OMF Website Terms and Conditions
By accessing the OM Financial Limited website (“Site”), including Online Trading facilities, OMF’s CTrader Demo Trading Platform and all services, programs and information that you use or otherwise access from time to time via the Site that are provided by OMF, you agree to be bound by the following conditions of use.
If you do not agree, or if the stipulation below prohibits you from accessing and using the Site, you must not continue to access or use the Site.
While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, OM Financial Ltd (“OMF”) does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on or accessed through the Site.
Material that you see on the Site may be protected by copyright, trademark, patent or other protections, even if it is not stated to be.
You may not download, copy, reprint, distribute or otherwise publish information, graphics or images from the Site without the express written permission.
If you are accessing the Site for the purpose of a business , then you agree that the conditions, warranties and guarantees of the Consumer Guarantees Act 1993 shall not apply to your access or use of the Site including OMF’s CTrader Demo Trading Platform.
Investment Risk Warning and Disclosures
Any investment services, products and any opinions, views or recommendations made or referred to on this site are provided only for general information purposes only. To the extent that any such information, opinions, views and recommendations may constitute personalised advice, they do not take into account any person’s particular personal or financial situation, or goals and therefore do not constitute being personalised financial advice or a financial advice service under the Financial Advisers Act 2008, nor do they constitute advice of a legal, tax, accounting or other nature to any person or entity. We recommend prior to making any investment decision that investors seek independent advice of a legal or financial nature from their own legal or financial adviser.
For further information about the risks of investing you should refer to OMF’s Risk Disclosure Statement
The information and services available on or through the Site are not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of applicable laws or regulations. Accordingly, if it is prohibited to make such information or services available in your jurisdiction or to you (by reason of your nationality, residence or otherwise) it is not directed at you. Before proceeding, users of the Site must satisfy themselves that the laws of their own country allow them to access the information and services on the Site.
By proceeding to review and use the Site you will be confirming that you have done so.
Data, Information and Services
The data and Information on the Site is provided in good faith and has been obtained from sources which we believe to be reliable and accurate but its accuracy and completeness is not guaranteed. We are not responsible for the accuracy of the information contained on the Site provided by third parties. The data and information is provided “as is” and is subject to change without notice to you. OMF is under no obligation if it becomes aware of any change or inaccuracy of any content contained on the Site.
To the fullest extent permitted by law, no liability or responsibility is accepted for any loss or damage arising out of the use of or reliance on the information or services provided on the Site including without limitation, any loss of profit or any other damage, direct or consequential. Information, opinions, views are provided in good faith at a point in time and are subject to change at any time and without notice. Investment research may include sourced material sourced reproduced in good faith. OMF shall have no liability to any clients, persons or prospective clients of OMF or any other person in relation to such research material.
Certain data, information and services on or available through the Site may be outside the control of OMF or provided by a third party. OMF is not responsible or liable for their content or for any delays, interruptions or errors in the provision of any such data, information or services. Certain data and information accessible on or available through this site is the intellectual property of the relevant news and information services providers or other third parties that provide such data and information to the relevant service provider, or to OMF. The data and information may be protected by copyright and other intellectual property laws and all ownership rights remain with the information service provider or the third party or OMF.
Where information consists of pricing or performance related data neither OMF nor any information supplier or third party validate the correctness of the data. No information service provider, third party or OMF give any warranties, express or implied, as to the accuracy, adequacy, quality or fitness, timeliness, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet.
This site and certain data and/or information on, or accessible through, this site or certain services provided by or through this site, may become unavailable at any time without notice. OMF accepts no liability whatsoever to you or any other person for any loss or other consequence arising from or otherwise arising in connection with (i) any inaccuracy, incompleteness, incorrectness in, or delays, interruptions, errors or omissions in the delivery of the data, information or services or any other information or services supplied to you through this site or under the terms of any agreement with OMF, or (ii) any decision made or not made or action taken by you or any other person in reliance upon the data, information or services.
Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services. You acknowledge that no information service provider, third party nor OMF will be liable to you or any third party for any losses arising from such delay.
In no event will any information provider, third party or OMF be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of our services. OMF is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.
You may only use the data and information retrieved from this site for your own and non-commercial use. Copying and distribution of any of the contents of this site is strictly forbidden.
Commitment to privacy
OMF recognises its responsibility for, and is committed to, ensuring the privacy of your information.
This policy addresses privacy issues relevant to the Site including Online Trading facilities, OMF’s CTrader Demo Trading Platform and all services, programs and information that you use or otherwise access from time to time via the Site that are provided by OMF.
Access To Personal Information
You may ask to see your personal information that is held via the Site or that we have otherwise collected at any stage by emailing us. Where the information can be readily retrieved you will have access to it. You may also ask us to correct or alter any details about you that we hold. It is your responsibility to ensure that information provided to us is accurate.
Subject to the Privacy Act 2020 a fee for retrieval and correction may be charged.
We will enter into contracts with third parties to whom we have outsourced data storage functions which provide that the information shared with them will be ready accessible by us as and when needed.
You may delete your user details from the Site by emailing us.
Collection Of Information
You authorise us to collect personal information about you, any Attorney, Authorised Representative and Company Agent, for the purposes of carrying out your instructions, conducting our credit, identity verification and security checks, administering your Account, fulfilling our record keeping and other obligations under the law (including Applicable Securities Law), providing Online Trading facilities, and for other purposes relating to the Site and this Agreement. You agree that we may obtain this personal information from other sources as we reasonably require.
From time to time, OMF may collect additional personal information from you in connection with optional surveys, news updates or promotions. Providing this information is optional. Feedback from surveys will be used to improve the Site.
If you register with the Site, you will not be anonymous to us. OMF collects personally identifiable information upon registration, and when you provide information for surveys, news updates or promotions. OMF logs your IP address (the location of your computer on the internet) and the pages you visit whenever you use the Site. This is for system administration, statistical and troubleshooting purposes.
We will always explicitly ask for any information that personally identifies you.
Use Of Information
Your personal information will be used only for the purposes for which it is collected, and retained only for as long as is necessary to fulfil the purposes for which the information was collected (including any time that we are required by law to retain such information). We will not sell or rent your personal information to any third party.
You authorise us to hold and use information about your Account and personal information about you, any Attorney, Authorised Representative and Company Agent, for the purposes for which it was collected. We may hold such information through third parties as provided for below.
The Site automatically generates logs regarding your sessions on the Site, such as the features you use, the actions that you take, and the information that you access. We generally use this information in statistical and aggregate formats to assess the effectiveness of the Site and to better understand your priorities and interests.
Disclosure Of Information
You agree that we may transfer or disclose information about your Account and personal information about you, any Attorney, Authorised Representative and Company Agent:
(a) where you have authorised us to, or where disclosure is connected to the purpose for which it was collected – e.g. Online Trading;
(b) to third parties to whom we have outsourced data storage functions and these third parties may hold that information on our behalf for the purposes for which it was collected; and
(c) when required to, or permitted, by law (including Applicable Securities Law).
Information about your Account and personal information about you, any Attorney, Authorised Representative and Company Agent collected on the Site may also be transferred or disclosed to other OMF offices or third parties to whom OMF outsources certain functions (including data storage) where it is necessary for the purposes for which it was collected. By submitting information to the Site, you consent to transmission of such information across national boundaries.
You understand and acknowledge that for the purpose of making any disclosure permitted under this policy, we may need to disclose your personal information to a foreign person or entity that is not required to protect your personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020. You authorise us to make such disclosure to the relevant foreign person or entity.
Notwithstanding clauses 2 to 5 above, you expressly agree and acknowledge that in the event a notifiable privacy breach takes place in relation to your personal information, we are required to comply with the provisions of the Privacy Act 2020 (as may be amended) and be required to undertake requisite notifications and other actions. You understand and agree that we may disclose your personal information where we reasonably believe this is necessary in order to notify (or take other necessary or desirable action in relation to) a notifiable privacy breach under the Privacy Act 2020. For the purposes this clause, a notifiable privacy breach has the meaning given to it in section 112 of the Privacy Act 2020, being a privacy breach that it is reasonable to believe has caused serious harm to an affected individual or individuals or is likely to do so.
You acknowledge that we may not be permitted to advise you if we disclose information about you. Further, you agree and acknowledge that to the extent permitted by law we are not responsible to you or any other person(s) or entity if the disclosure is required by law or permitted in accordance with this policy.
A cookie is a small data file placed on your computer by our server. A cookie contains information about your visit to our Site. When you visit the Site again, our server will look for the cookie and structure itself based on the information provided. A cookie identifies your computer to our web server when you visit the Site. We do not use the cookie to collect or store personal information about you. OMF uses browser cookies to improve the speed and reliability of our security system.
Use Of Email
We do not spam or endorse the use of spam. We will not send emails to you that are unrelated to the Site, and we will not authorise any third party to use your email address to send you unsolicited emails.
If you are a registered user of the Site, we may use your email address to advise you of any upgrades or changes to the Site.
You agree that we may use your email address (or any instant messaging or mobile text address) to periodically send promotional messages from OMF about products and services, offers or updates relating to recent developments in our services that may be relevant to you.
To prevent unauthorised access, to maintain data accuracy and to ensure appropriate use of any information supplied by you, we have put in place physical, electronic and managerial processes to protect the information you provide on the Site.
Additionally, all stored user information is protected from unauthorised access through the use of secure passwords, user log-ons and other security procedures.
For more information about our security procedures, please email us.