These Terms govern access to and use of the AMLTranche platform.
Provider: Virya Technology Pty Ltd (ABN 90 670 925 238), trading as AMLTranche.
1.1Platform services. These Terms govern the Customer's access to and use of the AMLTranche platform, related software, documentation, standard support, integrations and any AI-assisted features made available by AMLTranche (together, the Platform). AMLTranche provides a software platform for customer onboarding, identity verification, business verification, screening, AML/CTF workflow management and record keeping. AMLTranche provides technology and workflow tools only; customers remain responsible for their own compliance decisions and legal obligations.
1.2Provider. AMLTranche is operated by Virya Technology Pty Ltd (ABN 90 670 925 238), trading as AMLTranche (AMLTranche, we, us or our).
1.3Acceptance. By accepting a proposal from AMLTranche, creating an account, clicking acceptance, accessing or using the Platform, or continuing to use the Platform after notice of an updated version under clause 20, the Customer agrees to these Terms.
1.4Authority. If an individual accepts these Terms on behalf of an organisation, that individual represents and warrants that they have authority to bind that organisation. In that case, Customer means that organisation.
1.5Non-excludable rights. Nothing in these Terms excludes, restricts or modifies any right or remedy the Customer has under the Australian Consumer Law or any other law that cannot be excluded by agreement.
In these Terms:
3.1Agreement documents. The agreement between AMLTranche and the Customer consists of:
3.2Order of precedence. If there is an inconsistency, the documents apply in the order listed in clause 3.1. However, the Privacy Policy prevails to the extent it addresses AMLTranche's handling of personal information in its capacity as an APP entity.
4.1Access right. Subject to the Customer paying applicable fees and complying with these Terms, AMLTranche grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right for its Authorised Users to access and use the Platform during the Subscription Term for the Customer's internal business purposes. A Customer may operate the Platform for a related entity only where its Plan or Accepted Proposal expressly permits a reporting-group arrangement. The Customer remains responsible for that related entity's use as if it were the Customer's own use.
4.2Restrictions. The Customer must not:
5.1Individual accounts. The Customer must appoint at least one account administrator and ensure each Authorised User has an individual account. Shared credentials are not permitted.
5.2Customer responsibilities. The Customer is responsible for:
5.3Protective action. AMLTranche may suspend an account or require a credential reset where reasonably necessary to protect the Platform, Customer Data or other users.
5.4Responsibility for use. Every act or omission of an Authorised User is treated as the act or omission of the Customer. The Customer is also responsible for use of its credentials unless it has promptly notified AMLTranche of suspected unauthorised use and complied with clause 5.2.
5.5AMLTranche access. AMLTranche personnel may access Customer Data where necessary to provide support requested by the Customer, operate and secure the Platform, investigate a security incident or comply with law. That access is subject to clauses 8, 9 and 12.
6.1Purpose of the Platform. AMLTranche provides software, workflow, record-management, screening-integration and guidance tools intended to assist customers with aspects of AML/CTF compliance activities.
6.2No professional or regulatory role. AMLTranche is not a law firm, financial adviser, tax adviser, AML/CTF compliance consultancy, outsourced AML/CTF compliance officer, reporting entity, governing body, senior manager, agent or representative of the Customer merely because the Customer uses the Platform.
6.3No professional advice. The Platform provides general information and workflow support only. It does not provide legal, financial, tax, regulatory or professional advice and must not be relied on as a substitute for professional advice or the Customer's review of applicable legislation, AML/CTF Rules, AUSTRAC guidance and internal policies.
6.4No AUSTRAC endorsement. AMLTranche is not endorsed, accredited or approved by AUSTRAC unless AMLTranche expressly states otherwise in writing.
6.5Customer review. Templates, suggested content, configurable workflows, risk-assessment methodologies, risk ratings, reminders and deadline calculations available through the Platform are tools for the Customer's use. AMLTranche does not warrant that they reflect the current state of the law or are suitable for the Customer's business. The Customer must review, adapt and approve them before relying on them.
6.6Support communications. Communications from AMLTranche support personnel describe how the Platform behaves. They are not legal, regulatory or compliance advice, and the Customer must not treat them as such.
7.1General responsibility. The Customer remains solely responsible for its own compliance with all laws and regulatory obligations that apply to its business, including applicable AML/CTF laws, AML/CTF Rules, sanctions laws, privacy laws, professional obligations and regulator guidance.
7.2Customer decisions and obligations. Without limiting clause 7.1, the Customer is responsible for:
7.3Platform use does not transfer responsibility. Use of the Platform, Third-Party Services, automated workflows, AI Features or an information-sharing or reliance arrangement does not remove the Customer's responsibility to comply with its own legal obligations, except to the extent expressly provided by applicable law.
7.4Customer acknowledgement. The Customer acknowledges and agrees that:
8.1Ownership. The Customer retains all rights, title and interest in Customer Data.
8.2Licence to AMLTranche. The Customer grants AMLTranche a limited, non-exclusive right to host, store, copy, transmit, display, process and use Customer Data only to:
8.3Customer authority. The Customer represents and warrants that it has all rights, permissions, notices, consents and lawful bases required to provide Customer Data to AMLTranche and to allow AMLTranche to process Customer Data in accordance with these Terms.
8.4AI training restriction. AMLTranche will not sell Customer Data or use identifiable Customer Data to train a general-purpose AI model without the Customer's prior written agreement.
8.5Identity-verification data. AMLTranche does not ordinarily store identity document images or biometric data collected through its integrated identity-verification provider, unless the Customer separately uploads those materials to the Platform or the Accepted Proposal states otherwise. AMLTranche may receive and store verification outcomes, extracted fields necessary for compliance and audit logs.
9.1Privacy. AMLTranche will handle personal information in accordance with its Privacy Policy and applicable law.
9.2Security. AMLTranche will maintain reasonable administrative, technical and organisational measures designed to protect Customer Data against unauthorised access, use, modification, disclosure, loss and destruction. No system is completely secure, and the Customer also has security responsibilities under clause 5.
9.3Hosting and overseas processing. AMLTranche's primary production compliance-data environment is hosted in Australia. Certain data may be processed outside Australia where necessary to provide identity verification, screening, payment, email, customer support, security, cloud, analytics, AI or other integrated services. Details of relevant subprocessors and overseas processing are set out in the Privacy Policy.
9.4Overseas disclosures. Where AMLTranche discloses personal information overseas, AMLTranche will take reasonable steps required by applicable privacy law, including Australian Privacy Principle 8 where applicable.
9.5Legal and regulatory requests. AMLTranche may produce records or provide access to Customer Data in response to a lawful request from AUSTRAC, a court, a law-enforcement body or another regulatory body, subject to applicable law. AMLTranche will notify the Customer where lawful and practicable to do so. The Customer must promptly notify AMLTranche of any AUSTRAC request relating to data held in the Platform, to the extent permitted by law. AMLTranche is not liable to the Customer for complying with a lawful request.
10.1Third-Party Services. The Platform may enable access to or integration with Third-Party Services. The Customer's use of a Third-Party Service may be subject to separate terms, privacy notices, fees and technical requirements imposed by that provider.
10.2Third-party responsibility. AMLTranche does not control and is not responsible for Third-Party Services, including their availability, security, accuracy, completeness, content, updates or acts and omissions, except to the extent caused by AMLTranche's breach of these Terms.
10.3Screening results. Screening results, including PEP, sanctions, watchlist and adverse-information results, are potential matches and risk indicators only. They may be incomplete, inaccurate, out of date or relate to a different person or entity with the same or a similar name.
10.4Customer assessment. The Customer must independently assess, resolve and document screening results using relevant identifiers, reliable sources and its AML/CTF program. A screening result alone does not establish PEP status, sanctions status, criminal conduct, a suspicious matter or a requirement to submit a regulatory report.
10.5Identity-verification results. Identity-verification results are produced by the identity-verification provider from documents and information supplied by the End Customer. A rejected, failed or inconclusive verification is a result, not a defect in the Platform. AMLTranche passes on Third-Party Service results and does not independently verify them. An outage, delay or error of a Third-Party Service does not extend a regulatory deadline that applies to the Customer.
11.1Nature of AI Features. AI Features may generate suggested workflows, summaries, draft case notes, document prompts, checklists, knowledge responses or other content. AI-assisted content may be inaccurate, incomplete, out of date or unsuitable for the Customer's circumstances.
11.2Human review. The Customer must ensure that a suitably qualified and authorised person reviews and validates AI-assisted content before relying on it for a legal, regulatory, AML/CTF, PEP, sanctions, CDD, ECDD, source-of-funds, source-of-wealth, suspicious-matter, reporting or customer-acceptance decision.
11.3Sources. Where the Platform displays source links or citations, the Customer should review the cited source and confirm it is current and applicable.
11.4No sole basis for significant decision. The Customer must not use an AI Feature as the sole basis for a decision that has a legal or similarly significant effect on an individual.
11.5Changes to AI Features. AMLTranche may modify, replace, suspend or discontinue AI Features, underlying models, retrieval sources or configurations from time to time.
12.1Confidentiality obligation. Each party must keep the other party's Confidential Information confidential and must not disclose it to a third party except:
12.2Exclusions. Confidential Information does not include information that is public other than through a breach of these Terms, already known lawfully without restriction, independently developed without use of confidential information, or lawfully received from a third party without confidentiality restriction.
12.3Suspicious-matter information. The Customer must restrict access to suspicious-matter information, suspicious matter reports, internal suspicious-matter investigations and related regulatory communications to personnel with a genuine need to know.
12.4Tipping off. The Customer must not disclose that a suspicious matter report has been made, is being considered, or that a suspicion has been formed where disclosure is prohibited by law, including the tipping-off offence in section 123 of the AML/CTF Act 2006 (Cth), or could reasonably be expected to prejudice an investigation. The Customer is solely responsible for ensuring that its use of the Platform, including who it grants access to, does not result in a tipping-off offence.
12.5Other compliance records. Threshold transaction reports and other compliance records must be handled securely and confidentially. The Customer must apply the specific legal confidentiality and disclosure rules that apply to each record type.
Fees, GST, invoices, payment, failed payments, suspension for non-payment, Plan changes, renewal, cancellation, refunds and payment disputes are governed by the Billing Terms, which prevail over these Terms on those matters.
14.1AMLTranche intellectual property. AMLTranche and its licensors retain all rights, title and interest in the Platform, Documentation, templates, software, interfaces, designs, workflows, content, trademarks, analytics and all related intellectual property rights.
14.2No implied rights. Other than the limited access right in clause 4, no rights are granted to the Customer.
14.3Feedback. If the Customer provides suggestions, feedback or improvement ideas, the Customer grants AMLTranche a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation, provided AMLTranche does not identify the Customer as the source without consent.
15.1Availability. AMLTranche will use reasonable endeavours to make the Platform available during the Subscription Term, excluding planned maintenance, emergency maintenance, force majeure events, Third-Party Service failures and circumstances outside AMLTranche's reasonable control.
15.2No guaranteed uptime. Unless an Accepted Proposal expressly includes a service level agreement, AMLTranche does not provide a guaranteed uptime commitment.
15.3Customer continuity. The Customer remains responsible for meeting all applicable regulatory deadlines regardless of Platform availability and must maintain appropriate alternative business-continuity and reporting procedures.
15.4Maintenance notices. AMLTranche will give advance notice of planned maintenance where reasonably practicable, by email to an account administrator or other nominated operational contact, or by a notice in the Platform.
16.1Suspension rights. AMLTranche may suspend or restrict access to the Platform, in whole or part, where reasonably necessary to:
16.2Notice. Where practicable, AMLTranche will give the Customer prior notice and an opportunity to remedy the issue. AMLTranche may suspend immediately where notice would create a security, legal or operational risk.
16.3Non-payment suspension. Where access is suspended solely for overdue payment, the access available to the Customer is governed by the Billing Terms.
17.1Term. These Terms commence when the Customer first accepts them and continue until all Subscriptions have ended.
17.2Billing matters. Renewal, cancellation by the Customer, and termination by AMLTranche for convenience are governed by the Billing Terms.
17.3Termination for material breach. Either party may terminate the Subscription if the other party materially breaches these Terms and does not remedy the breach within 14 days after receiving written notice, unless the breach is incapable of remedy. Termination for non-payment is governed by the Billing Terms.
17.4Immediate termination or suspension. AMLTranche may suspend or terminate the Customer's access immediately where required by law, or where the Customer's use of the Platform poses a material security, legal, sanctions or integrity risk.
17.5Unacceptable conduct towards AMLTranche personnel. AMLTranche may suspend access, restrict support channels, require the Customer to nominate an alternative contact person, or terminate the Customer's Subscription by written notice if the Customer, an Authorised User, or any person acting on the Customer's behalf engages in serious or repeated abusive, threatening, intimidating, harassing, discriminatory, vilifying, violent or otherwise inappropriate conduct towards AMLTranche personnel, contractors, representatives or other customers. Where reasonably practicable, AMLTranche will notify the Customer of the conduct and provide an opportunity to address it. AMLTranche may act immediately where the conduct creates, or could reasonably be expected to create, a personal safety, legal, security or operational risk.
17.6Export and post-termination access. During the Subscription Term, the Customer may export Customer Data using available Platform export functionality. Post-cancellation or post-termination access, export and deletion are governed by the Billing Terms.
18.1Reasonable care and skill. AMLTranche warrants that it will provide the Platform with reasonable care and skill.
18.2Platform availability and suitability. Except as expressly stated in these Terms and to the maximum extent permitted by law, the Platform is provided on an "as available" basis. AMLTranche does not warrant that the Platform will be uninterrupted, error-free, fully secure, suitable for every purpose, or that it will ensure the Customer's compliance with laws or regulatory requirements.
18.3Information and third-party sources. AMLTranche does not warrant the accuracy, completeness, currency or suitability of Customer Data, Third-Party Services, screening data, AI-assisted content, regulatory sources, user-entered information or results generated from them.
18.4Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth) or other applicable law.
18.5ACL limitation where permitted. Where the Australian Consumer Law applies and the Platform is not of a kind ordinarily acquired for personal, domestic or household use, AMLTranche's liability for failure to comply with a consumer guarantee is limited, to the extent permitted by section 64A, to supplying the services again or paying the cost of having the services supplied again, at AMLTranche's election.
19.1Excluded loss. To the maximum extent permitted by law, neither party is liable to the other for indirect, consequential, special, exemplary or punitive loss, including loss of profits, revenue, goodwill, anticipated savings, business opportunity or reputation. To the maximum extent permitted by law, AMLTranche is not liable for regulatory fines, penalties, infringement notices, enforcement or remediation costs, or loss arising from a regulator's decision or the Customer's failure to meet a regulatory obligation, except to the extent directly caused by AMLTranche's fraud, wilful misconduct, deliberate breach of confidentiality obligations or breach of applicable law.
19.2Liability cap. Unless an Accepted Proposal expressly states a different liability cap, AMLTranche's total aggregate liability arising out of or in connection with the Platform, these Terms or an Accepted Proposal, whether in contract, tort (including negligence), statute or otherwise, is limited to the fees paid or payable by the Customer to AMLTranche under the Subscription to which the claim relates in the 12 months immediately preceding the event giving rise to the claim.
19.3Non-excludable liability. The exclusions and limitations in this clause do not apply to liability that cannot lawfully be excluded or limited, or to AMLTranche's fraud, wilful misconduct or deliberate breach of confidentiality obligations.
19.4Time limit for claims. To the extent permitted by law, the Customer must commence a claim against AMLTranche within 12 months after the Customer first became aware, or ought reasonably to have become aware, of the facts giving rise to the claim. Otherwise, the claim is barred.
20.1Indemnity. The Customer indemnifies AMLTranche and its directors, employees, contractors and licensors against third-party claims, losses, liabilities, damages and reasonable legal costs arising from:
20.2Limits on indemnity. This indemnity does not apply to the extent a claim arises from AMLTranche's breach of these Terms, negligence, fraud, wilful misconduct or breach of applicable law.
20.3Indemnity process. AMLTranche must give the Customer prompt written notice of a claim for which it seeks an indemnity, provide reasonable cooperation at the Customer's cost, and must not settle a claim in a way that admits liability by, or imposes a material obligation on, the Customer without the Customer's prior written consent, not to be unreasonably withheld or delayed.
21.1Updates. AMLTranche may update these Terms to reflect changes in law, regulatory guidance, security requirements, Platform functionality, Third-Party Services or business practices.
21.2Material adverse changes. AMLTranche will give at least 30 days' notice of a material adverse change, unless a shorter period is reasonably necessary to comply with law, address a security issue or prevent abuse.
21.3Customer termination right. If a material adverse change materially affects the Customer's use of the Platform, the Customer may terminate the affected Subscription before the change takes effect by giving written notice to AMLTranche. If the Customer terminates under this clause, AMLTranche will refund the pro-rata portion of fees paid in advance for the period after termination, as set out in the Billing Terms.
21.4Acceptance. Continued use of the Platform after the effective date of an updated version constitutes acceptance of the updated Terms.
22.1Force majeure events. Neither party is liable for a delay or failure to perform an obligation, other than payment obligations, to the extent caused by an event outside its reasonable control, including a natural disaster, pandemic, war, terrorism, government action, telecommunications failure, internet failure, cyberattack, distributed denial-of-service attack, cloud-service disruption, utility outage or Third-Party Service failure.
22.2Mitigation. The affected party must use reasonable efforts to mitigate the event's effect and resume performance as soon as reasonably practicable.
23.1Assignment. Neither party may assign or transfer its rights or obligations under these Terms without the other party's prior written consent. AMLTranche may assign these Terms as part of a merger, corporate restructure, financing, sale of business or sale of substantially all assets, provided the assignee agrees to be bound by these Terms.
23.2Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, agency or representative relationship.
23.3Notices. Notices must be sent by email to the addresses stated in the Accepted Proposal or account settings, unless a party nominates another address by written notice. A notice is taken to be received on the next Business Day after it is sent, unless the sender receives an error or delivery-failure notice.
23.4Severability. If any provision is invalid, illegal or unenforceable, it will be read down to the minimum extent necessary and the remaining provisions continue in effect.
23.5No waiver. A failure or delay to exercise a right is not a waiver of that right.
23.6Entire agreement. These Terms, the Billing Terms and each Accepted Proposal constitute the entire agreement between the parties about their subject matter and replace prior discussions and understandings relating to that subject matter. Nothing in this clause limits a representation expressly included in an Accepted Proposal.
23.7Governing law. These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
23.8Dispute resolution. Before commencing proceedings, other than for urgent interlocutory relief, a party must give the other written notice of the dispute and the parties must attempt in good faith to resolve it, including by mediation if either party requests it. Payment disputes are handled under the Billing Terms.
23.9Survival. Clauses 6, 7, 8, 9.5, 10, 11, 12, 14, 15.3, 17.5, 18, 19, 20 and 23 survive termination or expiry of these Terms, together with any provision which by its nature is intended to survive.
For questions about these Terms, contact:
This schedule summarises the allocation of responsibility between AMLTranche and the Customer.
| Area | AMLTranche role | Customer role |
|---|---|---|
| AML/CTF program | Provides configurable templates, workflow tools and evidence-management features where available in the Platform | Approves, customises, maintains and ensures suitability of its AML/CTF program |
| Business-wide risk assessment | May provide risk-assessment tools or prompts | Identifies, assesses, mitigates, approves and reviews its own ML/TF/PF risks |
| CDD and ECDD | Provides forms, workflow, document-collection, screening-integration and audit-trail features | Determines required parties, verifies information, resolves gaps and makes final CDD/ECDD decisions |
| PEP, sanctions and adverse screening | May display data-provider results and manage alert workflows | Resolves alerts, confirms identity, assesses ownership/control and makes final decisions |
| Customer risk rating | May calculate or display a configured rating | Sets risk appetite, approves methodology and makes or approves final risk decisions |
| Source of funds / wealth | May collect and organise evidence | Determines whether evidence is sufficient and whether to proceed, escalate or decline |
| Suspicious matters | May provide restricted workflow and evidence-management tools | Forms suspicion, decides whether an SMR is required, lodges reports and prevents tipping off |
| Regulatory reporting | May provide reminders, checklists or report-preparation tools | Determines reportability, submits reports and meets statutory deadlines |
| Record keeping | Provides Platform storage, audit-trail and export features | Ensures legal completeness, accuracy, access, retention and business continuity |
| AUSTRAC engagement | May provide general information and workflow support | Enrols, updates details, responds to AUSTRAC and manages regulatory communications |
| AI guidance | Provides optional AI-assisted content where enabled | Independently reviews, validates and approves all regulatory or customer-impacting decisions |
AI Features are optional Platform features that may generate suggested workflows, summaries, draft content, checklists, prompts or general information.
AI Features do not make final legal, regulatory, sanctions, PEP, customer-risk, ECDD, source-of-funds, suspicious-matter, reporting or customer-acceptance decisions.
The Customer must ensure that suitably qualified and authorised personnel review AI-assisted content before taking action.
AI-assisted content may be inaccurate, incomplete, outdated, biased or unsuitable for the Customer's circumstances. The Customer must independently verify relevant information, including by reviewing available source citations, current legislation, AML/CTF Rules, regulator guidance and professional advice where appropriate.
The Customer must not submit data to an AI Feature unless it has the right and authority to do so. The Customer must use role-based access, minimisation and internal controls when entering personal information, sensitive information, suspicious-matter information or other confidential data.
Where an AI Feature uses a Third-Party Service, Customer Data or prompts may be processed by that provider as described in the Privacy Policy and applicable product documentation. AMLTranche will not use identifiable Customer Data to train a general-purpose AI model without the Customer's prior written agreement.
AMLTranche may modify, replace, suspend or discontinue AI Features, underlying models, retrieval sources, prompts and configurations. AMLTranche will use reasonable efforts to notify customers where a material change affects an enabled AI Feature.
The Customer must ensure that it and each Authorised User do not:
AMLTranche may investigate suspected breaches of this Schedule 3 and may suspend, restrict or terminate access in accordance with clauses 16 and 17 of these Terms.
AMLTranche is a technology platform provider. These Terms explain the conditions that apply to access to and use of the AMLTranche Platform. They are not legal, tax or compliance advice. Customers remain responsible for determining and meeting their own legal and regulatory obligations.