These Membership Terms & Conditions (“Terms”) govern your membership in and use of The Velvet Exchange, operated by Velvet Financial, Inc. (“Velvet,” “The Velvet Exchange,” “we,” “us,” or “our”).
By creating an account, purchasing or using a membership, accessing The Velvet Exchange website or application, or otherwise using our membership services (collectively, the “Services”), you agree to these Terms and our Privacy Policy.
Please read these Terms carefully. They contain important information concerning automatic renewal, cancellation, Partner Houses, limitations of liability, and dispute resolution.
The Velvet Exchange is a curated membership platform connecting members with participating beauty, wellness, personal-care, aesthetics, lifestyle, and other businesses and experiences that we refer to as “Partner Houses.”
Membership may provide access to Partner Houses, member offers, benefits, experiences, recommendations, editorial content, personalized content, and other features made available by Velvet from time to time.
Membership provides access to The Velvet Exchange ecosystem and its then-available membership experiences and benefits. Membership is not the purchase of, or entitlement to, any guaranteed dollar amount of discounts, savings, offers, products, services, appointments, experiences, or other benefits.
The nature, quantity, availability, and value of membership benefits may vary.
You must be at least 18 years old to create an account or purchase a Velvet membership.
By purchasing a membership, you represent that you are legally capable of entering into these Terms and that the information you provide to us is accurate and complete.
Memberships are intended for individual personal use only.
The Velvet Exchange currently offers the following membership options:
Annual Membership is billed at the beginning of each annual membership period and automatically renews annually until canceled.
Monthly Membership
Monthly Membership is billed at the beginning of each monthly membership period and automatically renews monthly until canceled.
Applicable taxes, if any, may be added to membership charges.
We may offer promotional pricing, introductory pricing, trials, special membership programs, or other membership options from time to time. Any additional terms applicable to such an offer will be disclosed when the offer is made.
YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT.
If you select Annual Membership, you authorize Velvet and its payment processor to automatically charge your payment method for the then-current annual membership fee at each annual renewal.
If you select Monthly Membership, you authorize Velvet and its payment processor to automatically charge your payment method for the then-current monthly membership fee at each monthly renewal.
Your membership will continue until canceled in accordance with these Terms.
Before completing your purchase, you will be provided with information regarding the applicable membership price, billing frequency, automatic-renewal terms, and cancellation method.
Where required by applicable law, we will provide additional renewal notices or disclosures.
You may cancel your membership at any time.
Cancellation stops future automatic renewals. Unless otherwise required by law or expressly stated by Velvet, cancellation does not immediately terminate access to a membership period you have already paid for.
For Monthly Membership, cancellation will generally take effect at the end of your then-current monthly billing period.
For Annual Membership, cancellation will generally take effect at the end of your then-current annual membership period.
You will continue to have access to applicable membership benefits through the end of your paid membership period unless your membership is terminated for violation of these Terms.
Members who enroll online will be provided an online method to cancel their recurring membership.
Cancellation instructions will be available through the member account or another electronic cancellation method provided by Velvet.
Except where otherwise expressly stated by Velvet or required by applicable law, membership payments are non-refundable.
We do not provide refunds or credits for:
Canceling a membership prevents the next applicable renewal charge but does not ordinarily generate a refund for the current paid membership period.
Velvet may change membership pricing from time to time.
A price change will not retroactively increase the price of a membership period that has already been paid.
Any new price applicable to an automatic renewal will be communicated in advance where required by applicable law.
If you do not wish to renew at the new price, you may cancel before the applicable renewal date.
Membership payments are processed through third-party payment processors, including Stripe.
By purchasing a membership, you authorize Velvet and its payment processor to charge your selected payment method for your initial membership purchase and subsequent recurring charges until cancellation.
You are responsible for maintaining accurate and current billing information.
Velvet does not directly store complete payment-card numbers. Payment information may be collected and processed by our payment processor subject to its own terms and privacy practices.
If a payment cannot be processed, we may attempt to process the payment again, request updated payment information, restrict membership benefits, suspend the account, or cancel the membership.
Membership is personal to the individual member.
Memberships, accounts, login credentials, offers, redemption rights, and other member benefits may not be sold, transferred, assigned, duplicated, or shared with another person unless Velvet expressly permits otherwise.
We may require reasonable verification of membership when a benefit or offer is redeemed.
Misuse or sharing of a membership may result in suspension or termination.
Partner Houses are independent businesses participating in The Velvet Exchange.
Partner Houses are not employees, agents, joint venturers, representatives, or affiliates of Velvet Financial, Inc. merely because they participate in The Velvet Exchange.
Velvet curates and provides access to Partner Houses but does not own, operate, manage, supervise, or control their businesses or the services they provide.
Partner Houses may join or leave The Velvet Exchange at any time.
Accordingly, Velvet does not guarantee that any particular Partner House will remain part of The Velvet Exchange for the duration of your membership.
Partner Houses may make special offers, benefits, promotions, experiences, or other opportunities available to Velvet members.
Offers and benefits:
Velvet does not guarantee the continued availability, monetary value, quantity, frequency, or suitability of any particular offer or benefit.
The terms displayed with a particular offer are incorporated into these Terms with respect to that offer.
The Velvet Exchange may provide links that allow members to access a Partner House’s independent website, scheduling platform, booking portal, telephone number, or other booking method.
Velvet does not book, schedule, manage, or guarantee Partner House appointments unless we expressly state otherwise.
When you leave The Velvet Exchange and use a Partner House’s booking platform or other third-party service, your interaction is directly with that Partner House or third party.
Partner Houses determine their own:
You are responsible for reviewing and complying with those policies.
Your Velvet membership fee is payment for membership in The Velvet Exchange. It does not constitute payment for products or services purchased from Partner Houses unless Velvet expressly states otherwise.
Members generally pay Partner Houses directly for services and products.
Any transaction between you and a Partner House is a separate transaction between you and that Partner House.
Velvet is not responsible for billing disputes, refunds, credits, deposits, cancellations, product returns, service charges, or other financial matters arising from a transaction directly between a member and a Partner House.
Partner Houses are solely responsible for the services, products, treatments, advice, facilities, personnel, and experiences they provide.
To the fullest extent permitted by law, Velvet is not responsible for:
Nothing in these Terms is intended to waive rights or remedies that cannot lawfully be waived.
Certain Partner Houses may offer medical aesthetics, wellness, health-related, longevity, cosmetic, or other professional services.
The Velvet Exchange is not a healthcare provider and does not provide medical advice, diagnosis, treatment, or healthcare services.
The inclusion of a Partner House, service, treatment, product, article, recommendation, or other content on The Velvet Exchange does not constitute medical advice or a determination by Velvet that a particular service or treatment is medically appropriate for you.
Members are responsible for discussing medical, aesthetic, wellness, or health-related decisions with appropriately qualified and licensed professionals.
Never disregard professional medical advice or delay seeking medical care because of content provided through The Velvet Exchange.
The Velvet Exchange is designed as a curated membership experience.
Our selection or presentation of a Partner House reflects our curation of businesses for the Velvet platform but does not constitute a warranty or guarantee regarding any particular service, treatment, product, professional, outcome, or experience.
Recommendations, editorial content, personalized suggestions, and other information provided through Velvet are for informational and discovery purposes.
Individual experiences may vary.
Velvet may use information about your interests, preferences, activity, offer engagement, Partner House interactions, and other information as described in our Privacy Policy to personalize your membership experience.
Personalization may include recommendations regarding content, Partner Houses, offers, products, services, experiences, and other membership opportunities.
By creating an account, you agree that we may send you transactional and administrative communications necessary to operate your membership, including communications concerning:
Where you separately consent to marketing communications, we may also send promotional email and/or SMS messages concerning Partner Houses, offers, editorial content, experiences, recommendations, promotions, and other Velvet news.
You may opt out of promotional communications as described in our Privacy Policy and the applicable communication.
Opting out of promotional communications does not prevent us from sending necessary transactional or administrative communications.
You agree not to:
We reserve the right to investigate suspected violations and, where appropriate, suspend, restrict, or terminate an account or membership for reasons including:
Where appropriate and legally required, we may provide notice before taking such action.
Termination for violation of these Terms does not entitle the member to a refund except where required by law.
The Velvet Exchange is an evolving membership platform.
We may add, remove, modify, replace, suspend, or discontinue features, content, Partner Houses, offers, benefits, functionality, membership experiences, or other aspects of the Services.
We do not guarantee that the Services or membership benefits available when you initially join will remain identical throughout your membership.
Material changes will be communicated where required by applicable law.
The Velvet Exchange, Velvet Financial, Velvet names, logos, branding, platform design, text, graphics, photographs, editorial content, software, features, databases, compilations, and other proprietary materials are owned by or licensed to Velvet Financial, Inc. and are protected by applicable intellectual-property laws.
Your membership provides a limited, personal, non-exclusive, non-transferable, revocable right to access and use the Services for personal purposes.
No membership grants ownership or other intellectual-property rights in Velvet materials.
The Services may contain links to websites, booking systems, payment services, social networks, and other platforms operated by third parties.
Velvet does not control and is not responsible for the content, security, availability, terms, privacy practices, or operation of independent third-party services.
Your use of a third-party service may be subject to separate terms and privacy policies.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VELVET EXCHANGE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
VELVET DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ALL TIMES, OR THAT ANY PARTICULAR PARTNER HOUSE, OFFER, BENEFIT, APPOINTMENT, PRODUCT, SERVICE, EXPERIENCE, SAVINGS, OR RESULT WILL BE AVAILABLE OR SATISFACTORY.
NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VELVET FINANCIAL, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES, MEMBERSHIP, PARTNER HOUSES, OR THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, VELVET’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A MEMBER’S MEMBERSHIP OR USE OF THE SERVICES WILL NOT EXCEED THE MEMBERSHIP FEES ACTUALLY PAID BY THAT MEMBER TO VELVET DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations do not apply to liability that cannot lawfully be limited or excluded.
To the extent permitted by applicable law, you agree to indemnify and hold harmless Velvet Financial, Inc. and its affiliates, officers, directors, employees, and agents from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of the Services, fraud, intentional misconduct, infringement of third-party rights, or material violation of these Terms.
We may update these Terms from time to time to reflect changes to the Services, membership program, business practices, legal requirements, or other circumstances.
We will update the “Last Updated” date when these Terms change.
Where required by law, we will provide advance notice of material changes and obtain additional consent when legally required.
Except where applicable consumer law requires otherwise, these Terms and disputes arising from them will be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.
Mandatory rights available to consumers under applicable state or federal law are not waived by this provision.
Before commencing formal legal proceedings, you and Velvet agree to make a good-faith effort to resolve disputes informally.
A member may submit a dispute to: [email protected]
The communication should include sufficient information for Velvet to understand the nature of the dispute and requested resolution.
The parties will have 30 days from receipt of a written dispute notice to attempt to resolve the matter informally before either party initiates arbitration or other formal proceedings, except where immediate relief is legally appropriate.
IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Except for disputes eligible for small-claims court and other matters that cannot lawfully be subject to arbitration, you and Velvet agree that disputes arising out of or relating to these Terms, your membership, or the Services will be resolved through individual binding arbitration rather than in court.
**YOU AND VELVET AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS
