Terms of Use

The Services described on this website involve significant risks and may not be suitable for all investors. You should not enter into any transactions unless you have fully understood all the risks involved and have independently determined that such transactions are appropriate for you.

A Product Disclosure Statement (PDS) and a Financial Services Guide (FSG) is available on this website and should be considered prior to deciding to conduct a transaction with us. You can find these documents here.

EightCap is a registered trademark of EightCap Pty Ltd.

Except where necessary in order to view the information on this website on your browser, or as permitted under the applicable laws or these Terms of Use, no information or content on this website may be otherwise reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without specific written consent from EightCap.

You acknowledge that EightCap shall be entitled to require you to remove any link from another website to this website which you install without obtaining our prior written consent.

EightCap’s logo and other marks displayed on this website are the proprietary service marks or trademarks of EightCap or third parties. This may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party.

EightCap’s marks may not be used in connection with any product or service that is not EightCap’s in any manner that is likely to cause confusion among consumers, or to disparage or discredit EightCap.

All other trademarks and service marks not owned by EightCap that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EightCap. Any third party intellectual property used by us in the content of our website should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of using our Services. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on this website without the express written permission of the owner thereof.

Apple, the Apple logo, Mac, iPhone, iPad, iPod touch, are trademarks of Apple Inc, registered in the US and other countries. App Store is a service mark of Apple Inc.

Android is a trademark of Google Inc.

Windows is a registered trademark of Microsoft Corporation in the United States and other countries.

This website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under our direct control.

EightCap provides such links solely as a convenience to you. We make no representations concerning the content of the site. Likewise, it does not constitute an endorsement, authorisation, sponsorship, or affiliation by EightCap with respect to the site, the owners, or the providers.

EightCap may not have necessarily tested any information, software, or products found on any of the sites and therefore does not make any representations regarding the content or sponsors of the site, or the suitability or appropriateness of the products or transactions described therein.

EightCap accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other website, products or services.

Your use of the Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

You also agree your access to the website is through a web browser and not any other unauthorised third party applications to access the website or any other page of the website. Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using ‘framing technology’, otherwise distribute, or commercially exploit in any way, the website or any portion thereof or any information or content on the website, without the prior written permission of EightCap.

EightCap reserves the right to investigate and take legal action against any illegal and/or unauthorised use of our Services, including (but not limited to): unauthorised access to the website through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorised means; interference with the site; any action that imposes unreasonable load on the site; or any link to any page of the site other than the Home Page. EightCap’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of the Terms of Use or EightCap’s legal rights.

EightCap endeavours to ensure the integrity and accurateness of the website but makes no guarantee that the information or materials are current or accurate at all times and it should not be relied upon as such. It is possible that the site includes typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions and alterations could be made to the site by third parties. To the extent permitted by law, EightCap does not accept any responsibility arising in any way from errors in, or omissions from, this information.

In the event that an error arises, please inform EightCap so it can be corrected immediately.

Note that Live Chat and Instant Messaging conversations are recorded and may be used for our compliance or training purposes.

Conversations on these systems or facilities are for your general information only and EightCap does not solicit any action based upon it. We do not take into account the particular investment objectives, financial situation or needs of individual clients. Before acting on any information or advice, you should consider how suitable it is to your particular circumstances and, if necessary, seek professional advice.

Your use of this website may be monitored by us, and the resultant information may be used by us for our internal business purposes.

Further information regarding the use of your personal information is available in our Privacy Policy. This explains how we treat your personal data and protect your privacy when you use our Services.

The material in this website is not to be construed as a recommendation; or an offer to acquire, buy or sell; or the solicitation of an offer to acquire, buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal.

There are legal requirements in various countries which may restrict the information which EightCap is lawfully permitted to provide to you. Accordingly, unless expressly stated otherwise, the information on this website is provided for Australian residents only and is not intended for any person who is a resident of any other country. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.

In addition, you must be over 18 years of age to use the Services of EightCap.

We have the right to terminate your use of this website if we determine in our sole discretion that you have breached the Terms of Use.

To the maximum extent permitted by law, neither EightCap nor its affiliates, or the directors, officers, employees, agents or representatives of EightCap or its affiliates (the ‘EightCap Parties’) shall be held liable to you or any third party for any loss or damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the website, any information posted on the website by its users, or any other information, content, materials or Services available on the website (including, without limitation, damage to your computer or computer systems or settings, loss of data, revenue or profits, which you may suffer due to the use, delay in using, or inability to access this website, or in any other way connected with this website, including from the downloading of any software from this website).

EightCap disclaims any representation or warranty that the website or materials will meet your requirement or that the website or any software will be uninterrupted, secure or free from errors or viruses.

Other than as expressly set out in these Terms of Use or additional terms, neither EightCap nor its parties make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services on “as is” and “as available” basis.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the full extent permitted by applicable law, we exclude all warranties.

These Terms of Use are governed by the law in force in the State of Victoria (‘applicable law’), and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning the Terms of Use.

These Terms of Use can be modified at any time by EightCap and you agree to continue to be bound by these Terms of Use as modified. We will give you notice of these changes by publishing revised Terms of Use on this website – we will not separately notify you of these changes.

If the whole or any part of a provision of these Terms of Use are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms of Use or is contrary to public policy.