Terms & Conditions
LAST UPDATED – 30 Nov 2022
1.1 These Terms and Conditions are an agreement (“the Agreement”, “this Agreement”) between you (“you”, “your”, “the user”) and Amber Labs Pty Ltd (“Amber”, “we”, “us” and “our”) including our associated entities, directors, officers, affiliates, employees, service providers, representatives and agents (collectively “the Parties” to the Agreement).
1.2 Amber, is an Australian Company (ACN 623 875 052) registered as a Digital Currency Exchange, with AUSTRAC Registration Number DCE100575713-002. We have built a mobile application and website www.amber.app (collectively the “Amber App”) which is a platform that offers bitcoin brokerage services to customers across the globe.
2. Your consent
2.2 These Terms and Conditions may be subject to minor updates by Amber from time to time, so as to ensure that they remain current, accurate and clear. A minor update will be indicated by a change to the last updated date at the top of our Terms and Conditions page on our website .
2.3 Your continued use of our services confirms your acceptance of the Terms and Conditions as updated from time to time.
2.4 In the event of any significant material update to the Terms and Conditions, we will notify you and will request your consent to the updated Terms and Conditions.
2.5 If you do not agree with the Terms and Conditions, you may exercise your right to withhold consent. Should you not consent to the Terms and Conditions you must refrain from using the Amber App.
3. Your Account
3.1 To set up an Amber account, you will require access to a mobile phone with internet access. To use the Amber App your minimum operating system requirement is v5 for Android or v3 for iOS. Please note the Amber App functions best on the latest Android on iOS operating systems.
3.2 The Amber App is available for download from Google Play or Apple Store’s in supported Countries. You must register and open an account in the Amber App in order to use our services.
3.3 Your eligibility to register and open an account with the Amber App is dependent upon a number of criteria including:
- Your country of residence;
- Minimum age requirements;
- Valid identification documentation;
- Valid payment method; and
- Valid email and valid mobile phone number.
3.4. Your Country of Residence
3.4.1 By registering and opening an account with the Amber App, you warrant that you are a resident of your selected Country.
3.4.2 The Amber App is available for use to persons residing in the following jurisdictions by Region:
- Americas – Canada and United States of America (except the States of Connecticut, Hawaii, New York, New Hampshire, Texas, Vermont and Virginia).
- UK and Europe – Austria, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Germany, Ireland, Italy, Hungary, Latvia, Poland, Portugal, Romania, Ukraine, Moldova, Slovenia, Spain and Sweden.
- Central Asia Eastern Europe Region – Azerbaijan, Georgia and Tajikistan.
- MENA Region– Oman, Saudi Arabia and Tunisia.
- Africa – Cameroon, Comoros, Central African Republic, Comoros, Democratic Republic of the Congo, Republic of the Congo, Djibouti, Eritrea, Ethiopia, Gabon, Kenya, Mauritania, Tanzania, Sierra Leone, Somalia, Togo, Zambia and Zimbabwe.
- South and Central America Region- Chile, Costa Rica, El Salvador, Malawi, Paraguay, Uruguay, Rwanda, South Africa and Trinidad and Tabago.
- Asia Pacific Region- Australia, Bhutan, India, New Zealand, and Papua New Guinea.
3.4.3 The Parties to this agreement acknowledge that laws and regulations pertaining to bitcoin exchange services are in their infancy across jurisdictions worldwide. The Parties acknowledge that new laws and regulations may emerge from time to time.
3.4.4 If the jurisdiction of your residency enacts new laws or regulations that prohibit or restrict the offering of our service, then you acknowledge that we may not be able to continue offering our services to you, in your Country of residency. If such a situation arises, Amber undertakes to assist you with account withdrawal and/or support with self custody or transfer of assets to alternative service providers.
3.5. Minimum Age Requirements
3.5.1 You must meet the following minimum age requirement to register an active account on the Amber App:
3.5.2 If you are a resident of the United States of America, you must be at least 18 years of age, to open an account on the Amber App.
3.5.3 If you are a resident of the European Union (EU) you must be at least 16 years of age to open an account on the Amber App.
3.5.4 If you are a resident of the EU between the ages of 13 and 16 years old, you may use the Amber App once we receive parental permission. Exemptions to the requirement for parental permission apply to EU residents where your member state specifies a minimum age requirement lower than 16 years of age (but not greater than 13 years of age).
3.5.5 If you are a customer outside of the United States of America and the EU you must be at least 18 years of age to open an account on the Amber App. Exceptions apply if:
- Your local jurisdiction has a lower minimum age limit for consent to handling of personal data; or
- Your local jurisdiction has no age limit for consent to handling of personal data (eg. Australia); or
- You are at least 13 years of age and have parental consent; or
- You warrant that you have the maturity and capacity to make decisions regarding use of your personal information and we make a consideration on a case by case basis.
3.5.6 It is important to note that in order to operate an active account, the minimum age requirements must also be met with valid identification documents and a valid payment method both the same name as the account holder.
3.6. Valid Identification Documents
3.6.1 Before using our services, individuals must provide valid photo identification documents such as drivers licence, proof of age card or passport that are capable of being validated by a government approved identity validation service.
3.6.2 If you are trading through a company, trust or partnership, your entity must be domiciled in Australia and duly constituted by law. Valid company registration extracts and valid identification documents are required for all directors and all beneficial owners.
3.7. Valid Payment Method
3.7.1 A valid 3DS credit/debit card or other accepted deposit method in the name of the account holder is required to access our services. Debit cards are required to have sufficient funds available and credit cards are required to have sufficient credit available for transactions to be successful.
3.8. Valid email and valid mobile phone number
3.8.1 You must provide an email address and phone number to assist with validation and two factor authentication of your account and to assist with communications with you about account transactional matters.
4. Your responsibility for protection of your personal data
4.1 You are responsible for maintaining and protecting the security of your access PIN and login details for the Amber App. You are also responsible for maintaining security to your email, mobile phone and online bank accounts through the use of secure unique passwords, PINs or biometric security and two factor authentication.
4.2 You must never share your logon information for your Amber account with anybody else. You must never agree to open an Amber account on behalf of another person. If you are being directed by a third person to purchase and send bitcoin to an address they supply, they may be trying to steal your funds.
4.3 Bitcoin transactions are irreversible once sent. You are responsible for any unauthorised access and use of your Amber account due to your negligence.
4.4 We may decline to activate an Amber account, or we may deactivate an active account, belonging to you, if:
- you do not pass our identity verification requirements; and/or
- you do not fulfil the eligibility criteria for an active account; and/or
- we have reasonable evidence to believe you are abusing the Amber App platform; and/or
- we have reasonable evidence to believe that you continue to be negligent with protecting your account security; and/or
- the facts and circumstances surrounding your account creation exceed our risk tolerance; and/or
- we have reasonable evidence to believe it necessary, in order to limit money laundering or terrorism financing risks, fraud, criminal activity or any other breach of law.
5. Third Party Service Providers
5.1 The parties acknowledge that Amber contracts other companies (“Third Party Service Providers”) to perform functions on our behalf. Examples of Third Party Service Providers include data storage and cloud hosting, communication services, banks and financial institutions, data analytics services and payment service providers (eg. Direct Debit, New Payments Platform, PayID, Credit Card, Debit Card, Google Pay, Apple Pay, Automated Clearing House).
5.2 We share restricted access personal data in a secure manner with our Third Party Service Providers, where they have a legitimate interest for that data, in order to perform functions on our behalf.
5.3 By using the Amber App and creating an account, you authorise us, to provide our Third-Party Service Providers with your relevant personal data, under standard contractual clauses, so that they can perform functions on our behalf. We use the following Third-Party Service Providers:
5.4 Checkout is operated by Checkout Ltd and provides use with services to help you store and transmit fiat currency and exchange for bitcoin. They are regulated by the United Kingdom Financial Conduct Authority as an electronic money institution under number 900816 and have a registered office at 54 Portland Place, W1B 1DY, London. They are registered with the Information Commissioner’s Office under number ZA071209. By using the Amber App, and creating an account, you authorise us to engage this Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: Terms and Conditions – Checkout.
5.5 Wyre Payments Wyre Payments, Inc. is a registered money service business (NMLS ID: 1574869). Wyre provides us with services under authority of their Money Transmitter Licence which are held for each State within the US, that is serviced by the Amber App. By using the Amber App and creating an account, you authorise us to engage his Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: User Agreement – Sendwyre.
5.6 Plaid Inc. and its subsidiaries, including Plaid Financial Ltd. and Plaid B.V. provide us with secure payment gateway services. Plaid Financial Ltd is an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services. Plaid, B.V. is an authorised payment institution regulated by the Dutch Central Bank under the Dutch Financial Supervision Act for the provision of payment services (account information services). Plaid B.V. is included in the public register of the Dutch Central Bank (Licence number: R179714) and registered at the Dutch Chamber of Commerce (CoC number: 74716603). By using the Amber App and creating an account, you authorise us to engage this Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: End User Agreement – Plaid or End User Agreement EEA – Plaid or End User Agreement – US Plaid.
5.7 Zai, previously trading as Assembly Payments Pty. Ltd, provide us with automated payment workflows. Zai’s services in Australia are provided by Zai Australia Pty. Ltd. (ABN 96 637 632645). Zai’s cross-border payment services are provided by the Currencyfair Group. Currencyfair Limited, holding company of the Currencyfair Group, is regulated by the Central Bank of Ireland and is registered in Ireland under Company Registration Number 469391. Currencyfair Limited is a Corporate Authorised Representative (No.419450) of Currencyfair Australia Pty Ltd, regulated in Australia by the Australian Securities and Investment Commission (ASIC) (Australian Financial Service (AFS) Licence No. 402709). Currencyfair Limited is registered (FRN 522602) with the Financial Conduct Authority under the temporary permissions regime for the provision of payment services. By using the Amber App and creating an account, you authorise us to engage this Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: End User Agreement – Zai and Terms and Conditions – Zai.
5.8 Persona Persona Identities Inc. Company Number 4211921, registered in California, provides us with services for verifying your identity documents and with user monitoring infrastructure. When you undertake the account creation process in the Amber App you will be prompted to connect to Persona within the Amber App through a seamless user interface. By using the Amber App and creating an account, you authorise us to engage this Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: Terms of Service – Persona.
5.10 Pepchecker.com is operated by Pepchecker OÜ and located in Estonia. Pepchecker.com provides us with services to screen our customers against Politically Important People (PEP) and Sanctions list. In order to maintain our registration as a Digital Currency Exchange in Australia, we are obligated to screen and conduct due diligence on our customers against PEP and sanctions lists. These lists are regularly updated by the Australian Sanctions Office which is part of the Australian Government Department of Foriegn Affairs and Trade. By using the Amber App and creating an account, you authorise us to engage this Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: Terms and Conditions – Pepchecker.com.
5.11 Intercom is a global company headquartered in San Francisco that provides us with secure in-app messaging service for us to support and engage our customers. By using the Amber App and creating an account, you authorise us to engage this Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: Terms of Service – Intercom.
5.12 Hubspot is a global company headquartered in the United States that provides us with a secure Customer Relationship Management platform, enabling us to deliver targeted marketing and content information to our customers. By using the Amber App and creating an account, you authorise us to engage this Third-Party Service Provider, and provide them secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: Terms of Service – Hubspot.
5.13 Amazon Web Services Australia Pty Ltd (“AWS Australia”) is an affiliate of Amazon Web Services, Inc. which is a subsidiary of Amazon.com Inc. AWS Australia provides us with secure cloud computing platforms in servers across various jurisdictions that are managed and administered exclusively by authorised Amber personnel. By using the Amber App and creating an account, you authorise us to engage this Third-Party Service Provider, and to use their cloud platform to host secure access to your personal data. You acknowledge that you fully understand and agree with the terms set out in: Customer Agreement – AWS.
5.14 Apple App Store- When you download Amber App from Apple App store, you agree to usage rules set forth in the Apple App Store end user agreement. You acknowledge that you fully understand and agree with the terms set out in: End User Agreement – Apple App Store.
5.15 Google Play Store – When you download the Amber App from the Google Play Store, you agree to usage rules set forth in the Google Play Store end user agreement. You acknowledge that you fully understand and agree with the terms set out in: Terms of Service – Google Play Store.
5.16 Direct Debit – At our discretion, the Amber App may offer Direct Debit payment methods in your Country of residence via a Third Party Service Provider. Under your authorisation, the Amber App facilitates transactions between our direct debit Third Party Service Provider and your financial institution.
5.17 If direct debit is enabled you may set up a direct debit payment method on the Amber App, by providing our Third Party Service Provider with your bank account details as well as any other documents they require.
5.18 By setting up direct debit payments on the Amber App, you warrant that you have read, understood and agreed with any documents required by the Third Party Service Provider.
5.19 By having access to your bank account for transacting direct debits, we gain no right, title interest or property in your bank account, or the funds held within it, other than for the purposes set out in this Agreement.
6. Your Obligations
6.1 You warrant to us that you are a bona fide user of the Amber App for the purposes of purchasing, trading, investing and saving in bitcoin.
6.2 When you open an account with Amber and provide us with your identification documents, you warrant that you are who you say you are. You must not knowingly or recklessly provide Amber with false, inaccurate or incomplete information.
6.3 You may close your account with Amber at any time, following the settlement of any pending transactions or trades. You will not be charged any fees for cancelling your Account, however you must pay any outstanding amounts owed to us including transaction fees.
7. Prohibited Activities
7.1 Amber is a reporting entity under AUSTRAC, Australia’s Financial Transaction watchdog. Amber has in place an active anti-money laundering and counter terrorism financing program in place and we take our reporting obligations seriously.
7.2 You acknowledge that you are expressly prohibited from using the Amber App for one or more of the following purposes:
7.2.1 terrorism financing; and/or
7.2.2 money laundering; and/or
7.2.3 engaging in criminal activities; and/or
7.2.4 distributing proceeds of crime; and/or
7.2.5 offences against Federal, State or Territory laws, and/or
7.2.6 tax evasion.
7.3 You acknowledge that you are expressly prohibited from using the Amber App for malicious purposes, including but not limited to:
7.3.1 gaining unauthorised access to the Amber website, the Amber App or another person’s Amber account; and/or
7.3.2 obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Amber App (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses); and/or
7.3.3 reverse engineering, disassembling or otherwise attempting to construct, copy or replicate the Amber App’s source code, formulas or processes; and/or
7.3.4 interfering with the security of the Amber App or the secure and safe use of the platform for any other Amber user (including but not limited to by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directs at the platform or an Amber user); and/or
7.3.5 any purpose which is unlawful or prohibited or in a way that infringes the intellectual property rights or other rights of any person, including Amber; and/or
7.3.6 knowingly or recklessly taking advantage of a technical or technological error, glitch, bug or loophole on the Amber App; and/or
7.3.7 commercial purposes which are competitive to our business or which would otherwise be detrimental or prejudicial to Amber’s interests in any way; and/or
7.3.8 requests which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Amber App (including the Amber website) which may otherwise place an unreasonable load on the infrastructure of the Amber App; and/or
7.3.9 obtaining, transferring, storing or transferring personal data about other users of the Amber App; and/or
7.3.10 doing anything else which may interfere with or negatively affect the operation of the Amber App or other users.
8. Restricted Access and Account Termination
8.1 Amber reserves it rights to restrict access and terminate account services to you, at our complete discretion, if at any time:
8.1.1 you commit any of the activities listed in the Prohibited Activities section of this Agreement; and/or
8.1.2 your use of the Amber App is subject to a pending investigation, litigation or government proceeding; and/or
8.1.3 you fail to pay or fraudulently pay for any purchases; and/or
8.1.5 we receive a request from a trustee in bankruptcy or other official notice, law enforcement or government agency, that requires us to de-activate or freeze your account; and/or
8.1.6 our risk tolerance does not support your continued use.
9.1 In providing you with our services, Amber, at its discretion, may charge you fees which may include (but are not limited to):
9.1.1 a fee for the brokerage of bitcoin purchases on your behalf;
9.1.2 a fee for costs associated the withdrawal of bitcoin from our custody to the destination of your choice;
9.1.3 a fee for any one time purchases, recurring purchases or any other discretionary payment plans elected by you within your Amber account;
9.1.4 a fee to settle any costs associated with disputes lodged by the customer or any third party including but not limited to transaction disputes (Direct Debit, NPP, Credit/Debit Card, EFT, Google/Apple Pay, ACH);
9.1.5 a fee to cover our costs in performing due diligence for the establishment of corporate accounts;
9.1.6 any other fees which are reasonably necessary for the ongoing provision of our service and the commercial operation of the Amber App.
9.2 A fee may be charged by your mobile phone carrier for a standard text messaging/SMS rate when you provide us with a mobile phone number, for the purpose of two factor authentication account validation.
9.3 A fee may be charged and collected by your bank, financial institution or payment service provider such as your credit/debit card providers, Apple Pay and Google Pay. This fee may be collected prior to the transaction arrival in your Amber account.
10. Exchange Rates
10.1 You acknowledge that the purchase of bitcoin, brokered on your behalf will be at the exchange rate set by Amber. Due to bitcoin’s inherent volatility, and the decentralised nature of bitcoin merchants, it is natural to observe temporary bitcoin price variations which may be more or less than another bitcoin exchange at any point in time.
10.2 You acknowledge that when querying the price of bitcoin via Google search engine, you will be given results for the average global price across a daily timeframe by default. Even within a daily timeframe, the price of bitcoin will fluctuate, sometimes significantly, throughout the course of the day.
10.3 If you are uncomfortable with volatility in short term price discovery, that is inherent in an emerging market, then you should refrain from using the Amber App. You may wish to seek financial advice and consider investment in more traditional asset classes such cash, forex, equities or real estate where the market conditions are stabilised by central authorities to assist with promoting general consumer confidence.
11. Amber Black Membership Plans
11.1 Amber operates a membership service known as Amber Black that is accessible via subscription on the Amber website.
11.2 Amber offers a trial period on Amber Black membership plans. Once the trial period has elapsed we do not provide refunds on any plans (monthly or annual).
11.3 Amber Black membership plans are an ongoing service that automatically renews and requires recurring payments either monthly or annually. Amber sends out one billing reminder, prior to each billing period. Amber reserves the right to update, change or remove the billing reminders at our sole discretion.
11.4 If, at any time, you would like to cancel your Amber Black membership, please visit the account portal (https://amber.app/account-portal/) and select ‘Cancel membership’ under the Membership and Billing section of the account portal.
12. Referral Program
12.1 At its sole discretion, Amber may choose to operate the Referral Program in your Country of residence. The Referral Program is available for current active customers of the Amber App who meet the criteria for an Eligible Referrer.
12.2 Eligible Referrers
12.2.1 Eligible Referrers receive a percentage of the fees collected by Amber as a reward for each Qualified Referral. All Eligible Referrers will also receive a percentage of fees as a reward for any of their second-tier referrals.
12.2.2 Eligible Referrers are anyone who successfully enrols in the Amber Affiliate program on Amber’s website and receives an Amber Alias, which is a unique code that will be used by your friends during signup for the Amber App service.
12.2.3 Amber reserves the right, at its sole discretion, to approve or deny an application to enrol in the Amber Affiliate program to become an Eligible Referrer.
12.2.4 Eligible Referrer’s may choose to be users of the Amber App service; however, those who elect to participate in the Referral Program without being a user of the Amber App service will be required to provide their name, email address, and a BTC wallet address to receive rewards. To become an Eligible Referral, a person must be referred by an Eligible Referrer and they must also be:
- a new customer (not registered with Amber App service prior to being referred); and
- a resident of one of the Countries supported by Amber App.
13. Qualified Referral
13.1 To be deemed a Qualified Referral, all of the following criteria must be meet:
13.1.1 Eligible Referrers must invite his/her friend(s) to join Amber by providing them their Amber Alias code to insert during signup to the Amber App service.
13.1.2 The Eligible Referrer’s friend(s) must sign up to Amber by opening an account with Amber and using the Eligible Referrer’s Amber Alias during sign up. If the Eligible Referrer’s friend(s) joins Amber by any other method, including by visiting the Amber App service directly, or failing to insert the code during sign up, then such referral shall not be deemed a Qualified Referral.
13.1.3 The Eligible Referral must become a verified Amber member. To become a verified member, the Eligible Referral must provide us with personal data including full name, email address, phone number and identification documentation that are able to be successfully verified.
13.1.4 The Eligible Referral must fund his/her Amber account with the minimum deposit amount as determined by Amber from time to time.
13.2 Qualified Referrals will be eligible to receive a signup referral reward. This reward will be paid in BTC and be credited to their Amber account Bitcoin wallet. Qualified referrals will not be paid their sign up reward until after they have funded their account with the minimum deposit amount specified by Amber at the time of their sign up.
13.3 Second-Tier Referral
13.3.1 To qualify for second-tier rewards, an Eligible Referrer must firstly invite a Qualified Referral; and
13.3.2 This Qualified Referral must also sign up for the Amber Referral program and become a second-tier Eligible Referrer; and
13.3.3 This second-tier Eligible Referrer must then use their unique Amber Alias to invite new Qualified Referrals on a second-tier, thus earning Referral program rewards for themselves as well as second-tier referral rewards for the Eligible Referrer on the second-tier.
13.4 Referral Program Reward Percentages: Amber may adjust the reward percentages from time to time at its sole discretion.
13.5 Payment of Referral Rewards: Payments of rewards will occur only after the associated transactions have settled, and any payment dispute time windows have been closed. Referral Rewards shall be payable monthly in arrears. All rewards earned for participation in the Referral Program will be denominated and paid in BTC.
The Eligible Referrer warrants that:
13.6 Amber is not responsible for any costs associated with claiming or transferring rewards; and that
13.7 The Referral Program is subject to all relevant fees associated with the funding, transfer, exchange or removal of funds or value from accounts pursuant to Amber’s standard charges; and that
13.8 These Terms and Conditions, as updated from time to time shall supersede any referral program, arrangement or understandings which predate the publication of updated Terms and Conditions; and that
13.9 Violation of the Terms and Conditions may result in the disqualification of the user from the Referral Program; and that
13.10 Rewards are not exchangeable or transferable other than via the Amber service; and that
13.11 Eligible Referrers are solely responsible for assessment and reporting of any domestic tax liabilities, if any, that may result from claiming a reward in the Referral Program; and that
13.13 Decisions of Amber are in its sole discretion and final on all matters of fact, interpretation, eligibility, procedure and fulfilment in respect to the Referral Program; and that
13.14 Amber accounts are limited to one per person and any attempt to create multiple accounts for the same user or other deceptive or fraudulent activity, is strictly forbidden and will result in immediate disqualification of the user from the Referral Program; and that
13.15 Amber reserves the right at any time in its sole discretion and without notice, subject to applicable law, to withdraw or modify the Referral Program, or to modify the reward amount.
13.16 Amber, are not responsible for and shall not be liable for:
13.16.1 telephone, electronic, hardware or software, network, Internet, or computer malfunctions, failures, or difficulties of any kind, whether caused by equipment, programming, processing, human error or otherwise, or any combination thereof;
13.16.2 failed, incomplete, garbled, or delayed computer transmissions;
13.16.3 any condition caused by events beyond the control of Amber that may cause the Referral Program to be disrupted or corrupted;
13.16.4 any injuries, losses, or damages of any kind arising in connection with or as a result of the rewards, or acceptance, possession, or use of the rewards, or from participation in the Referral Program; or
13.16.5 any printing or typographical errors in any materials associated with the Referral Program.
13.17 Amber reserves the right, in its sole discretion, to suspend or cancel the Referral Program at any time if a computer virus, bug, tampering, unauthorised intervention, or other technical problem of any sort corrupts the administration, security, or proper functioning of the Referral Program.
13.18 Amber also reserves the right, in its sole discretion, to disqualify from the Referral Program any person tampering with the participation process, the operation of Amber App, or who is otherwise in violation of these Terms and Conditions.
13.19 Any attempt to damage the Amber App or undermine the legitimate operation of the Referral Program is a violation of criminal and civil laws. Should such an attempt be made, Amber reserves the right to prosecute violators to the fullest extent allowable by law.
13.20 Amber is an independent party and an agent of you in the performance of these Terms and Conditions or the Referral Program. These Terms and Conditions shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
14. Trading Bitcoin
14.1 How we broker your bitcoin price and quantity
14.1.2 We broker your trades to buy or sell bitcoin on your request. The Amber App estimates the amount of bitcoin you will acquire for a nominated amount of fiat, at the time of request.
14.1.3 We allocate the final amount of bitcoin to your account when your near real time trade has been executed through one of our liquidity partners. We will not be liable for any difference in estimated amount and final amount of bitcoin purchased.
14.1.4 Owing to our dependency on third parties, we do not warrant that the Amber App will execute all orders at the time of request.
14.2 Risks with Trading Bitcoin
14.2.1 Bitcoin is a digital asset that is unlike traditional currencies, goods or commodities. The trading and holding of bitcoin involves risks. The fiat currency value of bitcoin experiences significant losses and gains when investing in short time frames. Bitcoin trading is not insurable. You should carefully consider and assess whether trading or holding of bitcoin is suitable for you depending upon your financial circumstances, time preference, resources and risk tolerance.
14.2.2 The fiat currency value of bitcoin may experience large short term price swings depending upon the market, investor confidence, supply and demand, competing currencies, forex markets, regulatory announcements, technical issues and/or many other factors.
15. Not Financial or Investment Advice
15.1 The information provided in the Amber website and mobile application does not constitute legal, financial or investment advice and is not intended as a recommendation for buying, trading or selling bitcoin. Buying and selling of bitcoin, inherently carries a high degree of volatility. You, the user, warrant that you are aware of bitcoin’s volatility and the level of risk involved before buying or selling bitcoin.
15.2 Risks with Bitcoin Transfers
15.2.1 You acknowledge that Amber is not responsible or liable for your bitcoin assets once you transfer your bitcoin out of our custody, by sending your bitcoin to another address in the bitcoin network. Once sent, bitcoin transactions are irreversible. It is important for you to take precautions when transferring your bitcoin.
15.2.2 Amber takes no responsibility for misappropriation, theft or accidental loss of your bitcoin due to your negligence. Should you wish to take direct custody of your bitcoin, we advise you familiarise yourself with secure self custody techniques or seek advice from our friendly customer support team.
16.1 We do not warrant that the Amber App will meet your particular requirements or that it will be a suitable fit, for any particular purpose. Amber does not guarantee the quality, performance or fitness of the Amber App, nor the completeness, accuracy or currency of statements, representations and information provided by our service. To avoid doubt, all implied conditions or warranties are excluded so far as is permitted by law.
16.2 You agree to independently satisfy yourself as to the information provided through the Amber App. You agree to use the Amber App at your sole risk and at an “as is” basis.
16.3 You acknowledge that no software is never wholly free from defects, errors and bugs, and we give no warranty or representation that the software used for the Amber App will be.
Limitation of Liability
16.4 We will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense, however caused, which may arise out of, or in connection with, the use of the Amber App, including but not limited to: reliance on information contained or linked to the Amber App, reliance on transmission via the internet, reliance on software compatibility with your device and/or browser, reliance on your banking or financial institution or reliance on your telecommunication service provider.
16.5 When a cause of action arises, the total aggregate financial liability of Amber to you, whether in contract, tort or statutory liability or otherwise, is limited to:
16.5.1 the amount of legitimately acquired bitcoin, held in our custody, on your behalf; and/or
16.5.2 the amount of legitimately deposited fiat currency held in your account balance; and/or
16.5.3 the amount of legitimately purchased subscription fees, not totalling more than 12 months fees; and/or
16.5.4 the amount of legitimately acquired referral rewards as per the terms of our Referral Program.
16.6 If you are not satisfied with the Amber App, your sole and exclusive remedy is to withdraw your account balance, cease using the service and to close your account.
16.7 To the maximum extent permitted by law, Amber shall not have any liability for fines, penalties, taxes (excluding goods and services tax) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), legal costs, expenses and any loss arising from the use of the Amber App.
16.8 Some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, hence these limitations may not apply to you.
16.9 Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
16.10 The relationship of the parties to this Agreement does not form a joint venture or partnership.
16.11 No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
16.12 The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter.
16.13 At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms and Conditions shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
16.14 Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
16.15 You may not assign or transfer any of your rights under this Agreement to any other person without our prior written consent.
16.16 The provisions of clauses of this Agreement that either are expressed to survive its expiry or termination; or from their nature or context it is contemplated that they are to survive such expiry or the termination of this Agreement, will so survive.
16.17 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us.
Electronic Records and Signature
16.18 The Parties agree that, notwithstanding the use of the words “writing,” “execution,” “signed,” “signature,” or other similar words, the parties intend that the use of electronic signatures and/or ‘click-wrap’ functionality like checkboxes, ‘accept,’ ‘authorise’ and ‘allow’ buttons and the keeping of records in electronic form be granted the same legal effect, validity or enforceability as a signature made by hand using pen to paper.
Fair Use Policy
16.19 Amber reserves the right to charge appropriate membership and/or exchange fees in the event an account trades more than $200,000 (AUD) or equivalent value in a 12 month period. This policy applies to all users and may include users with a membership subscription.
16.20 You must not publish, or cause to be published, any information about Amber which is defamatory, untrue, false or otherwise inaccurate. You expressly indemnify Amber for any damages, including intangible damages such as damage to reputation, in relation to the same.
16.21 You must not publish, disseminate or otherwise cause to be accessible any content which uses the trademark of Amber, including the Amber image, text or image and text, in a form which has not been approved by Amber in writing.
16.22 The Parties acknowledge that all content remains the Intellectual Property of Amber Labs Pty Ltd, including (without limitation) any source code, analytics, insights, ideas, exercises, enhancements, feature requests, suggestions or other information provided by you with respect to the Amber App.
16.23 By using the Amber App and/or participating in the Referral Program you gain no rights to any Intellectual Property belonging to Amber Labs Pty Ltd.
16.24 You agree that you use the Amber App at your own risk. To the maximum extent permitted by law, you agree to indemnify Amber from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs which result from or relate to:
16.25 Your conduct and use of the Amber App;
16.26 Your external use of bitcoin, including any transfer of bitcoin to or from the Amber App;
16.27 Your breach of these Terms and Conditions ;
16.28 Your breach of any law, regulation or rule;
16.29 Your violation or breach of Amber’s copyright, intellectual property, trade secrets, patents, trademarks, service marks, breach of privacy, defamation or any other proprietary right under law;
16.30 Our reliance, to our detriment on the information provided to us by you; or
16.31 Any damage that you cause to the Amber App, to any Amber user or any other person or entity.
16.32 It is acknowledged that the Parties to this Agreement may become prevented in whole or in part from carrying out their obligations under these Terms and Conditions as a result of a Force Majeure.
16.33 A Force Majeure is an unintended circumstance that is beyond the control of the parties including acts of governments, acts of banking and financial institutions and acts of regulatory authorities that lead to impossibility of performance or commercial impracticability.
16.34 Such acts include but are are not limited to: de-banking without valid reason, de-registration as a digital currency exchange without valid reason, anti competitive behaviour by legacy banks, financial institutions and regulatory bodies for which there is no provisions for remedy, maladministration in the exercise of regulatory powers, political sanctions and embargoes between Australia and your home jurisdiction, refusals to grant us required licences or registrations without valid reason and the enactment of new laws, regulations, rules or guidelines that significantly restrict or terminate our ability to continue to offer you exchange services in a legal manner.
16.35 Although less likely to impact the delivery of our obligations to you, a Force Majeure may also include wars and strikes as well as ‘acts of God’ such as natural hazards and abnormal weather conditions.
16.36 While the Force Majeure is in force, the obligations which cannot be performed because of the Force Majeure will be suspended. Amber will not be liable for any delay, failure or for any detriment to you as a result of a Force Majeure event.
16.37 Amber must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.
16.38 The parties will endeavour to resolve disputes in a timely manner and by negotiation in good faith via [email protected], the Amber App support email.
16.39 Any dispute arising in connection with this Agreement which is not resolved within 30 days from written notification from the disputing party via email to [email protected], may be referred to a mediation or alternative dispute resolution service.
16.40 The party with the grievance shall be responsible to pay the costs of the mediation, unless otherwise agreed between the parties (including at the mediation).
16.41 There shall be one mediator party, the language of the mediation shall be English, the place of the mediation shall be Brisbane, Australia within normal business hours for GMT+10 time zone. The parties agree that mediation may take place via video conference.
16.42 Except for where injunctive relief is to be sought, neither party may initiate a litigation proceeding unless the mediation process is exhausted first.
17. Maintenance and Upgrades
17.1 We reserve the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Amber App from time to time.
17.2 Amber undertakes that it will not exercise this right in a manner that would intentionally cause you to lose access to content or decrease the utility of the Amber App to you, other than in accordance with this Agreement.
17.3 While we make every effort to keep the Amber App operating efficiently, we take no responsibility for, and will not be liable for, the Amber App being temporarily unavailable due to technical issues beyond our reasonable control.
17.4 You acknowledge that the Amber App is hosted by AWS, and there may be external circumstances where access to the Amber App is impacted by service disruptions from our host. In such a circumstance, we may be unable to notify you directly of service disruptions and/or outages.
17.5 Where practicable, we will notify you of any major maintenance events or changes that will impact your access to the Amber App beforehand.
18. Language & Translations
18.1 These Terms and Conditions and content displayed on the Amber App may be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission between the English text and any translated text.
19. Applicable Law and Jurisdiction
19.1 These Terms and Conditions regarding the use of the Amber App are governed by, construed and enforced according to Australian Consumer Law and in accordance with the laws of Australia.
19.2 Any dispute arising out of these Terms and Conditions, including disputes on its conclusion, binding effect, amendment and termination, which are not resolved through formal dispute resolution, shall be resolved by the ordinary Courts in Australia.
Effective as of 17 November 2022
Last updated as of 29 November 2022
Amber Labs Pty Ltd
Level 54, 111 Eagle Street
Brisbane QLD 4000, Australia
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