Terms Of Use

Welcome to TOD Markets. By logging in and using the TOD Markets platform (Platform), you agree to the following terms and conditions. If you do not agree, please do not use the platform. Defined terms used in these Terms of Use have the meaning given to them in the Operating Rules and Procedures for TOD Markets (Rules) which can be accessed here. References to we, us and our are references to TOD Markets Pty Ltd; references to you and yours are references to the relevant Participant or Approved Trader using the Platform. 

1. General Disclaimer 

• Informational Purposes: All data and materials on this Platform are for informational purposes only and do not constitute financial, investment, or Trading advice. TOD Markets does not provide personalized financial advice. 

• Risk Warning: Trading in financial derivatives involves significant risks and may result in substantial losses. Assess your financial situation, needs, and experience before Trading. 

2. Trading Hours and Service Availability 

• Changes and Interruptions: TOD Markets may change the Platform’s Trading Hours or interrupt services without prior notice. We strive to maintain service availability but are not liable for any interruptions. You agree TOD Markets is not liable for any losses, costs, damages or liabilities arising from any such interruptions, and agree to indemnify TOD Markets for any losses, costs, damages, liabilities or claims arising from such changes. 

3. Trading  

• Final Trades: All Trades on the TOD Markets Platform are final, but not contractually binding. A Trade will only become contractually binding between Participants when they exchange ISDA confirmations off-Platform. TOD Markets is not liable for errors, omissions, or delays in Trading. Participants are solely responsible for ensuring execution and settlement off-Platform once the Trade has been effected. 

• Counterparty Risk: We do not guarantee counterparty performance. You accept full responsibility for managing counterparty risks, including counterparty credit risk and maintaining an up to date Approved Counterparty List. 

• System Communications: Users accept that the platform will send automated transactional emails on a per-trade basis, to notify and provide a record of trades as they are executed on the platform. The system will also send end-of-day trade reports. The volume of transactional emails may be high for some users, but the user acknowledges that all transactional emails are essential to market operations.

• System Communication opt-out: If a user wishes to opt out of one or all system emails, they should submit a support request with the subject line of the target emails and TOD Markets administrators will review and action the request with priority.

4. Data and Information 

• Accuracy and Reliability: While we aim to provide accurate and up-to-date information, we do not guarantee its completeness, accuracy or reliability. 

• Data Security: TOD Markets employs reasonable security measures but cannot guarantee absolute security. Use the Platform at your own risk. 

5. Legal and Regulatory Compliance 

• Compliance: You must comply with all applicable laws and regulations. Ensure your Trading activities are lawful in your jurisdiction. By Trading on the Platform, you warrant that you are authorised to Trade in electricity derivatives and that you are in full compliance with all relevant laws and regulations. 

• Platform Changes: TOD Markets reserves the right to make changes to the Platform as and when needed. 

6. Limitation of Liability 

• Liability Limitation: TOD Markets, its directors, employees, and affiliates are not liable for any direct, indirect, incidental, consequential, or punitive damages, losses, costs, expenses or liabilities, including, without limitation, loss of profits or trading losses arising from your use of the Platform. 

• Force Majeure: We are not liable for delays or failures due to circumstances beyond our control, such as natural disasters, pandemics, acts of war, terrorism, labour disputes, or technical failures. 

7. Amendments 

• Changes to Terms of Use: TOD Markets may amend these Terms of Use at any time, and will post a notice on the Platform informing users of an update. Continued use of the Platform constitutes your acceptance of any changes. Participants should regularly review these Terms of Use for updates. 

8. Privacy and Data Protection 

• Compliance with Privacy Laws: TOD Markets complies with the Privacy Act 1988 and the Australian Privacy Principles (APPs). Your personal information will be collected, used, and disclosed in accordance with those laws, the commercial agreement between your organisation and TOD Markets, the Australian Privacy Act 1988 and the APPs. 

• User Rights: Participants have the right to access and correct their personal information.

• Trade information, including the name and email address of the individual traders, will be retained for record-keeping purposes for the minimum amount of time required under Australian Financial Services legislation.

9. Anti-Money Laundering and Counter-Terrorism Financing 

• The Participant is appointed as an agent under section 37 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) for TOD Markets.

• The Participant represents and warrants, as at the date of execution of the TOD Markets Participant Agreement and each time an Order is entered into the Platform, that it: 
      (i) complies with all applicable AML/CTF laws and regulations, including client identification, record-keeping and reporting obligations; 
      (ii) is a Reporting Entity for the purposes of the AML/CTF Act and is enrolled with AUSTRAC; 
      (iii) maintains an AML/CTF Program compliant with the AML/CTF Act, the AML/CTF Rules and any AUSTRAC guidance; 
      (iv) will carry out its duties and obligations under this Agreement in accordance with the AML/CTF Act and AML/CTF Rules; and 
      (v) will ensure that any agent, employee or service provider it engages also complies with the AML/CTF Act and AML/CTF Rules. 

• Upon written request by TOD Markets, the Participant must provide evidence of its compliance with the AML/CTF Act, including (without limitation) a copy of its annual AUSTRAC compliance report, any independent review conducted in accordance with the AML/CTF Rules, and all AML/KYC records associated with any Approved Counterparties, within twenty-four (24) hours of such request. 

• All AML/KYC information collected about a Participant is held for and on behalf of TOD Markets. Any information provided to TOD Markets under this clause will be treated as confidential information in accordance with Clause 7 (Confidentiality and Intellectual Property Rights).

• The Participant must: 
      (i) verify all Approved Counterparties before commencing any trading or services on the Platform, in accordance with the AML/CTF Act and AML/CTF Rules; 
      (ii) maintain all AML/KYC records for a minimum of seven (7) years; and 
      (iii) notify TOD Markets within two (2) Business Days of any suspicious matter, sanctions match, politically exposed person (PEP) status, or other adverse information identified in respect of any Approved Counterparty.