IMPORTANT NOTICE

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These Terms of Use (“Terms”) govern participation in digital asset transactions involving Trade Winds (Pty) Ltd (Registration Number 2025/309460/07) (“Trade Winds”, “we”, “our”, “us”), a private company incorporated in the Republic of South Africa.

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Trade Winds operates as a proprietary digital asset trading business, participating in crypto asset markets using its own capital. Trade Winds does not provide brokerage, advisory, custodial, or financial services to the public.

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By engaging in any transaction with Trade Winds, you acknowledge and agree to these Terms.

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Crypto assets are high-risk, volatile, and operate within an evolving regulatory environment. You should seek independent professional advice where appropriate.

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1. Definitions

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Unless otherwise indicated:

Applicable Law – All South African laws and regulations applicable to the parties.
Crypto Asset – A digital representation of value traded or transferred electronically.
Counterparty – Any person or entity transacting directly with Trade Winds.
Transaction – Any agreed trade involving the buying or selling of crypto assets.
Platform – Any third-party trading platform used to execute transactions.

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2. Regulatory Status

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Trade Winds operates as a proprietary trading entity and is not licensed as a Financial Services Provider (FSP) with the Financial Sector Conduct Authority (FSCA).

Trade Winds:

• Does not provide financial advice

• Does not manage funds on behalf of others

• Does not act as an intermediary between third parties

Trade Winds is not a bank or deposit-taking institution.

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3. Eligibility

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By engaging in any transaction, you confirm that you:

• Are at least 18 years of age

• Are legally capable of entering into binding agreements

• Are not subject to sanctions or legal restrictions

• Are acting for your own account

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4. Nature of Activity

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Trade Winds participates in the buying and selling of crypto assets as a principal counterparty using its own capital.

Transactions occur through third-party trading platforms or directly between counterparties.

Trade Winds:

• Does not operate an exchange

• Does not facilitate transactions between third parties

• Does not provide services to clients

 

5. Transaction Verification

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Trade Winds may request information to verify that payments originate from the individual participating in the transaction.

This may include:

• Identification documentation

• Proof of payment

• Bank account verification

This process is conducted solely for risk management and compliance purposes and does not constitute onboarding of clients.

 

6. Pricing

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Pricing for transactions is determined at the time of trade and may vary based on market conditions.

Trade Winds does not charge service fees. Pricing differences reflect market spreads and trading conditions.

 

7. Transactions & Execution

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Transactions are agreed between counterparties at the time of trade.

 

Once confirmed:

• Transactions are binding

• Crypto asset transfers are irreversible

• Timing and settlement depend on platform and network conditions

 

Trade Winds may decline or cancel a transaction in cases of:

• suspected fraud

• payment irregularities

• legal or compliance requirements

 

8. Restricted Jurisdictions

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Transactions may not be conducted with individuals or entities located in jurisdictions subject to sanctions or restrictions.

Trade Winds reserves the right to refuse transactions based on jurisdictional risk.

 

9. Risk Disclosure

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Crypto assets are volatile and may lose value.

 

You acknowledge and accept that:

• Prices fluctuate significantly

• Transactions may be irreversible

• Regulatory treatment may change

 

Trade Winds is not responsible for market losses.

 

10. Taxes

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You are solely responsible for determining and fulfilling any tax obligations arising from transactions.

Trade Winds does not provide tax advice.

 

11. Data Protection

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Personal information may be processed in accordance with applicable South African data protection laws, including the Protection of Personal Information Act (POPIA).

 

12. Intellectual Property

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All content, branding, and materials associated with Trade Winds remain the property of Trade Winds or its licensors.

 

13. Refusal of Transactions

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Trade Winds reserves the right to refuse or cancel any transaction at its discretion, including where there are concerns relating to:

• compliance

• fraud

• payment verification

• legal obligations

 

14. Limitation of Liability

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Trade Winds is not liable for:

• indirect or consequential losses

• market losses

• delays caused by third-party platforms or blockchain networks

 

15. Force Majeure

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Trade Winds is not responsible for delays or failures caused by events beyond its control, including system outages, network disruptions, or regulatory actions.

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16. AML & Compliance

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Trade Winds may monitor transactions and take action where suspicious activity is identified.

This may include:

• requesting additional information

• refusing transactions

• reporting to relevant authorities where required

 

17. Dispute Resolution

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Any disputes will be resolved through arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), seated in Johannesburg.

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18. Governing Law

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These Terms are governed by the laws of the Republic of South Africa.

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19. Amendments

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Trade Winds may update these Terms from time to time. Continued participation in transactions constitutes acceptance of any updates.

 

20. Contact Information

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TRADE WINDS (PTY) LTD
Registration No: 2025/309460/07
Email: hello@tradewinds247.co.za
Website: www.tradewinds247.co.za

 

21. Entire Agreement

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These Terms constitute the entire understanding between the parties relating to transactions involving Trade Winds.

 

22. Severability

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If any provision is found to be invalid, the remaining provisions remain enforceable.

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Last Updated: March 2026