Terms & Conditions

1. Definitions

In these Terms and Conditions, the following words have the meanings given below:

• "Cempaka" — refers to the home support coordination business operating at No. 96, Jalan Mahkota, 75000 Melaka, Melaka, Malaysia.
• "Service" — refers to any of the home support arrangements described on this website, including technology assistance, daytime companionship, and errand coordination.
• "Client" — refers to the adult family member or representative who enquires about, agrees to, and pays for a Service arrangement.
• "Relative" — refers to the older person in the household for whom the Service is arranged.
• "Agreement" — refers to the arrangement formed between Cempaka and the Client following confirmation of a booking.
• "Website" — refers to the pages hosted at cempakana.biz.

2. Acceptance of Terms

By submitting an enquiry form on this website or by verbally confirming an arrangement with a Cempaka representative, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

To enter into an arrangement with Cempaka, you must be at least 18 years of age and have the legal capacity to form a binding agreement under Malaysian law.

If you are acting on behalf of another person or organisation, you confirm that you have the authority to bind that person or organisation to these terms.

3. Service Description

Cempaka arranges the following home support services for older relatives in Melaka. Each service is described in general terms; specific scope is confirmed with the Client during the arrangement process.

Services are available within the Melaka area. Availability is subject to scheduling and staffing at the time of booking.

4. Client Responsibilities

To enable smooth service delivery, Clients agree to:

• Provide accurate and complete information about the Relative and the household environment prior to the first session.
• Inform Cempaka in advance of any changes to the schedule, access arrangements, or the Relative's circumstances that may affect the service.
• Ensure that a suitable environment is available for the agreed service (e.g. a safe, accessible home setting for companionship sessions).
• Settle payments according to the agreed schedule before or on the date specified at confirmation.
• Use the website and any shared documents only for their intended purpose and in good faith.

Clients must not attempt to misrepresent the scope of a required service or request activities that fall outside what Cempaka offers.

5. Intellectual Property

All content on this website — including text, images, guides, layout, and branding — is the property of Cempaka or its licensors and is protected under applicable Malaysian intellectual property law.

Clients are granted a limited, non-exclusive, non-transferable licence to access and use the website for the purpose of arranging services. No content may be copied, reproduced, or distributed without Cempaka's written permission.

6. Payment Terms

• Currency: All prices are in Malaysian Ringgit (RM).
• Payment timing: Payment is due before the service commences unless a separate written arrangement has been confirmed.
• Payment methods: Accepted payment methods will be communicated at the time of booking confirmation.
• Cancellations: If a Client cancels a confirmed booking with at least 48 hours' notice, a full credit will be applied toward a rescheduled session. Cancellations with less than 48 hours' notice may forfeit the session fee, at Cempaka's discretion.
• Refunds: Requests for refunds on unused services will be considered on a case-by-case basis and communicated within 14 business days.

7. Service-Specific Terms

8. Disclaimers

Cempaka provides home support coordination services and makes no representation that these services will produce any particular personal, social, or functional outcome for the Relative.

Our services are not a substitute for regulated care, professional advice, or emergency assistance. Families requiring regulated or health-related support should seek appropriately qualified providers.

The website is provided on an "as available" basis. We do not warrant that the site will be continuously accessible or free from errors, though we make reasonable efforts to maintain it.

9. Limitation of Liability

To the extent permitted by Malaysian law, Cempaka's total liability to a Client in connection with any service arrangement shall not exceed the amount paid for the specific service giving rise to the claim.

Cempaka is not liable for indirect, incidental, or consequential losses — including loss of opportunity or distress — arising from the use or inability to use a service, unless caused by our own negligence.

Nothing in these terms limits liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation.

10. Indemnification

Clients agree to indemnify and hold Cempaka harmless from any claim, loss, or expense (including reasonable legal costs) arising from: (a) a material misrepresentation made when booking a service; (b) a Client's failure to comply with these terms; or (c) a Client's actions that cause harm to a Cempaka staff member or representative.

11. Termination

Either party may bring a service arrangement to a close with reasonable notice. Cempaka may decline to continue an arrangement if a Client's conduct is abusive, if the household environment presents a safety concern for staff, or if payment obligations are not met.

On termination, any fees due for services already delivered remain payable. Sections 8, 9, 10, and 12 of these terms survive termination.

12. Dispute Resolution

These Terms are governed by the laws of Malaysia. Any dispute arising from a service arrangement will first be addressed through direct discussion between the Client and a Cempaka representative, with a view to reaching an amicable resolution within 30 days.

If direct resolution is not achieved, the matter may be referred to mediation under the Mediation Act 2012 (Malaysia) before any formal proceedings are commenced.

The courts of Melaka, Malaysia shall have non-exclusive jurisdiction over any unresolved disputes.

13. General Provisions

• Entire agreement: These terms, together with any written booking confirmation, form the entire agreement between Cempaka and the Client.
• Severability: If any part of these terms is found unenforceable, the remaining parts continue in full effect.
• Waiver: Cempaka's failure to enforce a right does not constitute a waiver of that right.
• Assignment: Clients may not assign their rights under these terms without Cempaka's written consent.
• Notices: Formal notices may be sent to [email protected] or to our registered address.

14. Changes to Terms

We may update these terms to reflect changes in our services or applicable law. When we do, the "Last updated" date will be revised. Continued use of the website or services after an update takes effect constitutes acceptance of the revised terms.

We will make reasonable efforts to notify existing Clients of material changes via email or direct communication before they take effect.