agrees that, by using or receiving access to the Homage Platform, each party is bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein. Homage may unilaterally modify this Agreement by issuing an update of this Agreement. This Agreement, as amended, will be deemed accepted by Client upon submission of a Booking Request following such amendment and shall be deemed to be accepted by Care Pro upon acceptance of a Booking Request.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to each party at the address set forth in his/her account. The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), electronic mail (with confirmation of transmission), certified or registered mail (in each case, return receipt requested, postage prepaid), or through the Homage Platform. This Agreement, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. This Agreement may be executed in multiple counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.
This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Homage's website or the Homage Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims. 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.
Each party acknowledges that it has read and understands this Agreement and also acknowledges that it had a reasonable and adequate opportunity to seek and receive independent legal advice, at its own expense, prior to signing this Agreement.
BY CHECKING THE BOX STATING I AGREE TO THE CLIENT SERVICES AGREEMENT, YOU HEREBY AGREE TO THIS CLIENT SERVICES AGREEMENT AND AGREE TO ACT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.
You understand that your electronic signature is as legally binding as a handwritten signature.
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.
- 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.
- 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.
- 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:
- DEFINITIONS AND INTERPRETATION
- For the purpose of this Agreement, the following terms shall have the following meanings:
- “Agreement” means this agreement together with the Schedules hereto, which may be amended from time to time, as agreed in writing by the Parties;
- “Bookable Extras” means the services listed as “Bookable Extras” in the Booking Request;
- “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;
- “Booked Service Fee” means the fee payable by the Client for the Booked Services;
- “Booked Service Location” means the address where the Booked Services are to be carried out as specified in the Booking Request;
- “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;
- “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;
- “Brokerage Fee” means the fee payable by the Care Professional to the Company (inclusive of Tax (if applicable)) as set out in Clause 6;
- “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;
- “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;
- “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;
- “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;
- “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;
- “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;
- “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;
- “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;
- “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;
- “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;
- “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;
- “Tax” means goods and services tax or any other taxes or payments which may be imposed by authorities in Singapore; and
- “Website” means www.homage.sg and associated Company mobile phone applications.
- The headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement.
- Unless otherwise indicated, any reference in this Agreement to a Clause or Schedule refers to specific Clause of, or Schedule to this Agreement.
- 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.
- 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.
- DATABASE LISTING
- Subject to the provisions of Clause 2.2, the Company hereby agrees to list the Care Professional on the Database.
- 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.
- 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:
- Contact details, including full legal name, address, date of birth, gender, telephone number, photograph, bank account details, credit card details and email address;
- 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);
- 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;
- References of previous employer(s) and/or trainer(s) with whom the Care Professional has worked, if so requested by the Company; and
- The Care Professional’s expected availability for the provision of In-home Care Services.
- 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.
- 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.
- 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.
- 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.
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.
- MUTUAL COVENANTS AND ACKNOWLEDGEMENTS OF THE COMPANY AND THE CARE PROFESSIONAL
- Each of the Parties represent and warrant as follows:
- 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
- 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.
- The Company and the Care Professional agree to and acknowledge the following:
- 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.
- 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.
- 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.
- 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.
- BOOKING REQUESTS AND PROVISION OF IN-HOME CARE SERVICES
- 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.
- 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.
- 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.
- 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.
- The Care Professional undertakes to:
- provide the Booked Services to the Client in accordance with the In-home Care Services Agreement;
- 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;
- 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
- take all necessary steps to avoid any loss and/or damage to the Client or the Client’s property.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- UNDERTAKINGS OF THE COMPANY
- The Company undertakes to the Care Professional as follows:
- 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;
- 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;
- upon the Care Professional accepting a Booking Request, the Company will provide the Care Professional with all relevant information relating to the Client;
- 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;
- it shall invoice the Client on behalf and in the name of the Care Professional for the Booked Services; and
- 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.
- PAYMENT OF BOOKED SERVICE FEES AND BROKERAGE FEE
- 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.
- 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.
- 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.
- 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.
- The Care Professional acknowledges and agrees that:
- 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.
- 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.
- 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.
- INTELLECTUAL PROPERTY
- The Care Professional agrees as follows:
- It shall not use the Intellectual Property without the prior written consent of the Company or unless provided for in this Agreement;
- It shall comply with the Company’s guidelines and instructions for the use of its Intellectual Property;
- 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;
- It shall not, without obtaining the Company’s prior written consent, authorise any third parties to use any of the Intellectual Property; and
- 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.
- The provisions of this Clause 7 shall survive the expiry or termination of this Agreement.
- CONFIDENTIAL INFORMATION
- The Care Professional undertakes and warrant that he/she/it will:
- Keep confidential and use the Confidential Information only in fulfilling its obligations under this Agreement;
- Not, without the prior written approval of the Company, disclose the Confidential Information unless compelled to do so by law;
- 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;
- Take all reasonable measures to ensure that the Confidential Information is protected against loss, unauthorised access, use, modification, disclosure or other misuse;
- Ensure that only authorised personnel have access to the Confidential Information in line with industry best practice;
- Immediately notify the Company when it becomes aware that a disclosure of any Confidential Information may be required by law;
- 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;
- Immediately notify the Company when it becomes aware of a breach of this Clause 8; and
- Immediately take all reasonable steps to stop a breach or potential breach of this Clause 8.
- 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.
- 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.
- 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.
- This Clause 8 will survive the expiry or termination of this Agreement.
- 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.
- 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.
- 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.
- INDEMNIFICATION AND LIMITED LIABILITY
- 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.
- 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.
- FORCE MAJEURE
- 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.
- GENERAL CONTRACT PROVISIONS
- All amounts payable pursuant to this Agreement are expressed in and shall be paid in Singapore dollars.
- 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.
- 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).
- 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.
- 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:
- to the Company: to the attention of [email protected]; and
- the Care Professional: at the email address provided to the Company in connection with listing of the Care Professional on the Database,
- 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.
- Time shall be of the essence of this Agreement.
- 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.
- No amendment of this Agreement will be effective unless made in writing and signed by the Parties electronically.
- 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.
- 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).
- 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.
- This Agreement may be executed in one or more counterparts and all such counterparts when executed and taken together will constitute this Agreement.
- 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
- Changing or cancelling visits before a Care Professional has been assigned is free of charge.
- For a visit that is extended at any time, there is no change fee.
- For a visit that is assigned to a Care Professional, if the visit requirements are changed and the original Care Professional can still perform the visit, there is no change fee.
- For a visit that was assigned to a Care Professional, but was changed and hence requires a different Care Professional to be assigned, if the change is requested within 7 days of the visit start time, but more than 24 hours before the visit start time, the change fee is SGD 15.00.
- For a visit that was assigned to a Care Professional, but the visit duration is reduced within 7 days of the visit start time, but more than 24 hours before the visit start time, the change fee is SGD 15.00.
- For a visit that was assigned to a Care Professional and the visit requirements are changed (excluding a reduction of visit duration) within 24 hours of the visit start time, hence requiring a different Care Professional to be assigned, the late change fee is SGD 25.00.
- For a visit that was assigned to a Care Professional and the visit duration is reduced, if the reduction of visit hours is requested within 24 hours before the visit start time, the change fee for late reduction of hours is 100% of the reduced hours, inclusive of applicable surcharges.
- If multiple changes are made, multiple change fees will be charged.
- Homage may waive change fees under extenuating circumstances or at Homage’s discretion.
- Homage will have the final say in all disputes.
- For visits that have a Care Professional assigned, if the cancellation takes place within the period 7 days before the visit start time up to 24 hours before the visit start time, the cancellation fee is SGD 25.00.
- For visits that have a Care Professional assigned, if the cancellation takes place within 24 hours of the visit start time, the cancellation fee is 100% of the total visit service fees, inclusive of all applicable surcharges on the original visit.
- When multiple visits are cancelled at the same time, the maximum cancellation fee is 100% of all visit hours within 24 hours of the cancellation time. No additional cancellation fees will be charged on visits that were scheduled to start later than 24 hours after the cancellation.
- Homage may waive cancellation fees under extenuating circumstances or at Homage’s discretion.
- Homage will have the final say in all disputes.