Terms of use

Please read these Terms of Use (‘Terms’) carefully before accessing or using the Fern Kapitvale website and platform (‘Website’). By accessing or using the Website, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree, please cease using the Website.

1. Overview

1.1. You may visit Fern Kapitvale («https://fernkapitvale.com»).
Our email address is info@fernkapitvale.com.
1.2. This website provides information about third-party platforms (the "Third-Party Platforms") that offer trading services (the "Services").
1.3. These Terms govern your ("You", "Your" or "User") access to the Website and Services. Before accessing the Services, you must read these Terms carefully. They form a legally binding agreement between You and the website owner. To use the Website, you must accept the Terms in full. The Terms may be amended from time to time.
These Terms include our Privacy Policy. By accepting these Terms, you also agree to our Privacy Policy. (You can read our Privacy Policy here).

2. Eligibility

2.1. You may access the Website if you meet these terms and conditions.
2.1.1. You must be at least 18 years old.
2.1.2. You must be legally able to enter into and accept these Terms and Conditions.
2.1.3. The laws of the country where you live or use the Services must not prohibit you from accessing the Website or any of its services.
2.2. We make no guarantees, representations, or warranties regarding the legality or use of the Website or Services by any person. We are not responsible for any user’s unlawful use of the Website or Services.

3. Territories where access is restricted

3.1. Without limiting the scope of the information provided, we reserve the right to restrict access to the Services and/or Website (or any part of them) for: (i) users residing in areas where access is restricted (the "Restricted Territories"); and (ii) users we reasonably believe may pose a security, operational or reputational risk.
3.2. We may also apply additional terms before accepting users who are citizens or residents of certain countries. If users travel to a Restricted Territory, the Website or Services may be temporarily unavailable or blocked.

4. Restricted activities

4.1. You agree to use the Site and Services responsibly and not to:
4.1.1. Use our Website to download, upload, share, publish, transmit or send: (a) information or other material that infringes intellectual property, privacy, property or other rights; (b) information that may not be published or distributed because it is threatening, harmful, insulting, defamatory, racist or otherwise abusive; (c) information containing viruses or other software that may damage our computer systems or those of third parties, or block or restrict other users’ access to the Website; (d) any unlawful information or material; or (e) information or materials containing advertisements or other promotional content without our prior written consent.
4.1.2. Modify or remove any attributions, legal notices, labels or proprietary designations displayed on this Website.
4.1.3. Access the Services through any interface other than the Website.
4.1.4. Interfere with another user’s access to or use of the Website or Services.
4.1.5. Use bots or other automated methods to access the Site or its Services.
4.1.6. Upload, transmit or attempt to upload any content that actively or passively collects or transmits data, including web bugs, cookies or spyware, without our express permission.
4.1.7. Use framing, mirroring or any other method intended to imitate the appearance or functionality of the Services.
4.1.8. Engage in or encourage unlawful activity, including trade mark or copyright infringement, defamation, privacy breaches, identity hacking or the distribution of fraudulent software.
4.1.9. Modify or alter the source code of this Website, or upload applications or software that may damage the Website or harm another person.
4.1.10. Disassemble, decompile or reverse-engineer any technology or software available on the Website or used to provide the Services.
4.2. These terms are in addition to any other rights available to us. If we believe that your use of the Site is inconsistent with these Terms, our platform security standards or acceptable use requirements, we may monitor your use of the Website or Services, restrict or block access, share relevant usage information with appropriate third parties, or take other reasonable measures to protect third-party rights and property.

5. Intellectual property rights

5.1. The Website's content, including video content, text, images, logos, sounds, designs, trade marks and other materials, is protected by our intellectual property rights and those of third parties.
5.2. All rights, titles and interests in the Services and the Website belong to us. Except for the right to use the Services and the Website in accordance with these Conditions, the User's use of them does not grant the User any intellectual property rights.
5.3. The User may access the Website and/or the Services solely for personal, non-commercial use.
5.4. You must not, and must not permit anyone else to, modify, reverse engineer, decompile or copy the Services or Website, create derivative works, transfer usage rights or rent them.

6. Limits of liability

6.1. Your use of the Website and Services is your responsibility. We provide no warranties, express or implied, regarding the Website and Services or your use of them, including implied warranties of quality, merchantability, fitness for purpose, non-infringement, or usability. We also make no warranty as to accuracy, completeness, timeliness, or prompt delivery. The content and functions available on or through the Website are provided ‘as is’, ‘as available’, and at your own risk.
6.2. We are not responsible for any errors, omissions, or inaccuracies in the information on the Website. We also accept no responsibility for disruptions or interruptions affecting transmissions to, from, or through the Services.
6.3. We will indemnify you against any loss incurred directly or indirectly by you or a third party through the Website or Services. You remain responsible for any decisions made in reliance on information provided on the Website and/or through the Services.
6.4. We are not responsible for any loss or damage incurred directly or indirectly by you or any third party. This includes any loss of income or data resulting from your use of the Website and/or Services. This limitation of liability applies to the fullest extent permitted in the relevant region.
6.5. We accept no responsibility for technical issues involving internet or telephone lines, computer providers, system servers, or hardware. We are not responsible for your use of the internet.

7. Third-party content and related services

7.1. When using the Services, you may see content from third parties and external services, including adverts or reviews of Third-Party Platforms.
7.2. We are not responsible for the information or products referenced in that content. Such information or products may not always be current, accurate or up to date.
7.3. We recommend verifying the accuracy of all information before making any decision. You remain responsible for any decisions and actions based on that information.

8. Links

8.1. The site contains advertisements and other content, including materials made available through third-party websites (“Links”). Please consider this before downloading, accessing, or relying on information obtained from those websites, software, or other materials, or before completing any purchase or transaction. These links are provided solely for users’ convenience. We are not responsible for any damage or loss arising from the use of, or reliance on, information, products, or services made available through third-party websites or applications.
8.2. The inclusion of hyperlinks on this website does not imply our endorsement, authorisation, affiliation, or any other association with the relevant websites, their software, or their administrators.
8.3. We have not reviewed every linked website and are not responsible for the websites, software, or applications referred to. Before using or relying on these third-party services, or purchasing anything through them, you should carefully assess their content and terms. We are not responsible for any damage or loss arising from the use of, or reliance on, products, information, or content available through other websites or applications.
8.4. You are responsible for reviewing the terms and policies of any website operated by a third party. We strongly recommend reading them before accessing, interacting with, or making transactions through third-party websites.

9. Miscellaneous

9.1. We may alter, suspend or modify our Services at any time. We will aim to ensure that any changes do not materially disadvantage You. Such changes will not, by themselves, give rise to a claim against Us.
9.2. We may amend these Terms at any time. We will notify you by publishing the latest version and updating the date shown at the top. Any amendments will take effect within a few working days. If you continue to use the website after the amended Terms are published, you will be deemed to have accepted them.
9.3. The User acknowledges and agrees that information transmitted through or via the website creates no relationship other than those expressly stated in these Terms.
9.4. These Terms and the Privacy Policy, as amended from time to time, constitute the entire agreement between Us and the User. No promise, statement or agreement, whether oral or written, that is not included in these Terms or the Privacy Policy will be binding on either party.
9.5. Any failure or delay in exercising any right or power under these Terms will not constitute a waiver of that right or power. Any single or partial exercise of a right or power will not prevent any further exercise of that right or power, or any other right or remedy.
9.6. If any provision of these Terms is declared invalid by a court with competent jurisdiction, that provision will be removed to the extent required. The remaining provisions will continue to be interpreted and applied in accordance with their terms. Where appropriate, they will also be interpreted consistently with the intended purpose and meaning of the excluded provision, subject to the court's decision.
9.7. Under these Terms, third-party partners may transfer or assign their rights and obligations in full. Without limiting the above, third-party operators may manage the website and any of its services. You may not assign or transfer any of your rights or obligations under these Terms.