Terms & Conditions

This website is operated by Forex Sport Pty Ltd (ACN 147 363 175), the holder of Australian Financial Services Licence No. 401379 and trading as “Forex Sport”, “we”, “us” or “our”. These terms apply to every visitor to the website.

Where you enter into a foreign exchange transaction with us, that transaction is governed by our Client Agreement and Product Disclosure Statement. If there is any inconsistency between these website terms and the Client Agreement or PDS, the Client Agreement and PDS prevail to the extent of the inconsistency.

Any advice on this website is general advice only. It does not take into account your objectives, financial situation or needs. You should obtain and read our FSG and PDS, and consider seeking independent financial, taxation and legal advice, before deciding to use our services.

You may use this website only for lawful purposes and in accordance with these terms. You agree not to use the website in any way that breaches any applicable law, infringes another person’s rights, or interferes with the operation, security or availability of the website.

Information on this website is provided for general information only and may change without notice. We do not warrant that the website will be uninterrupted, error-free or free of harmful components.

Access to our online client portal requires multi-factor authentication. You are responsible for keeping your login credentials confidential and for all activity conducted through your account.

You may appoint one or more Authorised Persons to give instructions on your behalf, and you are responsible for all instructions given by them until you revoke that authority in writing. If you believe your credentials have been compromised, you must contact us immediately on 03 9008 1880.

All content on this website — including text, graphics, logos, icons, images and their arrangement — is owned by or licensed to Forex Sport and is protected by Australian and international intellectual property laws. You may not reproduce, distribute, modify or create derivative works from any part of this website without our prior written consent, except as permitted by law.

Acting reasonably, we may exercise various discretions under the Client Agreement, including to:

• reject or close an account
• adjust the rate available to you
• refuse instructions
• close out a foreign exchange transaction
• void, close, cancel or adjust any instructions or transactions
• restrict access to the online platform
• introduce new costs and charges or pass on costs incurred by us
• charge interest on monies owed
• withhold payments and withdrawals

In exercising a discretion we have regard to our commercial objectives, including compliance with our AFSL obligations, the maintenance of our reputation, competitive market forces and the management of operational, counterparty, liquidity and market risk. Unless we consider it necessary to act without notice, we will advise you before exercising a discretion where reasonably possible.

A manifest error is a quoting or execution error, including a mistyped rate, a rate that is not representative of fair market prices, or an erroneous rate arising from hardware, software or data-feed failure. We will not be bound by any transaction entered into at a price that is, or should reasonably have been, known to be materially incorrect. If you believe a manifest error has occurred, you must notify us within one business day, and we will respond within ten business days.

We may determine that a force majeure event exists, upon which our obligations are automatically suspended. A force majeure event includes a breakdown of transmission, communication or trading systems; acts of God, war, terrorism or civil commotion; exceptional market conditions; governmental or regulatory actions; pandemics; cyberattacks beyond our reasonable control; or any other event that in our reasonable opinion prevents orderly market operation.

Events of default include failure to make payment when due; breach of the Client Agreement; circumstances we believe may adversely affect your ability to perform your obligations; potential violations of applicable legislation or AML/CTF laws; insolvency events; and death or legal incapacity.

On an event of default we may, without notice, close out foreign exchange transactions, void instructions, exercise set-off rights, convert cash balances, charge interest at 2% per calendar month, and close your account. Any loss arising from a close-out is a debt immediately due and payable by you to us.

To the extent permitted by law, we are not liable to you for any loss (including indirect or consequential loss) arising from negligence, breach of contract, misrepresentation or breach of statutory provision in connection with any transaction, our online platform or any of our dealings with you, except to the extent caused by our gross negligence, fraud or dishonesty.

You agree to fully indemnify Forex Sport and its affiliates against any liabilities, costs, claims, damages and expenses arising from the Client Agreement; your instructions or those of an Authorised Person; any transaction; any breach of the Client Agreement; or any misrepresentation by you.

You may not assign your rights or obligations under the Client Agreement without our prior written consent. We may assign our rights or delegate our obligations on giving you at least one month’s written notice.

Notices may be given in person, by post, by email, by SMS or by website message, and are deemed received in accordance with the Client Agreement. You are responsible for ensuring we hold your current contact details. Our rights and remedies are cumulative and not exclusive of those provided by law, and no waiver of a term operates as a waiver of any future breach.

The cooling-off provisions of the Corporations Act 2001 (Cth) do not apply to foreign exchange transactions. Once a transaction has been entered into, it is binding on both parties.

If any term of these terms or the Client Agreement becomes illegal, invalid or unenforceable in any jurisdiction, the remaining terms continue in full force and effect.

These terms and all dealings with us are governed by the law of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria. This website does not constitute an offer or invitation in any jurisdiction where it would be unlawful to make such an offer, and our services are not available to persons in the United States of America.

We may update these terms from time to time by posting the updated version on this website. The version published here is the current version and applies from the date shown above. Please review these terms periodically.