TABLE OF CONTENTS
- 1. General
- 2. Eligibility
- 3. Nature of the Website
- 4. No Financial Advice
- 5. Account Registration
- 6. Prohibited Activities
- 7. Intellectual Property
- 8. Third-Party Services and Links
- 9. Privacy and Data Protection
- 10. Limitation of Liability
- 11. Indemnification
- 12. Governing Law and Dispute Resolution
- 13. Miscellaneous
Terms of Use
1. General
1.1 These Terms form a legally binding agreement between you ("User", "you") and Marula Capstead ("Operator", "we", "us"), the owner and operator of the Website at https://marula-capstead.com.
1.2 The Website serves as an information and marketing platform that links Users to third-party trading service providers ("Advertisers"). The Operator does not directly offer any financial, investment, or trading services.
1.3 The Operator may update these Terms at any time. If you continue using the Website after any changes have been made, you will be regarded as having accepted the updated Terms. We recommend that you check this page from time to time.
1.4 If you have any questions about these Terms, please contact us at: support@marula-capstead.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 territories, including where this is required under 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 submit enquiries and indicate their interest in services offered by third-party Advertisers.
3.2 The Operator acts only as an intermediary and provides the infrastructure needed to connect 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 understood as a request or offer to buy or sell any financial instrument.
4. No Financial Advice
4.1 All content published on the Website is provided for information and promotional purposes only. It should not be regarded as financial, investment, legal, or tax advice of any nature.
4.2 The Operator does not make any representations or give any warranties about the accuracy, completeness, currency, or reliability of any information published on the Website.
4.3 Any performance results, testimonials or examples displayed on the Website reflect individual experiences only and do not guarantee the same outcomes for every user. Past performance should not be taken as an indication of future results.
4.4 Before making any financial decisions, you should consult a suitably qualified and licensed financial adviser who understands your personal circumstances.
5. Account Registration
5.1 Some features on the Website may require you to create an account by providing personal information, 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 keep your account details current at all times.
5.3 You may hold only one active account. Opening 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 details confidential. The Operator will not be liable for any loss or damage resulting from unauthorised access to your account if you fail to protect your credentials.
5.5 You must inform the Operator immediately if you become aware of any unauthorised use of your account.
6. Prohibited Activities
6.1 When using this Website, you must not:
- Accessing, or attempting to access, any restricted areas of the Website without authorisation
- Use automated tools, bots, scrapers or scripts to collect data from the Website
- Copy, reproduce, distribute, or create derivative works from any content on this Website without prior written permission
- Provide false, misleading or fraudulent information when registering or in any dealings with the Website
- Upload or transmit any malicious code, viruses, or harmful material
- Take part in any activity that disrupts the Website’s performance or affects its availability
- Use the Website for any illegal purpose or in breach of any applicable laws or regulations
- Do not impersonate any person or organisation, or falsely claim to be affiliated with any person or organisation.
6.2 Any breach of these prohibitions may lead to the immediate suspension or closure of your account and could expose you to civil or criminal liability.
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 solely for personal, non-commercial purposes.
7.3 You may not copy, alter, distribute, sell, or otherwise use any content or materials from the Website for commercial purposes without the Operator's prior written permission.
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 purely for your convenience and do not imply any endorsement or recommendation by the Operator.
8.2 The Operator has no control over, and accepts no liability 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 strictly between you and the relevant Advertiser. The Operator is not a party to any such arrangement.
8.4 The Website may make use of third-party software, analytics and tracking tools. Any occasional service interruptions or delays caused by 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 review our Privacy Policy at Privacy Policy.
9.2 When you submit your personal information through the Website, you agree to it being used as set out in our Privacy Policy, including being shared with Advertisers so they can respond to your enquiry.
9.3 The Operator processes personal information in line with applicable 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 inform the Operator without delay at support@marula-capstead.com and cooperate fully with any investigation that follows.
10. Limitation of Liability
10.1 The Website and all its content are provided on an "as is" and "as available" basis, without any express or implied warranties of any kind.
10.2 To the maximum extent permitted by applicable law, the Operator will not be liable for:
- Any direct, indirect, incidental, special or consequential damages arising from your use of, or inability to use, the Website
- Any loss of data, income, profit, or business opportunity arising from or in connection with the Website
- Any errors, inaccuracies or omissions in any content published on the Website
- Any disruptions, delays, or failures caused by third-party service providers
- The quality, accuracy, legality or suitability of any products or services offered by Advertisers
10.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.
11. Indemnification
11.1 You agree to indemnify, defend and hold harmless the Operator, its officers, directors, employees and agents against any claims, damages, losses, liabilities and expenses (including legal fees) arising from:
- Your use of the Website in violation of these Terms
- Your violation of any applicable law or regulation
- Any content you submit through the Website
- Any dispute between you and a third-party Advertiser
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 taking its conflict of laws rules into account.
12.2 Any dispute arising from or related to these Terms will fall under the exclusive jurisdiction of the competent courts in the country where the Operator is registered.
12.3 Where required by applicable local law, disputes may instead be settled 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 remain 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 full agreement between you and the Operator in relation to your use of the Website.
13.2 If the Operator does not enforce any provision of these Terms, this will not be regarded as 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 may not transfer any of your rights under these Terms without the Operator’s prior written consent.
13.4 Any electronic communication sent to the Operator will be regarded as valid and legally binding correspondence.
13.5 These Terms are provided in en and may also be translated for convenience. If there is any inconsistency between the English version and any translated version, the English version will apply.