Terms of Use

Please read these Terms & Conditions (“Agreement”) carefully before interacting with is Kohle Capital Markets Pty Ltd ("KCM, we, our, us") or using our website, platform and/or products (“our services”).

Conditions of use

By using our services, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. KCM Trade only grants use and access of this website, its products, and its services to those who have accepted its terms.

General Advice

All information provided by KCM Trade is general financial product advice only.

You understand and acknowledge that KCM Trade has NOT considered your personal objectives, financial situation and needs when providing our services. Accordingly, you should consider your own personal circumstances, including your objectives, financial situation and needs when making any investment decision and reviewing our website.

You should consider seeking independent legal, financial, taxation or other advice to check how our website information relates to your unique circumstances. You should always consider the relevant disclosure document and/or seek professional advice before making any investment decision.

All indications of performance returns are historical and cannot be relied upon as an indicator for future performance.

Legal Documents

Before you continue using our services, we advise you to read our Financial Services Guide (FSG), Complaints and Privacy policies. It will help you better understand our practices.

Inaccuracies

KCM Trade makes every attempt to ensure the accuracy of the information provided to you. However, as we are constantly updating products and services, we cannot always guarantee the accuracy or completeness of any information found on our website. Accordingly, we reserve the right to change, update or modify information and to correct errors or omissions at any time without prior notice.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this website or subscribe to any of our services. By using our website, you warrant that you are at least 18 years of age, and you may legally adhere to this Agreement. KCM Trade assumes no responsibility for liabilities related to age misrepresentation.

Intellectual property

You agree that all materials, products, and services provided on our website are the property of KCM Trade, its affiliates, directors, officers, employees, agents, or suppliers including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute KCM Trade’s intellectual property in any way, including electronic, digital, or new trademark registrations.

Users & Subscribers

As a user of this website or subscriber of our services, you may be asked to register with us and provide personal information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

You are responsible for the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for all activities that occur under your account and/or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel subscriptions at our sole discretion.

Courses Subscription Fees Fees

KCM Trade offers educational courses with a Cashback opportunity. Each course has a regular price of $999, paid upfront on the commencement date.

Refunds

Cancellation of the Subscription Service/ 7-Day Money-Back Guarantee

You are eligible for a full refund of the Subscription Fee if you cancel the Subscription Service within the first 5 business days from its commencement, provided written notice is received by us. If you choose to cancel after this period, we reserve the right to decline a refund.

Cashback

How much is the cashback?

You can get up to 90% cashback. There are two stages of the process.

If you qualify for Stage 1, you'll receive a 30% cashback of the total amount paid for the course subscription. Upon meeting the criteria for Stage 2, you'll be entitled to a 60% cashback of the total course subscription fees.

How do I get the cashback? (Eligibility Criteria)

To qualify for a cashback:

Stage 1

Initiate your demo account with a virtual fund of US$100,000 Balance.

  1. Your demo account, is required to achieve a minimum net profit of 3%, i.e. your Balance without any holding positions reaching US$103,000 or more, by the end of the designated 30-day period; and,  
  2. A minimum of 4 trades must be completed within the designated 30-day period; and,  
  3. Your demo account's profit and loss are reset every 30 days. You have the opportunity for up to 3 attempts to qualify for the cashback of this stage.
Stage 2

Upon successfully completing Stage 1, your demo account will be reset with US$100,000 Balance.

  1. Your demo account, is required to achieve a minimum net profit of 5%, i.e. your balance without any holding positions reaching US$105,000 or more, by the end of the designated 30-day period; and,  
  2. The equity consistently remains above 150% of the margin throughout the entire specified 30-day period; and,
  3. A minimum of 4 trades must be completed within the designated 30-day period; and,
  4. Your demo account's profit and loss are reset every 30 days. You have the opportunity for up to 3 attempts to qualify for the cashback of this stage.
  • *Equity is the account balance plus or minus any profit or losses.
  • *Margin is the amount of funds required to initiate and sustain a position, determined by the margin percentage.
Example:

At a Spot Gold (XAUUSD) quote of 2,035.85, with a 5% margin percentage (20:1 leverage), the margin for buying one contract is calculated as:

  • Margin = Spot Gold Price x Contract Size x Margin Percentage x Volume
  • Margin = 2,035.85 x 100 x 5% x 1
  • Margin = US$10,179.25

When the Spot Gold price falls, running losses increase, leading to a decrease in the equity. Your position will be closed if the equity drops below US$15,268.88 (150% of US$10,179.25).

How and when do I receive my cashback reward if I successfully meet the criteria?

Congrats for successfully meet the cashback criteria! Please noted that you must contact our customer services team via cs@kcmtrade.com.au within 10 business days. Once our operation team verify the criteria are met accurately, we will initiate the cashback process. Please note that it typically takes approximately 5 business days for the refunded amount to be credited back to the account from which the payment was made to us.

Exclusions

Refunds will not be issued for accounts that have violated our terms of service or engaged in fraudulent activities.

The cashback scheme is subject to change, and any updates will be communicated transparently. For further assistance or clarification, please contact our customer support team.

Termination

We may terminate or suspend your account and prohibit access to our services including our website, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the T&Cs, in which all money owing will be retained and not paid out.

Indemnification

You agree to indemnify KCM Trade and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of:

  1. Your use and access of the services provided to you by KCM Trade, including the website, by you or any person using your account and password; or
  2. A breach of the T&Cs; or
  3. Demands that may arise fromyour use or misuse of our services. KCM Trade reserves the right to select ou own legal counsel.

Limitations

In no event shall KCM Trade, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. Your access to or use of or inability to access or use of our services; and
  2. Any conduct or content of any third party on our platforms; and
  3. Any content obtained from our services; and
  4. Unauthorised access, use or alteration of your transmissions or content, whether based on warranty,contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

KCM Trade, its directors, employees, partners, and agents do not warrant that:

  1. The services provided by KCM Trade will function uninterrupted, secure or available at any particular time or location; or
  2. Any errors or defects will be corrected; or
  3. Our services are free of viruses or other harmful components; or
  4. The results of using our services will meet your requirements.

Governing Law

This Agreement entered into with you is in all respects governed by and construed and interpreted in accordance with the law of the State of Victoria Australia and the courts of Victoria will have non-exclusive jurisdiction to hear and determine any legal action or proceedings arising out of or in connection with this Agreement, including any noncontractual disputes and claims (subject to any right which you or we may have to require a dispute to go to an alternative external dispute resolution scheme. You agree that all such legal actions and proceedings will be carried out in the English language.

If you are situated outside of Victoria, process by which any proceedings in Victoria are begun may be served on you in accordance with our local rules for service out of the Victorian jurisdiction. Nothing in this Term affects our right to serve process in another manner permitted by law.

Document Version: 2.0 (Nov 2023)
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