OMF cTrader Demo Account

Terms of Use

1. Terms of use are binding

1.1 These terms of use apply to OMF’s CTrader Demo Trading Platform (Platform).
1.2 By logging on to, accessing, browsing or otherwise using the Platform and creating an account (Demo Account), you acknowledge that you have read, understood and agree to be bound by these terms of use and all applicable laws.
1.3 These terms of use should be read in conjunction with OMF’s Website Terms and Conditions which are available at www.omf.co.nz and by agreeing to the terms of use you are also agreeing to these.
1.4 Where there is a conflict between OMF’s Website Terms and Conditions and these terms of use, we will decide which will apply.
1.5 In these terms of use:

(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
(e) any logon ID you create and the content of the Platform or your Demo Account are confidential, and are not to be shared, distributed, reproduced or otherwise used in any way that is inconsistent with these terms of use or without our express consent.

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).

5. Indemnity

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;
(b) any breach by you of these terms of use; or
(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 in[email protected]

8. Recordings

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.

10. Amendments

We may amend these terms of use in whole or in part from time to time. Amendments will be effective immediately upon posting of the amended terms of use on our website and no further notification is required.

11. General terms

11.1 You may not assign or transfer any of your rights or obligations under these terms of use to another person without our prior written consent.  Any such assignment or transfer in violation of this clause will be ineffective and invalid.
11.2 These terms of use represent the entire agreement and understanding between you and us with respect to your use of the Platform and supersede any other agreement or understanding in relation to the Platform, written or oral, between you and us.
11.3 All provisions in these terms of use providing for any indemnity or limitation on liability or disclaimer of liability survive any cessation of use of the Platform.
11.4 If we are permitted to make any decision or do anything under these terms of use, we can do so at our sole discretion.
11.5 If any part of these terms of use is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, that determination will not prevent us enforcing the remaining parts of these terms of use.
11.6 These terms of use will be governed by and construed in accordance with the law of New Zealand and all users irrevocably submit to the non-exclusive jurisdiction of the New Zealand courts.