Terms of Use
By accessing or using Saxo Capital Markets (Australia) Limited’s (“Totality”) trading platform(s), website, platforms, chatbot/virtual assistance, systems, websites, and apps (collectively referred to as the "Platforms"), you signify that you have read, understood, and agree to the terms and conditions as described in this Terms of Use and Totality’s Privacy Policy.
The content and information included in these Platforms are provided by Totality and/or its third-party suppliers (collectively, the "Information Providers"). These Platforms are made available by Totality subject to the terms and conditions stated below.
Modifications to Terms of Use
Totality, in its sole discretion, has the right to make modifications to these Terms of Use at any time without notice and will publish modified terms of the Terms of Use on Totality’s Website or within the trading platform(s). The continuing use of Totality after any published modifications will constitute the client’s agreement to the modified Terms of Use.
Use of the Platforms
These Platforms are intended for your personal, non-commercial use. By using the above-mentioned Platforms and the software provided by Totality, you acknowledge and agree that:
In order to set up and access your Totality Account, you will be required to create or will be given security details, including an Account user ID and password (depending on when you became a client of Totality). You are solely responsible for monitoring and safeguarding your Account and access to your Account. You are solely responsible for keeping your Account user ID, password, and other Account details safe, and for the safety and security of any electronic devices through which you access your Account (which may include your phone, tablet, computer, or any similar device) (a “Device”). This includes taking all reasonable steps to avoid the loss, theft, or misuse of such Device, for instance engaging available protections provided by your Device, such as passcodes, biometric login (such as via a fingerprint or a face-scan), or similar, and keeping your Account user ID, password, and other Account details safe and secret at all times. Any loss or compromise of your Device, your email account, your Account username or password, or other security details, may result in unauthorised access to your Account by third parties.
You agree to notify Totality immediately and in any event within 24 hours if you become aware of: (i) any loss, theft, or unauthorised use of your Account, Account user ID or password; (ii) any receipt by you of a security notification concerning your Account that notifies you of an event or action that you do not recognise; or (iii) any other unauthorised use or access of your Account. Each of the events described in (i)-(iii) of this clause will be a “Potential Fraudulent Event.” Upon request by Totality, you agree to report any Potential Fraudulent Event promptly to legal authorities and provide Totality a copy of any report prepared by such legal authorities. You agree to cooperate fully with the legal authorities and Totality in any investigation of any Potential Fraudulent Event, and to complete any required affidavits promptly, accurately, and thoroughly. You agree to allow Totality access to your Device, and your network in connection with Totality’s investigation of any Potential Fraudulent Event. You agree to indemnify and hold Totality, its Affiliates, and their respective officers, directors, and employees harmless from and against any Losses arising out of or relating to any Potential Fraudulent Event.
Platform Content
We may provide or make available to you certain content or information which may include news, articles, commentary, research, links to outside websites, and other information accessible through the Platform (such content or information, “Content”). Content may be prepared by third parties and independent external providers not affiliated with Totality (“Providers”). If we provide or make Content available to you, this does not grant you any rights over or in that Content. You may not and agree that you will not reproduce, sell, market, distribute, or otherwise commercially use the Content in any matter. Totality may terminate your access to the Content at any time.
Content is provided or made available to you on an “as is” and on an “as available” basis and should not be considered as any form of advice or recommendation for you or your Account, or a recommendation by Totality to buy or sell any securities or to engage in any investment strategy. Your use of any Content is at your own risk. We do not make any warranty of any kind, express or implied, regarding the Content or the accuracy, completeness, timeliness, or otherwise of the Content.
Totality does not produce or provide first-party research providing specific investment strategies such as buy, sell, or hold recommendations, first-party ratings, or price targets. To the extent any Content is prepared by Totality or its associated persons and made available via that Platform or by other means, that Content is intended for informational and educational purposes only and does not constitute either research or a recommendation to enter into any securities transactions or to engage in any investment strategies.
Any views expressed in any third-party Content are not the views of Totality. Totality is not responsible for any third-party website or anything contained on or connected with any third-party website.
Waiver; Limitation of Liability; Indemnification
You agree that your use of the Platform or any other service provided by Totality or its Affiliates is at your sole risk. The Totality Platforms (including the Platform, the provision of Market Data, Content, or any other information provided by Totality, or any third-party content provider or market data provider) are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, statutory (including without limitation, timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
Although considerable effort is expended to make the Platform and other operational and communications channels available around the clock, Totality does not warrant that these channels will be available and error-free every minute of the day. You agree that Totality will not be responsible for temporary interruptions in service due to maintenance, Platform changes, or failures, nor shall Totality be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature (including earthquakes and storms), labour disputes and armed conflicts.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT TOTALITY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND THE PROVIDERS (COLLECTIVELY THE “TOTALITY PARTIES”) WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES FOR ANY LOSSES YOU INCUR (MEANING CLAIMS, DAMAGES, ACTIONS, DEMANDS, INVESTMENT LOSSES, OR OTHER LOSSES, AS WELL AS ANY COSTS, CHARGES, ATTORNEYS’ FEES, OR OTHER FEES OR EXPENSES) BY REASON OF DELAYS OR INTERRUPTIONS OF THE PLATFORMS OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANISATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS.
Except as otherwise provided by law, Totality and any of its affiliates or respective partners, officers, directors, employees or agents (collectively, “Indemnified Parties”) shall have no liability for, and you agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by you with any of the terms and conditions of this Agreement; (ii) any third-party actions related to your receipt and use of any Market Data, Content, market analysis, other third-party content, or other such information obtained on the Platform, whether authorised or unauthorised under this Agreement; (iii) any third-party actions related to your use of the Platform; (iv) your or your agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following your or your agent’s directions or instructions, or failing to follow your or your agent’s unlawful or unreasonable directions or instructions; (vi) any activities or Platforms of the Indemnified Parties in connection with your Account (including any technology Platforms, reporting, trading, research or capital introduction Platforms); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to you. Further, if you authorise or allow third parties to gain access to Totality’s Platforms, including your Account, you will indemnify, defend and hold harmless the Indemnified Parties against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Totality does not warrant against loss of use or any direct, indirect or consequential damages or Losses to you caused by your assent, expressed or implied, to a third party accessing your Account or information, including access provided through any other third-party systems or sites. The indemnity provided for in this section shall not be construed as limiting your ability to bring a claim against the Indemnified Parties or receive an award or judgment from Totality that you would be entitled to bring or receive under any applicable laws.
You also agree that Indemnified Parties will have no responsibility or liability to you in connection with the performance or non-performance by any exchange, clearing organisation, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever for: any Losses (including special, indirect, incidental, consequential, punitive or exemplary (including lost profits, trading losses and damages)) resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorised access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading.
Disclaimer of Warranties
Totality and the Information Provider(s) expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Although the Platforms provided have been obtained from sources deemed to be reliable, the Platforms are provided on an "as-is" basis, and Totality and/or any third-party Information Provider(s) provide the Platforms without responsibility for accuracy, correctness, and availability. By using the Platforms you agree that errors and/or omissions contained in the Platforms shall not be made the basis for any claim, demand, or cause of action against Totality or any Information Provider(s).
Limited Liability
Neither Totality nor any of its third-party Information Providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to this Terms of Use or resulting from the use or the inability to use the Platforms, including but not limited to damages for loss of profits, use, data, or other intangible damages, even if such party has been advised of the possibility of such damages.
Miscellaneous
By agreeing to the Terms of Use of the Platforms and the software you acknowledge and agree that Totality, in the interest of security, reserves the right to record all telephone conversations, internet conversations including chat, and any meetings between you and Totality. You acknowledge and accept that interactions with Totality via the Platforms may be used for further development of Totality’s algorithms, artificial intelligence models or similar. Any personal information provided by you through the use of the Platforms is governed by Totality’s Privacy Policy. You furthermore agree that Totality reserves the right to monitor your use of the Platforms on the website and that the resultant information may be used by Totality for its internal business purposes.
Governing Law
Any claims arising from these Terms will be governed by and construed in accordance with the laws of New South Wales, Australia and shall be subject to the exclusive jurisdiction of the Courts of New South Wales.
The content and information included in these Platforms are provided by Totality and/or its third-party suppliers (collectively, the "Information Providers"). These Platforms are made available by Totality subject to the terms and conditions stated below.
Modifications to Terms of Use
Totality, in its sole discretion, has the right to make modifications to these Terms of Use at any time without notice and will publish modified terms of the Terms of Use on Totality’s Website or within the trading platform(s). The continuing use of Totality after any published modifications will constitute the client’s agreement to the modified Terms of Use.
Use of the Platforms
These Platforms are intended for your personal, non-commercial use. By using the above-mentioned Platforms and the software provided by Totality, you acknowledge and agree that:
- It is prohibited to use, store, reproduce, display, modify, sell, publish, transmit, and distribute, or commercially exploit the Platforms without prior written permission of Totality and/or any third-party Information Provider(s).
- Totality and/or any third-party Information Provider(s) reserve all rights to proprietary information (including, but not limited to, all intellectual property rights such as patents, trademarks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans, and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws) subsisting in or relating to the Platforms.
- You shall not use the Platforms for any unlawful or unauthorised purpose, including (but not limited to) by submitting any material to Totality through the Platforms that may be considered (by Totality) to be abusive, defamatory, threatening, or otherwise harmful to others; or by uploading or transmitting viruses or any other type of malicious code that will or may be used in a way that may affect the functionality or operation of the Platforms.
- The use and interpretation of the Platforms require skill and judgment, and you shall at all times exercise your own judgment in the use of the Platforms.
- You are responsible for all statements made and acts or omissions that occur while your user identification (or "User ID") and passwords are being used. You are responsible for protecting and securing your User ID and password from unauthorised use and disclosure. If you become aware of, or believe there has been, any breach of security for any of your information stored on Totality’s website, such as the theft or unauthorised use of your User ID, password, or any other information, you will notify Totality immediately.
- The Platforms and the software have been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and Totality is not soliciting any action based upon it. Any material provided by the Platforms is not to be construed as financial, tax, legal, or other advice; a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal.
- The fact that Totality has made the Platforms available to you constitutes neither a recommendation to enter into a particular transaction nor a representation that any product described on the website is suitable or appropriate for you. Many of the products described in the Platforms involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Certain transactions, including those involving complex financial instruments, give rise to substantial risk and are not suitable for all investors. Any discussion of the risks contained herein with respect to any product should not be considered to be a comprehensive disclosure of all risks or a complete discussion of the risks which are mentioned. You should not construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice.
In order to set up and access your Totality Account, you will be required to create or will be given security details, including an Account user ID and password (depending on when you became a client of Totality). You are solely responsible for monitoring and safeguarding your Account and access to your Account. You are solely responsible for keeping your Account user ID, password, and other Account details safe, and for the safety and security of any electronic devices through which you access your Account (which may include your phone, tablet, computer, or any similar device) (a “Device”). This includes taking all reasonable steps to avoid the loss, theft, or misuse of such Device, for instance engaging available protections provided by your Device, such as passcodes, biometric login (such as via a fingerprint or a face-scan), or similar, and keeping your Account user ID, password, and other Account details safe and secret at all times. Any loss or compromise of your Device, your email account, your Account username or password, or other security details, may result in unauthorised access to your Account by third parties.
You agree to notify Totality immediately and in any event within 24 hours if you become aware of: (i) any loss, theft, or unauthorised use of your Account, Account user ID or password; (ii) any receipt by you of a security notification concerning your Account that notifies you of an event or action that you do not recognise; or (iii) any other unauthorised use or access of your Account. Each of the events described in (i)-(iii) of this clause will be a “Potential Fraudulent Event.” Upon request by Totality, you agree to report any Potential Fraudulent Event promptly to legal authorities and provide Totality a copy of any report prepared by such legal authorities. You agree to cooperate fully with the legal authorities and Totality in any investigation of any Potential Fraudulent Event, and to complete any required affidavits promptly, accurately, and thoroughly. You agree to allow Totality access to your Device, and your network in connection with Totality’s investigation of any Potential Fraudulent Event. You agree to indemnify and hold Totality, its Affiliates, and their respective officers, directors, and employees harmless from and against any Losses arising out of or relating to any Potential Fraudulent Event.
Platform Content
We may provide or make available to you certain content or information which may include news, articles, commentary, research, links to outside websites, and other information accessible through the Platform (such content or information, “Content”). Content may be prepared by third parties and independent external providers not affiliated with Totality (“Providers”). If we provide or make Content available to you, this does not grant you any rights over or in that Content. You may not and agree that you will not reproduce, sell, market, distribute, or otherwise commercially use the Content in any matter. Totality may terminate your access to the Content at any time.
Content is provided or made available to you on an “as is” and on an “as available” basis and should not be considered as any form of advice or recommendation for you or your Account, or a recommendation by Totality to buy or sell any securities or to engage in any investment strategy. Your use of any Content is at your own risk. We do not make any warranty of any kind, express or implied, regarding the Content or the accuracy, completeness, timeliness, or otherwise of the Content.
Totality does not produce or provide first-party research providing specific investment strategies such as buy, sell, or hold recommendations, first-party ratings, or price targets. To the extent any Content is prepared by Totality or its associated persons and made available via that Platform or by other means, that Content is intended for informational and educational purposes only and does not constitute either research or a recommendation to enter into any securities transactions or to engage in any investment strategies.
Any views expressed in any third-party Content are not the views of Totality. Totality is not responsible for any third-party website or anything contained on or connected with any third-party website.
Waiver; Limitation of Liability; Indemnification
You agree that your use of the Platform or any other service provided by Totality or its Affiliates is at your sole risk. The Totality Platforms (including the Platform, the provision of Market Data, Content, or any other information provided by Totality, or any third-party content provider or market data provider) are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, statutory (including without limitation, timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
Although considerable effort is expended to make the Platform and other operational and communications channels available around the clock, Totality does not warrant that these channels will be available and error-free every minute of the day. You agree that Totality will not be responsible for temporary interruptions in service due to maintenance, Platform changes, or failures, nor shall Totality be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature (including earthquakes and storms), labour disputes and armed conflicts.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT TOTALITY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND THE PROVIDERS (COLLECTIVELY THE “TOTALITY PARTIES”) WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES FOR ANY LOSSES YOU INCUR (MEANING CLAIMS, DAMAGES, ACTIONS, DEMANDS, INVESTMENT LOSSES, OR OTHER LOSSES, AS WELL AS ANY COSTS, CHARGES, ATTORNEYS’ FEES, OR OTHER FEES OR EXPENSES) BY REASON OF DELAYS OR INTERRUPTIONS OF THE PLATFORMS OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANISATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS.
Except as otherwise provided by law, Totality and any of its affiliates or respective partners, officers, directors, employees or agents (collectively, “Indemnified Parties”) shall have no liability for, and you agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by you with any of the terms and conditions of this Agreement; (ii) any third-party actions related to your receipt and use of any Market Data, Content, market analysis, other third-party content, or other such information obtained on the Platform, whether authorised or unauthorised under this Agreement; (iii) any third-party actions related to your use of the Platform; (iv) your or your agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following your or your agent’s directions or instructions, or failing to follow your or your agent’s unlawful or unreasonable directions or instructions; (vi) any activities or Platforms of the Indemnified Parties in connection with your Account (including any technology Platforms, reporting, trading, research or capital introduction Platforms); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to you. Further, if you authorise or allow third parties to gain access to Totality’s Platforms, including your Account, you will indemnify, defend and hold harmless the Indemnified Parties against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Totality does not warrant against loss of use or any direct, indirect or consequential damages or Losses to you caused by your assent, expressed or implied, to a third party accessing your Account or information, including access provided through any other third-party systems or sites. The indemnity provided for in this section shall not be construed as limiting your ability to bring a claim against the Indemnified Parties or receive an award or judgment from Totality that you would be entitled to bring or receive under any applicable laws.
You also agree that Indemnified Parties will have no responsibility or liability to you in connection with the performance or non-performance by any exchange, clearing organisation, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever for: any Losses (including special, indirect, incidental, consequential, punitive or exemplary (including lost profits, trading losses and damages)) resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorised access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading.
Disclaimer of Warranties
Totality and the Information Provider(s) expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Although the Platforms provided have been obtained from sources deemed to be reliable, the Platforms are provided on an "as-is" basis, and Totality and/or any third-party Information Provider(s) provide the Platforms without responsibility for accuracy, correctness, and availability. By using the Platforms you agree that errors and/or omissions contained in the Platforms shall not be made the basis for any claim, demand, or cause of action against Totality or any Information Provider(s).
Limited Liability
Neither Totality nor any of its third-party Information Providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to this Terms of Use or resulting from the use or the inability to use the Platforms, including but not limited to damages for loss of profits, use, data, or other intangible damages, even if such party has been advised of the possibility of such damages.
Miscellaneous
By agreeing to the Terms of Use of the Platforms and the software you acknowledge and agree that Totality, in the interest of security, reserves the right to record all telephone conversations, internet conversations including chat, and any meetings between you and Totality. You acknowledge and accept that interactions with Totality via the Platforms may be used for further development of Totality’s algorithms, artificial intelligence models or similar. Any personal information provided by you through the use of the Platforms is governed by Totality’s Privacy Policy. You furthermore agree that Totality reserves the right to monitor your use of the Platforms on the website and that the resultant information may be used by Totality for its internal business purposes.
Governing Law
Any claims arising from these Terms will be governed by and construed in accordance with the laws of New South Wales, Australia and shall be subject to the exclusive jurisdiction of the Courts of New South Wales.