PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This website is written and published by TYK Trade.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to TYK Trade and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
By using this website you agree and accept that these Terms and Conditions relate not only to the TYKTrade.com website and content but also all associated and related courses, products, services, and webpages, and all mediums of communication including text, video, audio and image.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and TYK Trade’s rights and obligations to each other.
RELIANCE ON CONTENT
The information, facts, insights, products and ideas (“Content”) are for general information and educational purposes only. Nothing contained in it is or is intended to be or construed as personal professional, investment or financial advice as it does not take into account your individual objectives, financial situation or needs. It should not be used, relied upon or treated as a substitute for specific or professional advice. It is for education and information purposes and to help you determine your own course of action but does not consider your personal situation. The products may suit your needs or they may not be appropriate for your own personal trading style but you are using any Content at your own risk and we make no guarantees as to any use, suitability, trading success or financial gain.
You should, before you act on or use any of this Content, consider the appropriateness of this information and products having regard to your own personal objectives, financial situation and needs and consult a professional. It should not be your only source of information but should be treated as a guide only. You should obtain your own independent professional advice before making any decision based on this information and you agree that you use this website and any Content at your own risk.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that TYK Trade is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), TYK Trade’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
TYK Trade may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between TYK Trade and the owners of those websites. TYK Trade takes no responsibility for any of the content found on the linked websites.
TYK Trade’s website may contain information provided by third parties for which TYK Trade accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, TYK Trade absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. TYK Trade gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of TYK Trade to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
By using our services, you agree that TYK Trade is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold TYK Trade liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by TYK Trade.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and TYK Trade takes no responsibility for your actions, choices or decisions.
Reference to any market, trading timeframe, analysis style or trading technique is for the purposes of information and education only. They are not to be considered a recommendation as being appropriate to your circumstances or needs.
All charting and analysis platforms referred to or used in our articles and videos have been chosen because of compatibility with our screen capture software. These charting and analysis platforms are being used to demonstrate and explain a trading concept, for the purposes of information and education only. They are not necessarily used by us in our live trading, and are in no way recommended as being suitable for your trading purposes.
All chart layouts (including timeframes, indicators and parameters) within our articles and videos are being used to demonstrate and explain a trading concept, for the purposes of information and education only. These chart layouts are not necessarily used by us in our live trading, and are in no way recommended as being suitable for your trading purposes.
Unless specifically stated otherwise, all trade setups and Trade shown within our articles and videos are to be considered hypothetical, selected after the fact in order to demonstrate a trading concept for the purposes of information and education only.
All testimonials provided on TYK Trade and associated products, services and webpages are real. File copies have been retained by the publisher. It is important to note that individual results may vary. A testimonial provided by one client may not be representative of all client experiences. Past performance does not guarantee future performance.
U.S. GOVERNMENT REQUIRED DISCLAIMER:
Futures Trading and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE Trade HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. TYK Trade’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data TYK Trade collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
TYK Trade does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
TYK Trade may be required, in certain circumstances, to disclose information in good faith and where TYK Trade is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of TYK Trade, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of TYK Trade. TYK Trade expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then TYK Trade will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. TYK Trade reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
TYK Trade expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and TYK Trade concerning your use and access to TYK Trade’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and TYK Trade that results in litigation then you must submit to the jurisdiction of the courts of NSW.
Changes to products, services and pricing
We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website. While we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we cannot guarantee the availability of any product.
All transactions are processed in US Dollars or Australian Dollars.
We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products and services in your Order.
Returns and refunds of an order.
We do not normally provide a refund if you have simply changed your mind about an Order, so please choose carefully.
You will fully indemnify TYK Trade in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your use of the Website; or
- your communications with TYK Trade
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.