Conditions of Use
1. General
1.1. Welcome to Banyan Fundholt (the "Website").
Contact us at info@banyanfundholt.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. (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 applicable in your country of residence or use do not prohibit you from accessing the Website or its services.
2.2. We make no guarantees, representations, or warranties regarding the legality of the Website or services for any particular user. We are not liable 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, share, publish, transmit, or send via our Website: (a) content that infringes intellectual property, privacy, or other proprietary rights; (b) content that is unlawful to publish or distribute due to defamation, slander, or racial vilification; (c) content 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) content that violates any applicable law; or (e) 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 — content that incorporates data collection or transmission mechanisms, including web bugs, cookies, or spyware, without our express written permission.
4.1.7. Use framing, mirroring, or any other technique 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 breaches, identity theft, 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 deliver the Services.
4.2. These terms are in addition to any other rights we may have. If we reasonably believe your use of the Website does not comply with these Terms or any applicable law, we may monitor your activity, restrict or block your access, disclose your usage patterns to relevant third parties, or take any other action we consider appropriate to protect the rights and property of third parties.
5. Intellectual Property Rights All content on this website — including but not limited to text, graphics, logos, images, audio clips, and software — is the property of the Company or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes without the Company's express written permission. Unauthorised use of any materials on this website may violate copyright, trademark, and other applicable laws. The Company's name, logo, and all related product and service names, design marks, and slogans are trademarks of the Company. Nothing on this website grants any licence or right to use any trademark without the Company's prior written consent. If you believe any content on this website infringes your intellectual property rights, contact us with the details and we will investigate promptly.
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 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 those expressly provided.
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 law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, our platform, services, or any content provided through them — including but not limited to loss of profits, loss of data, or loss of opportunity. Our total aggregate liability to you for any claim arising under or in connection with these terms shall not exceed the amount you paid to us in the twelve months preceding the event giving rise to the claim. These limitations apply regardless of the legal basis for the claim — whether in contract, tort, negligence, 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 liabilities. Where such laws apply, our liability is limited to the maximum extent permitted. Nothing in this section excludes liability that cannot be lawfully excluded, including liability for fraud or wilful misconduct.
6.1. The Website and Services are provided at your own risk. We make no warranties, express or implied, regarding the Website or Services, or your use of them. This includes implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, or prompt delivery. All content and functionality accessible via 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 content published on the Website, nor for any disruption or interruption 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 your 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. To the extent permitted by applicable law, 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 use of the Website or Services.
6.5. We accept no responsibility for failures or interruptions caused by internet or telephone line faults, computer hardware or software issues, system server failures, or any other technical infrastructure beyond our control. We are not liable for any consequences arising from your use of the internet.
7. Third-Party Content and Services Our platform may include content, products, or services provided by third parties, such as links to third-party websites or features embedded in our Services. We are not responsible for the quality, accuracy, or reliability of any third-party content, and our inclusion of such content does not constitute an endorsement. If you access third-party websites or services through our platform, those third parties operate under their own terms and privacy policies. We encourage you to review those policies before engaging with any third-party service, as we have no control over, and accept no responsibility for, their content or practices. Your use of third-party content or services is at your own risk.
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 third-party content, which may not always be current or accurate.
7.3. Verify the accuracy of any information before making a decision. You are solely responsible for any decisions and actions taken based on that information.
8. Links
8.1. This site contains both advertisements and third-party content accessed via external links. Before downloading, relying on, or transacting through any third-party website, software, or materials, exercise caution. These links are provided for convenience only. We are not responsible for any loss or damage arising from the use of or reliance on information, products, or services 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 relation to those websites, their software, or their administrators.
8.3. We have not reviewed all linked websites or applications and cannot be held responsible for their content or software. We caution you to exercise due care before using, relying on, or purchasing anything through them. We accept no liability for any loss or damage resulting from reliance on products, information, or content accessible via third-party websites.
8.4. It is your responsibility to review the terms and policies of any third-party website before engaging with it. 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 modified at any time. We will notify you by publishing the updated 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, declaration, or agreement — whether oral or written — not included 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. A partial exercise of any 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 as though the invalid provision had been excluded, interpreted in accordance with 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 and management of the website and its services. You may not assign or transfer your rights or obligations under these Terms.