Terms & Conditions
1. INTRODUCTION
1.1. The website located at https://tdmarkets.cryptosrvc.com/login (together with any related mobile applications, APIs, widgets and sub-domains, the “Site”) is owned and operated by TD Markets (Pty) Ltd t/a TDME (Licence No. 49128) (“TDME”, “we”, “our”, or “us”). References to TDME include our officers, directors, employees, affiliates, subsidiaries, holding companies, service providers, contractors and agents.
1.2. The Site also includes any officially released mobile applications available through recognised app distribution platforms, as well as any Application Programming Interfaces (“APIs”) that may be made available by TDME for use by authorised parties.
1.3. These terms and conditions (“Terms”), including any supplementary documents incorporated by reference – such as TDME’s Privacy Policy – apply to all users registered as account holders (“Account Holders”) on the TDME platform, as further defined in clause 2.1.1 below. These Terms govern the contractual relationship between each Account Holder and TDME.
1.4. By accessing and using the Site and associated platform services, you confirm your understanding and agreement to be legally bound by these Terms, either in your personal capacity or as a duly authorised representative of a third party (where applicable). Where an Account Holder is a natural person, such person also confirms they are a “Competent Person” in terms of the Protection of Personal Information Act, 4 of 2013 (POPI) as amended.
1.5. TDME reserves the right to amend, modify or update these Terms at any time in its sole discretion. It is the responsibility of the Account Holder to review these Terms periodically. Continued use of the TDME platform after such modifications constitutes acceptance of the revised Terms.
1.6. Where material changes to these Terms are made, TDME will provide at least seven (7) calendar days’ notice on the Site before the changes take effect, affording any Account Holder who does not accept the revised Terms the opportunity to close their account prior to implementation.
1.7. Except where clause 1.6 applies, all formal communication between the parties shall be conducted electronically, including via email or SMS. Communications issued by TDME shall be deemed received if sent to the latest contact details provided by the Account Holder. It remains the Account Holder’s responsibility to ensure that their contact details are accurate and current, and that they have regular access to electronic communications.
2. DEFINITIONS
2.1 For purposes of these Terms –
2.1.1 “Account Holder” means any natural or juristic person who has opened and maintains a TDME Account on the Platform;
2.1.2 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
2.1.3 “Crypto Assets” has the meaning assigned in clause 5.1.1;
2.1.4 “Fiat” means any national currency declared legal tender by the relevant sovereign state;
2.1.5 “Force Majeure” refers to any event beyond a party’s reasonable control which could not reasonably have been foreseen when these Terms were concluded, including (without limitation) war, riot, civil commotion, natural disaster, epidemic, governmental embargo, industrial dispute, unplanned server downtime or similar circumstances;
2.1.6 “Linked Bank Account” means the bank account(s) nominated by an Account Holder for funding or withdrawing Fiat, which may be verified by an external identity-verification provider;
2.1.7 “Party” / “Parties” means TDME and/or an Account Holder, as the context requires;
2.1.8 “Platform” has the meaning in clause 1.2;
2.1.9 “Recipient TDME Account” means the beneficiary account designated in a Transfer Instruction (clause 6) by reference to a phone number, e-mail address, QR code or similar identifier.
2.1.10 “Services” has the meaning given in clause 4;
2.1.11 “Sub-Account” means an ancillary account created under an Account Holder’s primary TDME Account for segregating funds or strategies, subject to these Terms;
2.1.12 “TDME Account” means the profile opened by an Account Holder on the Platform; and
2.1.13 “Wallet” means the digital wallet component of a TDME Account as described in clause 5.1.1.
2.2 Words in the singular include the plural and vice versa; any reference to a gender includes all genders; and headings are for convenience only and must not influence interpretation.
3. TDME & ACCOUNT HOLDER RELATIONSHIP
3.1. TDME does not represent itself as an agent, broker, intermediary, or advisor to any Account Holder and does not assume any fiduciary duty or obligation in respect of any actions, transactions, or decisions undertaken by an Account Holder through use of the Services. Any communication, content, or information made available by TDME is not intended to constitute, nor should it be interpreted as, financial, legal, investment, or tax advice. TDME provides no guarantee as to the appropriateness or suitability of any digital asset, cryptocurrency, crypto token, or Crypto Asset for acquisition, disposal, or holding by an Account Holder.
3.2. TDME operates independently and does not act on behalf of, or in any representative capacity for, the Account Holder. The relationship governed by these Terms does not establish any partnership, agency, or joint venture between the Parties, nor does TDME have, or purport to have, any discretionary authority to act in the interest of or make decisions on behalf of the Account Holder.
3.3. The Account Holder remains fully and solely responsible for all actions taken and decisions made when accessing or utilising the Services.
4. DESCRIPTION OF SERVICES
4.1. TDME provides access to its Platform via the Website or other compatible electronic interfaces, accessible through secure login credentials issued to the Account Holder. Upon registration, the Account Holder may establish a TDME Account, which may be linked to one or more nominated bank accounts (“Linked Bank Accounts”). Through the TDME Account, the Account Holder may execute functions including (but not limited to) the purchase, sale, transfer (inclusive of sale proceeds), and storage of Crypto Assets. The Platform may also facilitate trading between Fiat and cryptocurrency pairs, along with any other ancillary services made available from time to time.
4.2. To open a TDME Account, the Account Holder is required to complete the registration process on the Platform by submitting the necessary personal information as requested in the registration form. The collection and processing of such information are governed by the provisions outlined in the TDME Privacy Policy.
5. TRANSACTIONS VIA THE TDME ACCOUNT AND LINKED BANK ACCOUNT
5.1. Funding
5.1.1. To initiate transactions via the Platform, the Account Holder must first deposit digital assets into their TDME Account wallet(s) (referred to herein as “Wallet(s)”). Accepted digital assets may include cryptocurrencies, crypto tokens, other blockchain-based digital assets (“Crypto Assets”), or Fiat currencies in digital form, as supported by TDME at its discretion from time to time.
5.1.2. Crypto Assets may be received into an Account Holder’s Wallet by providing the sender with a receiving address linked to the applicable Crypto Asset, as generated within the TDME Account interface.
5.1.3. Fiat deposits into a TDME Account may only originate from a bank account held in the name of the Account Holder and must be made via electronic funds transfer (EFT), or via specific debit or credit cards where permitted by TDME.
5.1.4. Prior to initiating a Fiat deposit, the Account Holder is required to obtain a unique funding reference code from the Platform. This reference must be correctly included with the transfer to ensure accurate allocation of funds to the designated Wallet. TDME disclaims any liability for misallocated funds resulting from the omission or incorrect input of this reference code. All associated banking fees incurred will also be charged to the Account Holder.
5.1.5. In the event that the Account Holder becomes aware of any Fiat or Crypto Asset incorrectly credited to their TDME Account, they must notify TDME promptly by contacting care@tdmarkets.com . TDME will investigate and, if applicable, debit the erroneously credited amount from the relevant Wallet. The Account Holder acknowledges that they hold no legal entitlement to mistakenly received funds or assets and must promptly comply with any rectification instructions issued. TDME reserves the right to suspend the Account pending resolution and may, at its sole discretion, reverse such erroneous credits without prior consent from the Account Holder.
5.1.6. The Account Holder acknowledges that TDME retains the discretion to determine whether to credit or notify an Account Holder of a Crypto Asset deposit that falls below the Platform’s stated minimum deposit threshold. TDME may take any action it deems appropriate, including but not limited to freezing, rejecting, or withholding such low-value transactions. TDME bears no liability for any loss arising from action taken under this clause.
5.2 Withdrawals
5.2.1. The Account Holder must at all times maintain a sufficient balance of Fiat and/or Crypto Assets in their TDME Account to satisfy any open orders and any applicable fees. Withdrawal functionality may be subject to daily or periodic limits, and under certain conditions, withdrawals may be temporarily restricted. Such circumstances may include, but are not limited to: (i) delays due to retrieval of assets from cold storage; (ii) congestion or instability within a blockchain network; (iii) network availability, at TDME’s sole discretion; or (iv) the impact of any unstaking or lock-up periods, as applicable.
5.2.2. Account Holders may withdraw Crypto Assets to an external blockchain address (“External Address”) not managed or controlled by TDME. Prior to processing such a withdrawal, TDME may require verification of the destination address. By initiating a transfer, the Account Holder authorises TDME to transfer the specified Crypto Asset to the indicated External Address. TDME accepts no liability for losses resulting from incorrect, improperly formatted, or incompatible addresses, including those submitted for the wrong blockchain network or token standard. All blockchain transfers are final and irreversible.
5.2.3. To withdraw Fiat, the Account Holder must link a bank account in their own name (“Linked Bank Account”). Once verified, withdrawals from the TDME Account to the Linked Bank Account may be processed. TDME shall bear no responsibility for losses or errors resulting from incorrect account information or mistaken instructions submitted by the Account Holder.
5.2.4. Withdrawals to any External Address or Linked Bank Account that appears on any applicable sanctions list – whether local or international – are strictly prohibited.
5.2.5. TDME will endeavour to process legitimate withdrawal requests in a timely manner, subject to applicable verification, compliance checks, and operational availability.
5.3. Any request to withdraw Fiat to a third-party bank account may be refused by TDME. Repeated or suspicious attempts may result in account suspension or further investigation.
5.4. The Account Holder shall bear full responsibility for:
5.4.1. all fees charged by third-party service providers, including those associated with Linked Bank Accounts or External Addresses, as well as fees charged by TDME for transfers or services rendered. TDME’s fee schedule may be updated from time to time and is available on the Platform;
5.4.2. ensuring all deposits and withdrawals comply with TDME’s protocols, as well as those required by relevant third parties or specific Crypto Asset protocols;
5.4.3. verifying that any recipient address is correctly formatted and appropriate for the specific Crypto Asset being transferred; and
5.4.4. ensuring the accuracy of all withdrawal instructions. Any failure to meet these obligations may result in the permanent loss of the transferred Crypto Assets.
5.5. TDME reserves the right to impose limits on deposits or withdrawals, or to suspend transfers in or out of an Account, in order to comply with applicable laws, regulatory requirements, or directives from law enforcement or government agencies. TDME may also restrict withdrawals for specific Crypto Assets or blockchain networks at its discretion and without prior notice.
5.6. Rectification of Transaction Errors
5.6.1. TDME may, at its sole discretion, initiate corrective measures to amend, reverse, or cancel any transaction – including but not limited to deposits, withdrawals, transfers, or trading activity – where an operational or processing error has been identified. Such errors may arise from actions or omissions by the Account Holder, TDME, or a third party. The Account Holder expressly authorises TDME to undertake any such corrective action as deemed necessary. TDME provides no assurance that any correction will be successfully completed and shall not be held liable for any losses, delays, or other consequences resulting from the original error or from efforts made to rectify it.
5.7 FATF Travel Rule
5.7.1. Pursuant to Recommendation 16 of the Financial Action Task Force (FATF), commonly referred to as the “Travel Rule”, and in line with applicable regulatory obligations, TDME may be required to collect, validate, and transmit specific personal and transactional data when the Account Holder sends, receives, or transfers Crypto Assets via the Platform.
5.7.2. The Account Holder acknowledges and consents to TDME sharing relevant information – including but not limited to the Account Holder’s name, transaction data, and account identifiers – with counterparties, virtual asset service providers, financial institutions, and regulatory bodies, as required under applicable law and compliance protocols. Such disclosures will be managed in accordance with TDME’s Privacy Policy. Failure to furnish the requisite information may result in delays, restrictions, or refusal of the associated transaction.
5.7.3. The Account Holder undertakes to submit complete and accurate information when initiating any Crypto Asset transaction subject to the Travel Rule. This includes, upon request, furnishing details such as the recipient’s name, address, and wallet or account reference, to enable TDME’s regulatory compliance. Non-compliance may lead to the deferral, denial, or cancellation of the transaction, or result in account limitations at TDME’s discretion.
5.7.4. TDME shall not be liable for any loss, delay, or interruption in service arising from its obligations under the Travel Rule. This includes instances where a transaction is delayed, blocked, or reversed due to incomplete or incorrect data supplied by the Account Holder or as a result of TDME’s adherence to legal and regulatory requirements, which may supersede standard processing timelines or service expectations.
5.8 Exchange Buy / Sell
5.8.1. The Account Holder may elect to instantly buy or sell supported Crypto Assets (“Exchange Buy / Sell”) via the Platforms Exchange at a price determined by TDME. This price is calculated based on prevailing market rates, including quotes from TDME’s order books and external liquidity providers with whom TDME regularly engages. TDME facilitates such transactions in its capacity as a broker and applies a brokerage margin, the percentage of which is published in the Frequently Asked Questions (FAQ) section of the TDME website.
5.8.2. The Exchange Buy / Sell Price is fixed at the time of execution and is not subject to negotiation. If the Account Holder does not wish to proceed at the quoted rate, the transaction will not be effected.
5.8.3. Should the Account Holder accept the quoted Exchange Buy / Sell Price and confirm the transaction, the Account Holder acknowledges that the transaction is final and irrevocable once completed.
6. Yield-Generation Services Under the “Earn” Product
6.1. TDME offers proof-of-stake blockchain validation and yield-enhancing solutions (“Earn Services”) under its platform feature titled “Earn.” These services include traditional staking and decentralized finance (DeFi) lending opportunities for users who meet certain eligibility requirements (“Eligible Users”). All staking and additional yield-generation activity will be exclusively categorized and facilitated through the Earn product.
6.2. TDME may support a selection of digital assets eligible for staking or DeFi lending (“Supported Assets”). Participation in Earn Services is voluntary, and incentives are based on the contribution of Supported Assets to the Earn protocol in exchange for the opportunity to earn staking or lending returns (“Incentives”).
6.3. To participate, Eligible Users must either hold or purchase a Supported Asset and then activate the Earn feature by selecting the asset within their Wallet and confirming the desired amount to allocate. This action (“Opting In”) constitutes the User’s consent to stake or lend those assets. While the assets remain the property of the Eligible User, they may be transferred by TDME into protocol-specific wallets solely for the purpose of protocol-level staking or lending. These assets do not become TDME property, are not subject to creditor claims, and TDME will not lend, sell, or hypothecate them except when instructed by the user or required by law.
6.4. By activating staking, TDME or its affiliates will act as a validator or facilitate protocol-level operations required to support the staking process. Incentives will depend on various protocol parameters. Eligibility to stake may require a minimum balance or may be capped depending on the Supported Asset and protocol characteristics. Both thresholds are determined by TDME at its discretion.
6.5. Staked assets may be subject to a lockup period during which the assets cannot be withdrawn or transferred. The duration of this lockup will be dictated by the relevant protocol and will be disclosed at the time of staking. During this lockup, users will not be able to redeem the staked assets.
6.6. Once a user initiates a request to unstake assets, TDME will process the request according to the relevant blockchain protocol’s timeline. This may include protocol-imposed epochs, TDME’s internal processing period (up to 48 hours), and any further delays as outlined in withdrawal policies. Incentive accrual may continue or pause during this period, depending on the protocol.
6.7. Upon successful validation by TDME or its affiliates, Incentives may be distributed to the Eligible User’s account. The amount and timing of such Incentives are at the sole discretion of TDME and may vary depending on the protocol, market conditions, and network participation.
6.7.1. Incentives will be credited to the Account Holders Wallet and not automatically re-staked unless otherwise indicated.
6.7.2. Incentive calculations may include both the principal and previously accrued returns.
6.7.3. All Incentives are net of fees. TDME reserves the right to modify the fee structure, which may vary across assets or include promotional fee reductions.
6.7.4. Return rates differ by asset and protocol, and no fixed return is guaranteed.
6.7.5. TDME makes no representation, warranty, or guarantee regarding the receipt of Incentives.
6.8. In some blockchain protocols, improperly validated transactions may result in a protocol-imposed penalty called “slashing,” which reduces the amount of staked assets. TDME will take commercially reasonable steps to avoid such penalties. However, TDME is not liable for losses due to slashing arising from user actions, third-party failures, protocol bugs, force majeure events, or malicious actors.
6.9. In addition to staking, TDME may offer DeFi lending solutions, allowing Eligible Users to earn yield through decentralized lending protocols integrated into the Earn feature:
6.9.1. DeFi lending participation also requires Opting In by selecting an applicable Supported Asset and confirming the amount to be lent.
6.9.2. TDME may transfer DeFi assets between blockchain networks or convert them to protocol-compatible forms (e.g., BTC to WBTC) as necessary. Any resulting value fluctuations are at the user’s risk.
6.9.3. These assets are then sent to smart contracts operated by third-party DeFi protocols, where they are locked until executed by the lending mechanism. During this period, the user cannot withdraw or transfer the DeFi assets.
6.9.4. All DeFi lending services are governed by the same conditions applicable to staking under the Earn product and may involve protocol-level risks, lockups, delayed withdrawals, and fluctuating returns.
6.10. By using the Earn feature, including staking and DeFi lending, the Eligible User acknowledges that these services are subject to network conditions, technological risks, and regulatory oversight. Participation is at the user’s own risk and discretion. TDME disclaims all liability for losses or non-receipt of Incentives, unless caused by gross negligence or wilful misconduct on its part.
7. Quick Trade Service
7.1. The Account Holder may access TDME’s Quick Trade feature on the Platform, which enables the instant purchase or sale of selected Crypto Assets at pre-set price intervals. This function is designed to streamline trading for convenience and speed, particularly for Account Holders who prefer not to engage directly with the Exchange order book or direct trading themselves.
7.2. All prices displayed on the Quick Trade interface are sourced through internal pricing mechanisms, inclusive of a spread, and presented on an “as is” basis. These prices are refreshed at fixed intervals – currently every ten (10) seconds -and the Account Holder acknowledges that market fluctuations may occur between refreshes.
7.3. By submitting a Quick Trade order, the Account Holder agrees to the displayed price without negotiation or the ability to place limit or conditional orders. Should the Account Holder not accept the offered rate, no obligation to transact shall arise.
7.4. Once a Quick Trade order is confirmed by the Account Holder, the transaction is deemed final and binding. No reversal, cancellation, or dispute may be raised on the basis of price variance or subsequent market movement.
7.5. TDME makes no representation as to the comparative market rate at any given time and shall not be held liable for any perceived loss resulting from the Account Holder’s use of the Quick Trade feature. The Account Holder acknowledges that Quick Trade is designed for simplicity and immediate execution and may not reflect optimal execution pricing available through alternative trading mechanisms on the Platform.
7.6. The Account Holder agrees that the use of Quick Trade is entirely discretionary and at their own risk. TDME disclaims any duty to provide advisory input or market analysis in connection with the use of this feature.
8. Support for Crypto Assets and Fiat Currencies
8.1. TDME reserves the right, at its sole and absolute discretion, to determine whether to support the transfer, custody, or trading of any particular Crypto Asset, token, or fiat currency. TDME may withdraw or discontinue support for any such asset at any time, with or without cause. Unless otherwise mandated by applicable law or required by competent legal authority, TDME will endeavour to provide reasonable notice to the Account Holder in the event that it elects to cease supporting a specific Crypto Asset or fiat currency. Where operationally feasible, TDME will use commercially reasonable efforts to issue such notice at least fourteen (14) days in advance of the effective date, affording the Account Holder a reasonable opportunity to withdraw the affected asset to an external wallet or, in the case of fiat, to an external bank account. Should the Account Holder fail to withdraw such asset prior to the termination of support, access to the asset may become permanently restricted and the Account Holder may lose all control, access, or ability to recover it. TDME shall not be held liable for any loss, damages, or expenses arising from or related to the discontinuation of support for any Crypto Asset or fiat currency.
8.2. In addition, if an Account Holder fails to withdraw a Crypto Asset or fiat currency from their TDME Account prior to the termination of support, TDME may, but shall not be obligated to, convert such asset into an alternate asset, including a stablecoin, at its reasonable discretion. TDME does not warrant that such a conversion will be successful or that the Account Holder will recover the full or any value of the original asset. TDME disclaims all liability for any losses or damages suffered by the Account Holder or any third party in connection with such conversion or the discontinuation of asset support.
8.3. In the event that the Account Holder, or any third party, sends unsupported Crypto Assets to TDME or to any Wallet linked to the Platform, such assets may be irretrievable. TDME does not undertake nor warrant that it will be able to access, recover, or return any Crypto Assets transmitted in error. This includes transactions involving assets sent using unsupported, incorrect, or inactive blockchain networks. In such cases, the assets shall be deemed lost and TDME shall bear no liability for such events.
8.4. The Account Holder bears sole responsibility for ensuring that the correct Crypto Asset is sent to the correct deposit address using a supported blockchain network. Any transaction executed to an incorrect or incompatible address or network may result in the permanent loss of the asset, for which TDME shall not be liable.
8.5. TDME shall have no responsibility or liability whatsoever to the Account Holder, or any other party, for any loss, damage, or claims resulting from the transmission, receipt, or attempted retrieval of unsupported assets or transactions made in breach of the terms outlined in this Clause 8.
9. REFERRAL PROGRAMME, INCENTIVES AND PROMOTIONAL CAMPAIGNS
9.1 Referrals and Incentives:
9.1.1. To participate in TDME’s referral programme and become eligible for associated benefits, any qualifying referral must:
9.1.1.1. Complete registration through the Account Holder’s unique referral link or enter the Account Holder’s designated referral code at the time of sign-up; and
9.1.1.2. Successfully register on the platform and attain semi-verified status by confirming both their email address and mobile number.
9.1.2. TDME’s referral structure allows Account Holders to receive trading fee rebates on their own transactions and to earn additional incentives based on the trading activity of successfully referred users, provided at least two such referrals have been made.
9.1.3. Where the Account Holder has registered using another individual’s referral link or code, the Account Holder consents to a portion of their trading fees being allocated as a incentive to the original referrer, in accordance with TDME’s programme mechanics.
9.1.4. Rebates and referral incentives shall be calculated and disbursed daily.
9.1.5. Pay-outs may be effected in South African Rand (ZAR) or in a supported cryptocurrency or digital asset, depending on the applicable trading fee. TDME reserves the right to withhold any rebate or incentive that is less than the smallest divisible unit of the applicable payout currency. Where the calculated amount does not meet this threshold, the amount may, at TDME’s sole discretion, be rounded down to zero and no corresponding incentive shall be due.
9.1.6. Rebates issued under the referral programme are subject to a maximum payout cap. The current cap is R1,500.00, but TDME may revise this amount at any time at its sole discretion.
9.1.7. For purposes of applying the cap, all rebates and incentives will be denominated in a reference currency (such as ZAR) and calculated using the prevailing exchange rate on the day of the transaction. Once the total rebate or incentive linked to a particular referral reaches the applicable cap in the reference currency, no further payments will be made for that referral. However, payouts on other qualifying referrals that have not yet reached their respective caps will continue independently.
9.1.8. TDME will determine and apply the applicable exchange rate on a daily basis for all calculations related to rebates and incentives.
9.1.9. There is no restriction on the number of individuals or entities an Account Holder may refer to TDME under the referral programme.
9.1.10. The full terms, structure, and criteria of the referral programme are accessible via the TDME platform or official communication channels.
9.1.11. Any behaviour intended to abuse, exploit, or manipulate the referral programme – including, but not limited to, creating fraudulent, duplicated, or self-referred accounts, or referring related or affiliated individuals or entities (including those under common ownership, control, or directorship) – shall be grounds for immediate disqualification. TDME reserves the right to withhold, revoke, or recover any incentives or rebates linked to such conduct.
9.1.12. TDME retains the right to modify, suspend, or terminate the referral programme, including the rebate percentages, caps, or any associated terms, at its sole discretion and without prior notice.
9.1.13. TDME further reserves the right to disable or restrict access to the referral programme for any Account Holder at any time if the Account Holder is found to have breached these terms or is otherwise deemed ineligible to continue participating.
9.2. Promotional Campaigns
9.2.1. TDME may, from time to time, initiate and conduct competitions, giveaways, or other forms of promotional campaigns (collectively referred to as “Promotions” or “Campaigns”), either independently or in collaboration with third-party partners. By participating in any such Promotion, the Account Holder agrees to comply with the applicable rules and terms as published by TDME on its official platform or website at the time the Promotion is run.
9.2.2. Participation in any Promotion or Campaign is conditional upon the Account Holder holding a verified TDME account. Unverified users will not be eligible to register for or take part in any such initiative.
9.2.3. TDME reserves the full and sole discretion to amend, revise, suspend, extend, terminate, or otherwise modify the terms and structure of any Promotion at any time without prior notice. This includes, but is not limited to, changes in participation criteria, selection mechanisms, prize allocation, eligibility periods, or the total number of winners.
9.2.4. TDME further reserves the right, at its absolute discretion and at any stage, to disqualify any Account Holder from participating in a Promotion, receiving any rewards, or having specific trades excluded from qualification in connection with a Promotion, should TDME deem such disqualification necessary or appropriate for any reason whatsoever.
9.2.5. All prizes awarded under Promotions will be offered “voetstoots” (as-is), without any warranty or representation by TDME as to the nature, condition, quality, legality, or fitness for any purpose – whether latent or patent. TDME shall bear no responsibility or liability for any damages or losses arising from the acceptance, use, or nature of such prizes.
9.2.6. Rewards or prizes issued to winners of Promotions will be distributed within a commercially reasonable time following the public announcement of the winner(s), and in such form and method as specified in the applicable Promotion terms.
10. Jurisdictional Eligibility and Restrictions
10.1. To maintain an account with TDME, the Account Holder must have reached the legal age of majority as prescribed by the jurisdiction of their residence and/or citizenship and must possess full legal capacity to enter into and be bound by these Terms. In cases where the Account Holder is a minor, they warrant that the necessary legal consent has been obtained from a parent or legal guardian. Alternatively, the parent or legal guardian, by accepting these Terms on behalf of the minor, affirms their authority to do so.
10.2. TDME will not recognise or permit the use of any Linked Bank Account that is domiciled in a jurisdiction listed on international sanctions registers or designated as prohibited by applicable governmental or intergovernmental sanctions bodies.
10.3. The movement of funds to or from the Account Holder’s TDME Account may be subject to limitations or restrictions under the banking, financial, or exchange control laws applicable in the Account Holder’s country of citizenship or residence. It is the sole responsibility of the Account Holder to understand, comply with, and bear the consequences of such legal and regulatory requirements.
10.4. The Services provided by TDME may not be accessed or utilised by any individual or entity who is a citizen, resident, or located in a jurisdiction that is the subject of a United States embargo, United Nations sanctions, or any other applicable international sanctions regime. This includes, without limitation, any jurisdiction appearing on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List. The Account Holder affirms and warrants that they are not subject to any such restrictions and will not access the Services from such jurisdictions. TDME retains the right to deny access to the Services to users located in or associated with any jurisdiction it deems restricted or high-risk, at its sole discretion.
11. VERIFICATION & ADDITIONAL INFORMATION
11.1. Account Holders shall be required to submit personal information and supporting documentation when registering for a TDME Account. TDME reserves the right to verify such information, including by way of authorised third-party service providers. These verification procedures may include, but are not limited to, the fulfilment of statutory KYC (Know Your Customer), KYB (Know Your Business) and/or FICA (Financial Intelligence Centre Act) compliance measures.
11.2. By accepting these Terms, the Account Holder expressly consents to TDME conducting any KYC/KYB, FICA, or similar identity verification processes as TDME deems necessary in its sole discretion, at any time and without prior notification.
11.3. TDME maintains an internal Anti-Money Laundering policy (“AML Policy”), developed in accordance with applicable anti-money laundering legislation, implementing regulations, and global best practice guidelines. This AML Policy operates on a risk-based approach and governs the procedures TDME utilises to assess, verify, and monitor Account Holders. The AML Policy may be amended periodically, and any changes may affect how TDME verifies or continues to verify the identity of its Account Holders.
12. ACCOUNT-HOLDER WARRANTIES
12.1. The Account Holder hereby warrants and undertakes that:
12.1.1. the TDME Account will not be opened in the name of any third party, whether natural or juristic;
12.1.2. the TDME Account shall be used exclusively for the Account Holder’s own benefit, unless TDME has granted prior written authorisation on an official TDME letterhead explicitly permitting the Account Holder to operate the TDME Account for the benefit of its own clients;
12.1.3. the Account Holder shall not register or operate more than one TDME Account in their individual or corporate capacity;
12.1.4. except where Shared Account Access has been expressly granted, the Account Holder shall not access, use, or engage with any TDME Account other than their own; and
12.1.5. the TDME Account shall be utilised solely for lawful and legitimate activities.
12.2. Any breach of the warranties set out in clause 12.1 shall constitute a material breach of these Terms, and TDME shall be entitled, at its sole and absolute discretion, to suspend, restrict, or permanently terminate the Account Holder’s access to the TDME Account without prior notice and without incurring any liability.
13. ACCOUNT HOLDER LIABILITY FOR PLATFORM ACCESS AND API USAGE
13.1. The Account Holder acknowledges, accepts, and irrevocably agrees that TDME shall be entitled to rely upon, act on, and treat as binding any instruction, consent, authorisation, agreement or action that is executed or communicated by any individual who accesses or uses the Account Holder’s TDME Account, irrespective of whether such individual has been expressly authorised by the Account Holder or not.
13.2. The responsibility for maintaining the confidentiality and security of any login credentials, including but not limited to passwords, API keys, authentication tokens, or any other access credentials, shall rest solely and entirely with the Account Holder. Under no circumstances shall such responsibility transfer to TDME, and TDME shall not be liable for any unauthorised access, loss or damages resulting from the Account Holder’s failure to adequately safeguard these credentials.
14. VERIFICATION TIERS
14.1. Each Account Holder shall be allocated a specific verification tier by TDME, determined by the nature and completeness of the information submitted during the onboarding and account maintenance process. Access to enhanced functionality on the Platform – including but not limited to higher withdrawal limits and access to fiat trading features, where applicable – will be contingent upon the Account Holder’s verification tier. Account Holders may request an upgrade of their verification tier by completing the requisite steps as guided on the Platform. Additional details regarding verification tiers are accessible through TDME’s official Website.
15. ACCOUNT TERMINATION AND DECEASED ESTATE PROCEDURES
15.1. Termination of Account by the Account Holder
15.1.1. An Account Holder may request closure of their TDME Account at any time by submitting a formal request to TDME through the prescribed process.
15.1.2. Prior to TDME initiating the account closure process, the Account Holder shall be required to withdraw all available funds held in their TDME Account to an External Address or their designated Linked Bank Account. TDME shall permit such withdrawals for a limited period, as specified by TDME, following the submission of the closure request, unless restricted by (i) Applicable Law; or (ii) a valid subpoena, court directive, or binding order issued by a competent governmental authority.
15.1.3. TDME shall remove the Account Holder’s access to the Platform within five (5) Business Days of closure and deactivate the Account, subject to TDME’s obligation to retain certain information for regulatory compliance or internal record-keeping purposes. Once deactivated, the TDME Account may not be reactivated and any future access must be initiated through a new application process.
15.2. Deceased Account Holder
15.2.1. Upon receiving formal legal documentation confirming the death of an Account Holder, or upon receiving information giving rise to a reasonable belief that the Account Holder is deceased, TDME reserves the right to restrict or suspend access to the Account for security purposes. No further transactions shall be processed until TDME receives verified instructions from the executor appointed to administer the deceased’s estate.
15.2.2. Where there is suspicion of death without conclusive documentation, the Account Holder authorises TDME to make reasonable enquiries, directly or via third parties, to confirm the status of the Account Holder.
15.2.3. TDME reserves the right to request any documentation it considers necessary, in its sole and absolute discretion, to verify the authority and identity of the executor or fiduciary. Such documentation may include, without limitation, an official court-issued appointment or fiduciary order from a court of competent jurisdiction. In instances where TDME deems the documentation insufficient or the executor designation is contested, TDME may insist on receiving a judicial order resolving the matter prior to taking any further action on the Account.
15.2.4. Upon receipt of satisfactory proof of (i) the Account Holder’s death; (ii) the appointment of the executor or authorised fiduciary; and (iii) any additional documentation reasonably required by TDME, the executor shall be granted access to the Account. Thereafter, the executor shall be entitled to administer the assets held in the TDME Account in accordance with applicable laws and fiduciary obligations.
16. UNCLAIMED ASSETS
16.1 If the Account Holder’s account remains inactive for three years and they do not respond to TDME’s reasonable attempts to contact them, TDME may be obliged to remit the balance to the appropriate authority as unclaimed property within a 3-year period.
17. SECURITY PROCEDURES AND ACCOUNT HOLDER RESPONSIBILITIES
17.1. While TDME has implemented reasonable and appropriate security procedures to protect the integrity of each Account Holder’s access and use of the Platform, it remains the Account Holder’s sole responsibility to exercise due diligence in monitoring their account activity and to promptly notify TDME of any anomalies or unauthorised transactions.
17.2. The safeguarding of login credentials, including passwords and any related authentication information, shall rest exclusively with the Account Holder.
17.3. The Account Holder shall ensure that any device used to access their TDME Account is regularly scanned for malware, viruses, or any software that may compromise security, and shall take reasonable precautions to maintain a secure computing environment.
17.4. Any negligence or failure by the Account Holder to observe these obligations may result in financial loss or unauthorised transactions for which TDME disclaims all liability.
17.5. TDME may offer, at its discretion, enhanced security features for Account Holders (including, but not limited to, two-factor authentication mechanisms). While TDME recommends the utilisation of such features, the implementation and maintenance thereof shall be the Account Holder’s responsibility. The Account Holder agrees to maintain secure control of all devices, email addresses, or contact methods used in connection with such features.
17.6. With respect to private keys:
17.6.1. TDME shall act as the custodian of all private cryptographic keys linked to the Crypto Assets within the Account Holder’s account. TDME may engage one or more regulated third-party custodians to facilitate secure storage and management of such private keys.
17.6.2. The Account Holder acknowledges and agrees that full control and administration of the private keys shall remain exclusively with TDME. This responsibility shall not be delegated, assigned, or transferred to the Account Holder under any circumstances.
17.6.3. Notwithstanding TDME’s role as custodian, ownership of the Crypto Assets shall remain vested with the Account Holder at all times. The custodial arrangement does not grant TDME any proprietary rights or beneficial interest in the assets held in custody.
18. SERVICE CHANGES & ACCOUNT SUSPENSION
18.1 TDME may modify or discontinue any Service at any time.
18.2 We may suspend, block or freeze (“make inaccessible”) an Account where illegal activity is suspected, in response to legal process, or at our discretion. TDME is not liable for losses arising from such suspension.
18.3 TDME shall not be held liable for any losses arising from the suspension, blocking, or freezing of an account (including situations where the Account Holder is unable to access their TDME account due to such actions), and any decision by TDME not to exercise its rights under this clause shall not be deemed a waiver of those rights, nor shall it give rise to any liability for acts taken or not taken in relation to such rights.
19. PROHIBITED CONDUCT AND MISUSE
19.1 TDME retains the right to restrict, suspend, or terminate an Account Holder’s access to their Account should there be, or appear to be, any actual or suspected occurrence of the following. The Account Holder agrees not to:
19.1.1 Violate any applicable laws, regulations, contractual obligations, intellectual property rights, or the rights of any third party when using services offered by TDME;
19.1.2 Use the Services in a way that interferes with, disrupts, or impairs the experience of other users, or which may damage, disable, overload, or compromise the proper functioning of the Services;
19.1.3 Utilise the Services to facilitate, fund, or engage in any unlawful activities, including but not limited to illegal gambling, fraud, money laundering, corruption, bribery, terrorist financing, or any other criminal conduct;
19.1.4 Employ any automated systems such as bots, scrapers, or other data extraction tools not expressly approved by TDME to interact with the Services or retrieve data;
19.1.5 Attempt to gain access to or use another person’s account without proper authorisation;
19.1.6 Bypass or attempt to bypass any content filters or access controls put in place by TDME, or attempt to access any areas or functionalities of the Services for which you are not authorised;
19.1.7 Introduce any malicious software, including viruses, malware, worms, trojans, logic bombs, or other harmful code or technology that could compromise or damage the Services;
19.1.8 Create or offer third-party applications or tools that interact with the Services without prior written approval from TDME, unless otherwise explicitly permitted;
19.1.9 Submit information that is knowingly false, inaccurate, or misleading;
19.1.10 Upload or disseminate any content or communications that TDME, in its sole discretion, deems defamatory, offensive, abusive, threatening, hateful, discriminatory, bigoted, fraudulent, deceptive, or otherwise inappropriate or unlawful;
19.1.11 Share or distribute unsolicited marketing, spam, political campaigns, chain letters, or other promotional material intended to deceive, manipulate, or mislead users of the Platform;
19.1.12 Post or share content that includes the private or personal information of third parties without their explicit consent;
19.1.13 Encourage, solicit, or assist any other individual or entity to engage in any of the above prohibited behaviours; or
19.1.14 Attempt to manipulate, abuse, or circumvent the terms or mechanics of any promotion, campaign, or incentive scheme offered by TDME.
19.2 Any conduct described above will constitute a material breach of these Terms. TDME reserves the right to immediately suspend or terminate the Account Holder’s access to their Account or the Services in response, unless doing so would be in violation of applicable legal obligations or compromise TDME’s own operational security.
20. LEGAL COMPLIANCE
20.1 The Account Holder bears sole responsibility for complying with laws applicable to Account Holder activities, including tax obligations.
21. COPYRIGHT
21.1 TDME, along with all content featured on its Website, Applications (Apps), & named profiles on social media platforms holds exclusive ownership of its materials, which are protected under South African and international copyright legislation. In addition, the compilation of all content provided through the Platform and/or Services constitutes the intellectual property of TDME, unless otherwise explicitly credited to a third-party author, and is equally safeguarded by relevant copyright laws.
21.2 Except where expressly permitted under these Terms or by applicable fair use provisions of South African copyright law, no part of the content may be duplicated, adapted, distributed, published, stored, publicly displayed, posted, or transmitted in any manner or by any means, whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of TDME. Where such consent is granted, TDME reserves the right to revoke or modify this permission at any time at its sole discretion.
21.3 Account Holders are specifically prohibited from replicating any part of the content found on TDME’s Website to any other server or platform, unless prior written consent has been obtained from TDME. Should such permission be granted, TDME retains the right to withdraw that consent at any point, without notice, at its absolute discretion.
21.4 TDME maintains a strict policy against any infringement of copyright or intellectual property rights on its Website, Apps & named profiles on social media. In alignment with this policy, TDME may, in its sole judgment, remove or disable access to any content posted by an Account Holder that is deemed to infringe upon the intellectual property rights of TDME or any third party.
22. INTELLECTUAL PROPERTY
22.1 The Account Holder agrees not to engage in any attempts to decipher, decompile, disassemble, reverse engineer, or otherwise tamper with any part of the software, code, or systems that constitute or power the Platform, including any algorithm or proprietary logic used by TDME.
22.2 All intellectual property available on the Website is either owned by TDME or licensed for its use. Account Holders are strictly prohibited from using any intellectual property belonging to TDME for any purpose other than as necessary to access and use the Website in accordance with its intended function.
22.3 All trademarks, copyrights, and other intellectual property rights related to the content available on the Platform are the exclusive property of TDME, except where expressly credited to third-party owners
22.4 No Account Holder may use, reproduce, or display any trademark found on or originating from the Platform without first obtaining prior written consent from the rightful trademark holder, subject only to fair use provisions. TDME owns all marks, including its name, logo, and associated branding, whether registered, unregistered, or pending registration, all being the sole property of TDME.
22.5 Nothing contained on the Website shall be construed, whether expressly or implicitly, as granting any right or license to an Account Holder to use or display a trademark that the Account Holder does not own, regardless of the trademark’s registration status.
23. CONFIDENTIALITY
23.1. “Confidential Information” refers to any documentation or data that TDME receives, creates, or obtains from an Account Holder, as well as any proprietary or non-public information related to TDME’s business operations, systems, or the Services it provides, which must be treated with the utmost confidentiality.
23.2. An Account Holder is strictly prohibited from disclosing, soliciting, distributing, or misappropriating any Confidential Information, trade secrets, or other proprietary content belonging to third parties without their prior written consent, or in breach of any legal, contractual, or fiduciary obligation.
23.3. If an Account Holder becomes legally compelled to disclose any Confidential Information, they must notify the party who originally shared the information as soon as reasonably possible and consult with them before making any such disclosure.
23.4. An Account Holder must immediately notify TDME if they become aware of any suspected or actual breach of this confidentiality undertaking.
23.5. TDME will only use the Confidential Information provided by an Account Holder for the following purposes:
23.5.1. To deliver or perform the Services for which the information was originally shared;
23.5.2. For marketing or communication purposes, where such use aligns with TDME’s Privacy Policy and accordance with the terms and conditions set out in this Agreement.
24. DOMICILIUM CITANDI AND CONTACT DETAILS
24.1. For purposes of legal service of process, as well as for the delivery of any formal notices contemplated in or required by these Terms, both TDME and the Account Holder hereby nominate their respective domicilium citandi et executandi as follows:
24.1.1. TD Markets (Pty) Ltd t/a TD Markets Exchange (TDME): 12th Floor, Green Park Corner, 3 Lower Road, Sandton 2196, Johannesburg, South Africa.
Email: care@tdmarkets.com
24.1.2. Account Holder: The physical and email address submitted during the registration process on the TDME Platform including web brower & applications (Apps).
24.2. Either party may amend its chosen domicilium address (physical or electronic) by providing written notice to the other party. Any change will become effective seven (7) days after receipt of such notification.
24.3. All notices required or permitted under these Terms shall:
24.3.1. Be reduced to writing;
24.3.2. Be delivered either by hand or sent via email to the address provided; and
24.3.3. Be deemed received on the date of physical delivery or on the day the email is transmitted, unless proven otherwise.
24.4. Despite the foregoing, if a notice is actually received by the intended recipient, even if not delivered in the manner prescribed in this clause, such notice shall be considered valid and properly delivered.
25. DISCLAIMER
25.1. TDME makes no express, implied, or statutory warranties, guarantees, or representations in relation to the Services offered through its Platform.
25.2. Except where explicitly stated within these Terms, all Services are made available to the Account Holder strictly “as is” and “as available.” TDME disclaims any and all other warranties – whether express, implied, or prescribed by law—including, without limitation, warranties of merchantability, fitness for a specific purpose, title, and non-infringement of rights.
25.3. TDME and the Account Holder both waive any and all claims arising from damages incurred as a result of the interception, unauthorized access, or compromise of information. The risks associated with transmitting any such information rest solely with the party choosing to submit it.
26. RISK DISCLOSURE, ASSUMPTION OF RISK & LIMITATION OF LIABILITY
26.1. Trading digital assets, including Crypto Assets and any other form of digital rights or value representations, as well as engaging with TDME’s services, entails substantial risk and potential financial loss. This includes, but is not limited to, the risks identified in TDME’s official Risk Disclosure Statement, which is hereby incorporated by reference. Account Holders are strongly encouraged to thoroughly review this statement. The following points highlight specific risks:
26.1.1. The properties, features, protocols, and technical specifications of any given Crypto Asset and the systems, software, protocols, and related infrastructure that underpin them may be intricate, difficult to evaluate, and highly technical in nature.
26.1.2. Crypto Assets may be susceptible to security vulnerabilities or cyberattacks (“Attacks”), including coordinated computational attacks that could undermine the integrity or operation of a blockchain or distributed ledger.
26.1.3. The behaviour or performance of Crypto Assets may change unexpectedly due to software changes, protocol forks, chain rollbacks, or exploits. Such events may severely impair the value or usability of the affected Crypto Asset.
26.1.4. Crypto Assets may experience irrecoverable loss, duplication (double-spending), or complete devaluation due to protocol failures, governance issues, rollbacks, or malicious interventions.
26.1.5. Just as TDME reserves the right to pause, delist, or cease support for any Crypto Asset at its discretion, other platforms or third-party service providers may similarly discontinue support for certain assets.
26.2. TDME is not obligated to support derivative tokens, side chains, or any crypto assets that arise from forks, protocol amendments, or enhancements of supported assets, even where the base asset is supported by TDME.
26.3. An Account Holder may lose access to specific Crypto Assets if TDME discontinues support for those assets before a withdrawal is initiated, potentially resulting in permanent loss of funds.
26.4. The market value of verified Crypto Assets may deteriorate due to various uncontrollable factors including fraud, manipulation, perceived or actual technical flaws, third-party suspension of support, or general loss of confidence.
26.5. Legal and regulatory developments, especially in uncertain or rapidly changing jurisdictions, may negatively impact the usability, transferability, or value of Crypto Assets. Legislative action may render some Crypto Assets non-viable.
26.6. Account Holders may encounter failed transaction attempts or communication breakdowns due to hardware, software, or service disruptions, including internet outages or service provider issues.
26.7. Transactions or communications sent to TDME may be lost, intercepted, or modified during transmission.
26.8. Account compromise may occur through unauthorised access, including but not limited to theft of login credentials, device hijacking, or circumvention of multi-factor authentication protocols.
26.9. Any implied or advertised return, yield, or performance metric relating to Crypto Asset-related products or services is purely speculative. TDME does not guarantee such outcomes. Account Holders may experience returns significantly lower than expected, or complete loss of capital. Historical performance is not indicative of future results.
26.10. The risks outlined above may lead to loss of access, loss of value, or total loss of Crypto Assets. Account Holders may also be unable to trade, withdraw, or realise any benefits associated with specific Crypto Assets. TDME accepts no liability for losses arising from these risks.
26.11. Under no circumstances shall TDME be liable for indirect, incidental, consequential, exemplary, or punitive damages, or for any interruption in business operations, loss of data, or loss of expected profits. TDME disclaims all warranties, whether expressed or implied, including warranties related to merchantability, performance, or fitness for a particular purpose. TDME does not guarantee that its platform will operate without interruption or error.
26.12. The Account Holder represents and affirms they:
26.12.1. Possess the necessary technical understanding to assess the risks, security profile, and operational structure of any Crypto Asset they may acquire or trade.
26.12.2. Have adequate financial resources and personal capacity to undertake trading activities involving Crypto Assets, including a full appreciation for the potential loss of all invested fiat and digital funds. The Account Holder accepts responsibility for independently evaluating such risks before proceeding.
26.13. TDME’s decision to support or list a particular Crypto Asset shall not be construed as an endorsement of its quality, integrity, security, or operational soundness. TDME assumes no responsibility for the technical or market risks associated with any listed or unlisted Crypto Asset.
27. GOVERNING LAW
27.1. These Terms are fully governed by the laws of the Republic of South Africa.
28. DISPUTE RESOLUTION
28.1. Should any disagreement, claim, or dispute arise between the Parties in relation to these Terms, including but not limited to matters concerning their application, execution, interpretation, correction, termination, or cancellation; the Parties agree to make reasonable efforts to resolve the matter amicably. Upon written request by either Party, the Parties shall attempt to resolve the dispute through informal negotiation within a period of 30 (thirty) days from the date the issue is raised, prior to pursuing any formal legal action or proceedings.
28.2. To the fullest extent allowed under applicable law, the Parties acknowledge and agree that any dispute or claim shall be pursued solely in an individual capacity. The Account Holder waives any right to initiate or participate in any class action, group litigation, or representative proceeding against TDME.
29. ENTIRE AGREEMENT
29.1. These Terms constitute the full and final agreement between the Parties in respect of the subject matter contained herein. No undertakings, representations, warranties, or terms not expressly recorded in this document shall be of any force or effect or binding upon the Parties.
30. SEVERABILITY
30.1. Should any provision of these Terms, whether in whole or in part, be deemed invalid, unlawful, or unenforceable by a court or competent authority, such provision shall be considered separate from the rest of the Terms to the extent necessary. The validity and enforceability of all remaining provisions shall remain unaffected and continue to apply in full force.
31. FORCE MAJEURE
31.1. Neither TDME nor the Account Holder shall be deemed to be in breach of these Terms if either party is unable to fulfil any of its obligations due to an event beyond its reasonable control (“Force Majeure”), provided that the affected party has exercised all reasonable efforts, taken appropriate precautions, and explored viable alternatives to comply with the Terms, and has notified the other party promptly of the occurrence of such an event. While the Force Majeure event persists, both parties’ obligations shall be suspended.
However, if such an event continues uninterrupted for a period exceeding fourteen (14) days, either party shall have the right to terminate these Terms by written notice to the other.