Conditions of Use
1. General
1.1. Welcome to Lyric Kapithaven (the "Website").
Contact us at info@lyrickapithaven.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 the country where you reside or access the Services do not prohibit you from using the Website or any of its services.
2.2. We make no guarantees, representations, or warranties regarding the legality of the Website or Services for any particular person. We are not responsible for any unlawful use of the Website or Services by any user.
Restricted Territories
3.1. We reserve the right to restrict access to the Services and/or Website (or any part thereof) for: (i) users residing in Restricted Territories; and (ii) users we reasonably consider to present a regulatory, legal, or reputational risk.
3.2. Additional terms may apply to users who are citizens of, or resident in, certain countries before their access is approved. 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) content that infringes intellectual property, privacy, or other proprietary rights; (b) content prohibited from publication or distribution due to defamation, slander, or racism; (c) content containing viruses or other malicious software that may damage our systems or those of third parties, or that blocks or restricts other users from accessing the Website; (d) content that violates any applicable law; or (e) content containing advertisements or promotional material 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 incorporates data collection or transmission mechanisms, including web bugs, cookies, or spyware, without our express written permission. 4.1.7. Engage in framing, mirroring, or any other technique that imitates the appearance or functionality of the Services. 4.1.8. Violate any applicable laws or regulations, or facilitate or encourage illegal activity, including intellectual property infringement, defamation, privacy breaches, unauthorised access to systems, or distribution of counterfeit software. 4.1.9. Modify or alter the Website's source code, or upload applications or software that may cause damage to the Website or 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 appropriate action to protect the rights and property of third parties.
5. Intellectual Property Rights All content on this website — including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software — 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 may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this website, use of this website, or access to this website without the express written consent of the Company.
5.1. All content on this Website — including video, 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 interests in and to the Services and Website remain ours. Access to the Services and Website under these Conditions does not grant the User any intellectual property rights.
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, sub-license, rent, or create derivative works from the Services or Website.
6. Limitation of Liability To the fullest extent permitted by applicable law, we and our affiliates, directors, officers, employees, agents, and licensors will not be 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 will not exceed the greater of the amount you paid us in the twelve months preceding the claim or one hundred Australian dollars (AUD $100). These limitations apply regardless of the legal theory on which a claim is based — whether contract, tort, negligence, strict liability, 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 restrictions apply, our liability will be limited to the maximum extent permitted by law.
6.1. The Website and Services are provided at your sole risk. We make no warranties, express or implied, regarding the Website, the Services, or your use of them — including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, or prompt delivery. All content and functionality available on or through the Website is provided "as is," "as available," and without any guarantee of outcome.
6.2. We are not responsible for any errors, omissions, or inaccuracies in the information published on the Website, nor for any disruption or interruption to transmissions to or through the Services.
6.3. We accept no liability for any loss — direct or indirect — incurred by you or any third party in connection with the Website or Services. You are solely responsible for any decisions made in reliance on information provided on the Website or through the Services.
6.4. We are not liable for any loss or damage — direct, indirect, or consequential — suffered by you or any third party, including any 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 failures or faults arising from internet or telephone lines, computer systems, service providers, servers, or hardware, nor for any issues attributable to internet usage.
7. Third-Party Content and Services Our platform may include content, products, or services provided by third parties. These may appear as links, integrated tools, or embedded features within our website or app. We do not control third-party content or services and are not responsible for their accuracy, availability, or practices. Accessing third-party services is at your own risk. We encourage you to review the terms and privacy policies of any third party before engaging with their content or services. We make no warranties regarding third-party content and accept no liability for any loss or damage arising from your use of, or reliance on, third-party services accessible through our platform.
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 third-party information or products referenced through the Services, which may not always be current or accurate.
7.3. You should verify the accuracy of any information before making a decision. You are responsible for all decisions and actions taken based on that information.
8. Links
8.1. This site contains both advertisements and content, including materials made available through third-party websites ("Links"). Before downloading, relying on, or accessing any information, software, or other materials from these websites, or completing any purchase or transaction, you should be aware of this. These links are provided for convenience only. We are not liable for any damage or loss arising from the use of or reliance on any information, products, or services made available through third-party websites or applications.
8.2. The inclusion of hyperlinks on this site does not imply endorsement, authorisation, affiliation, or any other form of approval by us in connection with those websites, their software, or their administrators.
8.3. We have not reviewed all linked websites and cannot be held responsible for the content, software, or services they provide. We caution you to exercise due care before using, relying on, or purchasing anything from these websites or applications. We accept no liability for any damage or loss arising from the use of or reliance on any products, information, or content accessible through third-party websites.
8.4. It is your responsibility to review the terms and policies of any third-party websites. We strongly recommend doing so before engaging with those websites.
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. We may update these Terms at any time. The current version will be published on our website 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 that no information transmitted via the website creates 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, declaration, or agreement — whether oral or written — not included in these documents is not legally binding on either party.
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 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 continue in full force and are interpreted as though the invalid provision were excluded, while reflecting the original intent of the parties.
9.7. We may transfer or assign all rights and obligations under these Terms to third-party partners, including the operation of the website and its services. You may not assign or transfer your rights or obligations under these Terms.