1. Introduction

    This Terms & Conditions Agreement (“Agreement”) governs the relationship between Tinkletrade Capital Global Pty Ltd (“Tinkletrade,” “Company,” “we,” “our,” or “us”) and the Investor (“you,” “your,” or “Client”). By depositing funds and engaging in our managed Forex trading services, you acknowledge and agree to be bound by the terms set forth herein.

    Tinkletrade operates under ASIC regulations and provides managed Forex trading services exclusively to accredited investors and institutional investors.

    Tinkletrade Global Capital Pty Ltd is registered with the Australian Business Number (ABN) 18 685 877 196 and is officially registered with ASIC under the Australian Company Number (ACN) 685 877 196.

  2. Scope of Services
    1. Managed Forex Trading
      • Tinkletrade executes Forex trades on behalf of Investors, utilizing proprietary trading strategies.
      • Investors deposit funds with the Company, granting Tinkletrade full discretionary authority to trade within agreed risk parameters.
      • The Company does not provide advisory services or individualized investment recommendations.
    2. Trading Execution
      • Trades are executed in accordance with market conditions, liquidity availability, and risk management protocols.
      • The Company reserves the right to modify or suspend trading strategies in response to regulatory changes, market volatility, or operational risks.
  3. Investor Eligibility & Responsibilities
    1. Accreditation Requirements

      To participate in Tinkletrade’s managed Forex trading services, Investors must meet accreditation standards as defined under ASIC regulations, including but not limited to:

      • Net assets of at least AUD 2.5 million, or
      • Gross annual income of at least AUD 250,000 for the preceding two financial years, or
      • Certification as a wholesale client or sophisticated investor, verified by a qualified accountant.
    2. Investor Representations & Warranties

      By engaging with Tinkletrade, Investors represent and warrant that:

      • They understand and accept the risks associated with leveraged Forex trading.
      • They will not engage in fraudulent, unlawful, or misleading conduct while using the Company’s services.
      • They acknowledge that Tinkletrade is not liable for trading losses incurred as part of the managed trading program.
    3. Compliance Obligations

      Investors agree to comply with all applicable Australian financial regulations, including but not limited to:

      • Trade reporting rules under ASIC’s 2024 Reporting Requirements.
      • KYC (Know Your Client) and AML (Anti-Money Laundering) protocols implemented by the Company.
      • Disclosure obligations required for accredited investor status verification.
  4. Risk Disclosure & Liability Limitations
    1. Market & Trading Risks

      Investors acknowledge and accept that:

      • Forex trading is highly volatile, and past performance does not guarantee future results.
      • There is a possibility of partial or total capital loss depending on market conditions.
      • The Company does not provide guaranteed returns or profit assurances.
    2. Limitation of Liability
      • Tinkletrade shall not be liable for market disruptions, liquidity shortages, force majeure events, or regulatory interventions.
      • The Investor assumes full responsibility for their participation in the managed Forex trading program.
  5. Fees, Withdrawals & Profit Distribution
    1. Performance-Based Fees
      • Tinkletrade applies performance-based fees, which may vary based on account size and profitability.
      • Fees are deducted from trading profits, unless otherwise agreed in writing.
    2. Withdrawals & Fund Management
      • Investors may request withdrawals subject to processing timelines and minimum balance requirements.
      • The Company reserves the right to pause or delay withdrawals due to market conditions, compliance reviews, or operational considerations.
  6. Dispute Resolution & Governing Law
    1. Arbitration & Dispute Mechanism
      • Any disputes shall be resolved through binding arbitration under Australian law.
      • Investors retain the right to file regulatory complaints with ASIC if they believe there has been a breach of financial services laws.
    2. Jurisdiction & Legal Compliance
      • This Agreement is governed by the laws of the Commonwealth of Australia.
      • Investors agree that ASIC has sole jurisdiction over compliance-related matters concerning Tinkletrade’s Forex trading operations.
  7. Amendments & Termination
    1. Modification of Terms
      • The Company reserves the right to modify this Agreement at any time.
      • Investors will be notified of significant amendments via email or platform announcements.
    2. Account Termination
      • The Company may suspend or terminate an Investor’s participation in the managed trading program due to non-compliance, fraud, or regulatory violations.

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