These Terms and Conditions ("Agreement") set out the basis on which Wira ("Company", "we", "us", "our") provides home companionship and support services to individuals and families ("Client", "you", "your") in Kota Kinabalu, Sabah, Malaysia.
By requesting or using any of Wira's services, you confirm that you have read, understood, and agreed to be bound by these terms. If you do not agree to any part of this Agreement, please do not proceed with arranging services.
Definitions
The following definitions apply throughout this Agreement:
- "Services" refers to Wira's home companionship and support offerings, including Festive & Occasion Support, Errand & Appointment Logistics, and Social Engagement Programme.
- "Client" means the individual or family member who engages Wira to arrange services for themselves or for a relative.
- "Relative" or "Service Recipient" refers to the older adult on whose behalf services are arranged.
- "Coordinator" refers to a Wira staff member responsible for planning and overseeing service delivery.
- "Companion" refers to a Wira staff member who accompanies or assists the Service Recipient during outings or activities.
- "Agreement" means these Terms and Conditions together with any written service arrangement confirmed between Wira and the Client.
- "Fee" means the amount payable by the Client in exchange for a specific service, as stated in the service schedule.
Acceptance of Terms
By contacting Wira to enquire about or arrange services, whether by phone, email, or online form, you confirm your acceptance of these terms.
- You must be at least 18 years of age and have legal capacity to enter into a binding agreement.
- Where services are being arranged on behalf of a relative, you confirm that you have authority to make arrangements on that person's behalf.
- These terms apply from the moment a service arrangement is confirmed in writing or verbally between Wira and the Client.
Service Description
Wira provides non-regulated home companionship and coordination services in Kota Kinabalu, Sabah. Our services are limited to general assistance, errand coordination, social engagement, and occasion support. We do not provide any regulated professional services including health care, nursing, financial advice, or legal representation.
Services are currently available within Kota Kinabalu and surrounding areas of Sabah. Availability beyond these areas is subject to prior arrangement and confirmation.
- Services are subject to staff availability and may be rescheduled with reasonable notice.
- Wira reserves the right to decline any service request that falls outside its scope or that it is unable to fulfil safely.
- Service hours are Monday to Friday 8:30 am – 5:30 pm and Saturday 9:00 am – 1:00 pm, unless otherwise agreed.
User Responsibilities
As a Client, you agree to the following:
- Provide accurate and complete information about the Service Recipient's situation, preferences, and any relevant circumstances that may affect service delivery.
- Inform Wira promptly of any changes to the Service Recipient's needs, living situation, or health circumstances that are relevant to the services being arranged.
- Ensure that the Service Recipient's home environment is reasonably safe for Wira staff during service visits.
- Treat Wira coordinators and companions with courtesy and respect at all times.
- Not request or expect Wira staff to undertake tasks outside the agreed service scope, including physical lifting, administering medication, or any task requiring professional licensing.
- Provide timely responses to communications from Wira, particularly where approvals or confirmations are required.
Intellectual Property
All materials produced by Wira in connection with services — including occasion plans, activity calendars, written summaries, and communications — remain the intellectual property of Wira unless otherwise agreed in writing.
- Clients may use materials prepared for them for personal and family purposes only.
- Materials may not be reproduced, redistributed, or used for commercial purposes without prior written consent from Wira.
- Wira's name, logo, and branding may not be used without express written permission.
Payment Terms
All fees are quoted and payable in Malaysian Ringgit (RM).
- Fees for individual occasion or outing arrangements are payable upon confirmation of the service.
- Monthly programme fees are payable at the start of each programme month unless otherwise agreed.
- Accepted payment methods include bank transfer and other methods as confirmed at the time of arrangement.
- Wira reserves the right to withhold or suspend service where payment is not received by the agreed date.
- Fees are non-refundable once a service has been delivered, except in circumstances set out in Section 8.
- Wira will provide a receipt or written acknowledgement of payment upon request.
Service Delivery
Wira will make reasonable efforts to deliver services as planned and communicated. Where circumstances outside our control require a change to an arrangement, we will notify the Client as early as practicable and propose an alternative.
- Wira endeavours to assign the same coordinator and companion where possible, but cannot commit to this in all circumstances.
- Written plans, calendars, and summaries will be delivered within the timeframes stated at the time of arrangement.
- Wira is not responsible for delays caused by traffic, weather, or other events beyond its reasonable control.
- The Client will be informed of any material deviation from the agreed service scope before or as soon as practicable after it occurs.
Cancellation & Changes
Either party may cancel or reschedule a service arrangement, subject to the following notice requirements:
- Cancellation or rescheduling with at least 48 hours' notice: no fee applies for rescheduling; a partial fee may apply for cancellation depending on preparation undertaken.
- Cancellation within 24 hours of a scheduled service: 50% of the agreed fee is payable where preparation has already commenced.
- Cancellation on the day of service without prior notice: the full fee is payable.
- For monthly programme arrangements, cancellation with at least 14 days' notice before the programme month begins will receive a full refund of that month's fee. Cancellations with shorter notice are not entitled to a refund for the current month.
- Wira may cancel a service at any time if safety concerns arise or if the Client has not fulfilled their responsibilities under this Agreement.
Disclaimers
Wira's services are provided in good faith as general home assistance and companionship coordination. The following apply:
- Wira does not provide any form of medical, nursing, therapeutic, legal, or financial advice or service.
- Wira makes no representation that any particular social, personal, or family outcome will result from the use of its services.
- Services are provided "as available" and Wira does not warrant uninterrupted service at all times.
- Wira is not a substitute for professional care services and families should consult licensed professionals for regulated needs.
Limitation of Liability
To the fullest extent permitted by Malaysian law, Wira's total liability to a Client in connection with any service shall not exceed the total fees paid by that Client for the specific service giving rise to the claim.
- Wira is not liable for any indirect, incidental, or consequential losses arising from the use or inability to use its services.
- Wira is not liable for losses arising from circumstances beyond its reasonable control, including acts of nature, infrastructure failures, or third-party actions.
- Nothing in these terms limits liability for death or personal injury caused by Wira's negligence, or for fraud or fraudulent misrepresentation.
Indemnification
You agree to indemnify and hold harmless Wira, its staff, and coordinators from any claims, losses, or expenses arising from:
- Your breach of any provision in this Agreement.
- Inaccurate or incomplete information provided to Wira that affects service delivery.
- Any request made to Wira staff to undertake tasks outside the agreed service scope.
Termination
Either party may bring this Agreement to an end at any time by providing written notice.
- Wira may terminate this Agreement immediately if the Client breaches any material term, including non-payment, abusive conduct toward staff, or requests for out-of-scope activities.
- On termination, any fees for services already delivered remain payable.
- Sections relating to payment, intellectual property, disclaimers, liability, and dispute resolution survive termination.
Dispute Resolution
This Agreement is governed by the laws of Malaysia, and any disputes shall be subject to the jurisdiction of the courts of Sabah, Malaysia.
- In the event of a dispute, both parties agree to first attempt to resolve the matter through informal discussion within 14 days of the dispute arising.
- If informal resolution is not possible, either party may refer the matter to mediation before pursuing formal legal proceedings.
- Consumer protection matters may be referred to the Consumer Claims Tribunal Malaysia (Tribunal Tuntutan Pengguna Malaysia) where applicable.
General Provisions
- Entire Agreement: This Agreement, together with any written service confirmation, constitutes the full agreement between the parties regarding the services described.
- Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions continue in full force.
- Waiver: Wira's failure to enforce any right under this Agreement does not constitute a waiver of that right.
- Assignment: The Client may not assign rights or obligations under this Agreement without Wira's prior written consent.
- Notices: Formal notices under this Agreement should be sent by email to [email protected] or by post to our registered address.
Changes to These Terms
Wira may update these Terms and Conditions from time to time. When changes are made, the updated document will be published on our website with a revised "Last Updated" date.
- Continued use of Wira's services after changes are published constitutes acceptance of the revised terms.
- For ongoing service arrangements, we will endeavour to notify Clients of material changes by email in advance.
Contact Us
For questions about these Terms and Conditions, or to raise a concern about your service arrangement:
Wira
- No. 84, Jalan Tuaran, 88300 Kota Kinabalu, Sabah, Malaysia
- +60 17-647 7561
- [email protected]