Terms and Conditions
This page outlines the Terms and Conditions under which you may use the website of Kinetika Research https://kinetikaresearch.com/ (the "Website"). For the purpose of these Terms and Condition, 'Content' means all text, articles, graphics, software, data and other material; and 'User' means any person accessing the Website.
If you do not read and accept these Terms and Conditions, you should not use the Website. Kinetika Research may revise these Terms and Conditions at any time and will update this page with those revisions.
The Website is owned and operated by Kinetika Limited ('Kinetika', 'we', 'us'); a company incorporated in the Cayman Islands with a registered office at PO Box 31493, Fifth Floor, Zephyr House, 122 Mary Street, George Town, Grand Cayman KY1-1206, Cayman Islands.
Information Contained on this Website
While we are careful to ensure that all information is accurate, Kinetika Research does not accept any liability for errors, omissions, defects, unauthorised access or alterations to this Website. All information on the site is provided on an "as is" and "as available" basis and without any warranties of any kind, express or implied.
All information, prices and rates quoted on this Website are for guidance only and do not form any part of a legal contract, agreement or understanding. You should not take any action on foot of information appearing on this Website before taking appropriate professional advice.
The Content on this Website is provided for general informational purposes only and does not constitute, and should not be construed as, investment, legal, tax, financial, accounting or other professional advice. No action should be taken or omitted in reliance on any information contained on this Website without obtaining appropriate professional advice. You acknowledge and agree that no information, Content or materials provided through this Website shall be interpreted as creating any advisory, fiduciary or other professional relationship between you and Kinetika Research or any of its directors, officers, employees or agents.
To the fullest extent permitted by law, you further acknowledge and agree that Kinetika Research owes no duty of care to you in connection with your use of, or reliance upon, this Website or any Content made available through it, and that you shall not assert any claim alleging the existence of any such duty.
No representation, warranty or undertaking (express or implied) is given as to the accuracy, completeness or suitability of any information contained on this Website, and all reliance is at your sole risk.
What We Do
The services provided via this Website are limited to research and information-gathering functions and do not constitute a 'virtual asset service' under the Virtual Asset (Service Providers) Act (As Revised) nor 'securities investment business' under the Securities Investment Business Act (As Revised).
Intellectual Property
The Content of this Website, such as articles, other text, trademarks, service names, business and trading names, logos, graphics, images, software and other material, are protected by copyright, trademarks and other intellectual property rights under Cayman Islands law and any applicable international intellectual property laws and treaties.
Kinetika grants you a limited, personal, non-exclusive, non-transferable licence to access, view and download Content solely for your personal, non-commercial use and strictly in accordance with these Terms and Conditions. Any unauthorised use of the Content and material contained on this Website (including, without limitation, by way of copying or reproduction) may violate copyright, trademark and other laws.
You may not sell, decompile, reverse engineer or modify the Content and material or reproduce, display, publicly perform, distribute, or otherwise use the Content and material in any way for any public or commercial purpose.
Except where expressly permitted in writing by Kinetika Research, the use of the Content and material of this Website on any other website or in a networked computer environment for any purpose is prohibited.
Use of this Website
You agree not to use this Website or cause or permit any Content or materials to be used:
- so as to jeopardise or prejudice the operation, quality or integrity of this Website or Content and materials, or the operation, quality or integrity of any telecommunications network.
- to collect or scrape data though automated means or otherwise collect information about others, including e-mail addresses, without their consent.
- to distribute, download, upload or transmit any Content and materials which contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
- contrary to the Terms and Conditions of any Internet Service Provider whose services you may use.
If you violate any of these Terms and Conditions, your permission to use the Content and material on this Website automatically terminates and you must immediately destroy any unauthorised copies you have made of the Content and material of this Website.
Exclusions for Liability
Kinetika Research. has taken care to ensure that the information contained on this Website is accurate.
Kinetika Research does not represent or warrant the accuracy of any information contained on this Website or any website linked to this Website.
We accept no liability whatsoever for the Content of any other website once you have left this Website. We will not be liable for any penalties, injuries, losses, claims, damages, costs, expenses and/or interest arising from:
- any use or inability to use this Website from any unauthorized access to or alteration of this Website.
- having relied on any information or opinions obtained from this Website.
- any event which corrupts, interrupts or otherwise affects the administration of this Website, or the security of any aspect of this Website.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, or any liability which cannot lawfully be excluded.
All use by you of this Website is at your own risk. You assume complete responsibility for all losses which you may suffer as a result of using this Website, downloading materials from this Website or relying on the Content of this Website.
You acknowledge that there are risks in using the internet, and you agree and accept that we make no representations or warranties to you in relation to anything contained on this Website. Information that passes over the internet may not be secure and the confidentiality of such information cannot be guaranteed. You should ensure that you use the most secure technology possible when passing confidential information over the internet.
We are not responsible for, and cannot control, the Content or privacy policies of other websites. Where this Website contains links to other websites, these are clearly identifiable and you should note that different Terms and Conditions will apply to those websites. We do not endorse or approve the Content of such websites, nor do we provide you with any representation or warranty in relation to such websites. You access such websites solely at your own risk, and all liability for any matters arising in connection with your access to such websites is expressly excluded.
Third Party Service Providers
Where this Website includes references to any third party services providers such as valuers, mortgage intermediaries, etc, unless stated to the contrary, this does not indicate that Kinetika Research endorses or recommends any such service providers. If you choose to engage a service provider featured on this Website, you do so at your own risk.
Governing Law and Jurisdiction
These terms and conditions shall be construed in accordance with and subject to the laws of Cayman Islands. The courts of Cayman Islands shall have exclusive jurisdiction over all claims and disputes arising in relation to, out of, or in connection with these Terms and Conditions.
Privacy, Security and Communications to Us
See our Privacy Policy (https://kinetikaresearch.com/privacy) for details on how we comply with our obligations under the Cayman Islands Data Protection Act (As Revised).
Indemnity
You agree to defend, indemnify and hold Kinetika Research and (as applicable) its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms and Conditions or any claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Website, including but not limited to posting Content on the Website, entering into transactions with other website users, contacting others as a result of their postings on the Website, infringing any third party's intellectual property or other rights, or otherwise arising out of your breach of these Terms and Conditions.
Assignment
You may not assign your rights or obligations under these Terms and Conditions to any third party; however, Kinetika Research shall be entitled to assign all of its rights and obligations hereunder.
Severability
If any of the provisions of these Terms and Conditions is found by a court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from the Terms and Conditions, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
General
No waiver of any term or condition contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and no failure to enforce any right shall operate as a waiver of that right.
Nothing in these Terms and Conditions shall be construed as creating any partnership, joint venture or agency relationship between you and Kinetika.
Kinetika Research. may at any time and without liability modify, suspend or discontinue this Website or any Content or materials (or any part thereof), with or without notice, for any valid technical, operational or commercial reasons.
Kinetika Research. shall not be liable, and shall not otherwise be deemed to be in breach of these Terms and Conditions, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
Acceptance of Terms
By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their current form. If you do not agree to these Terms and Conditions, you must not access or use this Website. We may amend and update these Terms and Conditions from time to time. Your continued use of the Website shall be deemed to constitute your tacit acceptance to any updated Terms and Conditions. We reserve the right to suspend, withdraw or discontinue access to this Website for any reason whatsoever. If you have any questions or queries related to these Terms and Conditions, then please contact us at @kinetikaresearch.com