Risk Policy
TDME RISK POLICY STATEMENT
This Risk Policy forms an essential and binding component of the Terms and Conditions of TD Markets Exchange (“TDME”) and is incorporated herein by reference.
Any capitalised terms not defined in this document shall bear the same meaning as defined in the Terms and Conditions, mutatis mutandis.
Definitions
For purposes of this Risk Disclosure:
- “Cryptocurrency/ies” shall be interpreted as synonymous with “Crypto Assets” as defined in the Terms;
- “Stablecoin” shall refer to a form of Cryptocurrency specifically designed to preserve a stable value, typically by pegging its price to a reference asset, such as fiat currency, other Cryptocurrencies, or commodities.
1. Section 1: Risk Overview
The use, trading, and storage of Cryptocurrencies involve unique risks which differ substantially from those associated with traditional financial instruments. Account Holders are strongly advised to familiarise themselves with these risks and avoid engaging in activities or transactions involving Cryptocurrencies unless they have a thorough understanding of the risks and are able to sustain potential losses without financial hardship.
TDME urges all Account Holders to conduct proper due diligence and exercise caution prior to engaging with its Platform.
1.1. Irreversibility of Transactions
1.1.1 Cryptocurrency transactions are typically irreversible. Account Holders may not be able to recover assets in the event that:
-
-
- Cryptocurrencies are sent to an incorrect address or via the wrong blockchain network;
- An incorrect transaction amount is transmitted;
- Funds are transferred to a fraudulent party or scheme;
- Malicious or unauthorised activity occurs on the Account Holder’s TDME Account.
-
TDME accepts no liability for losses resulting from any of the foregoing events.
1.2. Volatility and Loss Risk
The market value of Cryptocurrencies can fluctuate drastically in short timeframes. Volatility may result in substantial losses relative to local currency, including a total loss of the invested value.
1.3. Lack of Recourse and Non-Redemption
Cryptocurrencies traded on TDME may not be redeemable by any issuing authority. Neither TDME nor any other party has a legal obligation to repurchase or support the value of such assets.
1.4. Absence of Legal Tender and Government Support
Cryptocurrencies are not recognised as legal tender and are not backed by any government within the jurisdictions in which TDME operates. Balances held with TDME are not insured by any public insurance scheme.
1.5. Regulatory Uncertainty
Ongoing developments in legislation and regulation may materially impact the legality, transferability, or value of Cryptocurrencies. Such changes may result in partial or complete loss of value.
1.6. Blockchain Timestamping
Blockchain transactions are deemed final only upon confirmation within the distributed ledger. Timestamping may not align with the time the transaction was initiated.
1.7. Market Demand Dependency
The value of Cryptocurrencies is dependent on continuous market demand. A collapse in market confidence or participant activity may result in severe or permanent devaluation.
1.8. Merchant Acceptance
There is no guarantee that merchants who currently accept Cryptocurrency will continue to do so.
1.9. Tax Responsibility
Account Holders are solely responsible for any tax liabilities arising from trading, holding, or transacting in Cryptocurrency.
1.10. Technological Risks
1.10.1 Technical failures or interruptions in services provided by third parties may prevent access to an Account Holder’s assets.
1.11. Stablecoin-Specific Risks:
1.11.1 Stablecoins, while designed to reflect stable values, may carry enhanced risks in the event of liquidity shortages or devaluation of the pegged asset.
1.11.2 TDME does not warrant that Stablecoins listed on its Platform are fully backed by fiat reserves or other assets.
1.11.3 Account Holders assume all associated risks when transacting with or holding Stablecoins.
1.12. Risks Related to Trading and Technological Complexity
1.12.1 The technical structure and underlying technologies of Cryptocurrencies may be complex and difficult to evaluate.
1.12.2 Cryptocurrencies and their protocols may be vulnerable to attacks, including those that compromise network security or result in operational failure.
1.12.3 Protocol updates, forks, rollbacks, or attacks may alter or invalidate the expected function of a Cryptocurrency. This may result in devaluation, delisting, or complete asset loss.
1.12.4 TDME reserves the right to delist any Supported Cryptocurrency at its sole discretion. Account Holders may receive equivalent value in fiat currency where feasible, though this is not guaranteed.
1.12.5 As TDME may cease support for any Cryptocurrency, similar actions by external platforms may further reduce market liquidity.
1.13. Derivative Protocols and Unsupported Assets
TDME may elect not to support derivative protocols, side chains, or enhancements to existing blockchains unless explicitly announced. The absence of support may impact functionality or value of affected assets.
1.14. Withdrawal Limitations
Account Holders may be unable to withdraw unsupported or delisted assets, resulting in permanent asset loss.
1.15. Value Depreciation
Cryptocurrencies may lose value due to conduct violations, manipulation, protocol changes, or cessation of support.
1.16. Systemic Interruptions
Issues involving internet access, device failure, software errors, or service outages may result in failed or delayed transaction processing.
1.17. Communication Risk
Transaction requests or emails may be lost, altered, or intercepted during transmission.
1.18. Account Compromise
Unauthorised parties may gain access to an Account Holder’s TDME Account through methods including credential theft or control of linked devices.
1.19. Neutrality of TDME
TDME’s decision to support a Cryptocurrency does not constitute an endorsement or guarantee regarding its security or functionality.
1.20. No Issuer Role
TDME is not the issuer of any tokens listed and makes no representations regarding their use, legality, or value.
1.21. No Yield Guarantees
TDME provides no assurances as to yield or return rates. Earnings may fluctuate and past performance is not indicative of future results.
1.22. Summary of Risks
The risks outlined above may result in full or partial asset loss, inability to access or transact with Cryptocurrencies, and financial harm. Account Holders accept and assume all associated risks when engaging with TDME services.
2. Section 2: Legal Disclaimers, Indemnities, and Account Holder Acknowledgements
2.1. Indemnity
To the maximum extent permitted under applicable laws, the Account Holder agrees to fully indemnify and hold harmless TDME, its affiliated entities, directors, employees, agents, and contractors from and against any and all claims, liabilities, losses, costs, damages, expenses, or proceedings (whether direct or indirect) arising from or relating to the Account Holder’s access to or use of the TDME Platform, Website, or Account; or any breach of the Terms, this Risk Disclosure, or any other applicable agreement or policy by the Account Holder.
2.2. Account Holder Warranties
The Account Holder warrants that it possesses the requisite technical knowledge and capability to assess, understand, and evaluate the characteristics, risks, and technical components of any Cryptocurrency it elects to acquire, trade, or interact with. Furthermore, the Account Holder confirms that it has undertaken independent research, has access to professional advice where necessary, and assumes full responsibility for evaluating the suitability and risks of engaging with Cryptocurrencies through the TDME Platform. The Account Holder acknowledges that it should not transact in Cryptocurrencies unless it has the financial capacity to absorb a total loss of any invested funds or digital assets.
2.3. Limitation of Liability
The limitations of liability stipulated in clause 24 of the Terms shall apply equally and without modification to this Risk Disclosure. These limitations shall apply to the fullest extent allowed by law, in any jurisdiction in which such limitations are enforceable. Some jurisdictions may not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, in which case certain provisions in this section may not apply.
3. Section 3: Disclaimer
TDME provides no express, implied, or statutory warranties, representations, or guarantees in connection with the Platform, the Services, or any Supported Cryptocurrency.
Unless explicitly stated in the Terms, all Services are offered “as is” and on an “as available” basis. TDME disclaims all other warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In the event of a translation of this Risk Disclosure into a language other than English, such translation is provided for convenience only. In case of any discrepancy or inconsistency between the English version and any translated version, the English version shall prevail and be binding on all parties.