Terms

Terms of Use

1. General

1.1. Welcome to Thorn Kapsted (hereinafter the 'Website').

1.2. The Website provides information about third-party platforms (hereinafter 'Third-Party Platforms') that enable trading (hereinafter the 'Services').

1.3. These terms of use (hereinafter the 'Terms') govern your ('You', 'Your', or 'User') use of the Website and the associated Services. We encourage you to read these Terms carefully before using the Services. By using the Website, you accept these Terms, which constitute a legally binding agreement between you and the operator of the Website. If you do not accept the Terms, you must immediately stop using the Website. The Terms may be updated from time to time.

These Terms also incorporate our privacy policy, and by accepting the Terms you also consent to our processing of personal data (you can find our privacy policy here).

2. Eligibility

2.1. You may only use the Website if you meet the following criteria:

2.1.1. You are at least 18 years old;

2.1.2. You have the legal right, authority, and ability to enter into this agreement and comply with all terms and conditions set forth herein;

2.1.3. You are not prohibited from using the Website and/or the Services under the laws of the country where you reside or are located when accessing the Website.

2.2. Thorn Kapsted gives no warranties, express or implied, about the legality of the Website and/or the Services, or how individuals choose to use them. We assume no liability for unauthorised use of the Website and/or the Services.

3. Restricted Territories

3.1. In addition, Thorn Kapsted reserves the right, at its sole discretion, to restrict access to the Website and/or the Services (or parts thereof) for: (i) users in certain areas (hereinafter 'Restricted Territories'), and (ii) individuals we reasonably believe may pose legal, regulatory, reputational or financial risks.

3.2. We may impose additional terms or requirements before accepting users residing in or coming from certain countries. If a user travels to a Restricted Territory, access to the Website and/or the Services may be limited or blocked.

4. Prohibited Activities

4.1. You agree to use the Website and Services respectfully and refrain from:

4.1.1. Creating links to the Website and/or using the Website to upload, download, distribute, publish, or transmit (a) information or material that infringes intellectual property rights, privacy, or other legal rights; (b) content that is illegal, threatening, offensive, defamatory, racist, or otherwise inappropriate; (c) content containing viruses or other software that could damage our systems or third-party systems; (d) content that violates applicable laws; or (e) content containing advertising without our written consent.

4.1.2. Removing or altering any legal notices or proprietary markings on the Website;

4.1.3. Accessing the Services through any interface other than the Website;

4.1.4. Disrupting other users' experience of the Website and/or the Services;

4.1.5. Using robots or automated systems to interact with the Website and/or the Services;

4.1.6. Uploading or sending (or attempting to send), without our consent, any material that acts as a passive information collection or tracking mechanism (e.g., web bugs, cookies, or spyware);

4.1.7. Engaging in framing, mirroring, or otherwise unauthorised copying of the appearance or functionality of the Services;

4.1.8. Violating applicable laws or encouraging illegal activity, including but not limited to copyright infringement, trademark infringement, defamation, identity theft, hacking, or distribution of unlawful software;

4.1.9. Modifying or manipulating the source code of the Website or uploading software that could damage the Website or third parties;

4.1.10. Decompiling, disassembling, or reverse engineering any software or technology used on the Website or Services.

4.2. You acknowledge that if we believe you are using the Website or Services in violation of these Terms or applicable law, we may monitor your use, restrict your access, share information about your activity with third parties, and take action we deem necessary to protect our and third parties' rights and interests.

5. Intellectual Property Rights

5.1. The entire Website, including all content such as videos, text, images, logos, design, music, sounds, graphics, trademarks, and other material, is protected by intellectual property rights owned by us or third parties.

5.2. We own all rights, title, and interest in the Website and Services. Use of the Website or Services does not grant the User any intellectual property rights, beyond the limited right of use set forth in these Terms.

5.3. Users may only use the Website and Services for personal, non-commercial purposes.

5.4. Users are strictly prohibited from modifying, decompiling, disassembling, reverse engineering, copying, transferring, creating derivative works from, renting, sublicensing, distributing, reproducing, republishing, scraping, downloading, displaying, transmitting, publishing, selling, or otherwise exploiting content from the Website without our express written consent. This prohibition covers all use not in accordance with the Terms, or involving unauthorised exploitation of content.

6. Limitation of Liability

6.1. Use of the Website and/or Services is at your own risk. To the extent permitted by law, we disclaim all liability and all warranties, express and implied, related to the Website and Services, including warranties of merchantability, title, fitness for a particular purpose, non-infringement, usefulness, accuracy, completeness, and timeliness. The Website and Services are therefore provided 'as is,' 'as available,' and 'with all faults.'

6.2. Without limiting the foregoing, we assume no liability for (a) errors, inaccuracies, or omissions in content on the Website; (b) interruptions or cessation of transmission to or from the Website via the Services; (c) viruses, trojan horses, or similar which may be transmitted by third parties via the Website or Services.

6.3. You agree to hold us harmless for losses you or third parties incur, directly or indirectly, in connection with the Website and/or Services. You are solely responsible for all decisions you make based on the content of the Website and/or Services.

6.4. Under no circumstances are we liable for special, direct, indirect, incidental, punitive, or consequential damages, including loss of profits or data, arising from your use of the Website and/or Services or material downloaded from the Website. This applies regardless of whether liability is based on warranty, contract, tort or other legal theory, and regardless of whether we were advised of the possibility of such damages. If we are held liable by a court, our liability shall not exceed £80. This limitation of liability applies to the fullest extent permitted by law.

6.5. We are not liable for technical problems or failures in telephone or network lines, computer systems, servers, providers, hardware, software, or interruptions caused by Internet traffic congestion or incompatibility between the Website/Services and your browser or equipment. We disclaim all liability related to your use of the Internet.

7. Third-Party Services or Content

7.1. When using the Services, you may encounter content or services from third parties, such as advertisements or mentions of Third-Party Platforms.

7.2. We do not control or endorse such content or services, and they may be inaccurate or outdated.

7.3. We recommend that you always verify information independently before relying on it. Any decision or action based on such information is at your own risk.

8. Links

8.1. The Website may contain links, content, advertisements, promotions, logos, and other material from third-party websites or software (hereinafter 'Links'). We draw your attention to the risks of using such websites, programs, or materials before you access, use, rely on, or purchase anything via them. Links are provided solely for your convenience, and you agree not to hold us liable for any loss or damage arising from the use of or reliance on content, goods, or services from such websites or programs.

8.2. Inclusion of Links on the Website does not imply any form of endorsement, authorisation, sponsorship, affiliation, or other relationship between Thorn Kapsted and such external websites, programs, or their operators.

8.3. We have not reviewed all these Links and are not responsible for the content of the websites or programs they point to. We recommend that you always assess the risk before accessing, using, relying on, or purchasing anything via these. Thorn Kapsted cannot be held liable for any loss or damage resulting from such use.

8.4. It is your responsibility to review the terms and policies of such third-party websites, and we strongly recommend that you read them carefully before interacting with the third parties.

9. Miscellaneous Provisions

9.1. We may, at our sole discretion, change, adjust, or discontinue parts of or the entire Services, as well as introduce new Services at any time. We are not liable for any losses you may incur as a result of such changes, and you may not bring any claim against Thorn Kapsted in this regard.

9.2. We reserve the right to update these Terms from time to time. When updates occur, we will publish the latest version and revise the date at the top of the page. Changes take effect immediately upon publication. By continuing to use the Website after the changes, you accept the updated Terms.

9.3. The User acknowledges that the transmission of information to or from the Website does not establish any relationship beyond that specified in these Terms.

9.4. These Terms and the Privacy Policy, as updated from time to time, represent the sole valid agreement between Thorn Kapsted and the User. No promises, agreements, or understandings, oral or written, outside of those contained herein, shall be legally binding.

9.5. If we do not enforce a right, power, or remedy immediately, this does not mean we have waived the right to do so later. Partial exercise of a right also does not preclude its full exercise.

9.6. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed without affecting the validity of the remaining provisions. The Terms shall nevertheless be interpreted so as to best reflect the original intent behind the provision, to the extent permitted by law.

9.7. We reserve the right to transfer or assign all our rights and obligations under these Terms to a third party. The Website and/or Services may also be operated by a third party. You have no right to transfer, assign, or pledge any of your rights or obligations under these Terms in any way.