Terms and Conditions

INTRODUCTION

All access to and/or use of this website is subject to and governed by these Terms and Conditions (“Terms and Conditions”). The information on this website is not directed at:

• The nationalities are specified in the pop-up compliance disclosure and the website footer.
• Any person in any country or jurisdiction where such distribution or use would be contrary to local statutes or regulations.

You should read these Terms and Conditions thoroughly. If you do not agree to be bound by these Terms and Conditions, you must not access or continue to use the website.

By using our website, you acknowledge that you have read, fully understood, and accepted the following:

• These Terms and Conditions.
• The Privacy Policy is available on TDFX.

We use cookies on our website to customize the information and experience displayed based on your preferences. By accessing the website, you acknowledge that you have agreed to our use of cookies.

2. USER’S RESPONSIBILITIES, REPRESENTATIONS, AND WARRANTIES

As a user of the website (hereinafter referred to as “User” or “you”), you hereby acknowledge, understand, and agree that:

• You are an individual of sound mind, of full age, and legally competent.
• You have the full power and lawful authority to observe and perform the responsibilities outlined in these Terms and Conditions.
• You are not accepting the Terms and Conditions under duress, or due to persuasion or coercion.
• You have read, understood, and agree to comply with these Terms and Conditions and the documents referenced in Clause [X].

Further, you represent and warrant to TDFX that you will not engage in any of the following actions in relation to the website:

• Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or that is hateful, or racially, ethnically, or otherwise objectionable.
• Forge captions, headings, or titles, or offer any content to which you have no right, either under law or through any contractual or fiduciary relationship.
• Upload, post, transmit, or offer any content that infringes any patent, copyright, trademark, or any other proprietary or intellectual property rights of any third party.
• Upload, post, transmit, or offer any content that you do not have the legal right to offer, pursuant to any law or contractual or fiduciary relationship.
• Upload, post, transmit, or offer any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation, except in areas designated for such purposes.
• Upload, post, transmit, or offer any material that contains a software virus or other computer code, files, or programs designed to interfere with, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
• Disrupt the normal flow of communication or act in any way that negatively affects other users’ ability to engage with the website.
• Interfere with or disrupt any of TDFX’s services, servers, and/or networks connected to or associated with the website, including, but not limited to, using any device, software, or routine to bypass the robot exclusion headers.
• Intentionally or unintentionally violate any local, state, federal, national, or international laws, or any rules or regulations of any securities exchange.
• Stalk or harass another individual.
• Collect or store any personal data related to other users in connection with prohibited conduct or activities set forth in these Terms and Conditions.
• Replicate, duplicate, copy, trade, sell, or exploit for commercial purposes any part of the website, use of the website, or access granted to the website.
• Establish a link in such a way that suggests any form of association, approval, or endorsement on our part, where no such connection exists.
• Use our domain name or any part of it for any purpose not authorized by TDFX.
• Misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technically harmful materials.
• Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website.
• Use any network monitoring or discovery software to determine the website’s architecture or extract information about usage, individual identities, or users.

3. TDFX’S RIGHTS AND RESPONSIBILITIES

1. TDFX reserves the right to:

•  Suspend, modify, amend, or cancel any access to the website.
• Remove and/or delete any content that violates the Terms and Conditions, or that is otherwise deemed offensive to other visitors and/or users.
• Access, preserve, and/or disclose member account information if required to do so under any applicable regulations or in good faith:
  i. To comply with any law, regulatory authority, or court order.
  ii. To enforce the Terms and Conditions.
  iii. To respond to any claim that the website contains content that violates the rights of any third party.
  iv. To respond to customer service requests.
  v. To protect the rights, property, or personal safety of TDFX, its visitors, users, or the general public.
• Include security components that may protect digital information or materials, and that such use of information and/or materials is subject to the usage guidelines and regulations set by TDFX or any other content providers supplying content services to TDFX.
• Prohibit any unauthorized reproduction, publication, distribution, and/or exhibition of any information or materials provided by our website, regardless of whether the act is done in whole or in part.

2. The website is provided on an “as is” and/or “as available” basis. TDFX does not represent or warrant that the website will be secure, free from bugs and/or viruses, or fit for any particular purpose.

4. AMENDMENTS, SUSPENSION AND WITHDRAWAL OF WEBSITE

1. You acknowledge that TDFX reserves the right to amend or update these Terms and Conditions at any time without prior notice to you. The amendments to the Terms and Conditions shall become effective immediately and shall be legally binding on you upon publishing the Terms and Conditions on TDFX’s website. Your continued usage of the website, after the posting or publication of any such updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of these Terms and Conditions should be made by you to ensure that you are aware of all the Terms and Conditions that are currently in effect. In the event you do not agree with the updated, revised, or modified terms, you should stop using the website forthwith.

2. TDFX does not guarantee that the website (including any content and links thereto) will always be available, uninterrupted, or free from viruses or bugs. We may suspend, withdraw and/or restrict the availability of the website or a part of it for business, operational or other reasons without any prior notice to you.

3. We shall not be liable for any direct or indirect loss or damages due to:

   • any faulty or inaccessibility to our website

   • your use of our website

   • your use of any equipment or software in connection with the website.

5. DISCLAIMERS, EXCLUSION CLAUSES AND RISK WARNINGS

1. Any investment information displayed on the website shall not constitute any investment, tax, legal, regulatory, or financial advice and has no regard to specific investment objectives, financial situations, or the User’s particular needs. The User understands and acknowledges that:

• All information published on TDFX’s website is addressed to the general public solely for information purposes.
• A mere explanation of the terms, transactions or their performance characteristics does not amount to any advice on the merits of the investment.
• You should obtain professional advice before taking or refraining from taking any action on the basis of the content on our site.
• TDFX expressly disclaims liability for any errors, viruses, interruptions, losses, damages or inaccuracies in the information, products and/or services provided through the website.

2. TDFX may, from time to time and as often as it deems appropriate, issue and/or distribute material or third-party material (“Material”), which contains information including but not limited to the conditions of the financial markets, posted on TDFX’s website and other media, and/or received by the User. It should be noted that the Material is used solely for the purposes of marketing communication and does not contain and should not be construed as containing investment advice and/or an investment recommendation for any Transactions. While TDFX took all reasonable efforts to ensure the accuracy and completeness of the information, TDFX makes no representations and warranties to the Material and shall not be liable for any direct or indirect loss or damages for any inaccuracies and incompleteness of the information provided. The User shall only use the Material for personal use and shall not reproduce, copy, redistribute, or license the Material without TDFX’s consent.

3. As TDFX or any third parties may provide links to other websites and/or resources, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising and/or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that TDFX shall not be responsible or liable, whether directly or indirectly, for any such damage or loss which may be a result of or caused or alleged to be caused by or in connection with the use of or the reliance on any such content made available on or through any such site or resource.

4. Further, you herein expressly acknowledge and agree that:

• The use of TDFX’s website is solely at your own risk. Our website and products and/or services shall be provided on an “as is” and/or “as available” basis. TDFX and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and/or all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
• Any information or material downloaded or otherwise obtained by or from TDFX’s website shall be accessed solely at your discretion and risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
• No advice and/or information, despite whether written or oral, that may be obtained by you from TDFX or by way of and/or from our services or website shall constitute any warranty or representation.
• Not all products and services referred to on this website are provided by us.
• Live chat and instant messaging conversations are recorded and may be used for compliance or training purposes.
• Conversations on live chat and instant messaging are for your general information only and TDFX is not soliciting any action based upon it.

6. CONFIDENTIALITY

TDFX may record all communications between you and us in any forms, including but not limited to telephone calls, emails, faxes, online chatting messages, mobile messages, notice letters (“Information”) for quality monitoring, training, regulatory and compliance purposes.

The User and TDFX agree and undertake with each other to keep confidential and not disclose to any person, other than that party’s professional advisers, directors, officers, or employees, any of the Information provided to it by the other party which in any way relates to this Terms and Conditions and the matters contemplated herein except:

• with the prior written consent of the other party, respectively.
• as may be required by law, any regulatory authority, or any stock exchange.
• as may be required to investigation or prevention of any illegal activity.
• execution venues or any third party as necessary to carry out trading transactions and for purposes ancillary to the provision of the products and/or services.
• in accordance with the order of a court of competent jurisdiction.
• with the User’s consent.
• The User agrees not to use any of the information provided by TDFX in any way other than to perform any obligations and rights under the Terms and Conditions.

7. TDFX’S INTELLECTUAL PROPERTY RIGHTS

1. You herein acknowledge, understand, and agree that the trademarks, copyright, trade name, service marks, and other TDFX’s logos and any brand features are and shall remain the sole and exclusive property of TDFX and/or its third-party service providers and/or TDFX’s licensors.

2. TDFX herein has granted you the personal, non-transferable, and nonexclusive rights and/or license to access to our website and you undertake not to:

• Copy, reproduce, translate, duplicate, use, enhance, decompile, decode, disassemble, distribute, sell, transmit, lend, pledge, transfer, alter, tamper, amend, modify, reverse engineer, sub-license, make commercial use or commercially exploit the website or its source code.
• Publish, distribute, make available or link to third parties any information derived from the website.
• Remove or destroy any copyright notices.
• Upload or transmit computer viruses or other programs to disrupt or destroy the normal operation of the website.
• Create or use any domain name, which contains the same words or identically similar words to our domain name.
• Display and/or use in any manner TDFX’s logo or marks without obtaining TDFX’s prior written consent.
• Use the website in any manner not permitted by these Terms and Conditions.

8. INDEMNIFICATION

1. Save as otherwise expressly provided herein, you agree and undertake with TDFX to indemnify and hold TDFX, TDFX’s associates, related companies, third-party service providers, and licensors harmless from and against any damage or loss suffered, incurred, or sustained by TDFX, or to which TDFX becomes subject, resulting from, arising out of, or relating to any misrepresentation, breach of warranty, or non-fulfillment of, or failure to perform, any covenant or obligation contained in the Terms and Conditions by you.
2. You acknowledge that this responsibility shall include, but not be limited to, any legal and administrative costs and expenses incurred.

9. TDFX’S INTELLECTUAL PROPERTY RIGHTS

• These Terms and Conditions shall be governed by and construed in accordance with the laws of:

  • The Republic of Mauritius

  • The Commonwealth of Australia

• Nothing in these Terms and Conditions shall:

  • Limit or prohibit TDFX’s right to initiate legal proceedings against the User in other courts of competent jurisdiction.

  • Prevent legal proceedings in one or more jurisdictions from being initiated in additional jurisdictions.

10. TDFX’S INTELLECTUAL PROPERTY RIGHTS

• Each party agrees that:

  • Damages may not be an adequate remedy for any breach of these Terms and Conditions.

  • Remedies such as injunction, specific performance, and other equitable relief are available for any threatened or actual breach.

• No action or inaction by a party regarding rights, powers, or privileges shall:

  • Be considered a waiver unless expressly stated.

  • Affect any future exercise of the same or other rights.

• A waiver of one breach shall not be considered a waiver of any subsequent breach.

• If any provision of these Terms and Conditions is deemed invalid or unenforceable:

  • The remaining provisions shall remain in full force and effect.

  • TDFX may choose to remove or replace the invalid provision with a valid one.

• Unless otherwise stated, the rights and remedies in these Terms are:

  • Cumulative

  • Not exclusive of rights available under law.

• The official language of these Terms and Conditions is English.

  • Translations in other languages are for information only.

  • In case of any inconsistency, the English version shall prevail.

11. MISCELLANEOUS

• Both parties acknowledge that:

  • Damages may not be sufficient for a breach of these Terms and Conditions.

  • Parties are entitled to injunctions, specific performance, and equitable relief for any threatened or actual breach.

• Regarding the exercise of rights:

  • No failure or delay in exercising any right, power, or privilege shall be deemed a waiver.

  • Partial or single exercises do not prevent further or other exercises.

  • A waiver of one breach does not constitute a waiver of future or other breaches.

• If any provision is found invalid or unenforceable:

  • The remainder of the Terms will continue to be valid and enforceable.

  • TDFX has the option to remove or replace the invalid provision.

• Unless specified otherwise:

  • All rights and remedies are cumulative and not exclusive of other legal remedies.

• English is the official language of these Terms and Conditions.

  • Translations are for information purposes only.

  • In case of discrepancies, the English version shall prevail.