Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms carry the meanings set out below:

• "Bersama", "We", "Us", "Our" — refers to Bersama, the home assistance coordination service operating from No. 17, Jalan Munshi Abdullah, 75200 Melaka, Melaka, Malaysia.
• "Service" — refers to any of the home assistance coordination services described on our website and agreed in writing, including Errand & Appointment Logistics, Home Comfort & Accessibility Setup, and Regular Check-in & Family Updates.
• "User", "You", "Your" — refers to any individual who accesses our website, submits an enquiry, or enters into a service arrangement with Bersama.
• "Agreement" — refers to the written scope document agreed between Bersama and the User prior to commencement of any Service.
• "Content" — refers to all text, images, and other material appearing on the Bersama website.
• "Website" — refers to the Bersama website accessible at bersam.biz.

2. Acceptance of Terms

By accessing our Website or submitting an enquiry through any channel, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

You must be at least 18 years of age to engage our services or submit an enquiry on behalf of another person. By using the Website or contacting us, you represent that you meet this age requirement and have the legal capacity to enter into a binding agreement.

If you are submitting an enquiry on behalf of a family member or third party, you confirm that you have authority to do so and that the information provided is accurate to the best of your knowledge.

3. Service Description

Bersama provides home assistance coordination services for older adults and their families in the Melaka region of Malaysia. Our three current services are:

• Errand & Appointment Logistics — coordination of grocery runs, parcel collection, and transport arrangements for outings and scheduled appointments.
• Home Comfort & Accessibility Setup — consultation on room arrangement, furniture layout, lighting, and organisation to improve comfort and ease of movement in the home.
• Regular Check-in & Family Updates — scheduled friendly check-ins with brief written summaries shared with the family.

Services are available primarily within Melaka. Arrangements outside this area may be discussed on a case-by-case basis. Bersama reserves the right to decline a service request without providing a reason.

Bersama does not provide any regulated professional services, including but not limited to medical, nursing, legal, or financial services. Nothing we do constitutes professional health or care advice.

4. Enquiries and Scope Agreements

Submitting an enquiry through our Website or by telephone does not create a binding service arrangement. A service arrangement is only formed once both parties have agreed in writing to a written scope document that describes the specific service, schedule, deliverables, and fees.

We will respond to enquiries during our standard office hours (Monday to Friday, 8:30am–5:30pm; Saturday 9:00am–1:00pm). Response times may vary.

All changes to an agreed scope must be discussed and confirmed in writing before taking effect. Verbal changes are not binding.

5. User Responsibilities

When interacting with Bersama — through the Website, by phone, or in person — you agree to:

• Provide accurate and complete information when submitting enquiries or entering into a service agreement.
• Notify us promptly of any changes that may affect the delivery of agreed services.
• Treat our staff and representatives with courtesy and respect.
• Not use the Website for any unlawful purpose or in a manner that could harm Bersama or any third party.
• Not attempt to gain unauthorised access to any part of the Website or its associated systems.
• Not reproduce, distribute, or commercially exploit any Content from the Website without written permission from Bersama.

6. Intellectual Property

All Content on the Bersama Website — including text, layout, design, logos, and imagery — is owned by or licensed to Bersama and is protected under Malaysian intellectual property law.

You may view and print pages from the Website for personal, non-commercial use only. You may not reproduce, modify, distribute, or create derivative works from any Content without our prior written consent.

Nothing in these Terms transfers any intellectual property rights to you.

7. Payment Terms

All fees are quoted in Malaysian Ringgit (RM) and are as set out in the written scope document agreed before a service commences. Published prices on the Website are indicative starting points and may vary depending on the specific scope of work agreed.

Payment terms, accepted methods, and invoicing arrangements will be stated in the written scope document. Bersama currently accepts payment by bank transfer. Other payment methods may be discussed at the time of agreement.

Services will not commence until payment arrangements have been confirmed, unless otherwise agreed in writing. Fees are non-refundable once a service has commenced, except where Bersama is unable to deliver the agreed service due to circumstances within our control.

For ongoing arrangements, fees are payable on the schedule set out in the scope document. Late payments may result in suspension of the service until the outstanding amount is settled.

8. Service Delivery Terms

Bersama will carry out agreed services with reasonable care and in accordance with the written scope. We will notify the family promptly if any part of the agreed service cannot be delivered as scheduled.

Where a service involves visiting a home or carrying out activities on behalf of a family, a responsible adult (or an authorised representative of the family) must have made arrangements to allow access as required.

Bersama is not responsible for delays or failures in service delivery caused by circumstances outside our reasonable control, including but not limited to extreme weather, road closures, or the unavailability of access to a property.

Either party may request a change to the service scope. Changes take effect only once confirmed in writing by both parties. Bersama reserves the right to adjust fees if a change materially affects the scope of work.

Bersama will maintain appropriate confidentiality regarding personal information and household circumstances shared with us as part of a service arrangement.

9. Disclaimers

The Bersama Website and its Content are provided on an "as is" basis. We make no representations or warranties, express or implied, as to the accuracy, completeness, or suitability of any Content for any particular purpose.

Bersama does not represent or imply that the services described will produce any particular outcome for any individual. All information on this Website is general in nature.

We are not a healthcare, nursing, social work, or professional care provider. Nothing on this Website constitutes professional advice of any kind.

Links to third-party websites, if any, are provided for convenience only. Bersama does not endorse or take responsibility for the content or practices of any third-party site.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Bersama shall not be liable for any indirect, incidental, consequential, or special loss or damage arising from the use of our Website or services, including but not limited to loss of data, loss of revenue, or loss of goodwill.

Bersama's total liability to you in connection with any service arrangement shall not exceed the fees paid by you for the specific service giving rise to the claim.

Nothing in these Terms limits liability for death or personal injury caused by Bersama's negligence, fraud, or any other liability that cannot be excluded or limited under applicable Malaysian law.

11. Indemnification

You agree to indemnify and hold harmless Bersama, its representatives, and associates from and against any claims, damages, costs, or expenses (including reasonable legal fees) arising out of:

• Your breach of these Terms and Conditions;
• The provision of inaccurate or misleading information by you;
• Any act or omission by you that causes harm to Bersama or a third party.

12. Termination

Either party may terminate an ongoing service arrangement by providing written notice in accordance with the notice period stated in the scope document. Where no notice period is specified, a minimum of seven (7) calendar days' written notice is required.

Bersama may terminate a service arrangement immediately, without notice, if you breach these Terms, fail to make a required payment, or engage in conduct that is harmful, threatening, or disrespectful toward our staff.

On termination, fees for work completed up to the date of termination remain payable. Prepaid fees for work not yet commenced may be refunded at Bersama's discretion, having regard to the circumstances of termination.

Sections 9, 10, 11, and 13 of these Terms survive termination.

13. Dispute Resolution

These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising from these Terms or from a service arrangement shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating any formal proceedings, both parties agree to make a genuine effort to resolve the dispute informally. Either party may raise a concern in writing by contacting [email protected]. We will respond within ten (10) business days and work in good faith toward a resolution.

If informal resolution is not achieved within 30 days of written notice, either party may refer the matter to mediation through the Malaysian Mediation Centre, before pursuing litigation, unless urgent injunctive relief is required.

The Consumer Protection Act 1999 (Malaysia) and other applicable Malaysian consumer protection legislation apply where relevant.

14. General Provisions

• Entire Agreement: These Terms, together with any written scope document and our Privacy Policy, constitute the entire agreement between you and Bersama with respect to the subject matter herein.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure by Bersama to enforce any provision of these Terms on any occasion does not constitute a waiver of the right to enforce that provision on a future occasion.
• Assignment: You may not assign your rights or obligations under any service arrangement without our prior written consent. Bersama may assign its rights to a successor or related entity without notice to you.
• Notices: Formal notices under these Terms must be sent in writing to the address or email listed in Section 16.

15. Changes to These Terms

Bersama may update these Terms and Conditions from time to time. Updated terms will be published on this page with a revised "Last Updated" date. Continued use of the Website or our services after the updated terms are published constitutes acceptance of the revised terms.

Where changes are material, we will make reasonable efforts to notify users by posting a notice on the Website. We recommend reviewing this page periodically.

16. Contact Information

For questions about these Terms and Conditions, or to raise a legal matter, please contact us:

• Email: [email protected]
• Phone: +60 19-982 7766
• Address: No. 17, Jalan Munshi Abdullah, 75200 Melaka, Melaka, Malaysia
• Business hours: Monday–Friday 8:30am–5:30pm; Saturday 9:00am–1:00pm (MYT)