OMF cTrader Demo Account
(a) you or your means a person using or accessing the Platform and includes any agent, contractor or representative; and
(b) OMF, we, us or our means OM Financial Limited.
2. Status and use of the Platform
By using the Platform, you acknowledge and agree that:
(a) your right to use the Platform is a personal right from the date on which your Demo Account was established, unless we agree otherwise;
(b) the Platform is a virtual environment only and you do not acquire any rights as a result of using the Platform including any right to receive any profits shown on the Platform;
(c) access to the Platform does not constitute a customer relationship with OMF and we do not incur any liability or responsibility towards any person or entity as a result of your access to the Platform;
(d) OMF is not obliged to establish a customer relationship or any kind of account for you, or any other person; and
3. Our rights
We may suspend or close the Platform, or terminate or suspend your right to access or use your Demo Account or the Platform or take any other step we consider appropriate in relation to your use of the Platform, at any time for any reason and without notice to any person. We will not be liable to any person if we take any step under this clause.
4. Extent of our liability to you
OMF, its directors, shareholders, affiliates, officers, employees, advisers and agents are not responsible to you or any third party for any loss or damage of any kind arising out of or in connection with the access to or use of the Platform or the information (or any omission of information), or any reliance on any information, provided on or through the Platform. This exclusion applies whatever the nature of loss or damage you may sustain and however liability might arise (including for breach of contract or in tort, including negligence). Nothing on the Platform constitutes a recommendation or an opinion in relation to the acquiring or disposing of (including refraining from acquiring or disposing of) a financial product (as defined in the Financial Advisers Act 2008).
You agree to unconditionally and irrevocably indemnify, defend and hold harmless OMF, its directors, shareholders, affiliates, officers, employees, advisers and agents, from any and all liability, loss, claim and expense (including solicitor costs) incurred or suffered by OMF or such other person arising from:
(a) your access and/or use of the Platform;
(c) reliance by you on any information obtained through the Platform.
6. Ownership of the Platform
All material contained on the Platform, including (without limitation), all information, text, graphics, software, tools, advertisements, names, logos and trademarks is protected by copyright and intellectual property laws unless expressly indicated otherwise. The Platform, and all rights, title, and interest in and to the material contained on the Platform, are owned, licensed or controlled by us, or the party credited. You may not share, copy, or permit to be copied, any part of the Platform, or otherwise allow any part of the Platform to be duplicated or to be re-created.
7. Use of Personal Information
We will use your email address to advise you of any upgrades or changes to the Platform. We may from time to time contact you in regards to other products and services offered by OMF. If you do not wish to be contacted by OMF about matters that are unrelated to the Platform, then please email [email protected]
You agree that we may:
(a) record electronically your telephone conversations with us, with or without an automatic tone warning device. If there is a dispute or anticipated dispute between you and us, you have the right to listen to any recording of those conversations;
(b) use recordings or transcripts from such recordings for any purpose which we deem desirable, including their use as evidence in any dispute or anticipated dispute between you and us; and
(c) maintain a transaction log of all electronic communications. You agree not to dispute the validity or enforceability of electronic communications and waive any right to raise any defence based on the absence of writing.
9. Resolution of disputes/errors.
We are committed to handling all complaints in a fair and efficient manner and will ensure that all complaints are promptly, thoroughly and fairly investigated and any appropriate action is taken. Our response may reflect, however, that the Platform is a virtual environment only and does not create any rights for you. In the first instance, if you wish to complain, you should contact OMF by phone or email or by a written complaint addressed directly to your OMF broker and/or the OMF Operational Risk and Compliance Manager. Most complaints can be dealt with over the telephone with any remedial action confirmed to you in writing if appropriate.
11. General terms