Amberfied Terms of Service
Last modified: 29/06/2024
I. Amberfied Terms of Service – summary
Welcome to Amberfied! We have put significant effort into ensuring that our terms of service (Terms of Service) are easy to understand. Below, we outline an overview of the Terms of Service. However, it is important that you also review the complete version provided thereafter.
- Only registered Users may buy, book, publish and sell Wellness Services with Amberfied. Registration is free, but Users must provide accurate, complete, and updated information during registration and refrain from creating accounts for fraudulent purposes.
- Users are responsible for the activity on their accounts and must maintain the confidentiality and security of their passwords. Amberfied is not liable for any actions or omissions by Users in connection with their accounts.
- Wellness Services may only be offered with Amberfied by Third Party Providers who hold relevant licences or have the right to provide Wellness Services.
- Users must pay Amberfied in advance for Services, which are purchased through the ‘Book’ button on service pages within the Discovery Page, the Home Page, as well as Wellness Providers’ profile pages.
- Services on the Home Page are offered by Wellness Providers who provide their Services at the preferred location of the User, provided that location is within the specified area in which the Wellness Provider provides Services.
- Services on the Discovery Page are provided at locations specified by the Wellness Provider.
- Fees, payments, payouts, cancellations and refund terms are detailed in the Payment Terms.
- Wellness Providers must fulfil their Services and may not cancel services without cause, as this affects their reputation and earnings.
- Wellness Providers achieve Milestones to benefit from reduced Amberfied fees, which are determined by their performance metrics, as elaborated in the Milestones section.
- Users may not offer or accept payments using any method other than placing an order through the Site or the App.
- When purchasing a Service, Users agree to abide by the Wellness Provider Terms outlined in the Service Package details for each purchased Service. These terms encompass crucial aspects such as cancellation policies, expiration dates, pricing, location details and more.
- User privacy is protected by Amberfied’s Privacy Policy.
- Users must comply with Amberfied’s Community Guidelines, which supplement these Terms of Service and are subject to updates.
II. Amberfied Terms of service – full version
- We are Amberfied Limited, a private limited liability company established in Gibraltar, registered under the company number 123952 and having its offices at Unit 2a, Atlantic Suites, Europort Road, Gibraltar GX11 1AA (Amberfied, we, us and our).
- These are Terms of Service between you and Amberfied for the use of the Amberfied Platform (as defined below).
- Please read the Terms of Service carefully before you start to use the Site or App. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and the Payment Terms, which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Notice. If you do not want to agree to these Terms of Service or the Privacy Notice, you must not access or use the Site.
- This Site is offered and available to Users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
- We reserve the right to change these Terms of Service from time to time by changing them on this page. Any changes will apply to your next booking so please check this page regularly. If you do not agree to any changes, you should not make a booking.
III. Definitions
When we use capitalised words or phrases in these Terms of Service, they have the following meanings:
Amberfied means Amberfied Limited, (we, us” or our).
Amberfied Booking Services means all booking services, including creating, updating, rescheduling and cancelling bookings, provided through the Amberfied Platform.
Amberfied Platform and Platform means, together: (a) the Site; and (b) the App.
Amberfied Services encompass all information, recommendations, and Services displayed on the Amberfied Platform, as well as Services provided by Amberfied through your use of the Platform. This includes access to the Amberfied Platform, Third Party Providers and/or Users Profiles, Amberfied Customer Support, and Amberfied Payment Services.
App means the Amberfied mobile application published on the Apple Store and Google Play Store, downloaded and installed by you on your device.
Appointment and Session means any booking for one or more Services from a Wellness Provider made through the Amberfied Platform, including as updated, re-scheduled or cancelled.
Cancellation Policy refers to the free cancellation policy outlined in the Service Package of the relevant Wellness Provider. In the event of a breached Cancellation Policy, the Wellness Provider retains the right to keep the credit for that booking, effectively retaining 100% of the value of the booking.
Community Guidelines mean the guidelines, as updated from time to time, which set out expectations of all Users of the App/Site Services. The latest version of the Community Guidelines is available here.
Customer Support means the support services provided by Amberfied to handle and address queries or issues which the User may encounter. Customer Support may be contacted via email at info@amberfied.com or through the Support tab in the account settings on the Site/App.
Discovery Page displays the locations of Wellness Providers and their Services. Services purchased through this page are location-specific, meaning that the User must go to the Wellness Provider’s location to receive the Service.
District refers to the specific area within a city or town where a Wellness Provider operates and provides Services at a location agreed upon with a User who has purchased their Services.
FlexPay is the facility on the Site/App that allows Wellness Providers to withdraw funds from their earnings.
Home Page is where Users can discover Wellness Providers and their Services available in the User’s selected area. Services purchased through this page are typically delivered at the User’s location.
Location refers to the specific place from which a Service is delivered by a Wellness Provider / Third Party Provider. This can either be the Wellness Provider’s address or the User’s address.
Milestones is a function for rewarding Wellness Providers based on their activity with Amberfied.
No Show Policy In cases where a User fails to show up for a scheduled Session or Appointment without prior notice, the Wellness Provider reserves the right to retain the credit for that booking, thereby retaining 100% of the value of the booking.
Package(s) is a Service containing more than one Session or Appointment offered by Wellness Providers at a fixed price or discounted price.
Payment Processor(s) and Amberfied Payment Services are third-party payment service providers that offer payment services to Users and Wellness Providers in connection with the Amberfied Platform. These services include the collection of funds from Users for purchases, remittance, withdrawal of funds to Wellness Providers and the holding of funds in connection with Amberfied Balances.
Payment Terms means the document which sets out Amberfied’s Payment Terms. The Payment Terms document is available here.
Privacy Notice means the document which sets out how Amberfied collects, uses, stores and protects your personal data. The Privacy Notice document is available here.
Site means the website Amberfied.com, accessible through any web browser.
Service Package means a package of one or more Services offered by the Wellness Provider and which contains details of the Wellness Providers terms of service including but not limited to the Cancellation Policy.
Third Party Providers and Wellness Providers means independent self-employed individuals, including small and medium-sized enterprises (SMEs) who offer their Services for sale on the Amberfied Platform.
Third Party Services, Wellness Services, and Services collectively refer to any wellness-related services offered for sale on the Amberfied Platform by Wellness Providers.
User and you refer to those who register on the Site or App to purchase and/or receive wellness services, this also includes Wellness Providers / Third Party Providers.
User Profile means an account you create on the Amberfied Platform, containing information such as your name, bookings, photos, rates and reviews.
Wellness Provider’s Profile means an account you create as a Third Party Provider on the Amberfied Platform to sell your Services. It contains information such as your name, your services, location information, followers, bookings, photos, rates and reviews.
Wellness Provider Terms refer to the Service Package details that encompass the total price, date, time, Wellness Provider Services, location and any other pertinent information or terms and conditions (including but not limited to Cancellation Policy and No Show Policy) provided to you before confirming your booking through the Amberfied Platform at the time of booking.
IV. Our Services
Amberfied provides a dynamic Platform where Users can connect with Wellness Providers through the Home Page and Discovery Page. Our Wellness Providers offer a variety of Services in the wellness space, including training, coaching, consulting, and therapy services. The Amberfied Platform enables you to directly pay for multiple Wellness Services, make bookings for your purchased Services, and conveniently keep track of your Packages.
By using the Amberfied Services, you enter into a contract with Amberfied under these Terms of Service. However, your contract for the Wellness Services is solely between you and the Wellness Provider. Amberfied does not operate any Wellness Provider or provide any Wellness Services.
Amberfied acts solely as an intermediary between you and the Wellness Provider, serving as the agent for each Wellness Provider to facilitate and finalise your bookings. Our Platform’s features enable both Users and Wellness Providers to purchase Services, make bookings, track remaining Sessions in Service Packages, check expiry dates, and communicate effectively.
When you pay for a service on the Amberfied Platform, we act as a commercial agent on behalf of the relevant Wellness Provider. This process discharges your debt to the Wellness Provider for each completed booking through a partial payout system. For more details, please refer to our Payment Terms.
V. Third Party Providers’s Services
If you use the Amberfied Platform to book any Wellness Provider Services, you also agree to adhere to the Wellness Providers’ Terms outlined in every Service Package details at the time of purchase and booking. These terms include information such as total price, number of Sessions, location details, expiry date, and cancellation policy.
The provision of Wellness Provider Services and the fulfilment of any booking by Wellness Providers are subject to the Wellness Providers Terms. Amberfied is not a party to the Wellness Provider Terms you agree to upon your purchase.
VI. Third Party Providers (Wellness Providers)
A. BASICS
Third Party Providers can create Services on the Amberfied Platform to offer Wellness Services for Users to purchase and book. When creating a Service, Wellness Providers must provide as much information as possible about their Service, including the total price.
For every User payment, Amberfied deducts a 15% administrative fee for facilitating the bookings.
If a User purchases a single Service, the payment for that Service will be available 24 hours after the Service is provided. However, if a User purchases a Service Package, Amberfied will apply partial payments, with funds available 24 hours after each Service is provided.
Wellness Providers can manage all Service Packages and the remaining number of Sessions by accessing the Service Packages page, which is accessible via the black icon.
Wellness Providers can view and manage all their earnings on the Analytics pages. The value of each successfully completed booking is added to the total balance, which is displayed on the pie chart. They may choose to withdraw their revenue by clicking on the ‘Cash Out’ button.
If the provider is paid at the end of each month (which is the default option), the payment charge will be between 15% to 5%, depending on the Milestone achieved. Withdrawing earnings using FlexPay incurs an additional fee of £0.50. For more information about Milestones, please refer to our Payment Terms.
B. WELLNESS PROVIDER’S RESPONSIBILITIES
It is the responsibility of each Wellness Provider to ensure that all Services published on the Amberfied Platform contain accurate and relevant information. During the Service creation process, Wellness Providers provide essential information, including total price, location, number of Sessions, Service Package expiry date, working hours, and other relevant details. We require our Wellness Providers to ensure that all information they provide on the Amberfied Platform is accurate, complete, and not misleading.
AI-generated content, content without proper permissions, and copyrighted photos are prohibited. All content must adhere to our Community Guidelines, respect intellectual property rights, and avoid prohibited material such as hate speech or explicit content. Violations may result in Wellness Provider’s account suspension or termination.
Third Party Providers must deliver Wellness Services according to the terms they set during service creation, which are displayed in the Service pack details for Users’ information. When purchasing any Service, Users agree to adhere to these Wellness Providers Terms that are detailed in Service pack details.
It is crucial for Wellness Providers to uphold high service quality, as low ratings may lead to account suspension in extreme cases. Users can view the ratings and reviews of Wellness Providers on their profile page. These ratings reflect the quality of Services provided and help Users make informed decisions.
Each Wellness Provider is responsible for setting their own prices for Services listed on Amberfied. Providers must ensure their pricing is fair and aligned with market standards. Services priced excessively low or inappropriately high may be removed and can result in the Provider’s account losing its Wellness Provider status or being permanently disabled.
Wellness Providers are responsible for obtaining a general liability insurance policy with sufficient coverage to address all risks associated with their Service performance.
C. ACCOUNT FEATURES
The features of the Amberfied Platform empower Wellness Providers to enhance their productivity, create compelling service offerings, grow their audience, and boost their earnings.
1. Profile Page
This section of the Wellness Provider Profile is accessible to anyone visiting the Amberfied Platform. Users and guest visitors of the Site can view information about Wellness Providers, including their published services, photos, ratings, reviews, and followers. Wellness Providers can see how many followers they have and view the profiles of those followers to help customise service offerings.
2. Publishing Services
Wellness Providers can publish up to 3 Services via their profile page. These services are visible to anyone who visits the Wellness Provider’s Profile or browses the Home Page or Discovery Page.
Home Page: When creating a new Service, a Wellness Provider needs to specify the District in which they accept bookings. This indicates that these Wellness Providers do not have a physical location and offer their Services to be delivered at the User’s location. After a User purchases and books their Service, Wellness Providers have to contact Users to confirm the location using the in-App messenger.
Discovery Page: When creating a new Service, a Wellness Provider must specify the exact address, which will make them visible on the map. This means that Users are required to go to the Wellness Provider’s address to receive the purchased and booked Service. To modify or change the address, Wellness Providers can do so by amending the Service offering or unpublishing and creating a new one.
When adding new Services, a Wellness Provider must include information such as category tags, detailed descriptions, total price, number of Appointments, working hours, start date, photos, and expiry date. Wellness Providers bear sole responsibility for the accuracy and completeness of the information they provide and for any amendments made to their offerings on the Amberfied Platform.
Services are required to have appropriate photos related to the Service offered, and Wellness Providers must deliver the same quality of Service as shown in the Service images. Failure to meet this standard with recurring deliveries may result in the Wellness Provider’s account losing its Wellness Provider status or being permanently disabled.
Wellness Providers acknowledge that Amberfied acts solely as a commercial agent for the distribution and publication of Service Content. However, Amberfied reserves the right to remove any Service from the Platform at its sole discretion if statements on the Service page undermine or circumvent these Terms of Service.
3. Calendar
The Calendar Page allows Wellness Providers to view and manage their clients’ Sessions and bookings made with other Wellness Providers. Wellness Providers can see past, present, and future booked Services. When a User requests a booking update after breaching the free cancellation policy, the Wellness Provider has the discretion to update the booking. Booked Service Appointments cannot be cancelled, and Wellness Providers have the right to reject requested changes. For more information, please refer to the Rebooking, Cancellations, and Refund section in the Payment Terms.
4. Clients Packages and My Packages Page
Amberfied keeps track of all purchased Service Packages, including expiry dates, allowing Wellness Providers to publish Service Package offerings containing one or more Sessions and incentivise Users to commit to multiple Service Packages. Wellness Providers can access all Packages with their credits in the Clients Packages and My Packages pages, accessible by clicking on the black icon located at the bottom right corner of the screen. The Clients Packages section allows Wellness Providers to send push notifications to Users who have purchased but not yet booked any appointments. Any remaining credits after a package expires will be forfeited, not added to revenue, and are not eligible for payouts. For additional details, please refer to the Payment Terms.
5. Analytics
The Analytics page offers Wellness Providers insights into their earnings and provides options to withdraw their earnings. By utilising the tools and insights available on this page, Wellness Providers can manage their earnings, track their progress, and optimise their performance on the Platform.
Payouts: Amberfied processes payouts to Wellness Providers on a monthly basis and offers faster, more flexible access to funds through the FlexPay option. FlexPay allows Wellness Providers to withdraw funds as often as they prefer, with additional fees applied to each transaction. Earnings are transferred to the designated bank account provided by the Wellness Providers when they click on the ‘Cash Out’ button. To prevent fraud, funds ready for withdrawal are held for 24 hours. After this period, the Payment Processor releases the funds to the designated bank account. Funds usually appear within 3 business days, depending on the country of the cardholder. Please refer to the Payment Terms for more information.
Total Earnings and Milestones: The pie chart visually represents the total revenue generated to date, giving Wellness Providers a clear view of their accumulated earnings available for withdrawal. The Analytics page also shows progress towards achieving Milestones. As a Wellness Provider’s revenue increases, Amberfied reduces the fee percentage on withdrawals. Depending on their revenue, Wellness Providers can withdraw between 85% to 95% of their accumulated amount.
Earnings History: The bottom graph, available after one month of Platform usage, displays performance insights, including the total earnings for each month.
B. SERVICES DELIVERY
While Amberfied allows Wellness Providers to publish and sell their Services on the Amberfied Platform, it is essential to adhere to Amberfied’s Community Guidelines and Terms of Service while conducting services. This ensures compliance with safety, quality, and ethical standards throughout the service delivery process.
Wellness Providers may be removed by Amberfied from the Amberfied Platform for violations of these Terms of Services and/or the Community Guidelines, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services;
- Violation of a third party’s terms of services;
- Adult oriented services, Pornographic, Inappropriate/Obscene;
- Spam, nonsense, or violent or deceptive Services;
- Services misleading to Users or others;
- Services that have nothing to do with Wellness;
- Promoting Amberfied and/or Amberfied services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners;
- Wellness Providers that are removed for violations mentioned above, may result in the suspension of the Wellness Provider’s account;
- Services that are removed for violations are not eligible to be restored or edited;
- Services may be removed from the Platform due to poor performance and/or User misconduct;
- Services containing website URLs or any other links that direct Users to external payment links are not permitted. These Services will be removed if found to be in violation of the Terms of Service and Community Guidelines.
VII. USERS
A. BASICS
To view Wellness Providers, you can access the Site as a guest. However, to make bookings through the Amberfied Platform, you need to create an Amberfied account by signing up. During the sign-up process, you will need to provide certain information, including your name, email address, and mobile telephone number, and create a password. When you find a Service that you want to book, you will be prompted to provide your payment information. We do not directly collect payment details but use a Payment Processor to facilitate payments.
Services are available for Users to purchase and book through the Amberfied Site and App. The Home Page and Discovery Page serve as the two main browsing interfaces where Users can find Wellness Providers’ Profiles and Wellness Services.
Services are offered as single bookings or as Service Packages. Each Service includes important information such as the total price, types of Services offered, expiry date, and other relevant terms. When a User purchases a Service from a Wellness Provider, they agree to accept the Wellness Provider’s Terms as described in the Service Package details specified by that Wellness Provider.
Users should refrain from requesting Services for any purpose other than the one they purchased. For further guidance, please refer to the Community Guidelines.
The Site features a two-way rating system, encouraging both the Wellness Provider and the User to uphold service quality, enhance rankings, and build trust within the Amberfied community. In extreme cases of low ratings, account suspension may occur.
Users acknowledge that Amberfied acts solely as a commercial agent for the distribution and publication of Service Content.
It is essential for Users to adhere to Amberfied’s Community Guidelines and Terms of Service while browsing, booking, and meeting with Wellness Providers, ensuring compliance with safety, quality, and ethical standards throughout the process. Any misuse or violation of these terms may result in the removal of content or suspension of the User’s account.
B. PROVIDING ACCURATE INFORMATION
1. Providing information to Amberfied
You must provide accurate and complete information to Amberfied, and keep this information up to date through the Amberfied Platform. Amberfied may verify the information that you provide, and may refuse use of the Amberfied Services or Amberfied Platform without providing reasons.
AI-generated content, content without proper permissions, and copyrighted photos are prohibited. All content must adhere to our Community Guidelines, respect intellectual property rights, and avoid prohibited material such as hate speech or explicit content. Violations may result in User’s account suspension or termination.
2. Providing any health or other relevant information to Wellness Providers
It is your (or the person receiving the Wellness Provider Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Wellness Provider that might affect or be affected by any Wellness Provider Services.
If you (or the relevant recipient of the Wellness Provider Services) fail to disclose any such information to the applicable Wellness Provider, or fail to check a Wellness Provider’s suitability (including checking with the relevant Wellness Provider), neither Amberfied nor the relevant Wellness Provider shall be liable to you (or the recipient of the Wellness Services) for any injury, loss or damages resulting from the Wellness Services that could reasonably have been avoided if you (or the recipient of the Wellness Services) had disclosed (or checked or requested) that information prior to receiving the Wellness Services.
C. YOUR RIGHTS
Users can leave a rating and review for Wellness Providers after they complete a Service with them. Our two-way rating system allows both parties to uphold service quality, improving rankings and fostering trust within the Amberfied community.
If you are a consumer, you have legal rights in relation to Services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office. Nothing in these Terms of Service will affect these legal rights.
D. USING AMBERFIED RESPONSIBLY
To make the most of your experience on Amberfied, consider the following.
Independent research: Discover Wellness Services and follow Wellness Providers that match your preferences. Explore their ratings and reviews on their profiles to gauge other Users’ experiences with their services.
Secure transactions: Ensure safe transactions by exclusively using the Payment Processor for all bookings on the Platform. Users may not offer payment to a Wellness Provider, or make payments using any method other than through the Site or App. To purchase any Service, click on a Service and at the bottom of that page click ‘Book’. If you have been asked to use an alternative payment method, please report it immediately to Customer Support.
Avoid external links: Users must exercise caution with any links contained within service descriptions; refrain from clicking on website URLs or any other links that direct users to external payment platforms. If a User encounters a Service containing inappropriate content, content unrelated to wellness, or external links, we encourage reporting such violations of Amberfied’s Terms of Service and Community Guidelines.
Review the Service details before booking: Ensure to thoroughly review any specific terms outlined by the Wellness Provider in the Service Package details section, such as cancellation policies or expiry dates. By proceeding, you are entering into a direct contract with the Wellness Provider.
Utilise In-App Messenger: To provide further details, reschedule, share your location with a Wellness Provider and ask for additional details, use the In-App Messenger to communicate directly with the Wellness Provider.
Please refer to the Payment Terms for making Payments through the Amberfied Platform.
E. ACCOUNT FEATURES
The features of the Amberfied Platform empower Users to find and connect with Wellness Providers, purchase their Services and keep track of their purchased Packages and Sessions.
1. Profile Page
In the User Profile section, Users can upload photos and view their total number of bookings, as well as ratings and reviews left by Wellness Providers they have utilised. When a User follows a Wellness Provider, they grant that provider access to their profile information, also allowing for In-App notifications from the Wellness Provider.
While using the Profile Page, Users are expected to adhere to our Terms of Services and Community Guidelines. Misuse or violation of these terms may result in the removal of content or suspension of the User’s account.
2. Home Page And Discovery Page
Amberfied enables Users to purchase and book in-person Wellness Services in their local area.
Services listed on the Home Page feature Wellness Providers who operate in specified Districts and deliver their services to Users’ chosen locations within that District. Utilising Amberfied’s In-App messenger, Users can share their location with the Wellness Provider they have booked to ensure a seamless service delivery process.
The Discovery Page lists Services that are delivered at specified locations such as gyms, fitness studios, hotels, or parks. The map on the Discovery Page shows prices of various services and links to Wellness Provider Profiles who operate in these specified locations.
Users acknowledge that Amberfied acts solely as a commercial agent for the distribution and publication of Wellness Providers and Wellness Services.
3. Calendar
The Calendar Page allows Users to view all their past, present and future booked Services. Users can update the date and time of their bookings directly through the Calendar Page. However, if a User breaches the free cancellation policy while attempting to change a booking, they will need to contact the respective Wellness Provider directly to request any changes. Booked Service Appointments cannot be cancelled, and Wellness Providers have the right to reject requested changes. For more information, please refer to the Rebooking, Cancellations and Refund section in Payment Terms.
4. My Packages Page
Amberfied keeps track of all purchased Service Packages, allowing Users to commit to multiple Services simultaneously. Upon purchasing a Service Package, Users can access all Packages and their credits in the My Packages page, accessible by clicking on the black icon located at the bottom right corner of the screen. Users bear the responsibility of monitoring their purchased packages and ensuring that all credits are utilised before their expiration date. Any remaining credits after a package expires will be forfeited and are not eligible for refunds. For additional details, please refer to the Payment Terms.
F. RESTRICTIONS ON ACCESS
Amberfied reserves the right to restrict your access to the Amberfied Services or Platform where any of the following occur:
- you have a history of many cancelled Sessions, no shows, refunds, chargebacks, or other transactions that are negative to the experience of our Wellness Providers;
- you fail any credit or fraud prevention check provided by the Amberfied Payment Services;
- we reasonably suspect fraud or money laundering by you or someone using your Amberfied Account;
- we reasonably suspect the security of your Amberfied account has been compromised;
- you behave inappropriately, abusively, or offensively towards staff of Amberfied or a Wellness Provider, whether on the phone, through email, through communications within the Amberfied Platform, in person at the place of business of a Partner or at your location, or breach our Community Guidelines;
- you breach other terms set forth in these Terms of Service, including your promises to us; or
- we believe, in our reasonable and sole discretion, that your actions are negatively affecting the quality of Amberfied Services.
VIII. USING THE AMBERFIED PLATFORM
A. SERVICE COMMUNICATION
In connection with your use of the Amberfied Services, Amberfied may send you electronic service messages. These messages may serve various purposes, including security measures (e.g., verifying your smartphone’s connection to the registered phone number) and updates related to your bookings (e.g., notifications about changes made by the Wellness Provider).
By utilising the Amberfied Services, you consent to receive automated messages from Amberfied and its Wellness Providers via the email address provided during registration on the Platform or as App notifications. You also acknowledge that these messages may contain promotional content in addition to information regarding your account and bookings. Your agreement to receive such automated messages is not mandatory for using the Service. You retain the option to opt out of receiving some or all automated messages within your account settings.
For details on how we handle your personal information and manage promotional and marketing messages, please refer to our Privacy Notice.
B. WELLNESS SERVICES LOCATIONS
The Home Page and Discovery Page serve as the primary browsing interfaces on the Amberfied Platform. Users can choose to purchase and book Wellness Services depending on whether they prefer to receive the Service at their own location or at the location of the Wellness Provider.
Home Page: Users have the option to select their District, and the Home Page will filter Wellness Providers and Wellness Services available in that specific area. Wellness Providers and Wellness Services displayed on the Home Page travel to the User’s location within the selected District. Users are responsible for ensuring that their location is within the specified District. Wellness Providers have the right to reject a booking if it is outside their operating District. In such cases, Amberfied has the right to refuse to process any refunds. If Amberfied decides to process a refund, it will incur additional fees and be recorded. Repeated violations may lead to the permanent deletion of the User’s account.
Discovery Page: Here, users can discover Wellness Providers operating from specific addresses. When a user books a Service from this page, they are required to go to the specified address to receive the booked Service. The Discovery Page showcases Wellness Provider profiles on a map and Services with exact locations are highlighted in the bottom list.
C. BOOKING WELLNESS SERVICES
The Amberfied Platform allows you to select which Wellness Services you would like to book and pay for through the Payment Processor. Please read and check all details of your selected Service and any applicable Wellness Provider Terms provided in the Service details before confirming your purchase. Service details may include information such as location, working days and hours, price, free cancellation policy, number of Appointments and expiry date.
When you buy a Service and/or book a Session, we (as a commercial agent of the Wellness Provider) will send your request to the Wellness Provider by email or In-App notification, and the direct contract will be formed when we send you a confirmation. All Wellness Provider Services shown on the Amberfied Platform are subject to availability. We reserve the right to accept or reject each Appointment on behalf of the Wellness Provider. Your confirmation serves as your receipt from Amberfied and will be sent via email to the contact information provided in your Amberfied Account or In-App notification upon confirming a Service and/or Appointment.
When you book a Service and/or make an Appointment with the exact address specified in the Service details, you will need to travel to the location of the Wellness Provider to receive the Wellness Services.
If you book a Service and/or make an Appointment with only the District specified in the Service details, you will need to contact the Wellness Provider through the In-App messenger to provide your location. It is the User’s responsibility to ensure that the provided address is within the specified District in the Service details.
The Service/Appointment will be automatically marked as complete 24 hours after the Service was delivered and funds will be released to the relevant Wellness Provider’s account. If a Wellness Provider or a User is found to be in violation of the Terms of Service and Community Guidelines and reported within a 24 hours period, we will hold funds for a longer period while investigating, and the relevant Amberfied account holder might be removed.
We encourage our Users and Wellness Providers to try to settle conflicts amongst themselves. If, for any reason, this fails or if you encounter non-permitted usage on the Site, users can contact Customer Support for assistance. For more information about disputes, Appointment cancellations, and refunds, please refer to the Payment Terms.
All Users should note that Amberfied does not guarantee the behaviour, conduct, safety, services quality, suitability or ability of either Users or Wellness Providers. Both Users and Wellness Providers agree that the entire risk arising out of their meeting and/or their use or performance of in-person Services remains solely with them, and Amberfied has no responsibility or liability related to any in-person Services provided by the Wellness Provider. In the event that the Service is performed on the Users’ premises, Users are encouraged to maintain proper insurance policies to cover their liability as the premise owner. The Terms of Service and Community Guidelines remain applicable to all Users of the Amberfied Platform.
D. REVIEWS
Amberfied employs a two-way rating system that encourages both parties to uphold service quality, enhancing rankings, and fostering trust within the Amberfied community.
Reviews can be submitted after the completion of a Service Package. Reviews cannot be submitted after individual Appointments. A User or Wellness Provider can submit a rating and review only from the account used to provide or receive the Service, respectively.
User Reviews: After each completed Service/Package, Users can rate Wellness Providers from 1 to 5 stars based on their experience. All reviews are published on the Wellness Provider’s profile page in the Reviews section and are visible to all Users and Site guests who are not registered.
Wellness Provider Reviews: After each completed Service/Package, Wellness Providers can rate Users from 1 to 5 stars based on their experience. All reviews are published on the User’s profile page in the Reviews section and are visible only to other Wellness Providers that the User chooses to follow.
Reviews will only be removed if there are clear violations of the Terms of Service and/or Community Guidelines.
E. CHARGEBACKS
Amberfied reviews cases of payment provider chargebacks and disputes on behalf of Wellness Providers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Wellness Provider’s favour. If the chargeback case allows, Amberfied (or one of Amberfied’s Payment Processors) will return parts or full revenue back to the Wellness Provider, otherwise the chargeback amount will be borne by the Wellness Provider.
IX. DISPUTES AND CANCELLATIONS
We encourage our Users and Wellness Providers to try to settle conflicts amongst themselves. If, for any reason, this fails or if you encounter non-permitted usage on the Site, Users can contact Customer Support for assistance. For more information about disputes, service cancellations and refunds, please refer to the Payment Terms.
X. DISCLAIMER
1. The Amberfied Platform and its Services are provided “as-is” and “as-available.” We do not make any warranties, express or implied, regarding the platform’s operation, availability, or the accuracy of the information provided.
2. We do not endorse, guarantee, or warrant the quality, accuracy, safety, legality, or availability of any Wellness Services offered by Wellness Providers through the Amberfied Platform. Users acknowledge and agree that any interactions with Wellness Providers and the use of their Services are at their own risk, and we are not liable for any resulting damages or losses.
3. We do not control or endorse Third Party Providers content on the Amberfied Platform, nor do we guarantee its accuracy, reliability, or completeness. Users understand the risks of relying on such content, and we are not liable for any resulting damages or losses.
4. We cannot guarantee that the Platform will be free from viruses or other harmful code. Users are responsible for implementing appropriate IT security measures, such as antivirus software, to protect their devices.
5. We reserve the right to restrict access to certain features, parts, or content of the Amberfied Platform, or the entire Platform, to registered Users at our discretion and without prior notice.
6. We cannot guarantee the continuous, uninterrupted, or error-free operation of the Amberfied Platform. There may be times when certain features, parts, or content of the Platform, or the entire Platform, become unavailable or are modified, suspended, or withdrawn by us, without notice. Users agree that we will not be liable for any such unavailability, modification, suspension, or withdrawal of the platform or its features, parts, or content.
XI. LIABILITY
Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any foreseeable loss or damage you suffer as a result. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time you accepted these Terms of Service.
You are liable for all activities conducted through your account. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence), or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
You are liable for any damage suffered by us as a result of your violation of these Terms of Services, your misuse of the Amberfied Services and Third Party Services or your violation of any laws or third party rights.
XII. INDEMNITY
In order to have access to the Services on the App/Site, you agree to indemnify and release us and our respective officers, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising out of or related to:
- your use (or misuse) of the Amberfied Services or Amberfied Platform, including any data or content transmitted or received by you;
- personal information or any other information or content that is submitted via your customer account, including without limitation misleading, false or inaccurate information;
- your breach or violation of any term of these Terms of Service or any applicable law, rule or regulation;
- your violation of any rights of any third party, including Wellness Providers;
- negligent or wilful misconduct; or
- any other party’s access and use of the Amberfied Services with your unique username, password or other appropriate security code.
XIII. ENDING THESE TERMS OF SERVICE
Amberfied shall, as soon as reasonably practicable following, and in any event within thirty (30) days of, termination of the agreement, delete (including by putting beyond practicable use) or return to the User (at the User’s direction) all personal data.
Notwithstanding the foregoing, Amberfied may retain personal data beyond the termination or expiry solely if, and for so long as, such personal data must be retained in order to comply with applicable law.
XIV. GENERAL
1. Platform Fees
Users’ use of the Amberfied Platform is free of charge. Amberfied reserves the right to introduce a fee for the use of the Amberfied Platform. If Amberfied decides to introduce such a fee, Amberfied will tell you in advance and allow you to continue or stop using the Amberfied services.
2. Assignment
You may not assign your rights under these Terms of Service without prior written approval of Amberfied.
3. Notice
Amberfied may give notice by means of a general notice on the Amberfied Platform, or by email, or post sent by regular mail. Amberfied will only accept notice by email at info@amberfied.com or by post to attention: Unit 2a, Atlantic Suites, Europort Road, Gibraltar, GX11 1AA.
4. Entire Agreement
The Terms of Service (including any referenced documents) form the entire agreement between you and Amberfied and governs your use of the Amberfied Services, superseding any prior version of these Terms of Service between you and Amberfied. Your direct contracts with Wellness Providers governs the provision of the Amberfied Services.
5. Enforcement & severability
Amberfied’s failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the other provisions of the Terms of Service remain in full force and effect.
6. Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of Gibraltar. You and we each agree that the Gibraltar courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Wellness Services via the Amberfied Platform.
7. Interpretation
Where applicable, words in these Terms of Service that are defined in the singular shall retain the same definition in the plural, and vice versa. Words in the masculine include the feminine, and vice versa.
8. Updating the service and these Terms of Service
We may update these Terms of Service and will notify you of any changes through the Amberfied Platform or via email. Your continued use of the Platform indicates your acceptance of the updated terms. Amberfied reserves the right to modify or discontinue services without notice, but any changes will not affect existing Appointments/Services.
Need help with anything?
We value your experience and strive to uphold the highest standards. If you have any feedback, questions regarding the Amberfied Platform, or wish to file a complaint regarding one of our Partners or their services, please:
- speak to the Wellness Provider yourself to try and resolve the issue;
- leave an honest review and/or rating for the Wellness Provider on the Amberfied Platform to reflect your experience; or
- email us at info@amberfied.com
If you reach out to us at info@amberfied.com, we may contact the Wellness Provider to attempt to resolve the issue. If we are unable to resolve the issue following contact with the Wellness Provider, and if we consider it to be fair in all the circumstances, then we may, at our sole discretion and always as a last resort, elect to give you a refund for the disputed / complained about amount. These refunds will be processed through the Amberfied Payment Services.
While we take all complaints about our Wellness Provider very seriously and will always do what we can to help to resolve them, we are not responsible to you for the Wellness Providers Services and are under no obligation to provide you with a refund or any other recompense if you are dissatisfied with any Wellness Providers Services.