Website Terms of Use

Who we are

Welcome to our website (“Site”). By browsing and using this Site you are agreeing to comply with, and be bound by, the following terms and conditions of use (“T&Cs”), which together with our privacy policy and cookies policy govern your use of this Site. The owner of this Site is Kin Group Limited (“Kin” or “us”). Kin is a company registered in England and Wales under company number 11459040 with a registered office at Hyde Park House, 5 Manfred Road, London, SW15 2RS.

Contact us

To contact us, please email [email protected] or call 020 3743 3100.

Limitations on Use

The content on this Site is for personal or internal business use only and is not for commercial exploitation. You may not use any automatic or manual device or process to monitor or copy this Site or any of its content without our prior written consent. You are not permitted to upload our content into third party applications including artificial intelligence technologies such as large language models and generative AI (e.g. ChatGPT, Bing, Google Bard, and Harvey).

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you breach these T&Cs, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these T&Cs and other applicable terms and conditions, and that they comply with them.

Our Intellectual Property

All intellectual property rights in any trademarks, materials and content contained on this Site are owned by Kin or are owned by third parties and we have the right to use them for specified purposes. Those works are protected by laws and treaties around the world. All such rights are reserved. Kin grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable licence to use our Site and to view its content in accordance with these T&Cs solely for your personal or internal business uses.

Except for the limited licence we provide you, nothing in these T&Cs grants you any rights to, or in, the intellectual property rights (whether registered or unregistered), or any other rights or licences in respect of our Site, its content and related documents, which are expressly reserved by Kin.

Suggestions

If you provide feedback, suggestions, improvements, or requests for additional functionality related to this Site (collectively, “Suggestions”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works of such Suggestions in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these terms and conditions or of your account on this Site.

We may make changes

We reserve the right to alter the Site and these T&Cs at any time without prior notice.

We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site. We will try to give you reasonable notice of any suspension or withdrawal however we are not under an obligation to do so, and the Site will be subject to both scheduled and unscheduled maintenance without notice

We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.

We may terminate or suspend your User Account at any time, without liability to you. Your right to use this Site will automatically terminate if you breach these terms of use. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these terms of use which are by their nature intended to survive termination will so survive.

Unauthorised Use

We reserve the right to investigate complaints or reports of unauthorised use of this Site or breaches of the T&Cs and to take any action we deem appropriate including, but not limited to, disclosure to law enforcement authorities.

International Users

This Site is controlled, operated, and administered by Kin from its offices within the United Kingdom. If you access this Site from locations outside of the United Kingdom, we make no representation that this Site, or your use thereof, will comply with any laws or regulations applicable to you in your jurisdiction(s). You are responsible for compliance with all local laws.

IMPORTANT – PLEASE NOTE

These other terms may apply to you:

• Our Privacy Policy
• Our Cookies Policy
• Our Complaints Procedure
• If you use any of our services, our relevant services agreement(s) will govern your use of those services.

Information available on our Site

The content on our Site is provided for general information only. It is not advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.

Whenever we refer to any particular legislation or regulations in these T&Cs or on our Site, we also mean any amendment to it or replacement of it and any other legislation made under it. Terms expressed in the singular include the plural and vice versa.

Links from our Site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

User-generated content

Our Site may include information and materials uploaded by other users of the Site. Unless expressly stated by us, this information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

Uploading content to our Sites

Whenever you make use of a feature that allows you to upload content to our Site, or to contact other users of our Site, you must comply with the terms set out in the “Prohibited uses” below.

You warrant that any such contribution does meet those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

When you upload or post content to our Site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or the service forever;
• a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Site forever.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Linking to our Site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• In any way that provides false or misleading information or information you do not have both a right and a legitimate interest to provide.
• In any way that is unprofessional, disrespectful or unethical.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material unless expressly permitted (e.g. by signing our services agreement).
• To upload or otherwise share any information which is confidential or proprietary and for which you do not hold a licence in respect of all uses of that information by you and others, including us, as described herein.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To impersonate any person or misrepresent your identity or affiliation.
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these T&Cs.
• Not to use the Site in a way that may adversely affect us or reflect negatively on us, any of our goodwill, name or reputation.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our Site;
• any equipment or network on which our Site is stored;
• any software used in the provision of our Site; or
• any equipment or network or software owned or used by any third party.

Definitions

Platform – the Kin Fund and Syndicate Platform, which constitutes part of the Site.

Password – your personal password for access to the Platform.

User Account – he account we create for you to use the Kin Fund and Syndicate Service, identified by your User Account ID.

User Account Application – the application that you complete and sign on the Kin Fund and Syndicate Platform to open a User Account

User Account Application Summary – A statement of the information submitted to Kin, which includes personal data about you and relates to the opening of a new User Account via the Kin Fund and Syndicate Platform.

Setting up and maintaining your User Account

1. To open your User Account we require you to complete and sign a User Account Application. You must check the User Account Application Summary to ensure that your details are correct prior to signing the User Account Application.
2. Unless otherwise agreed with us, in writing, at all times you have a User Account, you must:
   • be at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater)
   • Not be resident in a country that is listed on the:
     • FATF High-Risk Jurisdictions subject to a Call for Action; or
     • FATF Jurisdictions under Increased Monitoring; or
     • European Commission list of high risk third countries;
     or any other list of countries at high risk of financial crime compiled by a government or regulatory organisation or body in the UK, EU or US.
3. Once we open your User Account, we will confirm your User Account ID, which you must use in all correspondence with us. We will send you your confidential Password separately and explain how you can use it
4. You must take all reasonable precautions to prevent unauthorised use of your Password. Until you tell us otherwise, we will be entitled to assume that any Instruction given to us using your Password is an Instruction given by you. In any case, if we have reasonable grounds to believe that the security of your Password has been compromised, we reserve the right to cancel your Password and send you a new one. You will be responsible for any actions taken using your credentials.
5. We will restrict your use of your User Account until we have verified your identity to our satisfaction and, where necessary, completed our anti-money laundering processes.
6. We will not be liable for any loss or damage arising from your failure (whether intentional or unintentional) to comply with these obligations.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• You acknowledge and accept that the Platform operates as a facility to create and administer arrangements relating to investments in respect of which information is provided on the Platform. This Site, including the Platform, does not make any recommendations. We do not assume any liability in respect of the performance of any investments available through this Site.
• The content on our Site is provided for general information only. Neither we, nor this Site or content, provide tax, financial, investment, or other professional advice. You should consult professional advisors about the tax, financial, or investment consequences of your activities. We do not represent and cannot guarantee any specific results from use of this Site.
• Your use of this Site and content is at your sole risk and our Site is provided on an “as is” and “as available” basis. We are not responsible for any problems or technical malfunction of any electronic network or lines, servers, software, or failure of transmission as a result of technical problems or traffic congestion on the internet or on our Site, including any injury or damage to any person's computer resulting from accessing this Site.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• To the fullest extent allowed by applicable law, neither we nor our licensors will be liable for any direct, indirect, incidental, special, consequential or exemplary damages or losses resulting from or in connection with the use of or the inability to use our Site, under any legal theory whatsoever (including, without limitation, tort, contract, strict liability, or otherwise) and even if we have been advised of the possibility of such damages or losses.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our services agreement.
• We expressly disclaim all representations and warranties (whether express or implied), in connection with this Site, including but not limited to warranties of merchantability, completeness, fitness for a particular purpose, title, and non-infringement, or that use of our Site will be uninterrupted or error-free or the content will be complete or accurate.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Site; or
• use of or reliance on any content displayed on our Site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

Personal information and data protection

We will only use your personal information as set out in our Privacy Policy.

Compliance

You may find our Modern Slavery Policy and other important policies and disclosures here. Kin Capital Partners LLP is authorised and regulated by the Financial Conduct Authority, with firm reference number 656789. Information related to the regulated activities involved in creating and administering arrangements relating to investments through the Platform is provided on the Platform.

Complaints

If you wish to complain about any aspect of our Site or services, please contact us at [email protected] or call 020 3743 3100.

Transfer

We may transfer our rights and obligations under these T&Cs to another organisation and will notify you by updating these T&Cs accordingly.

Which country's laws apply to any disputes?

If you are a consumer, please note that these T&Cs, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these T&Cs, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.