Logo of Amber Golden Chain

Terms of Service

Amber Golden Chain of Restaurants’ (“Amber”) Terms and Conditions below shall apply to all orders placed through the Amber Web Ordering Site.  By placing an order through the Site, you understand and accept: (i) these Terms and Conditions including any corresponding changes which may be implemented from time to time); and (ii) Amber’s Privacy Policy

The Site and all content contained, and available therein are owned by or licensed to Amber and are protected by copyright, trademark, patent, and/or other intellectual property rights and other relevant laws. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the all of the contents in the Site. Except as expressly provided herein, Amber does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within the Site.
Amber may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to the Site, or any portion thereof; (2) change, revise, or modify the Site or any portion thereof; (3) interrupt the operation of the Site, or any portion thereof, as necessary to perform maintenance, system upgrades, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the Online Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately dispose of any content you may have in your possession. 
The Amber Web Ordering Site is available to the public on a “as is” basis. Amber makes no representations or warranties regarding the use or the provision of the Site. Amber does not warrant that the Site or any of its components will be error-free, be available at all times or free of viruses or other harmful components, or that any such defects will be corrected. Amber makes no representations or warranties that all the features and services will always be available in the Site or that the results in the use therein including the accuracy, reliability or otherwise. To the extent allowable by law, Amber disclaims all warranties of accuracy, non-infringement for any particular purpose.
Amber shall not be liable to any person for damages of any and all kinds for any direct, indirect, special, consequential, punitive or other damages (e.g. loss of profits, opportunity costs) resulting from the use or inability to use the Site and all features thereof. 
You agree to indemnify, defend, and hold harmless Amber, including all its subsidiaries and/or affiliates including any and all of its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions; and/or (2) your activities in connection with the Site its features, and all services made available through the Site.
The Site is operated and maintained by our service providers and us. We make no representation that the Site and all of its features are appropriate or available for use at other locations outside of the Philippines. You are responsible for compliance with all local laws should you access the Site from locations outside of the Philippines. The laws of the Philippines shall govern these Terms and Conditions.
You agree that Amber may, in its sole discretion and without prior notice, block and/or terminate your access to Site or to any or all of its features and services if we determine that you have violated these Terms and Conditions or rules that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Amber. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Amber takes legal action against you as a result of your violation of these Terms and Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Amber. You agree that Amber will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
In your use of the Site, you agree not to do any of the following acts:
• Modify or reverse engineer any portion of the Site;
• Use the Site, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such acts;
• Attempt to gain unauthorized access to any accounts, features, systems, or networks;
• Use the Site or any feature in a way that could disrupt, damage or impair it or its systems, servers, or networks;
• Frame or mirror any portion or feature of the Online Services;
• Use the Site or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
• Use any software, tool or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Site; (2) reproduce or circumvent the navigational structure or presentation of the Site; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use or enjoyment of the Site;
• Impair the Site from working properly such as transmitting viruses, worms, defects, including attempts to impair any security or authentication controls carried out to protect the Site;
• Submit any false, misleading, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content or information of any kind or information that may give rise to criminal or civil liability;
• Violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Amber, its Affiliates, or any other person or entity connected with Amber.

Delivery/Pick-up Area and Operating Time

Orders placed through the Site will be served by one of our stores which is located in Metro Manila/NCR or some provincial areas.  Please note that each store covers a pre-assigned and fixed delivery area which cannot be changed.  A delivery fee, which is computed based on the distance of the delivery location from the store, will be charged accordingly.   If your desired delivery location is beyond the delivery area of the store closest to it, a notification will appear informing you that the delivery location is not serviceable, and you will not be able to place your order.  Instead, we encourage you to visit the nearest store to your location.  A complete listing of all our store locations can be found on our website.

For Pick-up orders, you may be able to select a store from where you want to pick-up your order.  Please note that changing of pick-up store location will not be allowed once the order has been placed.  

Delivery and pick-up services on orders placed will be limited to or be confined within Amber store operating hours.  You may check our store operating hours in our website at www.amberfood.com.ph.

Menu of Products

Amber will make available its complete menu of products as served in its stores, with the exception of its single-serve food combination packs (including Amber’s Most Popular Combination Package, Pancit Value Package and Rice Value Package).  For orders of these food packs, you may call our delivery hotline number to place your order.

The available menu of items will be classified as follows:  Pancit/Noodle Dishes, Chicken Dishes, Pork Dishes, Beef Dishes, Fish & Seafood Dishes, Vegetable Dishes, Appetizer/Soup & Rice, and Desserts.

Please note that all products are subject to availability at the time of delivery.  If the products you ordered are not available, we may offer you a reasonable or similar substitute product with the same price.

Account Creation

You may be able to place your order by doing either one of the following:  Register to create an account or Order as guest.

• When you register to create an account, you will be required to provide your complete name, mobile number, a valid email address, and other relevant information.   A one-time pin (OTP) will be sent to the provided mobile number, and upon input of this OTP, log-in process will then follow to continue with the email verification process. A verification link will then be sent to the email address provided for confirmation. Once verification of email address is successful, you will be required to enter your delivery address(es) needed to create your account.  A strong password is required to ensure security of your account.  
• In order to successfully create an account, User should agree to the ‘Terms and Conditions’ and ‘Privacy Policy’ pages, and your agreement to these will complete your account registration process.  By creating an account, delivery details such as your name, address and contact number are automatically filled up every time you will place an order.  
• If you wish to Order as guest, you will be required to input your name, complete delivery address, telephone or mobile number and email address every time you will place an order in this manner.  The information you provide would only be used for the transaction with which the information was given.

Submission of Order

Once your order has been successfully submitted, it will be routed to a store nearest  to your location for processing and preparation of your order.  However, we reserve the right to refuse to process your order without any notification should we find any incorrect or incomplete details, or if the personal information related to your order would match with past fraudulent transactions.  Amber reserves the right to change the store assigned to fulfill your order, for any reason whatsoever.

Order Acceptance and Confirmation

For users with a registered account, and those who order as a guest, user will receive an email confirming the order.  Please note that Amber will not be held liable for any delay in the arrival of your order confirmation.

Delivery Order

Delivery orders placed through the Site will be subject to the following conditions:

• There is no minimum order amount of food purchase.
• The maximum order amount for delivery orders placed through the app is P6,000.  In case your planned order would exceed this value, this will not be accepted.  Instead, you may call the Amber delivery hotline for proper handling of your order.
• The schedule of preparation and delivery of your order will be based on your requested delivery date and time slot as indicated in the order form.  In case of further communication needed from our store, delivery rider or third-party agent to successfully process your order,  your non-response or late response to SMS or calls may result in late preparation and delivery of the order.  Hence, resulting delay in delivery will not be attributable to Amber.
• Please note that prepayment will be necessary for certain food or food combination orders.
• Please understand that any delay in delivery due to severe weather conditions, heavy vehicular traffic, unavoidable technical issues in the store and other similar circumstances is beyond our control and is not attributable to Amber.  Delivery services may also be made unavailable in cases of natural calamities, extreme inclement weather and unavoidable technical issues in the store nearest to you.
• In cases of excessive requests for items such as utensils, calamansi, sauces and similar items, please note that these are subject to the discretion of the store and availability of the items.

Pick-up Order

Pick-up orders placed through the Site will be subject to the following conditions:

• There is no minimum order amount of food purchase.
• The maximum order value for pick-up orders placed via the Site is P 6,000.  In case your planned order would exceed this value, this will not be accepted by the app.  Instead, you may call the Amber delivery hotline for proper handling of your order.
• The schedule of preparation and completion of your order will be based on your requested pick-up date and time slot as indicated in the order form.  In case of further communication needed from our store, delivery rider or third-party agent to successfully process your order, your non-response or late response to SMS or calls may result in late preparation and completion of the order.  Hence, resulting delay in your pick-up of the order will not be attributable to Amber.
• Orders can only be picked-up strictly from the store as reflected in the order, and not from any other store location.
• Should you arrive at the store more than one (1) hour late from the scheduled pick-up time, your order will be prepared and served subject to the needed preparation time, in order to ensure quality of the food.  
• If pick-up of the food has not been done yet, and a period of more than the prescribed shelf life or consumption period of the food has passed from the scheduled pick-up time, Amber will be constrained to dispose of the food and cancel the transaction.   Any prepayments for such made would be forfeited and would not be subject to a refund.   
• Customers who fail to pick-up their confirmed orders will be flagged accordingly by Amber.
• Please note that prepayment will be necessary for certain food or food combination orders.
• In cases of excessive requests for items such as utensils, calamansi, sauces and similar items, please note that these are subject to the discretion of the store and availability of the items.

Advance Order

Advance orders may be placed through the Site.  These refer to orders that are placed in advance or not less than 24 hours from the requested delivery/pick-up date and time.  However, date of order placement to requested delivery/pick-up date should not exceed a period of 30 days.

Changes to the Order/ Cancellation of Order

Any change in order details or cancellation of an order can only be made by calling Amber’s hotline number strictly within five (5) minutes from the time the order has been placed in the app and properly confirmed.  Amber, however, reserves the right to refuse any modification or cancellation in case the order has already been prepared or dispatched for delivery prior to the receipt of your request.  This policy applies to both cash and cashless transactions.

For advance orders, any change in the orders or cancellation may be made by calling Amber’s hotline number not less than 24 hours from the requested delivery/pick-up date and time of the advance order.

Payments

You may choose to pay by any of the following methods:
• Cash on Delivery or upon Pick-up at the store;

Availment of Senior Citizen/PWD Discount

As mandated by law, resident Filipino senior citizens (60 years old and above) and Persons with Disability or PWDs (with long-term physical, mental, intellectual or sensory impairment) are entitled to a twenty percent (20%) discount on food purchases for their exclusive use and enjoyment.  This will be subject to a maximum consumable amount as mandated by law.  To proceed with the discount, we will require the name  of the senior citizen or PWD, and the ID number on the senior citizen or PWD card.  Moreover, upon delivery of the food, we will require presentment of the senior citizen or PWD ID for verification.  Lastly, the senior citizen or PWD must be physically present at the time and place of the delivery. 

Refund

In case of any request for refund, you may call our delivery hotline number for proper handling and processing.  Provision of refund is not guaranteed and will be subject to the terms stated.


Account Deletion

You may be able to delete your account by going to the Accounts page and selecting the preferred action. Subsequently, should you wish to register an account once again, you may use the same email address as with the deleted account.


Limitation and Liability

You understand and agree that Amber will not be held responsible for its failure to perform any of its obligations under these terms caused by or related to any event beyond Amber’s reasonable control.  If such event occurs, Amber’s obligations under these terms will be suspended for the duration of the said event.

Amber’s data privacy policies apply to the use of the Site, and its terms are made a part of these Terms and Conditions by this reference. You agree to be bound by our data privacy policies and adhere to the contents found in the Privacy Notice in the use of the Site.


Miscellaneous

Dispute Settlement
The parties agree to use their best efforts to resolve any dispute under or in relation to this Agreement quickly and amicably to achieve timely and full performance of the terms of this Agreement. Should the parties fail to reach a settlement, the parties hereby agree that the exclusive venue for any action or cause of action, which may arise from or connected with this Agreement, shall be the proper courts of Makati City only.

Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Severability
The invalidity or unenforceability of any provision/s of this Agreement shall not in any way affect the validity and enforceability of the other provision/s of this Agreement, which shall remain in full force and effect.

Non-Waiver
No delay or failure of any Party in exercising or enforcing any of its rights or remedies whatsoever shall operate as a waiver of those rights or remedies or so as to preclude or impair the exercise or enforcement of those rights or remedies. No single or partial exercise or enforcement of any right or remedy by any Party shall preclude or impair any other or further exercise or enforcement of that right or remedy by that Party.

Contact Us
Should you have any questions regarding the aforementioned Terms and Conditions, you may contact us through the following:

Customer care hotline:  (02) 7748-8888
Customer care email:     inquiry@amber.com.ph