Terms and Conditions
Please read these terms and conditions carefully before using our services
Last Updated: March 1, 2025. These Terms and Conditions supersede all previous versions.
Table of Contents
- 1. Introduction
- 2. Definitions
- 3. Account Registration
- 4. Services
- 5. Trading Conditions
- 5b. Investor Account Tiers
- 6. Trading Platform
- 7. Deposits and Withdrawals
- 8. PAMM/MAMM Accounts
- 9. Copy Trading
- 10. Crypto Staking
- 11. Fees and Charges
- 12. Risk Disclosure
- 13. Privacy and Data Protection
- 13b. Compliance Provisions
- 14. Intellectual Property
- 15. Limitations of Liability
- 16. Termination
- 17. Complaints Procedure
- 18. Modifications to Terms
- 19. Governing Law
- 20. Contact Information
1. Introduction
These Terms and Conditions (the "Agreement") constitute a legally binding agreement between you (the "Client", "you", or "your") and FMA Capital (the "Company", "we", "us", or "our"), a company incorporated under the laws of [Jurisdiction], with registration number [Registration Number], having its registered address at [Company Address].
By accessing our website, registering an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with these terms, please do not use our services.
This Agreement, together with our Privacy Policy, Risk Disclosure Statement, and any other documents referenced herein, governs your use of our online trading platform, services, and related products.
2. Definitions
In this Agreement, the following terms shall have the meanings assigned to them unless the context requires otherwise:
- "Account" refers to the trading account(s) opened by the Client with the Company for the purpose of trading financial instruments.
- "Client Area" refers to the secure online portal where Clients can manage their accounts, deposit and withdraw funds, and access various services.
- "Trading Platform" refers to the electronic trading system provided by the Company for executing trades, including all associated software, applications, and tools.
- "Financial Instruments" refers to Contracts for Difference (CFDs) on currencies, cryptocurrencies, commodities, indices, stocks, and any other instruments offered by the Company.
- "PAMM" refers to Percentage Allocation Management Module, an investment solution allowing investors to allocate funds to money managers.
- "MAMM" refers to Multi-Account Management Module, a system allowing money managers to manage multiple trading accounts simultaneously.
- "Copy Trading" refers to the service enabling Clients to automatically copy the trades of other traders.
- "Crypto Staking" refers to the process of holding cryptocurrency to support the operations of a blockchain network and earn rewards.
- "KYC" refers to Know Your Client procedures, including identity verification and other due diligence measures.
- "Margin" refers to the collateral required to open or maintain leveraged trading positions.
3. Account Registration
3.1 Eligibility
By opening an account with us, you declare and warrant that:
- You are at least 18 years old or the age of legal majority in your jurisdiction, whichever is higher;
- You have full legal capacity to enter into this legally binding agreement;
- You are not a resident of a jurisdiction where trading the financial instruments offered by the Company is prohibited;
- You are not a resident of the United States, Canada, Japan, Australia, or any other jurisdiction where the use of our services would be contrary to local laws and regulations;
- You are acting solely on your own behalf and not on behalf of any other person;
- All information and documents provided during the registration process are true, accurate, and complete.
3.2 Account Opening Process
To open an account, you must complete the registration form on our website and provide all required documentation for identity verification in accordance with our KYC procedures. The Company reserves the right to request additional information or documentation at any time.
You agree to notify us immediately of any changes to your personal information, contact details, or financial circumstances that may affect your trading activities.
3.3 Account Types
The Company offers various account types with different features, trading conditions, and minimum deposit requirements. Details of each account type are available on our website. The Company reserves the right to modify account types and their features at any time with notice to clients.
3.4 Security and Access
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
The Company may implement additional security measures, such as Two-Factor Authentication (2FA), to protect your account. You agree to comply with all security procedures we implement.
4. Services
4.1 Overview of Services
The Company provides online trading services for various financial instruments, including but not limited to:
- Forex (currency pairs)
- Cryptocurrencies
- Commodities
- Indices
- Stocks (CFDs)
Additionally, the Company offers the following investment services:
- PAMM/MAMM account management
- Copy trading
- Signal provider services
- Cryptocurrency staking
4.2 Availability of Services
Services are generally available 24 hours a day, 5 days a week for forex trading, and 24/7 for cryptocurrency trading, except during scheduled maintenance periods, system upgrades, or force majeure events.
The Company reserves the right to suspend or limit any service at its discretion, particularly during periods of market volatility, low liquidity, or technical issues.
4.3 Execution of Orders
The Company will execute Client orders in accordance with its Order Execution Policy, which is available on our website. By accepting these Terms and Conditions, you also accept our Order Execution Policy.
The Company does not guarantee that an order will be executed at a specific price or time. Market conditions, liquidity, technical issues, or other factors may affect execution prices and times.
5. Trading Conditions
5.1 Leverage and Margin
Trading with leverage involves significant risk of loss. The Company offers various leverage options based on account type, client classification, and the financial instruments being traded.
You are required to maintain sufficient margin in your account to keep your positions open. If your margin level falls below the required threshold, the Company may issue a margin call or close some or all of your open positions (stop out) in accordance with our Margin Policy.
The Company reserves the right to change leverage and margin requirements at any time, particularly during periods of actual or expected market volatility.
5.2 Spreads and Commissions
The Company charges spreads (the difference between buy and sell prices) and/or commissions for executing trades. Current spread and commission information is available on our website and trading platform.
Spreads may be fixed or variable depending on the account type and market conditions. During times of low liquidity or high volatility, spreads may widen significantly.
5.3 Swap Rates (Overnight Financing)
Positions held open overnight may be subject to swap rates (overnight financing charges or credits). Swap rates vary by instrument and are calculated based on prevailing market interest rates and a markup determined by the Company.
Triple swap charges apply on Wednesday for forex positions (or on Friday for some instruments) to account for the weekend.
Islamic (swap-free) accounts are available for clients who cannot receive or pay interest due to religious beliefs. Special terms and conditions apply to these accounts.
5.4 Corporate Actions
For CFDs on stocks and indices, corporate actions (such as dividends, stock splits, and mergers) may affect your positions. The Company will make appropriate adjustments to your account to reflect the impact of such corporate actions.
5.5 Negative Balance Protection
Subject to applicable regulations and account type, the Company may offer Negative Balance Protection, which ensures that clients cannot lose more than the total funds in their trading account. In extreme market conditions, if an account balance becomes negative, the Company will reset the balance to zero.
5b. Investor Account Levels
Starter Account
Portfolio Balance: $100 – $9,999
- Basic access to managed account services
- Monthly performance summary
- Standard support
- Ideal for new investors to get started
Bronze Account
Portfolio Balance: $10,000 – $99,999
- Standard spreads
- Full access to managed trading services
- Performance reports included
- Secure withdrawal processing
Silver Account
Portfolio Balance: $100,000 – $999,999
- All Bronze features
- Low spreads
- Enhanced portfolio review sessions
- Priority support access
Gold Account
Portfolio Balance: $1,000,000 – $4,999,999
- All Silver and Bronze features
- ECN credits applied for trading efficiency
- Dedicated account analyst
- Custom risk profiling
Platinum Account
Portfolio Balance: $5,000,000 – $49,999,999
- All Gold features
- Fee-free investor wallet provider BNB conversions
- Increased ECN rebate structure
- Exclusive access to new trading strategies
Elite Account
Portfolio Balance: $50,000,000+
- All Platinum features
- VIP liquidity access
- Priority fund processing
- Personalized investment scaling plan
- Direct communication line with senior management
6. Trading Platform
6.1 Platform Access
The Company provides access to various trading platforms (such as MetaTrader 4, MetaTrader 5, and WebTrader). You are granted a limited, non-exclusive, revocable license to use the trading platform solely for the purpose of receiving our services.
You may download and install platform software on compatible devices in accordance with the End User License Agreement (EULA) provided by the platform developer.
6.2 Technical Requirements
You are responsible for ensuring that your devices and internet connection meet the minimum technical requirements for using our platforms. The Company is not liable for any issues arising from inadequate equipment or connectivity.
6.3 Platform Limitations and Risks
Electronic trading systems are inherently vulnerable to temporary disruption or failure. In the event of platform downtime, you may contact our customer support to place orders via alternative means.
The Company is not liable for any losses resulting from:
- System or connection failures
- Delays in the platform operation
- Hardware or software defects
- Malware or cyber attacks
- Data loss or corruption
- Unauthorized access to your account
6.4 Automated Trading
The use of Expert Advisors (EAs), scripts, and other automated trading systems is permitted unless otherwise specified. However, the Company reserves the right to block or terminate accounts that employ certain automated strategies if they are deemed to be disruptive or manipulative.
You are solely responsible for any trades executed by automated systems under your account. Technical failures, coding errors, or unexpected market conditions may result in losses for which the Company bears no responsibility.
7. Deposits and Withdrawals
7.1 Funding Methods
The Company accepts deposits via various payment methods as listed on our website. The availability of payment methods may vary by country and may change over time.
All deposits must originate from accounts or payment instruments in your name. Third-party payments are not accepted.
7.2 Deposit Processing
The Company will credit deposits to your trading account after the funds have been received in the Company's bank account or payment processor account. Processing times vary depending on the payment method used.
The Company reserves the right to request additional verification documents before crediting deposits to your account.
7.3 Withdrawal Requests
Withdrawal requests must be submitted through the Client Area. Funds will generally be sent back to the same source from which they were deposited.
Withdrawal processing times vary depending on the payment method and may take from 1 to 7 business days after approval.
The Company reserves the right to:
- Require additional verification before processing withdrawals
- Decline withdrawal requests to payment methods other than the original deposit source
- Deduct any applicable fees from the withdrawal amount
- Delay withdrawals if the account has not been fully verified
7.4 Fees and Charges
The Company may charge fees for deposits and withdrawals depending on the payment method used. Current fee schedules are available on our website.
You are responsible for any fees or charges imposed by your bank or payment provider, which are separate from and in addition to any fees charged by the Company.
8. PAMM/MAMM Accounts
8.1 PAMM/MAMM Service Description
The Company offers PAMM (Percentage Allocation Management Module) and MAMM (Multi-Account Management Module) services that allow Clients to invest funds with experienced money managers or to become managers themselves.
PAMM accounts pool investors' funds into a single trading account, with profits and losses distributed proportionally based on each investor's share.
MAMM accounts maintain separate trading accounts for each investor while allowing the manager to execute trades across all accounts simultaneously.
8.2 Manager Selection and Monitoring
The Company provides performance statistics and risk metrics for PAMM/MAMM managers but does not guarantee their future performance or make any recommendations. Clients are solely responsible for selecting managers based on their own research and risk tolerance.
The Company performs due diligence on managers but does not guarantee their reliability, trading expertise, or financial stability.
8.3 Fees and Profit Distribution
PAMM/MAMM managers may charge performance fees (typically a percentage of profits generated) and/or management fees (typically a percentage of assets under management).
Fees are clearly disclosed in each manager's offer terms and are automatically calculated and deducted according to the agreed schedule.
8.4 Deposits and Withdrawals from PAMM/MAMM
Deposits to and withdrawals from PAMM/MAMM accounts are processed according to each manager's rollover schedule (daily, weekly, or monthly).
Withdrawal requests outside the standard rollover schedule may be subject to special terms or additional fees as specified in the manager's offer.
8.5 Risks of PAMM/MAMM Investments
Investing in PAMM/MAMM accounts involves significant risks, including but not limited to:
- Potential loss of part or all of your investment
- Dependence on the manager's trading skills and decisions
- Limited liquidity due to rollover schedules
- Possible conflicts of interest between manager and investors
Past performance is not indicative of future results. The Company does not guarantee any returns on PAMM/MAMM investments.
9. Copy Trading
9.1 Copy Trading Service Description
Copy Trading is a service that allows you to automatically copy the trades executed by other traders (Strategy Providers). When a Strategy Provider opens a position, the same position will be opened in your account proportionally based on your settings.
You can customize the amount allocated to each Strategy Provider and set risk limitations, such as maximum drawdown or leverage restrictions.
9.2 Risks of Copy Trading
Copy Trading involves significant risks, including:
- The Strategy Provider's trading strategy may not be suitable for your financial situation or risk tolerance
- Past performance is not indicative of future results
- Technical issues may affect the copying process, resulting in missed trades or delayed execution
- Strategy Providers may change their trading style or risk profile without notice
- Potential conflicts of interest between Strategy Providers and Copiers
By using the Copy Trading service, you acknowledge these risks and accept full responsibility for your investment decisions.
9.3 Fees and Compensation
The Company may charge fees for using Copy Trading services, which may include subscription fees or performance-based fees. The current fee structure is available on our website.
Strategy Providers may receive compensation based on the number of Copiers following their strategies or the performance of those strategies. These compensation arrangements are disclosed in each Strategy Provider's profile.
9.4 Your Responsibility
You remain solely responsible for all investment decisions made through the Copy Trading service. You should regularly monitor the performance of your copied trades and make adjustments as necessary.
The Company does not provide any guarantees regarding the profitability of Copy Trading and does not recommend any specific Strategy Providers.
10. Crypto Staking
10.1 Staking Service Description
Crypto Staking allows you to earn rewards by locking up your cryptocurrency holdings for a specific period to support blockchain network operations. The Company facilitates this process by handling the technical aspects of staking on your behalf.
10.2 Staking Terms
Staking terms vary by cryptocurrency and may include:
- Minimum staking amounts
- Lock-up periods during which you cannot withdraw your staked assets
- Reward distribution schedules (daily, weekly, or monthly)
- Annual percentage yields (APY) which are variable and not guaranteed
Specific terms for each cryptocurrency are provided before you initiate staking and are subject to change based on market conditions and network parameters.
10.3 Risks of Crypto Staking
Staking cryptocurrencies involves various risks, including but not limited to:
- Market risk: The value of staked assets may decline during the staking period
- Liquidity risk: Staked assets cannot be traded or withdrawn until the end of the lock-up period
- Technical risk: Blockchain network issues or validator failures may affect rewards
- Regulatory risk: Changes in regulations may impact staking operations or rewards
- Slashing risk: Some blockchain networks may penalize validators for improper behavior, potentially affecting your staked assets
10.4 Staking Rewards
Staking rewards are calculated based on the network's protocol and may fluctuate over time. The Company may charge a fee from the staking rewards as compensation for providing the staking service.
Rewards distribution is subject to successful validation on the relevant blockchain network. The Company cannot guarantee specific reward amounts or distribution times.
11. Fees and Charges
11.1 Trading Fees
The Company charges the following fees for trading activities:
- Spreads (the difference between buy and sell prices)
- Commissions (on certain account types and instruments)
- Swap rates (overnight financing for positions held open overnight)
- Inactivity fees (applicable to accounts with no trading activity for a specified period)
Current fee schedules are available on our website and trading platform. Fees may vary based on account type, trading volume, and market conditions.
11.2 Service Fees
Additional fees may apply for specific services:
- Deposit and withdrawal processing fees
- Currency conversion fees
- PAMM/MAMM management and performance fees
- Copy Trading subscription or performance fees
- Signal Provider subscription fees
- Crypto Staking service fees
- Account maintenance fees
11.3 Fee Changes
The Company reserves the right to modify its fee structure at any time with prior notice to clients. Changes to fees will be announced through the Company's website, email notifications, or the trading platform.
Continued use of our services after fee changes have been implemented constitutes acceptance of the new fee structure.
12. Risk Disclosure
12.1 General Risk Warning
Trading financial instruments, including forex, cryptocurrencies, CFDs, and other derivatives, involves significant risk and may not be suitable for all investors. You may lose some or all of your invested capital.
You should not invest money that you cannot afford to lose. Before trading, you should carefully consider your investment objectives, experience level, and risk tolerance.
12.2 Leverage Risk
Trading on leverage can work against you as well as for you. It magnifies both profits and losses, making it possible to lose more than your initial investment. Higher leverage increases the risk of significant losses in volatile market conditions.
12.3 Market Risks
Markets can be highly volatile and can fluctuate rapidly in response to events such as:
- Economic data releases
- Political developments
- Central bank announcements
- Company news
- Natural disasters
- Technological changes
- Market sentiment
Such volatility can lead to rapid price movements and potential losses.
12.4 Technological Risks
Electronic trading platforms are subject to various technological risks, including:
- System failures or malfunctions
- Delays in execution
- Internet connectivity issues
- Hardware or software failures
- Security breaches
These issues may result in the inability to place or modify orders, or in orders being executed at prices different from those visible at the time of order entry.
12.5 Cryptocurrency Risks
Cryptocurrencies are subject to additional risks:
- Extreme price volatility
- Regulatory uncertainty
- Technological vulnerabilities
- Limited liquidity in some markets
- Fork events that may create new cryptocurrencies or change existing ones
- Security risks related to storage and transfer
12.6 Third Party Risks
Investments in PAMM/MAMM accounts, Copy Trading, and following Signal Providers involve additional risks related to the performance and decisions of third parties managing your investments.
The Company does not guarantee the performance of any manager, Strategy Provider, or Signal Provider, and past performance is not indicative of future results.
12.7 Risk Acknowledgment
By using our services, you acknowledge that you have read and understood the risks involved in trading and investing. You accept that you are solely responsible for your investment decisions and the potential outcomes of those decisions.
The Company provides a Risk Disclosure Statement as a separate document, which forms an integral part of this Agreement. You confirm that you have read, understood, and accepted the Risk Disclosure Statement.
13. Privacy and Data Protection
13.1 Data Collection and Use
The Company collects and processes personal data in accordance with applicable data protection laws and its Privacy Policy, which is available on our website and forms an integral part of this Agreement.
By accepting these Terms and Conditions, you consent to the collection, processing, and use of your personal data as described in our Privacy Policy.
13.2 Confidentiality
The Company treats all client information as confidential and will not disclose it to third parties except:
- When required by law, court order, or regulatory authority
- To third-party service providers who assist in providing our services
- With your explicit consent
- As necessary to prevent fraud or money laundering
- As necessary to protect the Company's rights or property
13.3 Marketing Communications
The Company may send you marketing communications about our products and services if you have consented to receive such communications. You can withdraw your consent at any time by following the unsubscribe instructions in each communication or by contacting customer support.
13.4 Recordings
The Company may record telephone conversations, emails, chats, and other communications with you for quality assurance, training, regulatory compliance, and dispute resolution purposes. You consent to such recordings by accepting these Terms and Conditions.
13b. Compliance and Regulatory Provisions
Sanctions and Watchlist Screening
In compliance with applicable international and domestic laws, including Anti-Money Laundering (AML), Counter-Terrorism Financing (CTF), and financial sanctions regulations, FMA Capital performs mandatory sanctions and watchlist screening on all client accounts. This includes:
- Dormant or reactivated accounts
- Accounts transferred from other institutions
- Funds deposited through affiliate banks or third-party remittance services
Screening is conducted against global and regional regulatory databases to ensure all client relationships and associated funds meet regulatory expectations.
Dormant Accounts
Accounts with no trading or funding activity for a continuous period of 6 months or more may be classified as dormant. Reactivation of dormant accounts will require a full compliance review, including updated identity verification and source of funds documentation.
Legal Opinion Letter Requirement
For any account opened via external fund transfers, broker-to-broker transfers, or through third-party banking institutions, clients must submit a Legal Opinion Letter. This applies specifically to:
- Portfolios exceeding $500,000 that were not previously managed by FMA Capital
- High-value fund transfers originating from outside FMA Capital’s platform
The Legal Opinion Letter must be submitted to legal@fmacapital.io using the designated request form. It must:
- Confirm the identity of the client and the legitimacy of the funds
- Be validated in accordance with Australian regulatory standards
- Comply with international AML/CTF and financial disclosure frameworks
This process ensures compliance, transparency, and the protection of all client assets and operations conducted through FMA Capital.
14. Intellectual Property
14.1 Ownership of Rights
All intellectual property rights in our website, trading platforms, software, applications, materials, and services are owned by the Company or its licensors. These rights include but are not limited to:
- Trademarks, service marks, and trade names
- Copyright in all content, graphics, and interfaces
- Patents covering technological innovations
- Trade secrets and proprietary information
- Domain names and website design
14.2 Limited License
The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use our trading platforms and services solely for your personal, non-commercial use in accordance with these Terms and Conditions.
14.3 Restrictions
You may not:
- Copy, modify, or create derivative works based on our platforms or content
- Reverse engineer, decompile, or disassemble any part of our platforms
- Remove any copyright or proprietary notices
- Transfer, sublicense, or provide access to our platforms to third parties
- Use our platforms for any illegal or unauthorized purpose
- Use data mining, robots, or similar data gathering tools
- Interfere with the proper functioning of our platforms
14.4 User Content
If you provide feedback, suggestions, or other content to the Company, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for any purpose.
15. Limitations of Liability
15.1 Scope of Liability
To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, and affiliates shall not be liable for:
- Any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services
- Trading losses or lost profits
- Losses resulting from hacking, tampering, virus transmission, or other unauthorized access or use
- Any damage caused by delays, server issues, system failures, or communication line failures
- Any inaccuracy or incompleteness in the information provided by the Company
- Actions or omissions of third-party service providers
15.2 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to:
- Natural disasters or acts of God
- War, terrorism, or civil unrest
- Government actions or restrictions
- Labor disputes or strikes
- Power outages or telecommunications failures
- Market disruptions or suspensions
- System failures or cyber attacks
15.3 Indemnification
You agree to indemnify and hold harmless the Company, its directors, officers, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:
- Your violation of these Terms and Conditions
- Your violation of any applicable law, regulation, or third-party rights
- Your use or misuse of our services
- Any activity related to your account (including negligent or wrongful conduct)
15.4 Limitation Amount
In any event, the Company's total liability to you for all damages, losses, and causes of action shall not exceed the amount you have deposited in your trading account or $1,000, whichever is less.
16. Termination
16.1 Termination by Client
You may terminate this Agreement at any time by providing written notice to the Company and closing your account, provided that you do not have any open positions or outstanding obligations.
16.2 Termination by Company
The Company may terminate this Agreement at any time by providing you with at least five (5) business days' written notice, except in cases of:
- Violation of any terms of this Agreement
- Suspected fraud or illegal activity
- Non-payment of amounts due to the Company
- Provision of false or misleading information
- Regulatory requirements or legal obligations
In these cases, the Company may terminate the Agreement immediately without prior notice.
16.3 Effects of Termination
Upon termination of this Agreement:
- All open positions will be closed at the current market prices
- All pending orders will be canceled
- All fees, charges, and commissions due will be deducted from your account
- Any remaining balance will be returned to you according to our withdrawal procedures
- Your access to the trading platform and services will be revoked
16.4 Survival of Terms
Certain provisions of this Agreement shall survive termination, including but not limited to provisions regarding intellectual property, limitations of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination.
17. Complaints Procedure
17.1 Filing a Complaint
If you have any complaint or dispute regarding our services, you should first contact our Customer Support team. If they are unable to resolve your issue, you may file a formal complaint by:
- Submitting a Complaint Form through your Client Area
- Sending an email to complaints@fmacapital.io
- Sending a letter to our registered address
Your complaint should include:
- Your full name and account number
- A detailed description of the issue
- The date and time the issue occurred
- Any relevant transaction or order numbers
- Any supporting documentation or evidence
17.2 Complaint Processing
The Company will acknowledge receipt of your complaint within five (5) business days and provide you with a unique reference number for your complaint.
We will investigate your complaint and provide a response within fifteen (15) business days. In exceptional circumstances, we may extend this period up to thirty-five (35) business days, but we will inform you of the reasons for the delay and the expected resolution time.
17.3 Escalation
If you are not satisfied with our resolution of your complaint, you may escalate the matter to:
- Our Compliance Department for further review
- Relevant regulatory authorities
- Alternative dispute resolution mechanisms as specified in the Governing Law section
17.4 Time Limitation
Complaints must be filed within thirty (30) calendar days from the date of the event giving rise to the complaint. Complaints submitted after this period may be rejected at the Company's discretion.
18. Modifications to Terms
18.1 Amendment Process
The Company reserves the right to amend, modify, or update these Terms and Conditions at any time. Any such changes will be:
- Posted on our website
- Communicated to you via email or within the trading platform
- Effective immediately upon posting or at a later date specified in the notification
18.2 Material Changes
For material changes to these Terms and Conditions, the Company will provide at least ten (10) business days' notice before the changes take effect, unless:
- The changes are required by law or regulation
- The changes are necessary to protect our security interests or the integrity of our services
- The changes do not materially affect your rights or obligations
18.3 Acceptance of Changes
Your continued use of our services after the effective date of any changes constitutes your acceptance of the modified Terms and Conditions.
If you do not agree with the changes, you should stop using our services and close your account according to the termination procedure outlined in Section 16.
19. Governing Law
19.1 Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.
19.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved as follows:
- First, through good-faith negotiations between the parties
- If negotiations fail, through mediation conducted by a mutually agreed mediator
- If mediation fails, through arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA)
The arbitration shall take place in Sydney, Australia, and the language of the arbitration shall be English.
19.3 Jurisdiction
Notwithstanding the arbitration provision, the Company may bring legal proceedings against you in the courts of your country of residence or any other relevant jurisdiction for the purpose of collecting any amounts due to the Company or enforcing any judgment or order.
19.4 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from this Agreement without affecting the validity and enforceability of any remaining provisions.
20. Contact Information
For any questions regarding these Terms and Conditions or our services, please contact us:
- Email: support@fmacapital.io
- Phone: +61 280937301
- Live Chat: Available on our website 24/7
- Postal Address: Level25/2, The Esplanade, Perth, WA 6000, Australia
For compliance-related inquiries:
- Email: compliance@fmacapital.io
- Phone: +61 280937301
Our customer support is available 24/5, from Sunday 22:00 GMT to Friday 22:00 GMT.