Terms of Use

1. Use of the website and services

The website and platform are provided to individuals who are at least 18 years old and legally capable of entering into binding agreements. An account is personal to you, created with your own accurate details, and used for your own purposes. The service comprises access to automated trading tools, market information, account management functions and client support; the specifics of accounts, fees and payment methods are set out on the fees page and the methods page, which form part of the overall agreement alongside these Terms and the Privacy Policy.

Your use of the service must be consistent with its purpose: managing your own funds through the tools provided. The platform does not provide personal financial advice or investment recommendations, and nothing in our information, analytics or communications constitutes advice to make a specific investment decision. Decisions to use the service, and the amounts you commit, remain yours.

2. Restrictions

You may not share account credentials, transfer or sell your account, or operate an account on behalf of another person. You may not use the service for any purpose that is unlawful in Australia or in any jurisdiction connected to your activity, nor attempt to gain unauthorised access to any part of the platform, its data or its infrastructure. Automated access to the site outside the interfaces we provide, systematic scraping, and interference with the platform's normal operation are not permitted.

We may suspend or terminate access where these restrictions are breached, where verification requirements are not met, or where legal or risk obligations require it, in each case with notice wherever practicable. Obligations that by their nature survive termination, including those concerning charges incurred, disputes and these Terms' legal provisions, continue to apply.

3. Promotional materials and information emails

By creating an account you agree to receive service-related communications: security notices, transaction confirmations, verification matters and account administration. These operational messages are not marketing and cannot be switched off while you hold an account, because they carry information you need.

Separately, you may choose to receive marketing materials: market commentary, platform updates and educational content. That choice is yours, made at registration or in your settings, and can be withdrawn at any time through the unsubscribe link in every marketing message or by contacting support. Withdrawing marketing consent does not affect your account or operational messages.

4. Intellectual property

The Worthamence name, logo, site design, text, graphics, data presentation and software are protected by intellectual property rights and remain our property or that of our licensors. You receive a limited, revocable, non-exclusive right to access and use the site for its intended purpose, and nothing else: no licence is granted to copy, redistribute, adapt or commercially exploit any part of the site's content without written permission.

Marks belonging to third parties, including payment schemes and venues referenced on the site, remain the property of their owners and are used for identification only. If you believe any material on the site infringes your rights, contact us with the specifics and we will review it promptly.

5. Confidentiality

Information that either party designates as confidential, or that is evidently confidential in nature, must be kept confidential and used only for the purpose it was shared. Your personal information is handled under the Privacy Policy rather than this section. Our security practices, internal procedures and commercial arrangements are examples of confidential information on our side; your trading activity and account details are examples on yours. These obligations continue after the Terms end.

6. Links to other sites

The site may reference or link to third-party resources for information: payment providers, venues, regulators' published materials. Those links are provided for convenience; the destination sites are outside our control, and we do not adopt, warrant or take responsibility for their content, security or availability. Your use of third-party sites is on their terms, and any dealings with them are yours.

Equally, any link to this site from elsewhere does not imply endorsement of the linking source. The fraud warning page explains how to verify that a page genuinely belongs to us.

7. Prohibited use

Without limiting section 2, you must not use the service or site to breach any law or regulatory requirement; to launder money or finance terrorism, or attempt either; to infringe intellectual property rights; to distribute spam, malware or harmful code; to attack, probe or stress the platform's infrastructure; to harvest other users' information; or to misrepresent your identity or the origin of funds. You must not upload documents you know to be false, and you must not assist anyone else in any of the above.

Breach of this section is treated as serious: it can lead to immediate suspension, termination of the relationship, retention of records as the law requires, and reporting to competent authorities where a legal obligation exists.

8. Support

Support is available by email at [email protected] during support hours, Monday to Friday, 9:00-17:30 AEST, covering account matters, payments, platform functions and these Terms. Support can explain how the service works and what the Terms provide, but does not provide legal, tax or investment advice. Questions that require escalation, including complaints, follow the paths described on the complaints page.

9. Disclaimer of warranties

The site and platform are provided on an "as available" basis. While we work to keep them accurate, current and operational, we do not warrant that the service will be uninterrupted, timely, error-free or free of defects, that market information will be complete or precisely current at every moment, or that any particular result will follow from using the service. Information on the site is general and does not take your objectives, financial situation or needs into account. Trading involves risk, including possible loss of the capital invested, and nothing on the site modifies that fact.

To the fullest extent permitted by law, all conditions, warranties and terms that might otherwise be implied into these Terms are excluded, except where exclusion would be unlawful or where a non-excludable right applies, in which case our liability for breach is limited, at our option, to resupplying the service or paying the cost of having it supplied again.

10. Limitation of liability

To the extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, data or opportunity, arising from your use of the site or service. Our aggregate liability for direct loss arising out of or in connection with the service is limited to the greater of the fees you paid to us in the three months preceding the event giving rise to the claim, or the amount of funds held in your account at that time. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded, including rights you may have under the Australian Consumer Law.

Market movements are not loss caused by us. The risks described in the risk disclosure, including the possibility of losing your deposited capital, are inherent to trading and are accepted by you as your own when using the service.

11. Indemnity

You agree to indemnify us against losses, costs and expenses reasonably incurred arising from your breach of these Terms, your violation of any law or third-party right, or your misuse of the service, except to the extent the loss arises from our own wrongdoing or from matters we are by law responsible for. This indemnity does not require you to protect us from the consequences of our own misconduct, and it applies only to the extent permitted by law, preserving any non-excludable rights you hold.

Other provisions

These Terms are governed by the laws applicable in Australia to the services provided, and the courts of that jurisdiction have non-exclusive authority over disputes arising from them, without prejudice to rights you may have to use external dispute resolution as described on the complaints page. If any provision is held unenforceable, the remainder continues in force, and the unenforceable provision is read as narrowly limited as necessary to become enforceable. Our failure to enforce a right at one time is not a waiver of it at another.

These Terms may be updated. Material updates are announced on the platform before they take effect, and the current published version governs from its effective date; continued use after that date constitutes acceptance. Nothing in these Terms creates rights for third parties. Questions about any provision can be sent to [email protected], where someone who has read the same words you have will answer them.