Terms of Use

1. General

1.1 These Terms form a legally binding agreement between you ("User", "you") and Kestrel Wertha ("Operator", "we", "us"), the owner and operator of the Website at https://kestrelwertha.com.

1.2 The Website serves as an information and marketing platform that connects Users with third-party trading service providers ("Advertisers"). The Operator does not provide financial, investment or trading services directly.

1.3 The Operator may update these Terms at any time. By continuing to use the Website after any changes are made, you agree to the updated Terms. We recommend checking this page from time to time.

1.4 If you have any questions about these Terms, please contact us at: support@kestrelwertha.com

2. Eligibility

2.1 By using this Website, you confirm that you are at least 18 years old, or the legal age of majority in your jurisdiction, whichever is higher.

2.2 You confirm that, under the laws of your country of residence, you are legally entitled to access and use the Website.

2.3 The Website may not be available or lawfully accessible in every jurisdiction. You are solely responsible for ensuring that your use of the Website complies with all applicable local laws and regulations.

2.4 The Operator may, at its sole discretion, limit access to the Website in certain regions, including where required to comply with applicable laws or regulatory requirements.

3. Nature of the Website

3.1 The Website operates solely as a digital marketing and information platform. It allows Users to make enquiries and register their interest in services provided by third-party Advertisers.

3.2 The Operator acts only as an intermediary, supplying the infrastructure that connects Users with Advertisers. The Operator does not directly sell, provide or deliver any financial, investment or trading services.

3.3 Any services, agreements or transactions that result from a User engaging with an Advertiser are governed solely by that Advertiser’s terms and conditions. The Operator accepts no responsibility for those services or agreements.

3.4 The Website is not a financial platform, broker, exchange or investment adviser. Nothing on this Website should be taken as an invitation or offer to buy or sell any financial product.

4. No Financial Advice

4.1 All content published on the Website is provided for information and promotional purposes only. It does not constitute financial, investment, legal or tax advice of any kind.

4.2 The Operator does not make any representations or give any warranties as to the accuracy, completeness, currency or reliability of any information published on the Website.

4.3 Any performance figures, testimonials or examples displayed on the Website relate to individual experiences only and do not guarantee the same results for every user. Past performance is not a reliable indicator of future results.

4.4 Before making any financial decisions, you should seek advice from a qualified, licensed financial adviser who understands your personal circumstances.

5. Account Registration

5.1 To access certain features of the Website, you may need to create an account and provide personal details, including your full name, email address and phone number.

5.2 You agree to provide accurate, up-to-date and complete information when registering, and to ensure your account details remain current at all times.

5.3 You may hold only one active account at any time. Setting up more than one account is strictly prohibited and may lead to the immediate suspension or permanent closure of all related accounts.

5.4 You are solely responsible for keeping your login credentials secure and confidential. The Operator is not liable for any loss or damage resulting from unauthorised access to your account where this occurs because you did not adequately protect your credentials.

5.5 You must notify the Operator immediately if you become aware of any unauthorised use of your account.

6. Prohibited Activities

6.2 If you breach any of these prohibitions, your account may be suspended or terminated immediately, and you may be liable under civil or criminal law.

7. Intellectual Property

7.1 All content, design features, logos, trade marks, software and source code on the Website are the exclusive intellectual property of the Operator or are used under a valid licence.

7.2 Users are granted a limited, non-exclusive and non-transferable licence to access and use the Website for personal, non-commercial use only.

7.3 You must not copy, alter, distribute, sell or otherwise use any content or materials from the Website for commercial purposes without the Operator’s prior written approval.

7.4 Any unauthorised use of the Operator’s intellectual property may lead to legal action.

8. Third-Party Services and Links

8.1 The Website may include links to third-party websites, platforms or services. These links are provided for your convenience only and do not imply any endorsement or recommendation by the Operator.

8.2 The Operator does not control, and is not responsible for, the content, accuracy, privacy practices or availability of any third-party websites or services.

8.3 Any dealings you have with third-party Advertisers, including purchases, agreements or services, are solely between you and the relevant Advertiser. The Operator is not a party to any such arrangements.

8.4 The Website may rely on third-party software, analytics and tracking tools. Any occasional service interruptions or delays resulting from these third-party providers are beyond the Operator's control.

9. Privacy and Data Protection

9.1 Your use of the Website is also subject to our Privacy Policy, which forms part of these Terms by reference. Please read our Privacy Policy at Privacy Policy.

9.2 By providing your personal information through the Website, you agree to its use in accordance with our Privacy Policy, including disclosure to Advertisers so they can respond to your enquiry.

9.3 The Operator handles personal information in line with applicable privacy and data protection laws, including, where relevant, the General Data Protection Regulation (GDPR).

9.4 If you believe your data has been used improperly, you must notify the Operator immediately at support@kestrelwertha.com and cooperate fully with any subsequent investigation.

10. Limitation of Liability

10.1 The Website and all content on it are provided on an "as is" and "as available" basis, without any express or implied warranties.

10.3 Nothing in these Terms limits or excludes liability for death or personal injury resulting from negligence, fraud, or any other liability that cannot lawfully be excluded.

11. Indemnification

12. Governing Law and Dispute Resolution

12.1 These Terms are governed by, and must be interpreted in line with, the laws of the jurisdiction where the Operator is registered, without reference to any conflict of laws principles.

12.2 Any dispute arising from or in connection with these Terms is subject to the exclusive jurisdiction of the courts with authority in the country where the Operator is registered.

12.3 Where required under applicable local law, disputes may instead be resolved through the courts in the User's country of residence.

12.4 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13. Miscellaneous

13.1 These Terms, together with the Privacy Policy and any other legal notices published on the Website, form the complete agreement between you and the Operator in relation to your use of the Website.

13.2 If the Operator does not enforce any part of these Terms, this does not constitute a waiver of that provision or any other provision.

13.3 The Operator may transfer its rights and obligations under these Terms without requiring your consent. You must not transfer your rights under these Terms without the Operator’s prior written approval.

13.4 All electronic communications sent to the Operator are deemed valid and legally binding correspondence.

13.5 These Terms are available in en and may also be provided in translation for reference only. If there is any inconsistency between the English version and a translated version, the English version will prevail.