Legal, Privacy & Investment Risk

Terms of Service

These Terms apply when you access marketcapital.co, use the client portal, or use services made available by Market Capital. By continuing to use the website or portal, you agree to these Terms. Separate written agreements may apply to particular services; where they conflict with these Terms, the separate written agreement controls to the extent of the conflict.

Eligibility and account responsibility

You must be at least 18 years old and legally able to enter into an agreement. You are responsible for providing accurate information, protecting your login details, and notifying us promptly of suspected unauthorised access. You must not misuse the website, interfere with its security, impersonate another person, or use our services for unlawful activity.

Information and instructions

Public website, Academy, market-data, and AI-generated content is general information and education only. It does not take account of your objectives, financial situation, or needs and should not be treated as personalised financial, legal, or tax advice. Any personalised service is subject to its applicable client agreement and the information you provide. You remain responsible for reviewing trade details and instructions submitted through your account.

Market data and third-party services

Quotes, charts, research, communications, payment facilities, and other functionality may depend on third-party providers. Data may be delayed, incomplete, inaccurate, or temporarily unavailable. We may change, suspend, or discontinue functionality for maintenance, security, legal, or operational reasons.

Intellectual property

The website, branding, written content, software, graphics, research, and other materials are owned by or licensed to Market Capital. You may use them for your personal, lawful use of the services, but may not reproduce, sell, scrape, distribute, or create derivative works without prior written permission.

Liability and mandatory rights

To the maximum extent permitted by law, Market Capital excludes warranties not expressly stated and is not liable for indirect or consequential loss arising from use of the website, interruptions, third-party data, or investment decisions. Nothing in these Terms excludes, restricts, or modifies any right, guarantee, remedy, or liability that cannot lawfully be excluded, including rights under applicable Australian consumer law.

Suspension, changes, and governing law

We may restrict or suspend access where reasonably necessary to protect clients, comply with law, investigate misuse, or maintain service integrity. We may update these Terms by publishing a revised version and effective date. These Terms are governed by the laws of Australia and New South Wales, and the parties submit to the courts of New South Wales, subject to any mandatory rights that apply in another jurisdiction.

Privacy Policy

Market Capital, located at Salesforce Tower, 180 George Street, Sydney NSW 2000, Australia, is responsible for the personal information described in this policy. We are committed to managing personal information transparently and protecting it with reasonable administrative, technical, and organisational safeguards.

Information we collect

• Identity, contact, date-of-birth, address, country, and account information.
• Identity-verification and KYC documents, including government identification and proof of address.
• Financial, wallet, deposit, withdrawal, portfolio, position, and transaction information.
• Communications and support records, including email, SMS, WhatsApp activity, notes, tickets, and call records or recordings where enabled and lawful.
• Technical and security information such as IP address, device/browser information, login activity, audit logs, and cookie preferences.
• Information you provide through forms, account managers, uploaded documents, or other interactions with us.

How we collect and use information

We collect information directly from you, through your use of the website and portal, from authorised representatives, and from service providers used to verify identity, process communications, maintain accounts, or provide requested services. We use it to administer accounts; conduct KYC and compliance checks; process and record transactions; provide portfolio, trading, support, and communication services; secure and improve our systems; prevent fraud or misuse; meet legal obligations; and respond to enquiries or complaints.

Disclosure and service providers

We do not sell personal information or disclose it to third parties for their independent marketing. We may disclose information when reasonably necessary to hosting and technology providers, communication services, payment and banking providers, identity-verification services, professional advisers, related operational providers, and government, regulatory, law-enforcement, or dispute-resolution bodies where required or permitted by law.

Overseas processing

Some service providers may store or process information outside Australia in countries where they or their infrastructure operate. Those locations can change over time. Where required, we take reasonable steps to ensure overseas recipients handle personal information consistently with applicable Australian privacy requirements. You may contact us for current information about material overseas processing relevant to your account.

Security and data breaches

We use access controls, authentication, encryption where appropriate, system monitoring, staff permissions, and operational safeguards designed to reduce unauthorised access, loss, misuse, alteration, or disclosure. No internet or storage system is completely secure. If an eligible data breach occurs, we will assess and notify affected individuals and the relevant authority where required by law.

Retention

We retain personal information only for as long as reasonably necessary for the purposes described here, to maintain business and transaction records, resolve disputes, prevent fraud, and comply with legal, accounting, and regulatory requirements. Information is securely deleted or de-identified when it is no longer required, subject to lawful retention obligations and backup cycles.

Your privacy rights

You may request access to or correction of personal information we hold about you, ask questions about its handling, or make a privacy complaint by emailing compliance@marketcapital.co. We may need to verify your identity and may refuse or limit a request where permitted by law, explaining our reasons. We will acknowledge and investigate complaints within a reasonable period. If you are not satisfied, you may contact the Office of the Australian Information Commissioner.

Children and policy changes

Our accounts and investment services are not directed to people under 18. We may update this policy when our practices, providers, or legal obligations change. The current version and effective date will remain available on this page.

Investment Risk Disclaimer

Past performance, historical returns, simulations, forecasts, research opinions, and examples are not reliable indicators of future performance. Markets can move rapidly and unpredictably, and no strategy, analysis, technology, adviser, or risk-management technique can eliminate investment risk.

Material risks

• Market and volatility risk: prices may change sharply due to economic, political, company-specific, liquidity, or sentiment events.
• Leverage and derivatives risk: leverage can magnify gains and losses, create margin obligations, and cause positions to close rapidly.
• Binary options risk: binary outcomes may result in the entire stake being lost at expiry and can be highly speculative.
• Digital-asset risk: digital assets can experience extreme volatility, custody, technology, liquidity, fraud, and regulatory risks.
• Foreign-exchange risk: currency movements may increase losses or reduce returns when assets and accounts use different currencies.
• Liquidity and execution risk: an asset may not be tradable at the expected price or time, particularly during fast or disrupted markets.
• Counterparty and operational risk: banks, payment providers, exchanges, data providers, communications systems, or other counterparties may fail or become unavailable.
• Legal and regulatory risk: laws, tax treatment, market access, or the availability of products may change.

Before investing, consider whether a product is appropriate for your objectives, experience, financial position, liquidity needs, and capacity for loss. Obtain independent financial, legal, and tax advice where appropriate. Do not invest money you cannot afford to lose or rely solely on public website, AI-generated, or educational content when making a decision.

Cookie Notice

We use essential browser storage and cookies needed for security, authentication, session management, preferences, and core website functionality. With your choice, optional technologies may be used to understand website usage and improve the experience. The cookie banner lets you select “Essential only” or “Accept all,” and stores that preference in your browser.

You can clear or block cookies through your browser settings. Blocking essential storage may prevent login, security, or preference features from working correctly. You can reset your website choice by clearing the site’s local storage and cookies, after which the banner will be shown again.

Contact Us

For legal, privacy, compliance, access, correction, or complaint enquiries, contact compliance@marketcapital.co.

Market Capital
Salesforce Tower
180 George Street
Sydney NSW 2000
Australia

For general support, email support@marketcapital.co or visit our Contact page.