Conditions of Use
1. General
1.1. Welcome to Kestrel Ledgix (the "Website").
Contact us at info@kestrelledgix.com
1.2. This Website provides information about third-party platforms ("Third-Party Platforms") for trading purposes (the "Services").
1.3. These Terms govern Your ("You", "Your", or "User") access to the Website and Services. You must read these Terms carefully before accessing the Services. These Terms constitute a legally binding agreement between You and the owner of the Website. If You do not accept these Terms in full, You must not use the Website. These Terms may be amended from time to time.
These Terms incorporate 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. Access to the Website is subject to the following conditions being met:
2.1.1. You are at least 18 years of age.
2.1.2. You have the legal capacity to agree to these Terms and Conditions.
2.1.3. The laws of your country of residence or the country from which you access the Services do not prohibit your use of the Website or its services.
2.2. We make no guarantees, representations, or warranties regarding the legality of the Website or its services for any particular person or jurisdiction. We are not responsible for any unlawful use of the Website or its services by any user.
Restricted Territories
3.1. We reserve the right to restrict access to the Services and/or Website (or any part of them) for: (i) users residing in Restricted Territories; and (ii) users we determine may pose a regulatory, legal, or reputational risk.
3.2. Users who are citizens of certain countries may be subject to additional terms before access is granted. If a user travels into a Restricted Territory, the Website or Services may be temporarily unavailable or blocked.
4. Prohibited activities
4.1. By using the Site and Services, you agree not to:
4.1.1. Upload, download, share, publish, transmit, or send: (a) material that infringes intellectual property, privacy, or other proprietary rights; (b) material that is unlawful to publish or distribute due to defamation, slander, or racism; (c) material containing viruses or other harmful software that may damage our systems or those of third parties, or that blocks or restricts other users from accessing the Website; (d) material that violates any applicable law; or (e) advertisements or promotional content without our prior written consent.
4.1.2. Modify or remove any proprietary attributions, legal notices, labels, or designations on this Website.
4.1.3. Access the Services through any interface other than the Website.
4.1.4. Interfere with other users' access to or use of the Website or Services.
4.1.5. Use bots or other automated means to access the Website or Services.
4.1.6. Upload or transmit — or attempt to upload or transmit — any content that involves data collection or transmission mechanisms, including web bugs, cookies, or spyware, without our express written consent.
4.1.7. Use framing, mirroring, or any other method to replicate the appearance or functionality of the Services.
4.1.8. Violate any applicable laws or regulations, or facilitate illegal activity, including intellectual property infringement, defamation, privacy violations, unauthorised access, or distribution of counterfeit software.
4.1.9. Alter or modify the Website's source code, or upload applications or software that may damage the Website or harm any third party.
4.1.10. Disassemble, decompile, or reverse engineer any technology or software on the Website or used to provide the Services.
4.2. These Terms are in addition to any other rights we may hold. If we reasonably believe your use of the Website or Services does not comply with these Terms or any applicable law, we may monitor your activity, restrict or block your access, disclose your conduct to relevant third parties, or take any other reasonable action to protect the rights and property of third parties.
5. Intellectual Property Rights All content on this website — including text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations — is the property of the Company or its content suppliers and is protected by applicable intellectual property laws. The compilation of all content on this website is the exclusive property of the Company and is protected by applicable copyright laws. All software used on this website is the property of the Company or its software suppliers and is protected by applicable intellectual property laws. You must not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of this website, use of this website, or access to this website without the Company's express written permission. Trademarks, service marks, and trade names displayed on this website are registered and unregistered marks of the Company. Nothing on this website grants any licence or right to use any trademark without the prior written permission of the Company. Any unauthorised use of the Company's intellectual property may give rise to a claim for damages and may constitute a criminal offence.
5.1. All content on this Website — including video content, text, images, logos, sounds, designs, trademarks, and other materials — is protected by our intellectual property rights and those of third parties.
5.2. All rights, title, and interest in and to the Services and Website remain ours. Accessing or using the Services and Website under these Terms does not grant you any intellectual property rights beyond the limited right to use them as expressly permitted.
5.3. The Website and Services may only be accessed for personal, non-commercial use.
5.4. You must not permit any person to modify, reverse engineer, decompile, copy, sublicense, rent, or create derivative works from the Services or Website.
6. Limitation of Liability To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or other intangible losses — arising from your use of, or inability to use, our services. Our total liability to you for any claim arising out of or relating to these terms or our services is limited to the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred Australian dollars (AUD $100). These limitations apply regardless of the legal basis for the claim — whether in contract, tort, statute, or otherwise — and even if we have been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. Where such laws apply, our liability is limited to the maximum extent permitted.
6.1. The Website and Services are provided for your use. We make no warranties, express or implied, regarding the Website or Services, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, or prompt delivery. All content and functionality accessible through the Website is provided "as is," "as available," and without any guarantee of outcome.
6.2. We accept no responsibility for errors, omissions, or inaccuracies in the content published on the Website, nor for any disruptions or interruptions to transmissions to or through the Services.
6.3. We are not liable for any loss, direct or indirect, incurred by you or any third party through use of the Website or Services. You are solely responsible for any decisions made in reliance on information provided through the Website or Services.
6.4. We are not liable for any loss or damage, direct, indirect, or consequential, suffered by you or any third party, including loss of income or data arising from your use of the Website or Services. This limitation of liability applies to the fullest extent permitted by applicable law.
6.5. We accept no responsibility for technical failures involving internet or telephone lines, computer systems, service providers, servers, or hardware, nor for any issues arising from internet use.
7. Third-Party Content and Services Our platform may include content, products, and services provided by third parties. These may appear as links, integrations, or embedded features within our website. We do not control third-party content or services and are not responsible for their accuracy, availability, or reliability. Accessing third-party content is at your own risk. We recommend reviewing the terms and privacy policies of any third-party provider before engaging with their services. We make no representations or warranties regarding third-party content and accept no liability for any loss or damage arising from your use of, or reliance on, such content or services.
7.1. When using the Services, you may encounter content from third parties, including ads or reviews of Third-Party Platforms.
7.2. We are not responsible for any information or products referenced through such content, which may not always be current or up to date.
7.3. Verify the accuracy of any information before making decisions. You are solely responsible for all decisions and actions taken based on that information.
8. Links
8.1. This site contains both content and advertisements, including materials made available through third-party websites ("Links"). Before accessing, downloading, or relying on any information, software, or other materials from these websites, or completing any purchase or transaction, please exercise caution. These links are provided for convenience only. We are not responsible for any damage or loss arising from the use of or reliance on any information, products, or services available through third-party websites or applications.
8.2. The inclusion of hyperlinks on this website does not imply endorsement, authorisation, affiliation, or any other form of approval by us in relation to those websites, their software, or their administrators.
8.3. We have not reviewed all linked websites and cannot be held responsible for their content or software. We caution you to exercise care before using, relying on, or purchasing anything from third-party websites or applications. We accept no responsibility for any damage or loss resulting from use of or reliance on any content, information, or products accessible through external websites.
8.4. It is your responsibility to review the terms and policies of any third-party websites before engaging with them. We strongly recommend doing so prior to making contact with any third-party site.
9. Miscellaneous
9.1. We may alter, suspend, or modify our Services at any time. Such changes will not give rise to any claims against us.
9.2. These Terms may be updated at any time. We will notify you by publishing the most current version with a revised date at the top. Changes take effect within a few business days. Continued use of the website after changes are published constitutes your acceptance of the updated Terms.
9.3. The User acknowledges and agrees that any information transmitted via the website does not create any relationship beyond what is explicitly 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. Any promise, representation, or agreement — whether oral or written — that is not contained in these documents has no legal effect on the parties.
9.5. Failure to exercise any right or power under these Terms does not constitute a waiver of that right or power. Any partial exercise of a right or remedy does not preclude any further exercise of the same or any other right or remedy.
9.6. If any provision of these Terms is found invalid by a court of competent jurisdiction, the remaining provisions will continue in full force and effect, interpreted as though the invalid provision were excluded, consistent with the original intent of the Terms.
9.7. We may transfer or assign all rights and obligations under these Terms to third-party partners, including the operation and management of the website and its services. You may not assign or transfer your rights or obligations under these Terms.