1. Acceptance of these Terms
By accessing, browsing, or using this website, you agree to be bound by these Terms of Service and any policies referenced in them. If you do not agree, you must not use the website.
You must be at least 16 years old to use the website. If you are under the age of majority in your jurisdiction and at least 16, you may use the website only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
2. Service description and scope
Lost Kiwi provides an informational platform focused on investment considerations in handmade designer items and handcrafted artisanal goods. Content may include category explainers, research summaries, due diligence checklists, market context, and educational materials about value drivers such as provenance, scarcity, materials, condition, and collector demand.
The website is not a broker, dealer, investment adviser, financial planner, or fiduciary. We do not provide personalized investment advice, do not recommend that any user buy, sell, or hold any asset, and do not guarantee results. Any decisions you make are your responsibility.
Certain features may require an account, including access to registered-user areas. We may update, add, suspend, or discontinue features at any time to maintain quality, security, or compliance.
3. Accounts and user obligations
If you create an account, you agree to provide accurate information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- Use the website only for lawful purposes and in accordance with these Terms.
- Do not impersonate any person or entity or misrepresent your affiliation.
- Do not attempt to access areas or data you are not authorized to access.
- Do not interfere with site security, performance, or normal operation.
- Unless explicitly permitted, maintain one account per person.
You agree not to scrape, crawl, or harvest content or data from the website using automated means, except as permitted by applicable law and consistent with reasonable use.
4. Intellectual property
The website, including its text, structure, design, layout, graphics, icons, compilation of content, and underlying code, is owned by or licensed to Lost Kiwi. All rights are reserved.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal, non-commercial use. This license does not permit you to reproduce, distribute, publicly display, modify, create derivative works of, reverse engineer, or exploit any part of the website except as allowed by mandatory law.
Any trademarks, trade dress, and brand identifiers used on the website belong to their respective owners. Nothing in these Terms grants you rights to use them without prior written permission.
5. Prohibited activities
To protect users and the integrity of our services, you must not engage in any of the following activities:
- Spamming, sending unsolicited communications, or using the site to facilitate bulk messaging.
- Hacking, probing, scanning, or testing vulnerabilities of any system or network connected to the website.
- Introducing malware, viruses, ransomware, or any code intended to disrupt or damage systems.
- Fraud, misrepresentation, or attempting to manipulate metrics or access controls.
- Uploading or distributing illegal content or content that violates third-party rights (including copyright).
- Reverse engineering the website, attempting to extract source code, or bypassing access restrictions.
- Using automated tools to copy, scrape, or harvest data, including user data, content, or layouts.
- Using the website in any way that violates applicable laws or regulations.
We may suspend or terminate access for conduct that we believe, in good faith, violates these Terms or risks harm to users, the website, or third parties.
6. Disclaimer of warranties
The website and all content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Lost Kiwi disclaims all warranties including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
We do not warrant that the website will be uninterrupted, error-free, secure, or free from harmful components. We also do not warrant that content will be complete, current, or suitable for your specific circumstances.
Investment risk disclaimer
Investing involves significant risk of capital loss. Past performance does not guarantee future results. This is not financial advice.
7. Limitation of liability
To the maximum extent permitted by law, Lost Kiwi will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or reputational harm, arising out of or related to your use of the website.
To the maximum extent permitted by law, Lost Kiwi’s total liability for direct damages arising out of or related to these Terms or the website is limited to the lesser of (a) the amount you paid to Lost Kiwi in the 12 months immediately preceding the event giving rise to the claim, or (b) 100 EUR.
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Lost Kiwi and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the website, (b) your violation of these Terms, or (c) your violation of any rights of another person or entity.
9. Third-party links and services
The website may reference or link to third-party resources for convenience or context. Lost Kiwi does not control those third-party websites and is not responsible for their content, availability, security, or practices. Your interactions with third parties are governed by their own terms and policies.
10. Privacy
Our handling of personal data is described in our Privacy page. By using the website, you acknowledge that you have reviewed it and understand how we collect, use, and protect information.
11. Governing law and jurisdiction
These Terms and any dispute arising out of or related to them are governed by the laws of England and Wales, without regard to conflict-of-law principles. The courts of London, England have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or related to these Terms or the website.
12. Dispute resolution (informal first)
Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days. This period begins when you send a written notice describing the issue and the relief requested.
If the dispute is not resolved within the informal period, either party may proceed in the courts specified in the Governing law and jurisdiction section above.
13. Termination
We may suspend or terminate your access to the website or your account at any time if we believe you have violated these Terms, pose a security risk, or misuse the service. We may do so with or without notice, depending on the circumstances.
Upon termination, your right to use the website stops immediately. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive will remain in effect.
14. Modifications to these Terms
We may update these Terms from time to time to reflect changes to our services, legal requirements, or operational practices. Changes become effective 14 days after the updated Terms are posted on this page, unless a shorter period is required for security or legal compliance.
Your continued use of the website after the effective date of the updated Terms constitutes your acceptance of the changes.
15. Contact and legal notices
For questions about these Terms or to send legal notices, contact:
LOST KIWI LIMITED
37 Grant Avenue, Walton-On-Thames, England, KT12 2FL
Company number 11116327
VAT GB323853406
Email: [email protected]
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