1. These terms
These Terms of Use govern your access to and use of www.crestrado.com (the “Site”), published by Crestrado (“Crestrado”, “we”, “us”, “our”). Our legal identity and registered address are on the Legal information page.
By using the Site you accept these terms. If you do not accept them, please stop using the Site.
Crestrado is established in Malta, and these terms are written to be read under Maltese and EU law. They are written in plain language on purpose: if any part is unclear, ask us before relying on it.
The Site is an information service, nothing more. It does not offer investment products or services to the public, it is not an offer or a solicitation, and using it creates no client, advisory, fiduciary or other relationship with Crestrado. Read the Disclosures before acting on anything you find here.
2. Changes to these terms
We may change these terms as the Site or the law changes, and the revised version applies to your use of the Site from the date we post it. The effective and last-updated dates are shown at the top of this page, and you can see what changed by asking us. Where a change would materially reduce your rights, we will not apply it retroactively to anything that happened before it was posted.
3. Intellectual property
The Site and its contents — text, research notes, charts, data presentations, code, design, images, and the Crestrado name and logo (together, the “Content”) — are owned by or licensed to us and are protected by copyright, trade mark and related rights.
You may read the Site, and print or save individual pages, for your own information. You may quote short extracts with attribution and a link. You may not otherwise copy, republish, redistribute, sell, licence, adapt, scrape or systematically extract the Content, or use it to train a machine learning model, without our written permission.
Nothing in these terms limits the rights you have under Maltese or EU copyright law, including the permitted uses in the Copyright Act (Cap. 415 of the Laws of Malta).
4. Who may use the Site
By using the Site you confirm that you are at least 18 years old and have the legal capacity to agree to these terms, that you will use the Site lawfully, and that doing so does not breach any rule that applies to you where you are.
The Site is an information service about Crestrado’s own proprietary trading. It offers nothing for sale or subscription, and no part of it is an offer capable of acceptance. The track record records the firm’s own trading account; it is published so the process described on the Site can be judged, not as an invitation to do anything.
The Content is not directed at any person in a jurisdiction where publishing or making it available would be contrary to law, or would require Crestrado to be registered or authorised there.
5. Things you must not do
You agree not to:
- use the Site other than for its intended purpose, or in breach of any applicable law;
- harvest email addresses or other data from the Site, or systematically extract Content to build a database, index or training corpus;
- interfere with or circumvent the Site’s security features;
- attempt to gain unauthorised access to any part of the Site or its hosting infrastructure;
- place an undue load on the Site, or disrupt it for other users;
- frame or mirror the Site, or present our Content as your own; or
- misrepresent your identity.
6. Availability and changes to the Site
We may change, suspend or withdraw the Site or any part of it at any time, and we may restrict access where we reasonably need to. We aim to keep the Site available but we do not promise uninterrupted availability: maintenance, faults and events outside our control will interrupt it from time to time.
7. Third-party links
The Site may link to other websites. We do not control them, we do not endorse them, and we are not responsible for their content, their accuracy or how they handle your data. Follow them at your own discretion and read their own terms and privacy notices.
8. Disclaimers
The Site and its Content are provided “as is” and “as available”, for general information only.
To the fullest extent the law allows, we give no warranties, express or implied, about the Site or the Content, and we do not warrant that the Content is accurate, complete, current or fit for any particular purpose, or that the Site will be free of errors, interruptions or harmful components.
Research and market commentary reflect our analysis at the date of publication and are not updated afterwards. Nothing on the Site is investment, legal, tax or accounting advice. See the Disclosures for the full position on performance information and investment risk.
9. Our liability
Nothing in these terms limits or excludes our liability where the law does not permit it. In particular, we do not exclude liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for anything else that cannot lawfully be limited.
Subject to that, and to the fullest extent the law allows:
- we are not liable for any loss arising from your use of, or reliance on, the Site or the Content, including investment losses, lost profits, lost revenue, lost opportunity, loss of data or loss of goodwill;
- we are not liable for indirect or consequential loss; and
- where we are liable to you in connection with the Site, our total liability is limited to €1,000.
If you are a consumer, this clause applies only to the extent Maltese and EU consumer law permits, and it does not affect your statutory rights under the Consumer Affairs Act (Cap. 378 of the Laws of Malta) or the EU consumer protection rules that apply to you.
10. Indemnity
If you are using the Site in the course of a business or profession, you agree to indemnify us against any loss, damage, liability, claim, cost or reasonable legal expense arising from your breach of these terms, your misuse of the Site or the Content, or your infringement of a third party’s rights. This clause does not apply to consumers.
11. Governing law
These terms, and any dispute arising out of or in connection with them or with your use of the Site, are governed by the laws of Malta, excluding its conflict of law rules.
If you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer protection rules of the country where you habitually reside, as article 6 of Regulation (EC) No 593/2008 (Rome I) provides.
12. Resolving a dispute
Talk to us first. Email [email protected] with what has gone wrong and what you would like us to do. We will acknowledge within five business days and try to resolve it with you within 30 days. Most issues end here.
If you are a consumer. You can bring proceedings in the courts of Malta or in the courts of the EU Member State where you are domiciled, and we will only bring proceedings against you in the courts of your domicile, as Regulation (EU) No 1215/2012 (Brussels I bis) provides. You may also use any out-of-court dispute resolution body available to you; in Malta, the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority and the Consumer Claims Tribunal handle consumer complaints, and the European Consumer Centre Malta can assist with cross-border ones. Nothing in this section requires you to arbitrate.
If you are not a consumer. Where informal resolution fails, any dispute will be referred to and finally resolved by arbitration seated in Malta, administered by the Malta Arbitration Centre under the Arbitration Act (Cap. 387 of the Laws of Malta) and its rules, before a single arbitrator, in English. The award is final and binding, and may be enforced in any court of competent jurisdiction. The courts of Malta have exclusive jurisdiction over any matter not subject to arbitration, and either party may seek interim or injunctive relief, or relief to protect intellectual property rights, from a court at any time.
13. General
If any provision of these terms is found invalid or unenforceable, it is severed and the rest continues to apply. Our not enforcing a provision is not a waiver of it.
These terms, together with the Privacy Policy and the Disclosures, are the whole of what governs your use of the Site. You may not transfer your rights under them; we may transfer ours as part of a transfer of our business, which will not reduce your rights.
You agree that we may give you notices electronically, by email or by posting them on the Site, and that this satisfies any requirement for writing. This does not affect any right you have to receive information on a durable medium.
14. Contact
Crestrado
[email protected]
Registered address: see Legal information