Introduction

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These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. Please read them as they, along with your order form will tell you everything you need to know about the terms on which we will deal with each other following your purchase. If you set up an Amba account or use any Amba product you accept these terms and conditions.

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The protection of your personal information is important to us. We respect your privacy and want you to understand what we do with the information we hold about you. We recommend that you read our Privacy Notice, which can be found at goamba.com/privacy, to understand how we collect and use your personal data and your data protection rights. 

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You can contact Amba’s data protection officer by writing to The Data Protection Officer, Amba Health and Care Limited, 71-75 Shelton Street, London WC2H 9JQ, UK. You can also contact our data protection officer at privacy@goamba.com

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Information about us and contact details

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We, us or our means Amba Health and Care Limited (trading as Amba).

Please contact us if you have any questions or complaints about any product or service.

You can do that by email at help@goamba.com or visit goamba.com. 

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Complaints

 

We take any complaint seriously and we’ll do our best to resolve the issue right away. If we need more time to investigate, we’ll let you know and keep you updated. 

 

Key exclusions and limitations

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General exclusions

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Please see the General exclusions section to find out what we are not responsible for.

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Amba and loved ones

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Amba must only be installed and used in the home of your loved one if they:

• have capacity, are able to understand that Amba will monitor their behavior and understand that the information will be shared with you and your appointed friends, family and carers; and

• freely give permission for the installation, monitoring and data sharing by Amba.

You are responsible for ensuring your loved one has capacity, understands and agrees to the separate terms for loved ones, and has freely given permission for the installation, monitoring, data collection and data sharing by Amba. You must also ensure they are aware of the limitations of Amba set out below in these terms.

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Our contract with you

 

How we will accept your order

 

Our acceptance of your order will take place when we send an email to the email address you give us to accept your order, at which point a contract will come into existence between you and us.

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If we cannot accept your order

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If we’re unable to accept your order, we’ll contact you to let you know why. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we’re unable to meet a delivery deadline you have specified.

 

Your legal rights

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We have a legal duty to supply products that comply with this contract. See below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

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Summary of your key legal rights

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This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website adviceguide.org.uk.

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Cancellation

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If you bought your Amba product directly from the Amba website, you can have certain rights of cancellation, including:

• a right to change your mind and get a refund up to 14 days after the day you receive your Amba product. 

• if we fail to deliver the product within 30 days of you placing your order, you can cancel your order and get a full refund.
   

Amba products

In relation to any products, the law requires that goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product, your legal rights entitle you to the following:

• up to 30 days: if your item is faulty, then you can get a refund;

• up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases;
   

Amba app

In respect of the Amba app, the law requires that digital content must be as described, fit for purpose and of satisfactory quality. This means that:

• if your digital content is faulty, you're entitled to a repair or a replacement;

• if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back; and

• if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
   

Amba services

In relation to any services, the law requires that services must be carried out with reasonable care and skill. This means that:

• if a service isn’t carried out properly, you can ask us to repeat or fix a service, or get some money back if we can't fix it;

• if you haven't agreed a price upfront, what you're asked to pay must be reasonable; and

• if you haven't agreed a time upfront, it must be carried out within a reasonable time

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Products 

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Requirements

To use Amba products, you’ll need in the property where the devices are being installed:

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• A domestic broadband connection with sufficient bandwidth, Wi-Fi and a spare Ethernet port connection

• An extra power socket close to the broadband router
  You’ll also need:

• An Android or iOS device with an up to date operating system, with Internet access, if you want to monitor your Amba products via the Amba app

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Product guarantee

All materials and parts purchased from us are guaranteed for one year from the date that you set them up and/or pair them with the Amba Hub. Within this one-year period, if the materials or parts develop a fault then we’ll repair or replace them free of charge.

This guarantee only applies to material we provide.

Consumer rights

This guarantee doesn’t affect your statutory rights under the Consumer Rights Act 2015 and any laws that replace it. If you want independent advice about your rights, you can speak to Citizens Advice or Trading Standards.
 

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Installation

 

Self-installation

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If you’ve bought any Amba product without installation included, you are responsible for installing it. Please see the product user guide for help on how to do this.

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We won’t be responsible, and no refund will be given for any costs, loss or damage that you do to your property or suffer which is caused by the incorrect installation of your Amba product.

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If you have bought Amba and asked us to install devices in someone else’s home, you must have that person’s permission to do so. You must also be present at that property and/or be responsible for ensuring that we can gain safe entry into that property. By buying Amba, you are promising to us that you have permission. If that person withdraws their permission, you must promptly notify us, stop using the Amba service, and arrange for the devices to be deactivated and removed.

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Services

 

General terms

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In addition to our products, we offer various services.

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Period of agreement

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Your service agreement will last for as long as you continue to make your monthly payments, you tell us you no longer want it or we cancel it. Please see the Cancellation section below for details.

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Cancellation

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You can cancel the service at any time and will stop receiving that service. If you contact our call centre to cancel your service at least ten calendar days before your next payment is due to be taken, you won’t be charged for the next month. If you cancel in the last ten days of the billing period, your service will end the month after.

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Our services are subject to withdrawal or variation at any time. Where a service is to be withdrawn, we will always try to give you prior written notice (by email) of the withdrawal and any reasons for the withdrawal.

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We reserve the right at our sole discretion to refuse a service for any customer.

 

Amba 

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Features

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Amba is a service that collects and monitors data from Amba devices installed in your loved one's home. Once installed, smart plugs will monitor the energy consumption of certain electric appliances in your loved one’s home, and contact and motion sensors will monitor movement in and around their home. The Amba devices must be correctly installed, switched on, connected to the Internet and functioning properly.

Amba will then let you check on your loved one from anywhere through the activity log in your Amba app, and you can get a notification sent to your smartphone if your loved one is not following their usual routine in the morning or if they are out of bed at night for longer than normal. You can also set up family, friends and carers within the Amba app who can check the activity log and receive notifications too.

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Limitations

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Subscription

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Amba is a subscription service, which will work for so long as your subscription is valid.

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Amba products

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• You understand that Amba’s monitoring only works with certain products, eg SmartThings Plugs, Motion Sensors and Door Sensors; Withings Sleep Mats

• When you’re using the Amba  service, the devices can only be used as monitoring devices – you can't control them or use them to control any appliances.
   

Not fault free

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• We will provide the Amba service with reasonable skill and care, however we do not guarantee that it will be fault free or that it will be available at all times.

• We use the Internet to receive data from the devices in your loved one’s home, provide the activity log and send notifications to you. From time to time there may be a lack of Internet connectivity or other external factors which stop the data from reaching us or delay updates to the activity log or the delivery of a notification.

• We will do our best to keep our infrastructure running but, even so, there may well be problems which prevent or delay updates to the app or delivery of notifications.

• We do not guarantee that the Amba service will detect all abnormal or unexpected behavior. For example:

  • The Amba devices must be kept in the same place following installation, so you and your loved one must not move them once they are installed. If they are moved, the service may not determine an activity is abnormal or unexpected, or it might generate inaccurate notifications.

  • If your loved one changes their behavior in a way which is not monitored by a Amba product, Amba Link will not be able to detect that there has been abnormal or unexpected behavior. As a consequence, you will not receive a notification.
     

Not a medical device

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• Amba is not a medical device or a professional care product. It should be used only as a form of reassurance, and it is not a substitute for other forms of care including a professional carer service. Amba is not a ‘fall detection’ service.

• We will not monitor the activity log or any notifications, so will not know if a loved one requires assistance.

• It is up to you what action you take in response to any update or notification of abnormal or unexpected activity. The notifications are just that something has been detected which seems to be different to what
  happens normally or what you expected when you set up the parameters, and are not necessarily an indication that anything bad or untoward has happened.

• Amba will not make call outs or dispatch emergency services to your or your loved one’s home in the event of any abnormal or unexpected activity being detected or in an emergency.

• We will be able to assist with technical queries relating to the devices and Amba service, but will not be able to provide medical assistance or determine whether medical assistance may be needed.
   

Loved ones

Amba must only be installed and used in the home of your loved one if they:

• have capacity, are able to understand that Amba will monitor their behavior and understand that the information will be shared with you and your appointed family, friends and carers; and

• freely give permission for the installation, monitoring and data sharing by Amba.

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You are responsible for ensuring your loved one has capacity, understands and agrees to these terms and has freely given permission for the installation, monitoring, data collection and data sharing by Amba. You must also ensure that you and they are aware of the limitations of Amba.

 

What we are not responsible for

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In addition to the General Exclusions section below, we will not be responsible for any costs, loss or damage suffered if:

• you do not ensure your loved one understands that Amba will monitor them and share the data with you;

• you do not get your loved one's permission for the installation, monitoring or data sharing by Amba;

• we fail to send you or anyone else, or you or anyone else fails to receive, a notification in relation to any Amba device;

• we fail to notify you or anyone else of any abnormal or unexpected behaviour that we did not identify from the data collected by the devices; or

• we terminate your Amba service for any of the reasons given in these terms and conditions.
   

Ending this agreement

If your loved one does not give permission for the installation and monitoring by Amba or withdraws their permission, we will terminate your Amba service with immediate effect. If, at our sole discretion, we determine that your loved one does not have capacity, does not understand or their permission was not freely given, we will terminate your Amba service with immediate effect.

Requirements

To use the service and get the activity log and notifications, you’ll need:

• To create a new Amba account if you don’t already have one and to download the Amba app

• To have the Amba devices installed in your loved one’s home

• An always-on Wi-Fi network connected to a broadband connection in your loved one’s home

• An Android or iOS smartphone with an up to date operating system to view the activity log and receive notifications via the Amba app. Please note that your smartphone will need to be switched on and have Internet access

 

Payment

 

Products

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You need to pay for your Amba products at the time you buy them. 

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Services

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After you’ve ordered a service, we’ll send you an email confirming your payment arrangement, including how much your monthly payment will be and the date payment will be taken.

If you’re an existing Amba service customer, your monthly payments for any new service will be merged with your existing monthly Amba service payment and we’ll take both payments on the same date.

 

General

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After you’ve placed your order, we’ll send you an email confirming your payment arrangement, including how much your monthly payment will be and the date payment will be taken. Please check the details in this email and contact us within ten working days on the contact details above if we’ve got anything wrong.

If you’re an existing Amba subscription customer, your monthly payments for your products will be merged with your existing monthly Amba payment, and we’ll take both payments on the same date.

We’ll take your payment from your debit or credit card on the same date each month or year (if you have bought Amba Video Playback Membership on an annual basis) as the date you place your order. Your Amba order customer reference number will be used as the reference. If there are any changes to the credit or debit arrangements, you must let us know at least ten working days in advance.

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Limitations

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Purchases of any products, packs or services are subject to a maximum value of £1,000 per customer and we reserve the right to refuse any orders that exceed this value.

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What happens if you don’t make a payment

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If your payment fails for any reason and we do not receive payment within 21 days of our second request, we can cancel your agreement and any service you have will cease. We also reserve the right to instruct a debt collection agency to recover any outstanding payments. This will mean that you will no longer have access to the activity log in your Amba app or receive any notifications.

If you have any queries about your payments, please contact us on the contact details below.

 

 

General terms

 

Personal use only

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All Amba products are sold for personal and domestic use only and must not be resold.

 

English language

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Everything we write to you – including terms and conditions – will be in English.

 

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UK law

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These terms and conditions are governed by the laws of whichever country your property is in, i.e. England and Wales or Scotland.

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Who can benefit from these terms and conditions?

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Nobody other than you can benefit from, or enforce, these terms and conditions.

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Unenforceable terms

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If any section of these terms is found to be void or unenforceable by a court, only that section will be removed, and the rest of these terms shall continue to apply as if that section were not included.

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Upgrades and updates to digital content

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You agree that we may update the software in your Amba products without telling you first. We may also update the Amba app, and we may require you to install an updated version of it. Any updates will be aimed at improving the performance of the products and the app, but we’ll make sure they continue to match the description we provided before you bought them. We won’t be responsible if an upgrade affects how your Amba products work if this is caused by your own equipment – such as your smartphone or broadband – not supporting the upgrade.

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Interference with products and services

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You must not reverse engineer, decompile, adapt or alter the object code used to provide the services or any Amba product itself, unless expressly permitted by law.

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Products may vary slightly from their pictures

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The images of the products on our website and packaging are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a product’s display of the colours accurately reflects their colour. Your product may vary slightly from those images.

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The packaging of the product may vary from that shown on images on our website.

 

Transfer of rights and obligations

 

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end your contract.

If we delay in taking steps against you in respect of any breach of these terms and conditions, that will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

Our right to make changes

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Minor changes to the products

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We may change any Amba product:

• To reflect changes in relevant laws and regulatory requirements

• To implement technical adjustments and improvements
  These changes will not affect your use of any Amba product. In addition, we may make other changes to these terms or any Amba product. If we do, we’ll contact you to let you know.
  If we need to change these terms and conditions, we will put the changes on our website at goamba.com/terms. If the changes are significant, we’ll let you know in writing.
   

Our responsibility for loss or damage

Foreseeable loss or damage caused by us

We are responsible for any loss or damage you suffer that is a foreseeable result of our failing to comply with these terms and conditions or to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if both you and we knew it might happen at the time that we accept your order for any Amba products or services, for example, if we discussed it during the sales process.

Unlawful exclusions and limitations

We don’t exclude or limit our liability where it would be unlawful to do so. This includes liability for:

• death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

• fraud or fraudulent misrepresentation;

• breach of your legal rights in relation to the products as summarised above on the first and second pages of these terms
  and conditions; and

• defective products under the Consumer Protection Act 1987.
   

Damage to your property

If we are providing services in your property, we will take reasonable care to carry out any installation without causing unnecessary damage to your property. We will make good any unnecessary damage to your property that is directly caused by our negligence while providing such services. However, the installation (including removing or dismantling existing fixtures and fittings) may cause damage and certain areas may need redecoration after the installation is finished. This is your responsibility and we won’t be liable for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
 

Pre-existing faults

We shall not be responsible for any faults or design faults that:

• were already there when your products were installed;

• existed when you first bought or installed a product or service; or

• we couldn’t reasonably have been expected to know about.
   

Damage caused by digital content

If defective digital content which we have supplied, such as the Amba app, damages any of your devices or digital content and this is caused by our failure to use reasonable care and skill, we’ll either repair the damage or pay you compensation. However, we won’t be liable for damage which you could have avoided by following our advice to apply an app update offered to you or for damage which was caused by you failing to correctly follow installation instructions or to have in place any advised minimum system requirements.

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Business losses

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We only supply Amba products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any other losses (whether direct or indirect), including penalties or fines, incurred by you as a result of such use.

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Unrelated supporting equipment

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We won’t be responsible for:

• replacing the batteries in your Amba products – this is up to you, and it is important that you follow the instructions carefully when you do so;

• the broadband internet connection to your home – if you have any issues with your broadband, you should speak to your broadband provider who will be best placed to help you; or

• providing a smartphone, computer or internet browser that is compatible with Amba products and services – see our Requirements section above. 

 

General exclusions

What we are not responsible for:
We are not responsible for any costs, loss or damage that you or anyone else suffers as a result of the following:

• you or anyone else not using any Amba products in line with our instructions, including any user guides;

• problems caused by your or anyone else’s smartphone, computer, internet browser or internet connection;

• your failure to get the appropriate permission or permissions to install an Amba product;

• having a Amba product in your home or anyone else’s home without the permission or agreement of any other persons living in that property;

• you or anyone else exceeding the permitted data limit on your or their broadband or mobile data packages;

• unauthorised use of your Amba products, for example if your smartphone or log-in details are lost or stolen. We advise you to keep your log-in details secret and to use PIN protection on your smartphone to prevent unauthorised use of your Amba system. If you believe that someone has gained unauthorised access to your Amba system, you can report this to us on our Service number above and we will do what we can to help you reset your Amba log-in details;

• you, or anyone else, hacking into, tampering with, decompiling or reverse-engineering or in any other way interfering with any Amba products or altering the radio frequency allocations of your system controls;

• use or misuse, by you or anyone else, of the data collected by a Amba product or service;

• our failure to send, or your or anyone else’s failure to receive, a notification to you or anyone else in relation to any Amba product or service;

• your or anyone else’s failure to take action as a result of receiving a notification from a Amba product or service;

• something outside our reasonable control; or

• any accidental damage to your Amba products you or someone else has caused.

We are not responsible for any death or personal injury unless it is caused by our own negligence.

Routine maintenance

The Amba website, app and services provided through these may be temporarily unavailable if we have to carry out routine or emergency maintenance. We’ll try to inform you in advance, but it may not always be possible to do so. 

Consumer rights

These exclusions don’t affect your statutory rights under the Consumer Rights Act 2015 and any laws that replace it. If you want independent advice about your rights, you can speak to Citizens Advice or Trading Standards.
 

Amba as your processor for personal data

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Even though we only supply Amba products for domestic and private use, if you use an Amba product or service in a way which makes you the controller in respect of any processing of personal data for the purpose of data protection law, you must comply with your obligations under data protection law.

If you are a controller and we are your processor, we will:

• process the personal data in accordance with all applicable data protection laws;

• process the personal data to provide you with the service as described on our website. You agree that this is your only instruction to us;

• in the unlikely event of personal data breach, notify you without undue delay;

• following written request from you, provide you with a list of our sub-processors and a way to be informed of updates to this list, and give you the right to object to any new sub-processors (which may be by no longer supplying you with the relevant services). We will respect the conditions referred to in paragraphs 2 and 4 of Article 28 of GDPR, and we will be liable for the acts and omissions of our sub-processors. We will ensure that our contract (as it relates to the processing of personal data) with each sub-processor is on terms which are substantially the same as, and in any case no less onerous than, the terms set out in this paragraph;

• keep the personal data confidential;

• take all security measures required by law;

• at your cost, taking into account the nature of the processing, and on your written request:

  • assist you by appropriate technical and organisational measures, insofar as this is possible, with the fulfilment of your obligation to respond to requests from data subjects to exercise their rights. You agree to give us sufficient notice of such requests, and to provide us with all information and co-operation that we require. Please note that, because of the security design, we cannot provide copies of any video recordings to you – you can only get these through the Amba app, and they are only available to you in line with your service plan;

  • provide reasonable assistance to you, to help you ensure compliance with your obligations relating to security of personal data and data protection impact assessment and prior consultation;

• delete all personal data when the services come to an end, unless we are required by law to keep it; and

• at your cost and following written agreement as to the details, make available to you all information necessary to demonstrate our compliance with our obligations in this paragraph, and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you.

 

Cancellation

You are entitled to cancel this agreement and request a refund.

If you bought from us directly

If you bought your Amba product directly from the Amba website you can cancel this agreement up to 14 days after the day you receive your Amba product. This is called your ‘cooling off period’. If you ask us to install your Amba product before the cooling off period ends and then cancel, we can charge you reasonable costs for any work we carried out before you confirmed your cancellation. To cancel your Amba product, you can use the wording in the cancellation form included below or email us to confirm your cancellation. Your notice of cancellation is confirmed as soon as you send it by email . Please retain proof of postage for any packages you send back to us to help avoid any disputes in the event we do not receive your package.

If you bought from a retailer

If you bought your Amba product from one of our retail partners, you should contact the store you purchased it from. Please return your product in its original box and condition along with your proof of purchase to the store that you bought it from. You must return the Amba product in accordance with the retailer’s returns policy.
 

Please see the table below for the charges that may apply if you cancel, what you need to do and whether your products will continue to work.