This Terms of Service (“Agreement”) consists of the terms and conditions which is part of the Pillar Care Service Agreement between you and Eldershare Sdn Bhd (“Company” or “Pillar”), together with any service order or service agreement that you sign. Pillar provides non-medical home care services (“Services”). Pillar’s technology, including its website and all Pillar’s mobile apps (collectively known as “Platform”) are considered part of the Services.
No Professional or Medical Advice
- You acknowledge that the Services are not medical service or any form of professional advice and are not intended to replace or substitute any professional or medical advice.
- Any information provided as part of the Services may not be relied on as medical advice. You should instead consult with an appropriately trained professional or medical provider for all concerns that require professional or medical advice.
- In the course of providing Services, Pillar collects certain information about the care recipient and, as part of the Service, transmits that information to you and others (for example, information about meals, sleep, mood, etc.).
- All information is collected and transmitted for your convenience only, and Pillar is not responsible to take any action on any information that Pillar collects or observes.
Authority to Bind Care Recipient
- This Agreement is between Pillar and you, on behalf of yourself and, if different, a care recipient (“Recipient”).
You represent and warrant that:
- you and the Recipient (if not yourself) are at least the age of legal majority in your jurisdiction; and
- if the Recipient is someone other than yourself, you have the full power and authority to bind that person to this Agreement.
- With reference to the above Clauses 2.1 and 2.2, Recipient shall also be bound by this Agreement and every reference in this Agreement to “you” and “your” shall also include the Recipient.
- You will provide Pillar with evidence of any such authority upon request and will indemnify Pillar against any claims based on your lack of authority.
Changes to Agreement or Service
- Pillar may modify this Agreement, including the rates it charges you, by sending notice as set forth in Clause 19.
- If you do not want to be bound by the modified terms, then you must stop using the Services, because the Service evolves over time which might result in changes or discontinuance of all or any part of the Service, at any time and without notice, at our sole discretion.
- Any changes in the above Clause 3.2 will be effective after the time it is deemed to be given under the terms of Clause 19, or such later date specified in the notice.
General Payment Terms
- You agree to keep a current and valid credit or debit card on file with Pillar at all times unless all parties agree otherwise.
- You agree to pay Pillar for any transactions made in connection with your account (“Service Fees”).
- The Company will charge your credit or debit card according to the agreed rates for Services, as modified from time to time.
- Any changes in rates will be communicated to you in accordance with this Agreement.
- All Service Fees are due immediately upon completion of the scheduled appointment and you hereby authorise Pillar to charge the card on file following completion.
- The Company retains the right to place a hold on your credit card for an ordered or completed appointment.
- In addition, you agree that Pillar may charge your payment method for verification and pre-authorisation purposes and you agree to bear any additional charges that your bank or other financial service provider may levy on you.
- The Company will use third party services to process credit card information.
Direct Hire Fee
- You acknowledge that Pillar has invested significant resources in recruiting and training caregivers.
- In the event that you hire any caregiver that has been employed by Pillar or its partners during the term of this Agreement or within the last twelve (12) months after the expiry of your agreement with Pillar, you will pay Pillar a placement fee equal to RM12,000.
- You acknowledge that the fee in the above Clause 5.2 is a reasonable representation of damages suffered by Pillar.
- If you hire a caregiver directly, neither you nor the caregiver will be covered by any insurance or liability protection that may be provided by Pillar or its partners, and you will assume responsibility for all taxes, insurance, overtime and other requirements.
- As a result of the above Clause 5.4, Pillar may also terminate its Agreement with you immediately.
Cancellation by You
- You may cancel any appointment for care services by calling Pillar at +603-2935 9960 no later than twenty-four (24) hours prior to the scheduled appointment.
- You authorise us to charge your credit card for any scheduled appointments that you do not cancel in accordance with Clause 6, including if the caregiver is unable to deliver the Services due to the unavailability of or refusal by the Recipient.
- Certain discounted or promotional rates may be subject to additional restrictions and penalties for cancellation, which will be outlined in connection with the discount or promotion.
Substitution of Caregiver
- If a caregiver is unable to make any scheduled appointment and Pillar receives sufficient advance notification, Pillar will make every reasonable effort to find a replacement in sufficient time, and if no replacement is available, you will not be charged for the appointment.
- With reference to the above Clause 7.1, Pillar shall not otherwise be responsible for any inability to provide a substitute caregiver.
Discounts and Promotion
- From time to time, you may be offered discounted or promotional rates (in an amount subject to Pillar’s sole discretion), which will be subject to any additional terms outlined in connection with such discount or promotion.
- Discounts and promotions may not be combined with any other offer.
- If you elect to have the caregiver to provide transportation using the Recipient’s car, you will be responsible for all necessary insurance to cover any accidents or liability that may occur.
- If you elect to be transported in the caregiver’s car, you understand that the Recipient will ride in the caregiver’s personal car as a passenger of the caregiver.
- Pillar expressly disclaims, and you hereby expressly release Pillar from, any responsibility or liability for any damages resulting from your use of transportation services from a caregiver.
- Mileage will be charged for transportation in the caregiver’s car at then-current rates.
- Pillar does not designate any portion of your payment as a tip or gratuity to the caregiver.
- While you are free to provide additional payment as a gratuity to any caregiver, you are under no obligation to do so.
- You are responsible for determining whether any gratuity is reportable to any taxing authority and for making such report or paying any applicable taxes.
- Whenever you or the Recipient is asked to provide ratings of the caregiver, you agree that all ratings will represent the independent, honest and genuine opinion of the person providing the rating.
- The Services do not include medical care of any kind, including emergency care, and no part of the Service Fees constitute compensation for any medical or emergency care.
- If an emergency occurs while a caregiver is with a Recipient, neither the caregiver nor Pillar shall be liable for any damages resulting from any act or omission of the caregiver.
- Whether a caregiver renders emergency care, it is at the discretion of the caregiver and, if applicable, Pillar, shall be entitled to the full benefit of any “Good Samaritan” laws.
- You are responsible for providing a safe and secure working environment for the caregiver, and for obtaining all necessary insurance relevant to your home and your vehicle.
- If a caregiver detects violence or abuse affecting the Recipient, the caregiver may be required by law to report that abuse to law enforcement.
Privacy and Confidentiality
- When you use Pillar, you shall submit personal information about you and the Recipient, such as your name, address, mobile phone number and age, as well as information about the Recipient that may be relevant to the care services, such as physical or mental condition, medications, preferences, diet, etc.
- You agree to provide accurate, complete and up-to-date information, and your failure to do so may result in adverse consequences, including the inability of the caregiver to provide the care services, your inability to access and use the Platform or suspension of your account.
Communications from the Company
- You consent to the receipt by both you and the Recipient of calls to your phone and mobile phone and text (SMS) messages from both Pillar and the caregivers who are providing care services to the Recipient.
- Standard voice and data charges from your phone carrier may apply to these calls and texts.
- You may also receive email communications from Pillar or caregivers, including information about the Recipient, about the Services, newsletters, special offers, and account reminders and updates.
- You can remove yourself from communications that are not related to the delivery of Services by following the instructions in the e-mail.
- If you do not want to receive communication of sensitive or confidential information by e-mail, please notify the Company at email@example.com.
Disclaimers; Limitation of Liability; Indemnity
- To the fullest extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
Pillar makes no representation, warranty, or guarantee:
- regarding the reliability, timeliness, safety, suitability, or availability of the Service; or
- that the Service will meet your requirements or will be available on an uninterrupted, secure or error-free basis.
- Pillar shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, cost of substitute Services, personal injury, or property loss or damage related to, in connection with, or otherwise resulting from your use of or inability to use the Service.
- Pillar shall not be liable for delay or failure in performance resulting from causes beyond Pillar’s reasonable control.
- In no event shall Pillar’s total liability arising out of or in connection with this Agreement or from the use of or inability to use the Service exceed the amounts you have paid to Pillar for Services in the six (6) month’s period preceding the claim or action.
- Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Pillar and you.
- You agree to indemnify and hold Pillar and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with your use of the Service, your lack of authority to bind the Recipient to this Agreement, the breach or violation of any of this Agreement, or your violation of the rights of any third party, including any caregiver.
- This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
- The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement and the documents to be entered into pursuant to it and that accordingly any proceedings arising out of or in connection with this Agreement and such documents shall be brought in such courts.
- Pillar may give notice by means of a general notice on the Platform, electronic mail to your e-mail address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account.
- Such notice shall be deemed to have been given upon the expiration of one (1) business day after mailing or posting (if sent by first a recognised overnight courier) or twenty-four (24) hours after sending (if sent by e-mail).
- You may give notice to Pillar, with such notice deemed given when received by Pillar, at any time by courier to Pillar 11, Jalan 21/37, 46300 Petaling Jaya, Malaysia, or upon receipt when sent by email to Pillar at firstname.lastname@example.org.
Pillar may assign this Agreement without your consent to:
- a subsidiary or affiliate;
- an acquirer of Pillar’s equity, business or assets; or
- a successor by merger.
- Any purported assignment in violation of this clause shall be void.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- Pillar’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pillar in writing.
- Pillar may assign this Agreement without your consent to: