Thank you for using FX Evolution!
Using FX Evolution
Who May Use our Services
You may use our Services only if you can form a binding contract with FX Evolution, and only in compliance with these Terms and all applicable laws. When you create your FX Evolution account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
While we take pride in our world-class courses, unexpected events do occur. FX Evolution reserves the right to cancel, interrupt, or reschedule any course or to modify any course content. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.
Disclaimer of Student-University Relationship
Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which FX Evolution may be affiliated; (b) enrols or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.
We care about the security of our users. While we work to protect the security of your account and related information, FX Evolution cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immedately of any compromise or unauthorised use of your account by emailing [email protected]
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. FX Evolution cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. FX Evolution disclaims any resposibility or liability related to yo ur access or use of such third party content
Copyright and Trademark Policy
FX Evolution respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the FX Evolution Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.
FX Evolution is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
FX Evolution offers paid Services (e.g., Trade Coaching, Education Workshop) for a fee. Unless otherwise stated, all fees are quoted in AUD. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and FX Evolution reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, FX Evolution may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of FX Evolution, its instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “FX Evolution Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE FX EVOLUTION PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FX EVOLUTION PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
You agree to indemnify, defend, and hold harmless the FX Evolution Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by FX Evolution, which is located in the State of Victoria, Australia. You agree that any dispute related to these Terms will be governed by the laws of the State of Victoria, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the State of Victoria, as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand Australian Dollars ($10,000.00 AUD), either you or FX Evolution may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and FX Evolution. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction
Margin trading involves a high level of risk and it makes the potential gain or loss quite high. Trading margin products allows you to take a larger position than you would otherwise be able to based on your available funds. Also note a small price movement in the underlying instrument can have a significant effect on your exposure. If your total exposure on margin trades exceeds your deposit, you may go into a margin call situation and you will be required to either deposit more funds or reduce your positions, even if your positions are in a loss situation. When you trade margin products you risk losing more than your deposit. Please also note that for margin trades, the providers have the right to amend the margin requirements at any time.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Acceptable Use Policy
FX Evolution’s mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our learners as well as academic freedom for our instructors. We also want to make sure that all of our learners and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services. Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.
You are prohibited from using our Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities.
- Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk o physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or mis-appropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
- Otherwise violates the FX Evolution Terms and Conditions. Please note that specific courses may have additional rules and requirements.
You also aren’t allowed to:suspend, disable, or terminate a user’s access to all or part of the Services.
- Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or net works, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Effective as of 1st Janurary, 2016.
FX Evolution Pty Ltd ACN 154 665 102 (FX Evolution) is a corporate authorised representative (000462795) of Openmarkets Australia Limited (ABN 38 090 472 012; AFSL 246705) (Openmarkets). Openmarkets is a Market Participant of ASX, Chi-X and NSX and an ASX Clear and Settlement Participant.
Trading derivatives carries a high level of risk to your capital and should only be traded with money you can afford to lose. Ensure you read our FSG and Terms & Conditions, and seek independent advice, to fully understand the risks, before deciding to enter into any transactions with FX Evolution. The general information on this website is not directed at residents in any country or jurisdiction where such distribution or use would contravene local law or regulation.