The agreement between you and Haveningry covering your use of this website and the trading platform behind it.
Two things are worth knowing before you read any further: trading carries the risk of real loss, and Haveningry is a technology platform rather than a financial adviser.
These terms are an agreement between you and Haveningry. They cover your use of this website and of the trading platform it gives you access to. By using the site or registering for an account, you accept them.
You must be at least 18 years old and legally able to enter into a contract to use the platform. If you are using it on behalf of a company or another person, you confirm that you are authorised to accept these terms for them.
2. What Haveningry Is, And What It Is Not
Haveningry is a technology platform. It provides software that reads market data and places trade orders according to rules you configure, and it provides the interface through which you manage those rules and see the results.
Haveningry is not a broker, a dealer, a fund, a managed account service, a portfolio manager or a financial adviser. We do not hold your funds, we do not execute trades on our own account, and we do not decide what you should buy or sell.
Nothing on this website is financial advice, and nothing on it takes your personal circumstances into account. The platform does not know your income, your debts, your other investments or your goals. Any decision to trade is yours, made on your own judgement or on the advice of a licensed professional you have chosen.
3. Your Account And Your Responsibility For It
You agree to give accurate information when you register, and to keep it accurate. If your details change, you are responsible for updating them.
You are responsible for keeping your login details secure and for everything that happens through your account. Tell us promptly if you believe somebody else has access to it.
One account per person. We may refuse, suspend or close an account where these terms are breached, where the information given is false, or where the account is being used unlawfully.
4. The Automated Engine
The engine reads market data and places orders that fit the rules you have set. It acts on those rules and on the data available to it, and it does not exercise judgement about whether a rule is sensible.
You are responsible for the rules you configure, including the risk limits, the position sizes and the markets you allow it to trade.
The engine depends on market data, connectivity and third party systems. Data can be delayed, incomplete or wrong. Connections fail. Orders can be rejected, filled partially, or filled at a price different from the one shown when the decision was made. We do not guarantee that the engine will be available at any particular time, that it will act on every opportunity, or that any order will be executed.
A stop condition, a limit or any other risk control you set limits an individual position. It does not place a floor under your account. Markets can move through a level without trading at it, and a market that is closed cannot act on an instruction until it reopens.
5. Risk
Trading carries a risk of loss. You can lose some or all of the money you deposit, and in some markets you can lose more than you deposit.
Nothing on this website is a promise of profit, and no result shown or described anywhere on it should be read as an indication of what will happen in the future.
The risk disclosure page forms part of these terms. You should read it before you deposit anything.
6. Fees And Charges
Any fee, spread, commission or charge that applies to your account is shown to you inside the account before you commit to anything. We do not publish a fee schedule on this website, because the figures depend on the account and are shown where they apply rather than in a table that may not match your circumstances.
Charges applied by your broker, your bank, or by a payment provider are outside our control and are not set by us.
7. Availability And Changes To The Platform
We may change, add to, or remove features of the platform. We may also suspend it, in whole or in part, for maintenance, for security, or where a third party service it depends on is unavailable.
We aim to give notice of significant changes, but we cannot promise to, particularly where a change is needed urgently to protect the platform or its users.
8. Intellectual Property
The website, the platform, the software behind it and the content on it belong to Haveningry or to the parties who licence them to us. You may use them for the purpose of using the platform, and for no other purpose.
You may not copy, modify, distribute, reverse engineer, resell or republish any part of the platform without our written permission.
9. Limitation Of Liability
To the extent permitted by law, Haveningry is not liable for trading losses, for lost profits, for lost opportunity, or for indirect or consequential loss arising from your use of the platform.
We are not liable for losses caused by events outside our reasonable control, including failures of market data providers, brokers, banks, payment providers, internet infrastructure or power supply.
Nothing in these terms excludes or limits any right or guarantee that cannot lawfully be excluded or limited, including those under the Australian Consumer Law.
10. Privacy
Our handling of your personal information is described in the privacy policy, which forms part of these terms.
11. Ending This Agreement
You may stop using the platform and close your account at any time. We may suspend or end your access where these terms are breached, or where we are required to by law or by a regulator.
Where an account is closed with positions still open, it is your responsibility to close them.
12. Changes To These Terms
We may update these terms. The date at the foot of this page shows when they were last changed. Continuing to use the platform after a change means you accept the updated terms.
13. Governing Law
These terms are governed by the laws of Australia, and the courts of Australia have jurisdiction over any dispute arising from them.