Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions constitute a legally binding agreement between you and Amber Spoke regarding your use of our website and senior care services. By accessing our website, submitting inquiries, participating in consultations, or entering into care arrangements, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or services. You must be at least 18 years of age to enter into this agreement. By using our services, you represent that you have the legal capacity to enter into binding contracts.

2. Definitions

"Services" refers to all senior care programs offered by Amber Spoke, including Comprehensive Residential Care, Couples Residential Program, and Weekend Wellness Retreat.

"Resident" refers to any individual receiving care services at our facility.

"Family Member" or "Representative" refers to individuals authorized to act on behalf of a resident or participate in care decisions.

"Care Agreement" refers to the specific contractual arrangement entered into for the provision of care services.

"Facility" refers to the Amber Spoke residential care home located at 89 Charoen Krung Road, Bangkok.

3. Service Description and Scope

3.1 Service Offerings

Amber Spoke provides residential care services for older adults requiring daily assistance with personal care, health monitoring, and activities of daily living. Services are provided at our Bangkok facility and include accommodation, meals, personal care assistance, health coordination, and activity programming.

3.2 Service Limitations

Our services are designed for individuals who can benefit from supported residential care. We do not provide intensive medical treatment, rehabilitation therapy, or specialized dementia care requiring secure units. We are not equipped to provide care for individuals requiring constant one-on-one monitoring or those with complex medical needs requiring frequent physician intervention.

3.3 Service Availability

Services are subject to availability and appropriate match between resident needs and our capabilities. We reserve the right to decline service provision when we determine that a potential resident's needs exceed our scope of care or when we lack available accommodation.

4. Care Agreements and Admission

4.1 Agreement Formation

Admission to our facility requires execution of a written Care Agreement specifying services to be provided, fees, payment terms, and other material conditions. The Care Agreement, together with these Terms and Conditions, constitutes the complete agreement between parties.

4.2 Assessment and Evaluation

Prior to admission, we conduct an assessment to determine whether our services are appropriate for the prospective resident's needs. This assessment is based on information provided by the individual, family members, and healthcare providers. Provision of complete and accurate information during this process is essential.

4.3 Trial Periods

Weekend Wellness Retreat participants are not required to commit to longer-term care. For residential programs, either party may terminate the arrangement during the first 30 days with 7 days written notice, subject to payment for services provided.

5. Financial Terms

5.1 Fees and Payment

Monthly care fees are specified in individual Care Agreements and are payable in advance on the first day of each month. The Weekend Wellness Retreat fee is payable upon booking confirmation. All fees are stated in Thai Baht. Payment may be made by bank transfer or check.

5.2 Fee Adjustments

We reserve the right to adjust fees annually to reflect increases in operating costs. Current residents will receive 60 days written notice of any fee increases. Fees may also be adjusted if a resident's care needs increase significantly, requiring additional staffing or services.

5.3 Additional Charges

Certain services are not included in base monthly fees and will be charged separately, including external medical services, prescription medications, specialized therapies arranged outside the facility, transportation for external appointments, and personal items requested by residents.

5.4 Late Payment

Payments not received within 7 days of the due date may incur a late fee of 2% of the outstanding amount. Continued non-payment may result in termination of services subject to applicable legal requirements.

6. Resident and Family Responsibilities

6.1 Information Accuracy

Families and residents must provide complete and accurate information regarding health status, medical history, medications, care needs, and any changes in condition. Failure to disclose material information may affect our ability to provide appropriate care.

6.2 Healthcare Decision Making

Family members or legal representatives must be available for consultation regarding healthcare decisions, participate in quarterly care plan reviews, and respond to communications about significant changes in resident condition or care needs.

6.3 Respectful Conduct

Residents, families, and visitors are expected to treat staff, other residents, and guests with respect. Abusive, threatening, or violent behavior toward staff or other residents is not tolerated and may result in immediate termination of services.

6.4 Visiting Hours

Regular visiting hours are from 8:00 AM to 8:00 PM daily. Visits outside these hours may be arranged in advance for special circumstances. Visitors must respect facility policies and the needs of other residents.

7. Care Standards and Limitations

7.1 Professional Standards

We provide care according to professional standards applicable to residential care facilities in Thailand. Our staff follows established care protocols and maintains appropriate professional certifications.

7.2 No Medical Treatment Guarantee

While we coordinate with healthcare providers and manage medications, we are not a medical facility and do not provide medical treatment. We cannot provide outcomes or improvements in health conditions. Care is provided to support wellbeing and quality of life, not to treat or address medical conditions.

7.3 Emergency Situations

In medical emergencies, we will contact emergency services and notify designated family members. We are not liable for delays in emergency response by external services or for medical decisions made by emergency personnel.

8. Termination of Services

8.1 Voluntary Termination by Family

Families may terminate residential care arrangements with 30 days written notice. The weekend program has no minimum commitment. Final payment is due for all services provided through the departure date.

8.2 Termination by Amber Spoke

We may terminate services with 30 days notice if a resident's care needs exceed our capabilities, if the resident or family engages in abusive or threatening behavior, if payment obligations are not met despite notice, or if continuation of service would compromise the safety or wellbeing of the resident, other residents, or staff.

8.3 Effect of Termination

Upon termination, all outstanding fees must be paid, the resident's room must be vacated, and all personal belongings removed. We will provide copies of care records as requested for continuity of care with new providers.

9. Liability and Indemnification

9.1 Limitation of Liability

To the maximum extent permitted by Thai law, our liability for any claims arising from provision of services is limited to the amount paid for services during the three months preceding the event giving rise to the claim. We are not liable for indirect, consequential, or punitive damages.

9.2 Exclusions from Liability

We are not liable for health outcomes, decisions made by external healthcare providers, injuries resulting from resident falls despite reasonable safety measures, complications from pre-existing conditions, or losses of personal property not stored securely.

9.3 Indemnification

Families agree to indemnify Amber Spoke against claims arising from inaccurate information provided during assessment, decisions made by family members contrary to our recommendations, or actions of visitors during their time at the facility.

10. Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of Amber Spoke and is protected by Thai and international copyright laws. You may not reproduce, distribute, or create derivative works from our content without written permission.

Care plans, protocols, and other materials developed by our staff for residents remain our intellectual property, though copies may be provided to families for continuity of care purposes.

11. Privacy and Confidentiality

Protection of personal and health information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We maintain strict confidentiality of resident information subject to legal requirements and authorized disclosures specified in care agreements.

12. Dispute Resolution

12.1 Informal Resolution

In the event of any dispute or concern, we encourage families to first contact our family liaison to attempt informal resolution. Most concerns can be addressed through direct communication.

12.2 Governing Law

These Terms are governed by the laws of Thailand. Any disputes that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of Bangkok, Thailand.

12.3 Mediation

Before pursuing litigation, parties agree to attempt mediation through a mutually agreed mediator in Bangkok. Mediation costs will be shared equally unless otherwise agreed.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any executed Care Agreement and our Privacy Policy, constitute the entire agreement between parties and supersede all prior discussions or agreements.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

13.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor entity.

14. Changes to Terms

We may update these Terms periodically to reflect changes in our services or legal requirements. Material changes will be communicated to current residents and families with 30 days notice. The updated Terms will be posted on our website with a revised "Last Updated" date.

Continued use of our services after changes indicates acceptance of the updated Terms. If you do not agree to changes, you may terminate services according to the termination provisions above.