Effective as of April 2015

General Terms and Conditions

FXWW Connect

FXWW Chatroom

Ultimate FX Trader Pack

INTRODUCTION

This website is operated by FXWW Pty Ltd ABN 66126736712 trading as FXWW (“FXWW”, “We”, “Us” and “Our”) under the domain name www.fxww.com (“Site”). The following terms and conditions (“Terms of Use”) apply to the entire Site and any subsequent versions of the Site.

Please read through these Terms of Use carefully prior to accessing or using the Site. Your access or use of the Site indicates that You agree to abide by, and be bound by, these Terms of Use, Our FXWW Privacy Policy and any other related policies, notices, representations or additional terms applicable to the Site. If You do not accept these Terms of Use, please leave the Site and discontinue use of Our services immediately.

All use of FXWW web pages located within www.fxww.com is subject to the terms and conditions set forth below (“Terms”), provided however that other terms of use shall apply with respect to Our affiliates’ websites, as specified on each such website. Any use of such web pages constitutes the user’s agreement to abide by the Terms. We may amend the Terms at any time by posting the amended terms on the Site.

PRIVACY

Please review Our Privacy Statement, which also governs Your visit to www.fxww.com, to understand Our practices.

ELECTRONIC COMMUNICATIONS

When You visit www.fxww.com or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content provided on the Site is owned by or licensed to FXWW and/or Our affiliates (the “FXWW Content”) and protected by Australian and international copyright laws. FXWW and Our licensors retain all proprietary rights to the FXWW Content. The FXWW Content may not be reproduced, transmitted or distributed without the prior express and written consent of FXWW.

TRADEMARKS

The trademarks (whether registered or unregistered), service marks, trade names and logos on the Site are trademarks of FXWW and/or Our affiliates. Other trademarks may also be featured on the Site and are trademarks of their respective owners. Such trademarks must not be used or modified in any way without Our prior express and written consent or the consent of the relevant affiliate or third party owner.

All material featured on the Site, including any content, email communications, underlying source code and software, is owned, or used under license, by Us, and is protected by copyright, patent, trademark and any other intellectual property laws.

You agree not to infringe any intellectual property rights owned by Us. We reserve all of Our rights in this regard.

SEVERABILITY

Except as otherwise provided herein, if any provision herein, or a portion thereof, is found to be invalid, prohibited, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remaining provisions, and, if legally permitted, such provision shall be locally deemed replaced with a valid and enforceable provision reflecting the original intent of the invalid, prohibited, or unenforceable provision as closely as possible.

SITE ACCESS

FXWW grants You access to make personal use of the Site, subject to the Terms. The Site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose, without Our prior express and written consent. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information featured on the Site, or in any other publication, without Our prior express and written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of FXWW and/or Our affiliates without Our prior express and written consent. You may not use any meta tags or any other “hidden text” utilising FXWW’s name or Marks without Our prior express and written consent. You may not use the Site in any manner or for any purpose which is unlawful or in any manner which violates these Terms of Use or any of Our rights.

LICENSE FOR OUR SERVICE

By giving You permission to access and use the Site, We grant You a non-exclusive, revocable, non-transferable licence to use Our software on a server controlled by Us or by our affiliate/s, for the sole purpose of accessing and obtaining information from the Site, subject to these Terms of Use.

You may not copy or reproduce the underlying source code or software either in full or in part, nor attempt to in any way modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer or de-compile in any way any material from the Site including the source code or software. You are not licensed to use or install the source code or software, other than as specifically authorised by Us. We reserve the right to add, remove or vary any source code or software.

FORWARD-LOOKING STATEMENTS

Certain statements included in this Site are forward-looking. These forward-looking statements are based on certain assumptions and reflect Our current expectations. As a result, forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. There is no assurance that any forward-looking statements will materialise. You are cautioned not to place undue reliance on forward-looking statements, which reflect expectations only as of the date of this web site. Except as may be required by applicable law, We disclaim any intention or obligation to update or revise any forward-looking statements.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY FXWW ON AN “AS IS” AND “AS AVAILABLE” BASIS. FXWW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. THE CONTENT OF THIS WEBSITE (AND OF ANY ASSOCIATED WEBSITES) MAY BE INACCURATE, INCORRECT, INVALID, UNTRUE, FALSE, INCOMPLETE AND/OR MISLEADING. THE ENTIRE RISK AS TO THE QUALITY, CORRECTNESS, ACCURACY, OR COMPLETENESS OF THE CONTENT OF THIS WEBSITE (AND OF ANY ASSOCIATED WEBSITES) IS WITH YOU. THE CONTENT PROVIDER(S), OWNER(S), PUBLISHER(S), AND ADMINISTRATOR(S) OF THIS WEBSITE (AND ASSOCIATED WEBSITES/SERVERS), AND APPLICABLE INTELLECTUAL-PROPERTY OWNER(S) DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND.

THE CONTENT PROVIDER(S), OWNER(S), PUBLISHER(S), AND ADMINISTRATOR(S) OF THIS WEBSITE (AND ASSOCIATED WEBSITES/SERVERS), AND APPLICABLE INTELLECTUAL-PROPERTY OWNER(S) DISCLAIM ANY AND ALL LIABILITY AND IN NO EVENT WILL ANY OF THOSE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSSES SUSTAINED BY YOU OR THIRD PARTIES, PROCUREMENT OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION), WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF ANY USE OF THIS WEBSITE (OR ASSOCIATED WEBSITES/SERVERS) OR THE CONTENT THEREOF OR OF ANY THIRD-PARTY WEBSITE LINKED IN ANY WAY FROM THIS WEBSITE (OR FROM ASSOCIATED WEBSITES), EVEN IF SUCH DAMAGES (OR THE POSSIBILITY OF SUCH DAMAGES) ARE/WERE PREDICTABLE OR KNOWN TO ANY AUTHOR, OWNER, PUBLISHER, ADMINISTRATOR, OR ANY OTHER PARTY.

YOU SHALL INDEMNIFY, DEFEND AND HOLD ALL CONTENT PROVIDERS, OWNERS, PUBLISHERS, AND ADMINISTRATORS OF THIS WEBSITE (OR ASSOCIATED WEBSITES/SERVERS), THEIR AGENTS AND ASSOCIATES, AND APPLICABLE INTELLECTUAL-PROPERTY OWNERS, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, SETTLEMENTS, PENALTIES, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DEMANDS, CAUSES OF ACTION, CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS, RELATED TO OR ARISING OUT OF YOUR USE, INABILITY TO USE, COPYING, (RE)DISTRIBUTION, IMPORT AND/OR (RE)EXPORT OF ANY PORTION OF THE CONTENT OF THIS (OR ASSOCIATED) WEBSITES OR OF THE PRODUCTS AVAILABLE FOR DOWNLOAD FROM THIS WEBSITE AND/OR YOUR BREACH OF ANY OF THESE TERMS.

The content on the Site, including news, quotes, data, and other information, is provided by Us and Our third party content providers for Your personal information only, and is not intended for trading purposes. Content on the Site is not appropriate for the purposes of making a decision to carry out a transaction or trade. Nor does it provide any form of advice (investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments or products. The Site does not provide investment advice nor recommendations to buy or sell currencies or any other financial products.

Neither We nor Our third party content providers or affiliate/s shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon.

You acknowledge that temporary interruptions to the Services provided by Our affiliates and the Site may occur from time to time. We will not be held liable for any loss You suffer as a result of not being able to access or use the Site or the Services.

Although We make reasonable efforts to obtain reliable content from third parties, We do not guarantee the accuracy of or endorse the views or opinions given by any third party content provider. The Site may point to other Internet sites that may be of interest to You, however We do not endorse or take responsibility for the content on such other sites.

SUBMISSION POLICY

Your participation in on-line communications is not edited, censored, or otherwise controlled by Us. We cannot and do not screen content provided by users of the Site. Notwithstanding the foregoing, We reserve the right to monitor content on the Site and to remove content which We, in Our sole discretion, determine to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

  1. You may not post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person.
  2. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
  3. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  4. You may not interfere with other user’s use of the web site.
  5. You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
  6. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Site’s intent to discourage You from taking controversial positions or expressing vigorously what may be unpopular views; however, We reserve the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.
  7. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes.
  8. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Site for goods or services.
  9. You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  10. Should You choose to violate the rules contained herein You will be issued an official private and/or public warning by a member of Our administrative team. This means that all comments on the thread are to stop. Should You choose to ignore this warning You will be subject to being permanently banned from the Site.

 

YOUR CONTACT INFORMATION

If You elect to register with Us, You will need to provide Us with accurate, complete and up-to-date Personal Information to gain access to the Services featured on the Site.

We will send You correspondence to the contact details You provide to Us. It is Your responsibility to notify Us of any change to Your contact details or other Personal Information. We will not be held responsible for any correspondence not received due to inaccurate personal details You have provided Us or if You fail to notify Us of changes to Your personal details.

YOUR LOGIN AND PASSWORD

When registering as a member with Us, You must provide a login (in the form of a valid email address) and a password (“Login Details”). We recommend that You keep Your Login Details confidential. You are entirely responsible if You do not maintain the confidentiality of Your Login Details and any actions of people You allow to access Your Login Details. When the Site is no longer in use, please ensure You log out of the system.

Please email Us if You become aware of any unauthorised use of Your Login Details or any other breach of security. For Our contact details, please refer to the ‘Contact Us’ section in these Terms of Use.

TERMINATION, CANCELLATION AND SUSPENSION OF USE

We reserve the right to terminate, suspend or otherwise limit Your access or use to Our Service if We have reason to believe that You are misusing Your membership with Us, breaching these Terms of Use or engaging in fraudulent or unlawful behaviour, without any prior notice to You.

If You do not or are unable to provide the required Personal Identification information, or if We are not satisfied as to Your identity, We may refuse to provide You with access to any or all of the Service.

We also have the right to vary, discontinue or cease offering any aspect of the Services with prior notice to you, and We have no liability for any costs, losses or damages of any kind arising as a consequence of such termination.

GOVERNING LAW

These Terms of Use and all aspects of the Site are governed by the laws of the State of New South Wales in Australia. Disputes arising in connection with the Site or these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of New South Wales in Australia. You agree to notify Us of any claim or dispute concerning or relating to the Site.

FXWW CONNECT TERMS OF USE

FXWW Connect is a web-based portal which provides live feeds of Thomson Reuter’s data including general and financial news feeds, economic releases and price data. The platform is MyMarkets, provided by Financial.com.

FXWW Connect is available to non-institutional customers only.

We are not held responsible for the accuracy of data feeds including highs & lows and economic releases, news stories, price alerts etc.

FXWW Connect provides news and data services, and no part of this information provision should in any way be construed to be investment advice. FXWW accepts no responsibility for any trading decisions made on the basis of the news and data provided in FXWW Connect.

FXWW Connect System Requirements:

Minimum System Requirement

FXWW Connect is available in three subscriptions, and payment is upfront for the whole subscription period:

  • Monthly subscription to FXWW Connect, $95 per month
  • Quarterly subscription to FXWW Connect, $270 per quarter ($90 per month)
  • Yearly subscription to FXWW Connect, $960 per year ($80 per month)

Prices are quoted in USD and are subject to change. For Australian customers the subscription price includes 10% GST.

Your subscription is automatically renewed at the end of the 1 month, 3 months or 12 months subscription period unless You cancel the service prior to the end of your active subscription period. Upon cancellation You will be able to access FXWW Connect until the end of Your active subscription period.

If You cancel a quarterly or yearly subscription prior to the last month of Your active subscription period and You do not wish to continue using your FXWW Connect subscription to the end of Your active subscription period, You can request a partial refund by contacting .

Calculation of a partial refund for a quarterly or yearly subscription to FXWW Connect:

  • For every month of Your subscription up to and including the month during which You cancel, the non-discounted monthly subscription fee (currently $95 per month) is added up and the sum is then deducted from the fee You paid upfront for the subscription You are cancelling.
  • For yearly subscriptions, a cancellation after month 9 will result in no refund.

You will be able to access FXWW Connect until the end of the month during which You cancel Your quarterly or Yearly subscription, once Your cancellation with request for partial refund has been received by Us.

For Your first subscription only to FXWW Connect You receive a 2-week (14 calendar days) money-back guarantee. There are no conditions on this guarantee for the first 14 days- if you are in any way dissatisfied with the product, we will refund your payment.

All FXWW Connect subscriptions are for a single subscriber only. You can only run one instance of FXWW Connect at any one time. Passwords must be kept confidential and not shared with others. Please advise Us immediately via email at or contact Us through the available web form if any security breach occurs.

We reserve the right to cease offering a one-off trial period for FXWW Connect. We reserve the right to change prices appropriately and will give You a minimum of 3 months’ notice before any price changes. A price change will not affect Your subscription once You have paid and Your subscription period has begun. This means that if You have paid for a quarterly subscription, Your price is guaranteed for 3 months, and if You have paid for a yearly subscription, Your price is guaranteed for 12 months. At renewal of Your subscription You will be charged the new price.

FXWW also reserves the right to deny access to anyone We deem to be an inappropriate user. We also reserve the right to terminate access for anyone deemed to be using FXWW Connect for inappropriate purposes.

If you are having difficulty in cancelling Your subscription please send an email to outlining Your issues or contact us through the available web form.

The AVAILABLE HOURS for FXWW Connect are all times of day and night, 7 days a week, 365 days a year, excluding Scheduled Outages.

SCHEDULED OUTAGE means a period once each month (to occur by 12:00 CMT on Saturdays or Sundays only and not on weekdays) during which the Service shall be inaccessible.  Scheduled Outages shall normally occur between the hours of 22:00 CMT and 4:00 CMT.

FXWW CHATROOM TERMS OF USE

FXWW Chatroom is a web based or standalone collaboration platform delivered via the Thomson Reuters EikonTM Messenger software. The FXWW Chatroom delivers breaking news, institutional research, informed viewpoints and trade ideas from a carefully selected group of professional traders, analysts and strategists.

FXWW Chatroom is available to both institutional and non-institutional customers.

We are not held responsible for the accuracy of economic releases, news stories, third party research, viewpoints, opinions, or trade ideas that are posted in the FXWW Chatroom.

The information contained within the FXWW Chatroom should not in any way be construed to be investment advice. We accept no responsibility for any trading decisions made on the basis of any information provided in the FXWW Chatroom.

FXWW Chatroom is available in three subscription options, and payment is upfront for the whole subscription period:

  • Monthly subscription to FXWW Chatroom, $50 per month
  • Quarterly subscription to FXWW Chatroom, $135 per quarter ($45 per month)
  • Yearly subscription to FXWW Chatroom, $450 per year ($37.50 per month)

Prices are quoted in USD and are subject to change. For Australian customers the subscription price includes 10% GST.

You are permitted to have only one two-week trial (15 calendar days) of the FXWW Chatroom. Following the free trial, or at any time during the trial, You can purchase a subscription to any of the above subscription options on Our website.

Your subscription is automatically renewed at the end of the 1 month, 3 months or 12 months subscription period unless You cancel the service prior to the end of your active subscription period. Upon cancellation, You will be able to access the FXWW Chatroom until the end of Your active subscription period.

If You cancel a quarterly or yearly subscription prior to the last month of Your active subscription period and You do not wish to continue using your FXWW Chatroom subscription to the end of Your active subscription period, You can request a partial refund by contacting .

Calculation of a partial refund for a quarterly or yearly subscription for FXWW Chatroom:

  • For every month of Your subscription up to and including the month during which You cancel, the non-discounted monthly subscription fee (currently $50 per month) is added up and the sum is then deducted from the fee You paid upfront for the subscription You are cancelling.
  • For yearly subscriptions, a cancellation after month 9 will result in no refund.

You will be able to access the FXWW Chatroom until the end of the current month once Your cancellation with request for partial refund has been received by Us.

All FXWW Chatroom subscriptions are for a single subscriber only. You must keep your password confidential and not share Your login and password with others. Please advise FXWW immediately via email at or contact Us through the available web form if any security breach occurs.

We reserve the right to cease offering a one-off trial period for FXWW Chatroom. We reserve the right to change prices appropriately and will give You a minimum of 3 months’ notice before any price changes. A price increase will not affect Your subscription once You have paid and Your subscription period has begun. This means that if You have paid for a quarterly subscription, Your price is guaranteed for 3 months, and if You have paid for a yearly subscription, Your price is guaranteed for 12 months. At renewal of Your subscription, You will be charged the new price.

We reserve the right to deny access to anyone We deem to be an inappropriate user. We also reserve the right to terminate access for anyone deemed to be using FXWW Chatroom, or the Thomson Reuters Messenger software, for inappropriate purposes.

Once You terminate Your subscription to FXWW Chatroom, Your user name and access to Thomson Reuters EikonTM Messenger terminates.

If You are having difficulty in cancelling your subscription to FXWW Chatroom please send an email to outlining Your issues and/or fill in a contact-us request.

ULTIMATE FX TRADER PACK TERMS OF USE

The Ultimate FX Trader Pack is a product bundle which combines the unrivalled news and data in FXWW Connect with the collaborative power of the FXWW Chatroom

The Ultimate FX Trader Pack is available only to non-institutional customers.

The Ultimate FX Trader Pack is available in three subscription options, and payment is upfront for the whole subscription period:

  • Monthly subscription to Ultimate FX Trader Pack, $130 per month
  • Quarterly subscription to Ultimate FX Trader Pack, $360 per quarter ($120 per month)
  • Yearly subscription to Ultimate FX Trader Pack, $1320 per year ($110 per month)

Prices are quoted in USD and are subject to change. For Australian customers the subscription price includes 10% GST.

There is No Free Trial available for the already heavily discounted Ultimate FX Trader Pack. Apart from this, all Terms of Use for FXWW Connect and for FXWW Chatroom apply to the Ultimate FX Trader Pack.

If You cancel a quarterly or yearly subscription prior to the last month of Your active subscription period and You do not wish to continue using Your Ultimate FX Trader Pack subscription to the end of Your active subscription period, You can request a partial refund by contacting .

Calculation of a partial refund for a quarterly or yearly subscription for the Ultimate FX Trader Pack:

  • For every month of Your subscription up to and including the month during which You cancel, the non-discounted monthly subscription fee (currently $130 per month) is added up and the sum is then deducted from the fee You paid upfront for the subscription You are cancelling.
  • For yearly subscriptions, a cancellation after month 9 will result in no refund.

You will be able to access both FXWW Chatroom and FXWW Connect until the end of the current month once Your cancellation with request for partial refund has been received by Us.

We reserve the right to change prices for the Ultimate FX Trader Pack appropriately and will give You a minimum of 3 months’ notice before any price changes. A price increase will not affect Your subscription once You have paid and Your subscription period has begun. This means that if You have paid for a quarterly subscription, Your price is guaranteed for 3 months, and if You have paid for a yearly subscription, Your price is guaranteed for 12 months. At renewal of Your subscription, You will be charged the new price.

Once You terminate Your subscription to the Ultimate FX Trader Pack, Your user name and access to Thomson Reuters EikonTM Messenger terminates and your access to FXWW Connect terminates.

If You are having difficulty in cancelling your subscription to the Ultimate FX Trader Pack please send an email to outlining Your issues and/or fill in a contact-us request.

CHANGES TO THESE TERMS OF USE

We reserve the right to change these Terms of Use and make changes to the content and layout of the Site, at any time. Any modifications will be effective immediately, without any prior notice to You and We have no liability for any costs, losses or damages of any kind arising as a consequence of any such change. Any subsequent access to, or use by You, of the Site will constitute an acceptance of any varied or modified Terms of Use. We encourage You to periodically review these Terms of Use to become aware of any changes that may have occurred. Each version of these terms is identified at the top of this page by its effective date.

CONTACT US

If You have any questions or concerns regarding these Terms and Conditions or any of Our Services, please Contact us.