2019 by HOMEWORKS SERVICES  SDN BHD

HomeWorks Terms of Service

Effective date: 1/10/2017


Welcome to Homeworks.my, your community service provider where homeowners, tenants and/or businesses seeking services (“Customers” or “you”) can obtain information about and contract for services. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at help@homeworks.my, 48-2, Block C, The Earth, Bukit Jalil, 57000 Kuala Lumpur.


These Terms of Use (the “Terms”) are a binding contract between you and Homeworks.my (“Company,” “we” or “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Homeworks.my Privacy Policy and Dispute Policy.

You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). “You” and “your” apply to both Customers and Us for the purposes of these Terms, unless indicated otherwise.

Terms Updates 

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Homeworks.my website, and/or by sending you an email and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. If you reject new Terms, you remain obligated to extent of Services used prior to your rejection.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.



How to use Homeworks.my?

Homeworks.my serves as a platform to connect Customers in need of Services. Homeworks.my will be the main contact and held responsible to provide, or exercise its best control or oversight over all Services offered by us. If a dispute should arise, Homeworks.my reserves the right in its sole discretion to attempt to resolve any such dispute. You agree that prior to taking any legal, you will give Homeworks.my 30 days’ written notice prior to doing so and you will participate in a resolution of any dispute in good faith.

You are required to sign up for an account in your messenger with your mobile number (“Homeworks.my User ID”). When registering for or using the Service, you promise to provide us with accurate, complete, and updated information. You may not select as your Homeworks.my User ID a name that you don’t have the right to use, or another person’s or entity’s name with the intent to impersonate that person or entity. You may not transfer your account to anyone else without our prior written permission.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account, including but not limited to charges incurred.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a)Commercializes or leverages Homeworks.my Services as a separate business;

(b)Infringes or violates the intellectual property rights or any other rights of anyone else (including Homeworks.my);

(c)Violates any law or regulation;

(d)Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(e)Jeopardizes the security of your Homeworks.my account or anyone else’s (such as allowing someone else to log on as you on the Services);

(f)Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(g)Violates the security of any computer network, or cracks any passwords or security encryption codes;

(h)Runs Mail list or any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(i)“Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);

(j)Copies or stores any significant portion of the Content;

(k)Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Company may provide a tool for Customers to view an estimate of the cost for a Job (the “Estimated Cost”). The Estimated Cost is only a guide to help you approximate the cost of a Job, and is not a representation or guarantee by Company of the actual price of a Job or the cost of labor for a job. Company provides no representation or warranty as to the accuracy of the price estimates generated by the Estimated Cost feature, and Company will not be liable for Customer’s on any estimate. Final costing will be provided as our final cost for the service.

Company may from time to time offer certain Jobs in certain markets at a “Fixed Rate” price. The “Job Definition” for such offers will typically involve special conditions and exclusions in addition to the definition of the Job itself. Homeworks.my will invoice Customers the “Fixed Rate” price plus any applicable permit costs and taxes. If we determine the actual scope of a Job exceeds the Job Definition of an applicable “Flat Rate” offering, we will get approval from   the Customer before moving forward with the Job. If Customer wants additional services, whether they be related to the original Job but excluded from the Job Definition, or whether they be otherwise, we will invoice the Customer for the additional labor, materials, permits and taxes.

In order to book a Job and obtain an appointment with our crews, you may be required to have a payment method such as credit card or debit card on file with your Homeworks.my account. Homeworks.my in its sole discretion will determine the acceptable payment method(s) for each Job. Payment is due from Customer upon booking, and for some Jobs there may be more than one Invoice. Customer agrees that use of the Services will result in charges for services provided. Homeworks.my will inform Customer via text messages and/or email of the summary of charges (totals) before charging their payment method on file.

Company may offer to confirm an appointment within a specific amount of time and/or schedule a Job for a particular date and time. However, Company cannot guarantee, and ability to confirm appointments depends upon, our crews’ availability and in some cases the service location. Company also reserves the right to cancel a scheduled Job based on our crew’s availability.

Company may offer a “Homeworks.my Guarantee” on some Jobs (“Homeworks.my Guarantee Jobs”). If you are not satisfied with the quality of the project on a Homeworks.my Guarantee Job, we will work closely with you to resolve the issue. If we do not resolve the matter to your satisfaction, we will spend up to the lesser of RM1000 or the original cost of the service towards having another crew of Homeworks.my to correct the problem. Restrictions apply.

Homeworks.my is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. Homeworks.my is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Homeworks.my in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Homeworks.my is excluded.

 

Booking Notification Chanel

When you order a service, we will send you a text message via messenger and whatsapp to confirm your booking and payment. Company will also send you an message to follow-up your bookings if necessary. You may refer to HISTORY to view your past and upcoming bookings and payment status .

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to help@homeworks.my.

Cancellation & Refund

Appointment cancelled by Customer: 

Before 12:00noon a day prior to appointment date: 100% refund; After 12:00noon a day prior to appointment date: 50% refund; Same day or "No Access": No refund.

 

To be fair, if HomeWorks cancelled an appointment with less than a 2 hours notice, a full refund will be credited into customer's account for next service. And if no available openings for new appointment within the next five business days, customer may request for cash refund.

Copyright rules

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you promise you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Homeworks.my ’s) rights.

You understand that Homeworks.my owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; the restrictions above apply to all materials displayed, performed or available through the Services, even if there is a download or copy function available.

Do I share licenses to Homeworks.my or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to share your User Submissions with other users (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Homeworks.my a worldwide, royalty free, fully paid up, perpetual, irrevocable, fully sublicensable license to use, reproduce, display, perform, adapt, translate, modify, distribute, make derivative works of and otherwise exploit your User Submissions in any manner we see fit (a “User Submission License”). This is a license only – your ownership in User Submissions is not affected. Homeworks.my may use your User Submissions in any manner for any purpose, including to advertise and promote Homeworks.my, and the Services. Homeworks.my may refuse to accept or transmit your User Submissions. Homeworks.my may decide to not post and/or remove your User Submission(s) from the Services for any reason.

Finally, you understand and agree that Homeworks.my may need to make changes to your User Submissions to conform and adapt those User Submissions for any and all purposes relating to providing the Services (including, without limitation, to make User Submissions compatible with the technical requirements of connection networks, devices, services, or media.

Content responsible

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
 

Will Homeworks change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Homeworks.my cost anything?

Homeworks.my reserves the right to charge for the Services. You are responsible for paying all applicable fees and payments as set forth in the Services. Homeworks.my reserves the right to update or modify its fees and payments policies at any time, and if you wish to continue using such Services, you must pay all applicable fees.

Customer agrees to pay all applicable fees immediately upon booking completion or as stated otherwise for the selected services. If Customer cancels completion of any Services for any reason, Customer agrees to pay for reasonable time and materials charges already provided by Homeworks.my by the time of cancellation. If Customer cancels any services within twenty-four (24) hours of the scheduled start-time, Customer may be charged a cancellation fee set by Homeworks.my. Homeworks.my reserves the right, but does not have the obligation, to mediate disputes regarding fees and payments at its sole discretion.

Can I stop using Homeworks.my?

You’re free to do that at any time, by contacting us at help@homeworks.my; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Note that terminating your use of the Services does not terminate this Agreement.

Homeworks.my is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Homeworks.my has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

What else do I need to know?

Indemnity. For services booked directly with our crews without work order, proof of booking or booking through Homeworks.my, you agree to indemnify and hold Homeworks.my, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to your use of the Services (including any actions taken by a third party using your account.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Homeworks.my ’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of Malaysia, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Malaysia.

Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Homeworks.my may, in its sole discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Homeworks.my agree that these Terms, together with the Homeworks.my Privacy Policy and Service Provider Addendum (if applicable), are the complete and exclusive statement of the mutual understanding between you and Homeworks.my, and that it supersedes and cancels all other previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Homeworks.my in any respect whatsoever. You and Homeworks.my agree there are no third party beneficiaries intended under this Agreement.