Terms And Conditions

Operating under the name "FTCube," FTCube (England) Limited (15724221) is an Authorised Representative (No. 15724221) of FTCube (England) Pty Ltd, which holds a England Financial Services License (Licence No. 15724221).
This document, referred to as the “Terms,” along with the Account Opening Form, constitutes a comprehensive agreement between FTCube and its clients. It outlines the terms under which we provide General Advice and deal in various financial products, like stocks, bonds, securities, Forex, and cryptocurrencies, to retail and wholesale clients as defined by the Corporations Act. The Agreement covers all aspects of our clients' trading services.
Before opening an Account using FTCube Trading Tools (Tools), you are advised to understand the Agreement thoroughly. For any questions or if you require clarification on any part of the Agreement, feel free to contact us. Independent professional advice is recommended if any aspect is unclear. Unless otherwise agreed in writing, the Agreement is considered comprehensive and applicable to all trading services and Contracts you enter into with us. Any Instructions executed under this Agreement are legally binding. You acknowledge acceptance of the Agreement's terms and conditions by submitting your Account Opening Form in writing or electronically through our website or mobile application.
This Agreement replaces all previous client terms and conditions, including any amendments. It becomes effective either on the date specified in our notification or the date your new Account is opened.
We offer General Advice and deal in various financial products, including foreign exchange contracts, government debentures, and securities to retail and wholesale clients. If we provide General Advice, it should be noted that it is general in nature and does not take into account your personal objectives, circumstances, or needs. Before deciding to use our services, you should consider your own requirements. General Advice is offered without charge, and we do not provide Personal Advice under any circumstances.
We may introduce new services or products from time to time, which could be subject to specific terms and conditions.
Maintain the confidentiality of your Account Security Information. If you suspect unauthorized use, inform our Client Management Team in writing immediately. You bear responsibility for any outcomes arising from unauthorized access to your account.
We may suspend, withdraw, or restrict access to the Trading Platform without prior notice for security or service quality reasons. During suspension, you may close Open Positions but cannot enter new Contracts. We may also close your Open Positions at what we deem fair prices, and you agree not to hold us liable in such instances.
Terms that are capitalized in these Terms are defined in clause 25.

The FTCube service is delivered electronically, and by using it, you agree to receive relevant information about us and our trading services, including any updates, electronically. We won't provide paper copies of any documents related to the Agreement unless you request them, and we may charge an administrative fee for such requests.
In our dealings under the Agreement, we act as the principal and not as your agent. This means we are the direct counterpart in all your Contracts with us.
Unless stated otherwise in writing, your interactions with us will be as a principal, not as an agent or representative of someone else. You need to provide us with a list of individuals authorized to use our service and enter Contracts on your behalf, known as “Authorised Persons.”
You must promptly inform us when someone is added or removed as an Authorised Person. Changes become effective immediately upon notice, subject to our satisfactory verification of their identity. However, this doesn't impact previously executed Instructions or Contracts.
You agree to protect us from any losses incurred due to actions taken by an Authorised Person under this Agreement. After verifying their identity, the appointment of an Authorised Person remains valid until we receive and process a notice of their cancellation or replacement.
Unless you inform us otherwise, we'll assume all existing Authorised Persons are still authorized to conduct legally binding transactions with us.
We'll rely on and act upon Instructions from an Authorised Person regarding your Account. Actions taken by an Authorised Person will be considered actions taken by you and binding on you.
You are responsible for ensuring that each Authorised Person adheres to the terms of this Agreement.
We will categorize you as a Retail Client unless you meet the criteria for a Wholesale Client.
Our interactions under the Agreement are generally on an executiononly basis. While our staff may provide General Advice, they are not authorized to give Personal Advice. You should not consider any suggestions, market information, analysis, commentary, or communications from us as advice on the suitability of any Contract for you. It's your responsibility to make your own investment decisions regarding your Account.
We must gather details about your investment knowledge and experience to determine if certain services or products suit you. If they're not, we'll warn you about potential unsuitability and suggest ways to enhance your understanding before you proceed. However, we're not required to verify the appropriateness of any Instructions or Contracts you initiate with us. In cases where you don't provide us with the necessary information, or if it's inadequate, we might be unable to open an Account for you.
You are responsible for ensuring that all information you supply to us is accurate and up-to-date. It's essential to promptly inform us about any significant changes in your information, including changes in contact details, financial situation, or any other relevant data initially provided during Account opening or through other methods.
We offer various account types with different features that are suited for different products. We hold the discretion to decline the opening of any account without specifying reasons.
Your Account will be set in a default Base Currency, which is the United States Dollar (USD) and will operate with immediate currency conversion. This means all your transactions, including profits/losses, adjustments, and fees in other currencies, will be automatically converted to USD before being credited or debited from your account. Likewise, any funds you deposit in a non-USD currency will be converted to USD. Be aware that currency conversions might involve fees charged by your financial institution.
If your Account is jointly held:

• We may accept Instructions from any individual listed as a Joint Account Holder.
• Any Notice or communication related to the Agreement can be sent to any of the Joint Account Holders and will be considered as received by all.
• All Joint Account Holders are collectively and individually responsible for any losses and charges incurred in the joint Account as per the Agreement.
• The demise of any Joint Account Holder constitutes an Event of Default as per clause 12.
• In the event of the death of a Joint Account Holder, the Account will persist in the name(s) of the surviving holder(s), as per our rights under clause 12, until it is closed.

It's your choice whether to share your Tax File Number with us; not providing it is not illegal. However, suppose you choose not to provide your Tax File Number or inform us of your exemption eligibility. In that case, we or our Service Providers might need to withhold tax from your earnings at the highest marginal tax rate, including the Medicare levy, under the Pay As You Go system.
By giving us your Tax File Number, you consent to us sharing this information with our Service Providers.

Acceptance of Terms: By using the FTCube Trading Tools, which include but are not limited to the Trading Chart, Market Watch, Orders Book, News Feed, and Trade Script (collectively referred to as "Tools"), the user ("You") agrees to these Terms of Usage.
Use at Own Risk: You acknowledge and agree that you are using the Tools at your own risk. The Tools are provided on an "as is" basis and for informational purposes only.
No Financial Advice: The Tools are not intended to provide investment, financial, legal, or tax advice. You should seek advice from professional advisors before making any trading decisions.
Accuracy of Information: While efforts are made to ensure the accuracy and timeliness of information provided by the Tools, we do not guarantee the reliability, accuracy, completeness, or timeliness of any information provided by or through the Tools.
No Guarantees on Trading Outcomes: You understand that risks are associated with trading and that using the Tools does not guarantee profitable trading or protection from losses. You are solely responsible for your trading decisions and outcomes.
Proper Use: You agree to use the Tools for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Tools by any third party.
Limitation of Liability: We shall not be liable for any direct, indirect, incidental, special, or consequential damages, or for any loss of profit or revenue, that result from the use of, or the inability to use, the Tools.
No Unauthorized Access and Use: You must not attempt to gain unauthorized access to any part of the Tools or to any other protected information.
Changes and Availability: We reserve the right to modify, suspend, or discontinue the availability of any of the Tools at any time without notice.
Intellectual Property Rights: The intellectual property rights in all content, data, and materials used or appearing on the Tools belong to us or our licensors. You may not copy, distribute, or make derivative works from this content without express permission.
Indemnification: You agree to indemnify and hold harmless us, our affiliates, officers, agents, and employees from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of or related to your use of the Tools, your violation of these Terms, or your violation of any rights of another.
Amendments to Terms: We reserve the right to amend these Terms at any time. Your continued use of the Tools following any changes signifies your acceptance of the new terms.
Governing Law: These Terms are governed by and construed in accordance with the laws of the jurisdiction in which we operate without giving effect to any principles of conflicts of law.
Contact Information: If you have any questions or concerns about these Terms or the Tools, please contact us through the channels we provide.

Should you fail to:

• Fulfill your responsibilities as outlined in this Agreement or the Rules pertaining to a specific Transaction; and
• Complete payment or proper delivery for your Transactions by the designated settlement date,

you hereby grant permission to us, including our directors, employees, or agents, to:

• Execute the sale of any Securities linked to the Confirmation, those in your Account, or in our custody or control, on your behalf. This sale is at your risk and expense, covering brokerage fees, stamp duty, and other associated costs; and
• Utilize the sale proceeds to diminish any outstanding liabilities you owe to us.

In instances where we have borne extra costs, we will either offset these against your funds or issue a direct debit from your account or formally request payment from you.

As the holder, you maintain either legal or beneficial ownership of any Security. Consequently, you are responsible for managing any voting or other duties associated with these Financial Products, known as Corporate Actions.
In the event that we become aware of a situation necessitating your attention towards a Corporate Action, we may choose to notify you, though we are not required to do so. It is essential for you to provide us with uptodate personal information to facilitate this communication.
By agreeing to this Agreement, you acknowledge and consent that your decisions regarding Corporate Actions are distinct from and independent of the decisions we make under the terms of this Agreement.

Fees and charges will be established in each case separately under a special agreement between the contracting parties.

You are required to promptly make full payments under this Agreement or as legally obligated, including any negative balances in your account. These payments should come directly from an account in your name without involving third parties.
We reserve the right to decline and attempt to return payments made from third-party accounts or involving third parties. We bear no liability or responsibility for any loss, cost, or expense you incur as a result of such refusals or returns, including those arising from your default obligations to us.
To engage with our Tools, your Account must be prefunded. However, FTCube may, at its discretion, permit the purchase of Securities before the Account is funded.
Funds deposited via POLi (or other methods) are subject to a holding period until clearance at FTCube, which may take up to four business days. Post clearance, these funds become available for withdrawal by the customer.
By depositing funds, you affirm that these funds will not be used for any illicit or illegal purposes.
For payments made to us, unless specified otherwise:

• A minimum deposit may be required.
• The Account will be credited with the net amount after deducting bank fees, administrative charges, and any other costs associated with the transfer.
• We do not accept cheque payments.
• Physical cash or third-party payments are not accepted.

Payments owed to us can be made through:

• Online bank transfers.
• Sameday bank transfers.
• International transfers.
• Credit card payments or via electronic gateway providers approved by us.

Actions or Contracts will only be permitted when your deposited funds are fully cleared in our designated account.
Withdrawal requests authorize us to process transfers to your specified bank account.
We reserve the right to withhold any payments to you if:

• You have unrealized losses in your Account.
• You have pending payments due under this Agreement.
• There is an ongoing or potential dispute related to the Agreement, including any breach of these Terms by you.
• Legal obligations necessitate such withholding.

We reserve the right to identify a situation or exceptional market condition, in our reasonable judgment, as a Circumstance Beyond Our Control. Such circumstances include:
Events like strikes, lockouts, industrial disputes, riots, sabotage, acts of terrorism, wars (declared or not), uprisings, public disturbances, national crises (actual or by law), martial law, threats from nuclear, chemical, or biological agents, natural disasters, epidemics, quarantines, deliberate destruction, accidents, equipment breakdowns, fires, floods, cyclones, earthquakes, landslides, explosions, water scarcities, storms, power interruptions, utility failures, or disruptions in electronic, communication, or information systems;
Adherence to any law, government directive, or regulatory requirement, or any changes or amendments in laws, regulations, or rules (or their interpretation or enforcement by courts, tribunals, or regulatory bodies);
Any act, event, or occurrence that hinders our ability to conduct orderly trading or hedging in one or more of the Underlying Instruments we normally accept Instructions for under the Agreement;
The halt or closure of any exchange or market, or the abandonment or failure of any event upon which we base our pricing, or the imposition of trading limits or special or unusual conditions on any such exchange or market or event;
Significant fluctuations in the levels, or a notable loss of liquidity in, any Underlying Instrument, or our reasonable expectation of such occurrences;
Any malfunction or failure in transmission, communication, or computer systems, power outages, or equipment failures in electronic or communication systems;
Nonperformance by any relevant intermediary broker, exchange, clearing house, regulatory or selfregulatory body for any reason;
Any other situation preventing or impeding our ability to fulfill any or all of our obligations under the Agreement, which stems from or is related to an act, event, omission, or accident beyond our reasonable control.
In the event that we determine a Circumstance Beyond Our Control has occurred, we may, at our sole discretion and without any obligation to provide notice, at any time take any of the following actions:

• Close any Open Positions and/or cancel or carry out any actions;
• Refuse to accept or execute any actions;
• Undertake any other measures we deem reasonable in the circumstances to protect ourselves, our Associated Companies, or any of our clients.

In situations where there has been no fraud, intentional wrongdoing, or negligence on our part, we bear no responsibility for any loss, cost, claims, or demands for expenses resulting from a Circumstance Beyond Our Control.

By engaging with us and each time you perform an Action under this Agreement, you affirm and guarantee that:

• As an individual or group of individuals, you possess legal majority and capacity;
• For a corporate entity, it is properly established and incorporated, with full authority to enter this Agreement;
• The details you've provided in your Account Opening Form and any subsequent information, are accurate, truthful, and not misleading in significant ways, and you will promptly inform us of any changes;
• You will continuously disclose any information relevant to the functioning of this Agreement or your ability to remain financially solvent;
• You engage in this Agreement and perform Actions in your own capacity;
• You are fully authorized to execute and deliver this Agreement, and perform Actions that fulfill your obligations herein, having taken all necessary steps to authorize such actions;
• All Contracts formed under this Agreement are, and will be, your binding and enforceable obligations;
• You have all necessary authorizations and consents related to this Agreement and issuing Instructions, which are valid and fully compliant with their conditions;
• Your engagement and compliance with the Agreement and any Instruction do not contravene any applicable laws, rules, or agreements to which you are subject;
• Unless agreed upon otherwise, you will not transfer funds to or from your Account to any bank account not specified in your Account Opening Form or on the portal;
• All funds in your possession are legally yours and not obtained illegally;
• You will refrain from introducing any harmful software to our Trading Platform or Website;
• You will use the provided Price solely for your personal trading and not distribute it to others;
• You agree not to improperly link to our Website, resell, or permit others to access our Website without our explicit written consent;
• You will avoid any actions, alone or with others, that lead to unacceptable trading conditions, subject to our right for reimbursement or nullifying trades and related profits;
• You will not employ any devices, software, algorithms, or trading strategies that manipulate or unfairly exploit the Trading Platform;
• You commit to using our services in an honest, fair, and goodfaith manner.

If acting as a trustee of a trust, you affirm the following:

• The trust is legally valid and adheres to applicable laws;
• Your appointment as trustee is proper;
• You possess the right to be indemnified from trust assets for matters relating to this Agreement;
• You will fulfill your duties as the trust’s trustee;
• In case of a change in trusteeship, you will ensure the new trustee is bound by this Agreement and any related transactions to our satisfaction;
• You won’t redistribute, reallocate, or distribute trust assets without our consent unless required by the trust deed;
• You will not modify the trust deed without our written consent;
• If you are not the sole trustee, all trustees must agree in writing to adhere to this Agreement and associated transactions.

You declare and guarantee to us that any Contracts made with us are primarily for business or investment purposes and not for personal, domestic, or household purposes.

You agree to indemnify and protect us against all kinds of liabilities, claims, costs, expenses, and damages, including legal fees and litigation expenses, that arise from your or an Authorised Person’s negligence, errors, intentional misconduct, legal violations, or any breach of this Agreement, particularly in the event of an Event of Default.
Our liability, including that of our Directors, Licensee, Service Providers, officers, or agents, is not applicable for any issues, claims, demands, proceedings, liabilities, losses, damages, costs, and expenses unless they stem from our own negligence, fraudulent acts, or dishonesty, in situations such as

• Defaults on your part;
• Legal proceedings;
• Adhering to directives or requests;
• Miscommunications, omissions, or inaccuracies in your Instructions;
• Issues related to the relevant Exchange, its participants, or system failures;
• Circumstances beyond our reasonable control;
• Force Majeure events;
• Market fluctuations and inherent trading risks;
• Suspicious or illicit trading activities;
• Technical issues with the Website, mobile app, or Account access.

You also agree to compensate us for any damages, costs, and legal expenses incurred in enforcing this Agreement, even after its termination.
We are not liable for any direct or indirect damages incurred due to delays in processing payments to your account.
This Agreement does not seek to limit or exclude any liability we may have under statutory rights that are legally enforceable.
You acknowledge your liability for losses incurred from Contracts, irrespective of the trading resources available in your Account at the time of execution.
In accordance with relevant laws, we, along with our Licensee and Service Providers, exclude liability for losses arising from:

• Service disruptions, processing errors, or Transaction failures, which we will rectify as needed, including adjusting fees. You agree to refund any erroneous payments;
• Information or service delays;
• Acting on unclear Instructions;
• Service discontinuation;
• Legal or regulatory changes, or Force Majeure events.

Your obligation to indemnify us is proportionally reduced if our negligent or fraudulent actions contributed to the loss.
You are liable for losses from unauthorized Transactions if proven that you contributed to these through security breaches or delayed breach notifications.
Should you be liable under clause 14, you are responsible for actual losses occurring between realizing a security breach and notifying us.
Each indemnification in this Agreement remains valid, independent of your other obligations, and continues beyond this Agreement’s termination.
We are not required to incur expenses or engage in Transactions on your behalf prior to enforcing our indemnification rights.
You indemnify us, our Licensee, Service Providers, officers, employees, agents, and related bodies for losses arising from:

• Using the Service;
• Acting on your Instructions;
• Your Agreement breaches;
• Noncompliance with laws or rules;
• Your actions or those of your representatives.

You agree to indemnify us, our Licensee, Service Providers, and their members and associates against any losses, liabilities, or expenses resulting from our actions under this Agreement, breaches by you, false representations, or unauthorized instructions or fraud on your part, except in cases of our own negligence or fraudulent behavior. This indemnification extends to all involved parties.

When engaging in a Contract with us, our practice may involve hedging our obligations to you by establishing corresponding positions with third-party institutions of our choosing. Consequently, your Contracts might influence the external market for the relevant Underlying Instrument, potentially leading to scenarios where market manipulation could occur.
You assert and guarantee to us, with such assertions and guarantees considered reaffirmed each time you undertake an Action under the Agreement, that you will refrain from and have not undertaken any action using our platform and Website:
if doing so would cause you or anyone acting jointly with you to have an interest in the price of the Underlying Instrument that meets or surpasses a level where disclosure of interest is mandatory:

• any event related to placing, issuing, distributing, or similar activities;
• scenarios involving offers, takeovers, mergers, or analogous events;
• any form of corporate financial activity;

that violates any laws pertaining to insider trading, market manipulation, or other types of market misconduct.
If you violate any of the statements and warranties mentioned in clause 13, or if we have reasonable grounds to suspect such a violation, we reserve the right, at our sole discretion and without the necessity to explain our actions, to:

• Settle, reverse, correct, close, or cancel any Open Positions or open Contracts;
• Select the valuation date for open Contracts;
• Choose the method for calculating the value of open Contracts;
• Cancel any pending Orders;
• Invalidate an Instruction as though it never occurred;
• Reject any Action;
• Temporarily suspend your Account;
• Initiate new Contracts in your Account;
• Invoke any guarantees related to your obligations;
• Hold any amounts due to you against any potential liabilities you may have towards us;
• Apply our rights of offset as outlined in these Terms:
• Terminate the Agreement, close your Account, and cease acknowledging or executing any further Instructions;
• Implement reasonable measures to safeguard ourselves, our Associated Companies, or any of our other clients;
• Consider all your Actions void, particularly those yielding a profit, unless you can provide conclusive evidence within thirty (30) days to our satisfaction that you have not breached any of the representations and warranties in clause 13.

You recognize that we or our Associated Companies, or third-party service providers (or their respective licensors), own all proprietary and Intellectual Property Rights in the FTCube (Trading Platform), safeguarded under intellectual property and other applicable Laws. The Agreement does not confer any Intellectual Property Rights or other entitlements to you regarding the FTCube (Trading Platform), except as explicitly stated.
During the Agreement's duration, you are granted a personal, restricted, non-exclusive, revocable, and non-transferable license to utilize the FTCube (Trading Platform) strictly under the Agreement.
Parts of the FTCube (Trading Platform) may be licensed to us by third parties. You agree to abide by any additional terms and restrictions regarding your use of the FTCube (Trading Platform), which we may communicate to you following clause 21 or under a separate agreement between you and such licensors.
Unless explicitly allowed by the Agreement, you must not:

• Distribute any part of the Trading Platform to others;
• Copy or replicate any FTCube (Trading Platform) portion without our prior written consent;
• Alter, translate, or create derivative works from the Trading Platform;
• Reverse engineer, decompile, disassemble the FTCube (Trading Platform), or attempt to discern its source code;
• Engage in actions that might infringe upon or challenge the usage or rights of the FTCube (Trading Platform) by us, our Associated Companies, or third-party service providers.

If you become aware of any infringements of our Associated Company to our third-party service providers’ proprietary or Intellectual Property Rights in the FTCube (Trading Platform), you must inform us immediately in writing.
You affirm and guarantee your awareness of Laws applicable to the FTCube (Trading Platform) and that your usage of the FTCube (Trading Platform) adheres to all such Laws and the Agreement.
It's your responsibility to acquire, maintain, and ensure the compatibility of your electronic software, devices, and equipment. We are not liable for any data loss or damage to your software, computer, electronic devices, or telecommunications equipment due to the FTCube (Trading Platform) usage, except if caused directly by our negligence or deliberate fault.
You must safeguard your electronic devices and equipment against viruses and malware. We are not responsible for any loss due to your failure to do so. We will make reasonable efforts to ensure the FTCube (Trading Platform) and our Website are accessible and usable in line, based on this information, with the Agreement. However, we do not guarantee the FTCube) or our Website's performance, uninterrupted access, error-free operation, or compatibility with your equipment.
We may, at any time and with or without prior notice or cause, suspend or terminate any part of the FTCube (Trading Platform), our Website, or your access thereto for maintenance, repair, upgrades, or changes in functionality or availability.
We reserve the right to restrict or suspend access:

• If you fail to adhere to the Agreement's terms;
• For breaches of any access conditions, policies, or codes of conduct;
• If continued access could lead us to violate any laws or be complicit in such violations;
• If there are reasonable grounds to suspect involvement in activities breaching the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 or similar laws of other countries;
• If you face bankruptcy or insolvency.

We bear no responsibility for any loss due to delays, defects, or failures in the Trading Platform, nor for computer viruses or malware introduced through the Trading Platform, provided we've taken reasonable precautions.
Concerning market data, analysis, or other information provided in connection with the Trading Platform:

• We and any providers are not liable for inaccuracies or incompleteness;
• We and providers are not responsible for your actions based on this information;
• You agree to use this information only for purposes specified in the Agreement;
• This information is proprietary, and you agree not to disclose or distribute it;
• You agree to use this information in compliance with the Law
• You are liable for any fees associated with using the Trading Platform;
• If required, you will promptly submit information declarations or agree to license terms regarding using or redistributing this data or information.

We handle personal information collected with confidentiality, safeguarded, and subject to changes over time. Our collection of Personal Information is limited to what is required for the services under this Agreement. Details on how we manage personal data are outlined in our Privacy Policy, accessible on our Website or upon request.
We take reasonable measures to keep the information you share with us confidential, including any materials or data you produce, input, or generate while using our services. However, due to the nature of the Internet, we cannot guarantee the ongoing confidentiality of such information, materials, and/or data. Also, we fully comply with the GDPR directive. The essential information about how we adhere to this crucial regulation, ensuring the protection and respectful handling of your personal data in compliance with EU standards, is placed on the GDPR compliance page you may find on a separate page of our Website.
You acknowledge the risk that a third party may gain access to your confidential information. You explicitly absolve and protect us from any claims resulting from third-party interception, access, or receipt of any communication between you and us.
You consent to our disclosure of your personal and financial details, as well as information regarding any Authorised Persons, to our employees, representatives, officers, agents, affiliates, governmental entities, regulatory authorities, Internet service providers, or any other third-party agents or service providers as necessary for us to deliver, manage, or maintain our services, or as required by law.
We may share communications and information related to you with law enforcement and regulatory agencies in certain situations. Moreover, you agree to abide by all relevant laws concerning money laundering and counter-terrorism financing, including verifying the identity of anyone you represent in transactions with us.
By selecting the relevant options in your Account Opening Form, you give us and our Associated Companies or Partners permission to contact you regarding any aspect of our business or that of our Associated Companies or Partners. If you later decide against being contacted for direct marketing purposes, please notify our Client Management Team in writing.
You acknowledge and agree, and will ensure that each Authorised Person also understands and agrees, that we may record all telephone conversations with you and keep records of all emails and electronic communications to and from us. Such records are our property and may be used for dispute resolution, training, monitoring, and compliance.
You consent to us (or our agents) making a request to a credit reporting body for identity verification purposes as part of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 requirements. You also consent to share your personal information, including your name, address, and date of birth, for this purpose.

You acknowledge and accept that we may combine your deposited funds ('the Monies') with those of other clients in a single pooled account, which we will manage as per legal requirements.
You grant us the authority to:

• Retain any interest earned on the Monies and invest such funds in accordance with legal permissions;
• Deduct from the Monies any fees or payments due to us;
• Withdraw amounts from the Monies as you are entitled to under the law.

You understand and agree that when we utilize the Monies for legitimate purposes as described in section 18, these funds are no longer your property and do not represent a loan or form a trust for your benefit.

Subject to any legislative or regulatory requirements, the conflict resolution procedure described in this clause is applicable. Both parties are obligated to earnestly endeavor to settle any disagreements related to this Agreement or any associated transactions.
In case of any grievances concerning the Agreement or any aspect of your Account, you should address these with our Client Management Team.
Should there be an inability to resolve a conflict within 5 Days following one party's notification of the dispute to the other, either party may refer the matter to their respective Senior Officers (not applicable if the Client is an individual) by notifying the other. It is imperative that both parties ensure their Senior Officers engage constructively and strive to amicably settle the dispute within 10 Days of its escalation.
Nonetheless, this clause does not restrict your entitlements (where applicable) to escalate any dispute to an external conflict resolution body in which we are a participant.

For Notices to be effectively given under this Agreement via email:

• They must be directed to the most recent email address the recipient has provided to the sender; and
• The sender must retain a digital or physical copy of the sent Notice.

An email-delivered Notice is considered given when any of the following occurs:

• The sender receives an email confirmation from the recipient's system confirming delivery to the specified email address;
• The Notice enters into a system controlled by the recipient, or
• An employee or officer of the recipient first opens or reads the Notice.

You are responsible for

• Keep us updated with your latest contact details. Any changes should be communicated to our Client Management Team in writing; and
• Regularly check and read notices on the trading platform and our website.

Any non-Instruction communication from you to us must be conducted:

• via telephone;
• in writing, either through post or email;
• through any other method we may specify.
• Telephone, post, or email communications should be sent to the designated number, office address, or email address provided on our Website. Such communications are considered received by us only upon our actual receipt.

You acknowledge and agree that any failure or delay in receiving an electronic communication from us (or from you) under this Agreement, whether due to technical or electronic malfunctions, does not negate or affect the validity of that communication or any related Instruction. We are not liable for any loss or damage, regardless of cause, arising from any failure or delay in receiving email or other electronic communications.

We reserve the right to modify the terms of this Agreement and any transactions governed by it at any given time. We will notify you of any changes made. Your acceptance of these changes will be effective on
Ten (10) days after the date we send the notification.
On the date you engage in any Contract after the modification.
Any other changes to this Agreement require mutual written consent from you and us. If you choose not to agree to these amendments, you have the option to end the Agreement, and such amendments will not be applied retrospectively. However, terminating the Agreement under these circumstances does not waive any of your existing obligations or our rights concerning any open Contracts you hold.

This Agreement can be ended by either you or us by providing written notification of termination to the other party, which becomes effective immediately upon receipt. However, such termination does not impact any previously executed Contract or transaction, nor does it absolve either party from fulfilling any remaining obligations under this Agreement or from responsibilities stemming from Contracts made prior to the termination.
If we become aware or have grounds to suspect any of the following situations:

• You have submitted false or misleading information to us;
• Your involvement or assistance in money laundering or terrorism financing;
• You are under investigation by law enforcement or regulatory bodies;
• An Event of Default has occurred;
• An unforeseen Event Outside Our Control has taken place; We reserve the right to unilaterally end this Agreement immediately by notifying you. In such cases, we may, at our discretion, be exempt from any further obligations as outlined in this Agreement or related to transactions anticipated by this Agreement, including those from any Contracts already established with us.

In cases where discrepancies arise between these Terms, the Account Opening Form, and any other supplementary documents mentioned in the Agreement, their interpretative priority will be as follows:

• These Terms;
• The Account Opening Form; and
• Any other supplementary document mentioned in the Agreement.

Should there be any inconsistencies between the English version of a document included in this Agreement and its translation in another language, the English version takes precedence over any conflicting content.
The responsibility for settling all taxes related to your portfolio rests with you. We are not liable to inform you about changes in tax laws or regulations, and it is solely your responsibility to seek independent tax advice concerning your portfolio.
If a clause in the Agreement is deemed invalid or unenforceable, that clause will be excluded from the Agreement without affecting the validity or enforceability of the remaining clauses.
Any delay or failure on our part to enforce a right or remedy under this Agreement or by law does not amount to waiving that right or any other right or remedy, nor does it hinder or limit our ability to subsequently enforce that or any other right or remedy. No single or partial enforcement of any right or remedy precludes further enforcement of that or any other right or remedy.
Your rights or obligations under this Agreement cannot be assigned, transferred, sold, or in any way disposed of without our prior written consent. Conversely, we reserve the right to transfer our rights or obligations to another entity without your consent, provided such transfer would not be reasonably expected to harm a typical client. You are obliged to sign any documents (including a deed of novation) that we deem necessary for such a transfer. If you do not consent to our assignment of rights, you may terminate the Agreement. However, this termination does not affect any existing obligations you have or any rights we have concerning open Contracts you hold.
This Agreement is governed by and construed according to the laws of the England. Both parties irrevocably agree to the non-exclusive jurisdiction of the courts of the England.

Due to the complex nature of tax implications associated with investing in international Securities, which differ significantly from those in your local jurisdiction, it's advisable to consult a tax professional. This consultation is to determine if international Securities investments align with your specific financial situation and to understand if you can recover any withheld taxes.
In some regions, Securities might be subject to withholding taxes on income and dividends. These taxes are deducted in the currency of the country where they apply.
The appointed Custodian will apply withholding tax as per the local jurisdiction's laws. Note that these rates might vary from the treaty rates established between the England and the respective foreign nations.
While we will notify you of the amount of tax withheld, we do not undertake to assist or support any attempts to reclaim taxes withheld on Securities. It's important for you to consider the potential financial impact of this.
If you earn income from foreign sources, you may be subject to taxation on this income and might need to report it in your England tax filings.
We are not liable for any tax consequences arising from your investments. It is your responsibility to keep your information current with the relevant authorities. Although we facilitate the filing of forms like W8BEN through our Service Providers, we cannot be held accountable for any negative tax implications that may arise.

In this document, except where the context requires otherwise:

• A "clause" refers to a section within this document.
• References to laws, statutes, secondary legislation, regulations, or regulatory body rules apply to such norms as they are modified and currently in effect, including any new legislation that replaces or integrates the original laws.
• All references to time or dates pertain to Melbourne, Australia's local time and dates.
• Mentions of one gender are inclusive of all genders.
• Terms like "include," "including," and similar phrases are to be seen as examples and do not restrict the broader interpretation of the preceding words or phrases.

The titles of clauses in this document do not impact their interpretation.
Here, a "person" encompasses individuals and legal entities, including unincorporated entities with or without separate legal status and their legal successors and authorized assignees.
this document, capitalized terms are defined as follows:

• Account: Your registered account with us.
• Account Holder: The individual named as the owner of the account.
• Account Security Information: Identification details like account numbers and passwords you use to access the Trading Platform, as provided by us.
• Agreement: This set of Terms and Conditions, including any amendments.
• Associated Company: Any parent or subsidiary company of ours and any subsidiaries of such a parent company.
• Business Day: Any day not Saturday, Sunday, or a public holiday in Victoria, Australia.
• Confirmation: The notice we send upon the execution or partial execution of a Transaction.
• Currency: Legally recognized forms of money traded on foreign exchange markets.
• Currency Conversion: The buying or selling of Currency per your instructions.
• Custodian: The custodial entity appointed by us or our Service Providers.
• Exchange: Any recognized stock exchange, whether in the USA, Australia, or internationally.
• Fees and Charges: Fees and/or charges as listed on our Website or mobile app.
• Force Majeure: Any delay or failure in meeting our obligations due to circumstances beyond our reasonable control, including issues with telecommunications, internet providers, computer hardware/software, or email communication..
• Information: Various data and content provided by us and Service Providers, including account details, market updates, news, analysis, notifications, and financial service and product data.
• Instructions: Your directives to us for executing Transactions.
• Law: Laws and regulations of the England and its regulations.
• Listed Entity: A company with shares traded on an Exchange.
• Mobile Application: The FTCube mobile app is available in Android, iOS, or other mobile formats.
• Internet: The global network of interconnected computer networks, including any online trading platforms we provide.
• Transactions: The purchase or sale of Securities, locally or internationally, executed by us on your behalf per your Instructions.
• Terms: This document is titled ‘Terms and Conditions'.