By electing to proceed with the Services, you hereby acknowledge that not all Services are provided by us and accordingly, we shall not be liable for any losses, damage or otherwise, from your use of such Services.
By accessing, using or attempting to use the Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms (and the terms and conditions (as applicable), which may be imposed by our Partners.
If you do not agree to the aforementioned, please do not access the Services in any way.
Tapping on our network and Partners’ expertise, AMBI provides you with a simple and convenient way to sell and purchase Digital Tokens using fiat currency (viz. credit card, debit card, bank transfer).
Engaging in the sale or purchase of Digital Tokens is highly risky and speculative, and may result in monetary losses.
Please do not use the Services if you do not understand these risks.
1. Key Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1.“External Account” means any bank account or similar accounts from which you may transfer or receive Funds , as approved by AMBI and/or our Partners for the purpose of utilising the Services, and shall where the context applies, include any debit card or credit card issued under such account, or where such account is utilised by you as settlement for any credit card.
1.2.“Funds” means Fiat Currency.
1.3.“Fiat Currency” means any national currency as supported by our Partners for the purposes of the Services.
1.4.“Account” means a user account opened on the our website, on which users may access the Services but does not include any External Account, bank account or such other supplementary accounts that a user may create and/or require that are not operated by us.
1.5. “Digital Tokens” means any encrypted digital tokens or cryptocurrencies which are based on blockchain/cryptography technology, their derivatives or such other digital assets.
1.6.“Digital Token Account” means any Digital Token address or account hosted by third parties and owned or operated by you, which shall be approved by us for the purposes of the Services.
1.7. “Partner Platform” means such approved platforms hosted by our Partners, on which your Digital Token Account is held and to which AMBI shall transfer the Digital Tokens.
2.1. The Services are not available in all markets and jurisdictions, and we reserve the right to restrict or prohibit use of the Services from certain jurisdictions (“Restricted Locations”).
2.2. By electing to proceed with the Services, you hereby represent and warrant that you:
2.3. AMBI has in place, a comprehensive anti-money laundering, countering the financing of terrorism and know your customer compliance policy (the “AML/CFT Policy”).
2.4. Pursuant to our AML/CFT Policy, we may (in our sole and absolute discretion) require identity verification and go through other screening procedures with respect to you or transactions associated with your Account (including without limitation, transactions on Partner Platforms which may have been executed by you via your Account and our Services and where applicable, your Digital Token Account).
2.5. You agree and undertake to provide us with any and all information and documents that we may from time to time request or require for the purposes of these Terms or in connection with your Account (including, but not limited to, your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Digital Token Account and External Account).
2.6. You further acknowledge that we may from time to time, request information from or provide information to our Partners, External Account providers, such other third-parties with whom we and/or you have engaged with, credit bureaus, and agencies dealing in fraud or financial crime prevention, for the purposes of providing the Services.
2.7. AMBI will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.
2.8. Further, pursuant to the AML/CFT Policy, we may carry out continuous monitoring of your Account. If any unusually large or unusual patterns of orders or any inexplicable or suspicious circumstances are observed, we may (in our sole and absolute discretion) place an administrative hold on or freeze your Account.
2.9. AMBI may also instruct Partners or such other service providers with whom you have a Digital Token Account or External Account, to hold or freeze such account, until such time we are satisfied that you have not committed any breach.
2.10. You agree that AMBI will have no liability or responsibility for any permanent or temporary inability to access or use any Services, Account, External Account and/or Digital Token Account (as applicable).
2.11. Additionally, by agreeing to these Terms you certify that you are familiar with Digital Tokens and the risks attached to them and their trading, including but not limited to the risks highlighted in the Risk Disclosure Statement, and have sought relevant professional and legal advice pertaining to the same.
3.1. You shall only be entitled to register and operate one Account under your name (per your national ID, passport or such other document).
3.2. AMBI reserves the right to close and cancel any additional Account should we find that you have registered more than one Account. In such case, you agree that AMBI shall not be liable for any loss or damage incurred by you as a result of our decision to close any of the aforementioned additional Account(s).
3.3. In order to utilise the Services, you must create an Account and provide any requested information for us to provide the Services (information may include, amongst others, details of your Digital Token Account, External Account etc. ).
3.4. When you create an Account, you agree to:
5. General Obligations
This Section 5 applies to all purchases and/or sale of Digital Tokens per the Services.
5.1. We may, at any time and in our sole discretion, refuse any order submitted via your Account, impose limits on the purchase amount permitted, or impose any other conditions or restrictions upon your use of the Services without prior notice, or if we are instructed to impose the same via our Partners.
For example, we may limit the number of Digital Tokens you wish to sell or purchase via the Services or we may restrict Services for certain locations
We will also take instructions from Partners or Digital Token Account operators as to any limitations that may be imposed on your respective accounts.
5.2. You must provide any information required when creating an Account or when prompted by us.
5.3. We reserve the right to take instructions from our Partners or External Account service providers and impose necessary account controls or limitations should we be informed that you have not provided accurate information to us, our Partners or such other third party service provider we may interact with in the provision of the Services.
6.1. You may only cancel an order initiated via the Services if such cancellation occurs before a transaction is processed.
6.2. Once your order has been processed, you may not change, withdraw or cancel your authorization for AMBI to complete such transaction.
6.3. If an order has been partially filled, you may cancel the unfilled remainder.
6.4. We may cancel your order in the following circumstances:
6.5. Notwithstanding the foregoing, we may, at our sole discretion, reverse a transaction in the case of Manifest Error or if required by any applicable law or regulation or under certain extraordinary conditions.
7.1. If you have an insufficient amount of Funds in your External Account for us to complete an order via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds made available to us, less any fees in connection with our execution of the order.
7.2. The aforementioned shall apply to a sale of Digital Tokens where we are instructed by our Partners that you do not possess sufficient Digital Tokens in your Digital Token Account (as described in Section 9 below).
8.1. It is your responsibility to determine what, if any, taxes apply to the transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.
8.2. You agree that AMBI is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transaction.
9. Compliance with all applicable laws and regulations.
You represent, warrant and undertake that you have and shall at all times comply with all applicable laws and regulations in all jurisdictions relevant to the use of Services.
10. Sufficient Funds
10.1. In order to purchase Digital Tokens , you must initiate a transfer of Funds in accordance with the payment details provided to you when an order is submitted via bank transfer, debit card or credit card. You may be required to verify that you control the External Account which you elect to use to purchase Digital Tokens.
10.2. In order to sell Digital Tokens, the amount of Digital Tokens in your Digital Token Account must sufficient to satisfy your sale order and any fees payable for such sale order, including fees payable to, the underlying blockchain protocol (i.e. gas fees), AMBI, and where applicable, Partner Platform fees.
10.3. Subject to your compliance with the aforesaid and all identity verification and other screening procedures and your satisfaction of all requirements under our AML/CFT Policy, we shall transfer the relevant Funds to your external account, less any fees charged for such transactions, the sale of your Digital Tokens to us.
10.4. AMBI is not responsible for any additional fees levied by Partners or Digital Token/External Account service providers or for the management and security of any personal or payment details which you have provided to us to the maximum extent permissible by applicable laws.
11. Rejected Transactions
11.1. In some cases, we may reject your request for the sale and/or purchase of Digital Tokens in our sole and absolute discretion and without providing any reasons to you.
11.2. You agree that you will not hold AMBI liable for any loss resulting from such rejected transactions.
12. Ownership of Digital Tokens
You hereby represent and warrant that any Digital Tokens sold to us, by way of Partner Platforms or Digital Token Account, held by you, or otherwise used by you in connection with the Services are owned by you legally and beneficially, have not been derived from any illicit activities and that all orders and transactions initiated are for your own account and not on behalf of any other person or entity.
You hereby represent and warrant that your External Account and all Funds used to purchase Digital Tokens are owned by you legally and beneficially, and have not been derived from any illicit activities.
14.1. Purchase Order. A Purchase Order is created when you enter an instruction via your Account to buy from us a specified quantity of a type of Digital Token at a price we have quoted to you (either on our website or via our Partner Platforms.) To place an order, you must have a sufficient amount of the relevant Funds in your External Account or such other account acceptable to us to cover the total value of the order plus any applicable fees.
A Purchase Order shall be deemed to be filled once you have initiated the transfer of the relevant Funds (based on the payment details provided to you) and we have received confirmation of the same.
For the avoidance of doubt, any Purchase Order that has been filled may not be cancelled by you.
Regardless, we reserve the right to cancel any Purchase Order at our sole and absolute discretion and without providing any reason to you thereof.
Once a Purchase Order has been filled and we have received the relevant Funds or confirmation proof that you have initiated the transfer of such Funds, we will transfer the relevant Digital Tokens from our digital wallet held with Partner Platforms, into the Digital Token Account designated in your Purchase Order.
In the event that any transfer of Funds from your External Account fails for any reason whatsoever, we reserve the right to instruct our Partners to initiate the return of the Digital Tokens and/or invoice you/your External Account for any fees that we may incur due to the aforesaid.
14.2. Sale Orders. A Sale Order is created when you enter an instruction via your Digital Token Account or on Partner Platforms for the sale of your Digital Tokens held therein.
Any Sale Order shall be subject to the terms and conditions set out on Partner Platforms , Digital Token Account provider and these Terms.
To place a Sale Order, you must have a sufficient amount of the relevant Digital Tokens (plus gas fees) in your Digital Token Account.
Once a Sale Order has been initiated, we will provide you with a quotation of the price which we will purchase your Digital Tokens (and the corresponding time frame within which you shall accept such quotation). We shall not be obliged to provide you with a similar or such other favourable quotation once the aforementioned acceptance period has lapsed.
Upon your acceptance of our sale quotation, you shall transfer the Digital Tokens from your Digital Token Account to the designated digital wallet (as indicated in our confirmation of the sale Order).
All Sale Orders, once confirmed by you, are binding and may not be cancelled by you.
Notwithstanding the foregoing, AMBI reserves the right to cancel any Sale Order due to any prevailing market situation or factors at the point of the Sale Order that may affect such Sale Order. These factors include without limitation, any blockchain network event or such other event that may result in extreme volatility and/or network congestion in relation to the underlying Digital Tokens that you wish to sell pursuant to a Sale Order.
Kindly refer to the risks set out herein as well as the issues highlighted hereto pertaining to market volatility.
Upon the successful receipt of the Digital Tokens as aforementioned, we shall initiate a transfer the agreed fiat amount into your External Account.
For the avoidance of doubt, you shall be liable for any fees (including gas fees) and transfer fees that may be incurred for the purpose of a Sale Order.
By electing to proceed with any Purchase Order or Sale Order, you represent and warrant that you are agreeable to any quotations provided by us to you and that have done your own due diligence as to the relevant market prices from third party sources.
15. Market Volatility
15.1. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any particular, or one or more Digital Tokens, the actual market rate at which an order is executed may be different from the prevailing rate quoted your order.
15.2. You understand that we are not liable for any such price fluctuations.
15.3. In the event of a market disruption or Force Majeure event (as defined in herein), we reserve the right to do one or more of the following:
(a) suspend access to the Services; or
(b) prevent you from completing any actions via the Services, including closing any open positions.
Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
16. Order Fulfilment
Subject to the terms and conditions in these Terms, we will use commercially reasonable efforts to fulfil all orders initiated.
17.1. A Manifest Error is an error or omission, which by fault of you or us or any user or third party or due to any disruptions, errors, distortions or delays, is materially and clearly incorrect when taking into account market conditions, rates and prices which prevailed at that time. It may include, but is not limited to, an incorrect price, date, time, Digital Token liquidity, fee, or any error or lack of clarity of any information or source.
17.2. If an order or transfer is based on a Manifest Error (regardless of whether you or we or any other user gains from the error) and/or executed and/or settled on the basis of Manifest Error, AMBI may (but is not obliged to), at its option and sole discretion, act reasonably and in good faith to:
(a) correct, reverse or cancel any order or transfer;
(b) void an order as if it had never taken place; and/or
(c) amend an order so that its terms are the same as the order which would have been executed if there had been no Manifest Error.
We will exercise the foregoing rights as soon as reasonably practicable after we become aware of the Manifest Error.
17.3. To the extent practicable we will give you prior notice of any action we take under this clause but if this is not practicable we will give you notice as soon as practicable afterwards. If you consider that an order or transfer is based on a Manifest Error, then you must notify us immediately.
17.4. We will consider in good faith whether it is appropriate to take any action taking into account all the information relating to the situation.
17.5. In this regard, you hereby authorize AMBI to attempt and/or perform any such correction, reversal, cancellation, voiding or amendment described in this section, and/or to instruct our Partners in relation to the same.
17.6. AMBI provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for the Manifest Error or the making or failure of any correction attempt, except if caused by the gross negligence, wilful default or fraud of AMBI.
17.7. You accept that there is a risk that you may be prejudiced by any action or omission and acknowledge that you have no recourse whatsoever against AMBI
18. Independent Relationship
18.1. You acknowledge and agree that:
(a) AMBI is not holding monies and/or Funds as your trustee, and is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and
(b) no communication or information provided to you by us shall be considered or construed as investment advice.
18.2. We shall not give advice to you on the merits of any Digital Token and shall deal with you on an execution-only basis.
18.3. None of our employees or staff are authorised by us to give you investment advice. Accordingly, you should not regard any proposed purchases, suggested trading strategies or other written or oral communications from us as investment recommendations or advice or as expressing our view as to whether a particular Digital Token is suitable for you or meets your financial objectives.
18.4. You must rely on your own judgement for any decision you make in relation to your Account and the sale/purchase of Digital Tokens.
18.5. If you require investment or tax advice, please contact an independent investment or tax adviser. In this regard, you acknowledge and agree that you have made your own independent analysis and decision when making a purchase order and such order has been made without reliance upon any views, representations (whether written or oral), advice, recommendation, information or other statement by us.
19.1. AMBI neither represents nor warrants that it provides or shall provide at any time, any custodial services for Digital Tokens or Funds, whether held in your Digital Token Account, External Account, Partner Platforms or any other accounts which you may utilise to hold your Digital Tokens and/or Funds.
19.2. AMBI will not possess or hold your Digital Tokens or Funds on your behalf.
19.3. You hereby acknowledge your understanding that your Account merely allows you to execute and track your usage of, Services and is not inclusive of your Digital Token Account or External Account.
19.4. You further acknowledge that AMBI shall not be liable for any loss of Digital Tokens or Funds or that may be held in your Digital Token Accounts or on Partner Platforms.
Please refer to the Risk Disclosure Statement .
21.1. You agree to pay AMBI the fees that may be required to be paid and which shall be specified from time to time on our website or at the point an order is made.
21.2. We retain the sole and absolute discretion to update the fees at any time. Any updated fees will apply to orders that occur after the effective time of the updated fees.
21.3. You authorize AMBI to instruct our Partners or your External Account service provider to deduct any applicable fees that you owe under these Terms.
22.1. In addition to the Fees set out under section 21, your External Account provider and/or our Partners may impose fees in connection with your use of your designated External Account, Digital Token Account, Partner Platforms or such other services they may provide which are ancillary to the Services .
22.2. Any fees imposed by your External Account provider and/or Partners will not be subject to their respective terms and conditions. You are solely responsible for paying any fees imposed by our Partners or your External Account provider.
23. Electronic Notices
23.1. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that AMBI provides in connection with your Account and/or use of the Services.
23.2. You agree that AMBI may provide Communications to you by posting them via the Services, by emailing them to you at the email address you provide, or by publishing them on our website (in this regard, you shall be liable for keeping yourself up to date on all developments and undertake to keep yourself up to date).
23.3. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
23.4. You may also contact us through support to request additional electronic copies of Communications or, for a fee, paper copies of Communications.
23.5. It is your responsibility to keep your email address and personal details on file with us up to date so that we can communicate with you.
23.6 You acknowledge and agree that if we send you an electronic Communication but you do not receive it because your personal details on file are incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you and will not be responsible for your failure to adhere to any new conditions and/or notices provided to you.
23.7 Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add AMBI to your email address book so that you will be able to receive the Communications we send to you.
In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file which you would have provided upon the registration of your Accountand have sufficient storage space to save past Communications or an installed printer to print them.
25. Withdrawal of Consent.
You may withdraw your consent to receive electronic Communications by contacting us. If you decline or withdraw consent to receive electronic Communications, we reserve the right to suspend or terminate your use of the Services.
26. Requesting Paper Copies
26.1 If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting us. In order for us to send paper copies to you, you must have a current street address on file.
26.2 Please note that AMBI operates exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you understand and agree that we may charge you a processing fee, for each page of Communication requested.
27. Updating Contact Information
27.1 You can update your personal details at any time by logging into your Account or by contacting us.
27.2 If your email address becomes invalid such that electronic Communications sent to you is returned, we may deem your Account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address from you.
1. If AMBI receives notice that any Digital Tokens held in your Digital Token Account or Funds held in your External Account are alleged to have been stolen or otherwise are not lawfully possessed by you, we may, but are under no obligation to, place or instruct our Partners/your External Account provider to place an administrative hold on or freeze, the affected Digital Tokens in your Digital Token Account, the Funds received for the purposes of a purchase order, your Account, or where applicable, your External Account.
28.2. If an administrative hold is placed on some or all of your Digital Tokens or Funds, we may instruct our Partners and/or the relevant third parties to continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to has been provided in a form acceptable to us, our Partners and/or relevant third parties.
28.3. Please note that AMBI will not involve itself in any such dispute or the resolution of the dispute and you agree that AMBI will have no liability or responsibility for any losses, damages or prejudice arising from or in connection with your inability to withdraw Digital Tokens or receive a refund for your Funds, during the period of any administrative hold.
29. Acceptable Use
When accessing or using the ervices, you agree that you will not violate any law or any contractual, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
(a) Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services or bring disrepute to our Services in any manner;
(b) Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Digital Token); money-laundering; or terrorist activities; or other illegal activities;
(c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
(d) Use or attempt to use another user’s account without authorization;
(e) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
(f) Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
(g) Develop any third-party applications that interact with our Services without our prior written consent;
(h) Provide false, inaccurate, or misleading information;
(i) Encourage or induce any third party to engage in any of the activities prohibited under this section.
30.1. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”).
30.2. Any Feedback you submit is non-confidential and shall become the sole property of AMBI.
30.3. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
30.4. You waive any rights you may have to the Feedback (including any copyrights).
30.5. Please do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
30.6. Further, you acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
30.7. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our website.
31. Copyrights and Other Intellectual Property Rights
31.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of AMBI or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
31.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Materials for your personal use. Such license is subject to these Terms and does not permit:
(a) any resale of the Materials;
(b) the distribution, public performance or public display of any Materials;
(c) modifying or otherwise making any derivative uses of the Materials, or any portion thereof; or
(d) any use of the Materials other than for their intended purposes.
The license granted under this section will automatically terminate if we suspend or terminate your access to the Services.
32.1. Prior to or at the point of utilising the Services, you shall separately read and sign User Agreements, Terms and Conditions, Privacy Policies, etc. with our Partners and the service provides with whom you hold External Accounts/Digital Token Accounts, that you intend to use for the purposes of the Services (as applicable).
32.2. By proceeding with our Services, you hereby represent and warrant that you have read all terms, rules and policies imposed by our Partners and such other relevant third parties (with whom you hold External Accounts/Digital Tokens) and agree to be bound by the same.
33.1. In the event of any Force Majeure Event breach of these Terms or any laws or regulations, or any other event that would make provision of the Services commercially unreasonable for AMBI, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services and/or as may be required by applicable laws, file a suspicious transaction report with the relevant authorities or otherwise report or inform the relevant authorities or take any other steps to protect our interests as we deems appropriate.
33.2. We may also terminate your access to the A Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
33.3. In the event of discontinuation of all Services or termination of your access to the Services or deletion or deactivation of your Account:
33.4. We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
34. Discontinuation of Services
34.1. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of our Services, which may include prohibiting use of the Services in or from certain jurisdictions.
34.2. Unless we notifies you or makes a public statement to the contrary, AMBI does not support digital wallets or any platforms that are not provided by our Partners and shall have no responsibility or liability whatsoever for any losses or damages any order executed by you with said digital wallets and/or platforms.
35. Disclaimer of Warranties
35.1. Except as expressly provided to the contrary in a writing by us, our services are provided on an “As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein, to the fullest extent permitted by applicable laws.
35.2. You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party Distributed Denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
35.3 Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
36. Limitation of Liability
36.1. Except as otherwise required by law, in no event shall AMBI, our directors, officers, members, employees, agents or contractors be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our Services or the Materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from AMBI or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft of, destruction of or unauthorized access to our records, programs or services.
36.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
36.3. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of AMBI) (including our directors, officers, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use the Services, or to these Terms exceed the fees paid by you to AMBI during the 12 months immediately preceding the date of any claim giving rise to such liability.
36.4. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Tokens/Funds that you are due and/or woed. We are not responsible for ensuring that our Partners will complete an order or transaction or is authorised to do so.
36.5. If you experience a problem or if you have a dispute with our Partners, you should resolve the dispute directly with our Partners.
You agree to defend, indemnify and hold harmless AMBI (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to:-
(a) your use of, or conduct in connection with, our Services;
(b) any Feedback you provide;
(c) your violation of these Terms or any agreement incorporated by reference in these Terms; and/or (d) your violation of any rights of any other person or entity or of any laws and regulations including but not limited to anti-money laundering and countering the financing of terrorism laws and regulations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
38. Applicable Law and Disputes Resolution
38.1. Please read the following paragraph carefully because it requires you to settle disputes with us and it limits the manner in which you can seek relief.
38.2. You agree to notify us in writing of any dispute within thirty (30) days of when it arises. Notice to AMBI shall be sent to the respective contact details on our website.
38.3. You further agree that you and AMBI shall spend not less than three (3) months on full communication, consultation or mediation before a dispute in question is submitted for arbitration. If no settlement can be reached through consultation, the arbitration shall be submitted to the Hong Kong International Arbitration Centre.
38.4. These Terms shall be governed by and construed in accordance with the laws of Swizerland. This arbitration agreement is subject to the laws of the Hong Kong Administrative Region of People’s Republic of China.
39.1. Entire Agreement;
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.
These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with AMBI.
In the event of any conflict between these Terms and any other agreement you may have with AMBI, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
39.2. Third Party Rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of our website and/or by posting the amended Terms via the applicable websites and mobile applications and updating the “Last Updated” date at the top of these Terms.
The amended Terms will be deemed effective immediately upon us updating you on the same or such other time as we may indicate to you.
Any amended Terms will apply prospectively to use of the Services after such changes become effective in accordance with these Terms.
If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
39.6. Force Majeure Events
AMBI shall not be liable for (1) any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under these Terms; (2) any loss or damage in any and all cases arising from any event beyond our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of Digital Tokens, the Services, Accounts, Partner Platforms, Digital Token Accounts, External Accounts or equipment or software malfunction or any other cause beyond our reasonable control (each, a “Force Majeure Event”).
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent us, including by operation of law or in connection with any change of control.
We may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
39.9. Governing language and translations
Sections 2 (Eligibility), Section 3 (Account), Section 8 (Risk Disclosure), Section 9 (Fees), Section 11 (Unclaimed Property), Section 30 (Feedback), Section 31 (Copyrights and other Intellectual Property Rights), Section 35 (Disclaimer of Warranties), Section 36 (Limitation of Liability); Section 37 (Indemnity), Section 38 (Applicable Law; Arbitration) and this Section 39 (Miscellaneous) shall survive any termination or expiration of these Terms.
Users acknowledge and agree that no transaction through the Services is free from the following risks, and AMBI cannot and does not have the obligation to be responsible for the following risks:
Therefore, the Users should carefully assess their financial situation and various risks before making any decision on investment in or transaction of digital assets. The Users shall bear any and all losses arising from their decision, and neither AMBI nor its Partners shall bear any responsibility for Users’ investment decisions.
In view of the risks arising from digital asset investment or transaction, if a User has any doubts as to such investment or transactions, the User should seek the assistance of professional consultants prior to transaction or investment.
Neither AMBI nor its Partners provide any guarantee or condition to any User and/or any transaction, whether express, implied or statutory. AMBI cannot and does not attempt to control the information released to Users by project owners.
AMBI does not undertake any form of certification and authentication services for such information.
AMBI does not make any express or implied guarantee for its Users to use the Services, including but not limited to the applicability, absence of errors or omissions, continuity, accuracy, reliability and suitability for a particular purpose. Furthermore, AMBI does not make any undertaking and guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technologies and information involved in the services provided by oue Partners.
Whether to use the Services (or Partner Platforms) is the personal decision of individual Users, who shall exclusively bear any and all risks and possible losses that may arise from such decision.
AMBI does not make any express or implied guarantee in connection with the market, value and price of Digital Tokens. The Users know and understand the instability of the Digital Token market. The price and value of Digital Tokens may fluctuate significantly or collapse at any time. Engaging in any transaction pertaining to Digital Tokens is the sole andfree choice and decision by individual Users, who shall exclusively bear the risks and possible losses that may arise.
This Terms and Risk Disclosure Statement do not reveal all the risks and market situations that the Users may be subject to when they engage in Services or any transactions on Partner Platforms.
Before making a decision relating to the Services, the Users should fully understand the relevant digital assets, adopt a cautious approach to decision-making based on their own transaction objectives, risk tolerance capacity and asset status, and assume all risks exclusively on their own.