1. Introduction and binding effect
1.1 This Customer Agreement (the “Agreement”) governs the contractual relationship between Market Systems and the person or entity opening and/or maintaining an account with us (the “Client”, “you”, “your”) for the purpose of trading contracts for difference and any related services we provide (together, the “Services”).
1.2 This Agreement applies to (i) your trading account(s) held with us (each an “Account”), (ii) all CFD transactions and related Orders and Positions, and (iii) the electronic platforms, websites, applications, APIs, and tools we make available in connection with the Services (the “Platform”).
1.3 By opening an Account, accepting this Agreement electronically, placing any Order, or using the Platform, you agree to be bound by this Agreement and the documents incorporated by reference, including our Risk Disclosure, Order Execution Policy, and Conflicts of Interest Policy (each as made available on the Platform or otherwise notified to you).
1.4 Where you access documents electronically, you acknowledge that electronic delivery may be treated as effective delivery whether or not you access or review the communication.
1.5 This Agreement is provided in the English language. Any translation is for convenience only. If there is inconsistency, the English version prevails.
2. Definitions and interpretation
2.1 In this Agreement, the following terms have the meanings set out below:
- “Applicable Law” means all applicable Australian laws, regulations, market rules, and legally binding requirements relevant to Market Systems and/or the Services, including (where applicable) the Corporations Act 2001 (Cth), ASIC Act 2001 (Cth), and AML/CTF Act 2006 (Cth).
- “Business Day” means a day on which banks are open for business in Perth, Western Australia (excluding Saturdays, Sundays, and public holidays).
- “CFD” means an over-the-counter derivative contract under which the parties exchange the difference between the opening price and closing price of an underlying reference instrument (the “Underlying”), without transfer of title to the Underlying.
- “Client Money” means client money obligations under applicable Australian client money laws and ASIC regulatory requirements, where applicable.
- “Margin” means the collateral required to open and maintain leveraged Positions, including initial and variation margin, and any additional margin we may require.
- “Order” means any instruction from you to open, close, partially close, amend, or otherwise affect a Position.
- “Position” means an open CFD trade or exposure in your Account.
- “Retail Client” and “Wholesale Client” have the meanings given under applicable Australian law, where those classifications apply.
- “Trading Hours” means the periods during which a particular instrument is available for trading on the Platform, as published on the Platform.
2.2 Headings are for convenience only and do not affect interpretation. References to “including” are without limitation.
3. Regulatory status, capacity, and scope of service
3.1 Market Systems is an Australian CFD trading brokerage company. We operate within the Australian regulatory framework and maintain governance, compliance, and control standards aligned with applicable ASIC oversight and financial services obligations.
3.2 Unless expressly agreed otherwise in writing, we provide the Services on an execution-only basis. This means:
- we execute Orders at your instruction; and
- we do not provide personal recommendations, suitability advice, tax advice, or legal advice by default.
3.3 Financial advisory services (where applicable). If, and only if, we expressly agree in writing to provide you with regulated advice, the scope, fees, and conditions of that advisory engagement will be set out in a separate written agreement or mandate, and may be subject to additional onboarding, assessments, and disclosures. In the absence of such separate written agreement, any market analytics, trading signals, research, AI outputs, commentary, or educational content made available on the Platform is not investment advice and is not a personal recommendation.
3.4 You acknowledge that CFDs are complex instruments and carry a high risk of losing money rapidly due to leverage. You should not trade unless you understand the nature of CFDs and the risks involved.
4. Client classification, appropriateness, and eligibility
4.1 Categorisation. We may classify you under applicable Australian client classifications (including retail client and wholesale client categories, where relevant). Your classification affects the regulatory protections available to you (including any protections required under applicable Australian law and product settings).
4.2 Appropriateness. We may require you to complete questionnaires and provide information to assess whether CFDs are appropriate for you. We may restrict, refuse, or withdraw CFD trading access if we cannot complete required checks, if information is incomplete, or where outcomes indicate elevated risk.
4.3 Eligibility. You must be at least 18 years old and have legal capacity to enter into this Agreement. If you are an entity, you represent that you are duly incorporated/formed, validly existing, and authorised to enter into this Agreement.
4.4 Jurisdictional restrictions. The Services are not directed to persons in jurisdictions where offering CFDs would be unlawful or would require registration we do not hold. You are responsible for ensuring your use of the Services is lawful in your jurisdiction.
5. Account opening, verification, and ongoing information duties
5.1 To open an Account you must provide complete, accurate, and up-to-date information, including identity and contact information and any other information we reasonably require.
5.2 KYC/AML/CTF. We conduct verification and monitoring in accordance with Applicable Law. We may request documents and information regarding identity, address, source of funds/wealth, and transaction purpose. You agree to provide requested information promptly and acknowledge we may restrict deposits, withdrawals, and trading pending verification.
5.3 You must notify us promptly of changes to your personal details, residency, tax status, contact details, employment, financial circumstances, or any other information relevant to compliance and service provision.
5.4 We may refuse to open an Account or may close/restrict an Account where permitted by Applicable Law, including where we cannot satisfy verification requirements.
6. Communications, electronic delivery, and electronic signatures
6.1 Communications channels. We may communicate with you via the Platform, email, and other electronic means. You agree to maintain a valid email address and access to the Platform.
6.2 Electronic delivery consent. By maintaining an Account and using the Platform, you consent to electronic delivery of documents and communications relating to your Account, including statements, confirmations, notices, and disclosures. Electronic delivery may include posting on the Platform and/or sending you an email directing you to where a document may be accessed.
6.3 Review of documents; objection window. You agree to review statements, confirmations, and other account documents promptly and notify us of any errors or objections without undue delay. Where we specify a period for objection in a statement/confirmation or notice, failure to object within that period may allow us to treat the information as accurate and conclusive.
6.4 Electronic signatures. Where we enable electronic acceptance or signature, you agree that your electronic acceptance/signature is legally binding and is the legal equivalent of a handwritten signature.
6.5 Security. You are responsible for safeguarding login credentials, devices, authentication methods, and for all activity conducted through your Account unless caused by our fraud or gross negligence (to the extent liability cannot be excluded).