Terms And Conditions Of Use
This Website ("Website") is not an offer to, or a solicitation of, any prospective or existing clients of Polar Star Management SEZC ("Polar Star"). This Website instead provides generally available information about Polar Star. Nothing on this Website is, or should be construed to be, an offer to sell or the solicitation of an offer to buy any security or other financial instrument or service. These Disclosures & Terms of Use govern your use of this Website.
This website is only for use by Professional / Qualified / Institutional Investors as defined in the relevant jurisdiction. Retail investors should not access the Polar Star website.
The content on this website ("Content") is owned by Polar Star and its use is subject to these terms and conditions ("Terms and Conditions").
This Website is not intended for use by US Persons (as defined under US securities laws) and the Fund managed by Polar Star may not be offered, sold or otherwise transferred directly or indirectly to any United States citizen or resident or to any corporation, partnership, trust or other entity chartered or organised under the laws of any jurisdiction in the United States of America, its territories or possessions, or any other United States Person. This Website is not intended for use by any person in any jurisdiction where the publication or availability of the information is prohibited or restricted by law. Persons in respect of which such prohibitions apply must not access this Website or the information contained herein. Persons into whose possession this Website may come are required to inform themselves about and to comply with any relevant restrictions.
For persons domiciled or with a registered office in the European Economic Area, Polar Star is the Alternative Investment Fund Manager ("AIFM"). The AIFM is not an authorised AIFM for the purposes of the AIFM Directive. The Website is only intended for "Professional Investors" within the meaning of article 4(1)(ag) of the AIFM Directive (a "Professional Investor") and only to the extent that (i) such marketing is permitted in the relevant member state and (ii) any required filings have been made with the relevant local regulatory authorities. This Website is not directed at any person which is domiciled or with a registered office in a relevant member state or to any other person in any relevant member state who is not a Professional Investor. Any user of the Website which is domiciled or with a registered office in a relevant member state will be deemed to have represented, acknowledged and agreed that it is a Professional Investor. The Funds managed by Polar Star are not currently authorised for distribution in any relevant member state, other than the United Kingdom.
In the United Kingdom, Polar Star has notified the Financial Conduct Authority ("the FCA") of its intention to market via the FCA National Private Placement Regime under the following Product Reference Numbers (PRNs):
In Switzerland, the Fund is considered a foreign investment scheme pursuant to Art. 119 of the Swiss Federal Collective Investment Schemes Act (CISA). No application has been submitted to the Federal Financial Market Supervisory Authority (FINMA) to obtain approval within the meaning of Art. 120 CISA to offer or distribute the investment in or from Switzerland to "Non-Qualified Investors", and no other steps have been taken in this direction. Consequently, investors do not benefit from the specific investor protection and/or FINMA supervision pursuant to the CISA and its implementing ordinances.
Any offer or sale must therefore be in strict compliance with Swiss law, and in particular with the provisions of the Collective Investment Schemes Act and its implementing ordinances, and FINMA circular 2013/9 on distribution of collective investment schemes. No person or entity is authorised to offer or sell the Shares or distribute any Fund Documentation, including the Prospectus, the Articles of Incorporation and annual reports issued by the Fund from time to time or promotional material pertaining to the Fund in or from Switzerland other than to "Qualified Investors", as defined in Article 10 of the CISA and Articles 6 and 6a of the CISO and any circulars issued by FINMA.
The Funds have appointed as Swiss Representative: FundRock Switzerland SA (formerly known as ARM Swiss Representatives SA), Route de Cité-Ouest 2, 1196 Gland – Switzerland.
The Fund's paying agent is Neue Helvetische Bank AG. Any Fund Documentation, including the offering memorandum, the articles of incorporation and annual reports issued by the Fund may be obtained free of charge from the Swiss Representative in Switzerland. In respect of the Shares offered in or from Switzerland, the place of performance is at the registered office of the Swiss Representative and the place of jurisdiction is at the registered office of the Swiss Representative or at the registered office or place of residence of the investor.
The Content is controlled and operated by Polar Star from its offices in the Cayman Islands. Neither Polar Star nor any of its affiliates make any representation that the Content is appropriate or available for use in any locations or that access to the Content is not illegal and prohibited in such locations. Those who choose to access the Content do so of their own unsolicited initiative, are deemed to have requested such Content from Polar Star and are responsible for determining the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You hereby accept any and all liability resulting from any such prohibited use of the Content, and indemnify and hold harmless Polar Star and its affiliates and each of their respective partners, members, officers, agents and employees (collectively, "Indemnitees") from and against any liability, claim, cost, loss, judgment, damage or expense (including attorneys' fees and expenses) that any Indemnitee incurs or suffers as a result of, or arising out of, your breach of anything set forth in these Terms and Conditions.
You acknowledge that: (i) the Content is not investment advice and shall not, under any circumstances, constitute an offer or solicitation to buy or sell any security or other financial instrument or service; (ii) although the Content may include investment-related information, none of the Content is a recommendation that you purchase, sell or hold any security or other financial instrument or service, or that you pursue any investment style or strategy; (iii) Polar Star does not give any advice or make any representations through the Content as to whether any security or other financial instrument or service is suitable for any person or will be profitable; (iv) none of the Content is intended to be, and you should not consider it to be, investment, accounting, tax or legal advice. You further understand that if you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You further acknowledge that the past performance of any investment, investment strategy or investment style of Polar Star is not indicative of future performance or results.
The Content is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Polar Star.
You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Content. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Content except as explicitly permitted herein. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Content. You shall not use the Content for or in connection with any illegal, fraudulent, harassing or similar prohibited purpose, or an activity that could, in Polar Star's good faith determination, adversely affect Polar Star's reputation.
Polar Star provides the Content "as is" and "as available" and without any warranty or condition, express or implied. Access to the Content may be amended, suspended temporarily or permanently and without notice. Although Polar Star endeavours to ensure that the Content is correct, no warranty, express or implied, is given as to its accuracy and Polar Star does not accept any liability for error or omission. In particular, but without limitation, Polar Star does not warrant that the Content or this Website are free from viruses or other similar problems and Polar Star is not responsible for any harm caused to you or your property from your use thereof. Polar Star shall not be liable for any damages, including, without limitation, damages for loss of business or loss of profits, arising in contract, tort or otherwise from the use of or inability to use the Content, or from any action or decision taken as a result of using the Content.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, such Term(s) or Condition(s) shall be severed and deleted from the clause concerned and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Cayman Islands and you agree to submit to the exclusive jurisdiction of the Courts located in the Cayman Islands to resolve any dispute related thereto.
Cookies
PolarStar uses browser cookies and similar technologies (collectively, “Cookies”) to collect and store certain information when you use, access, or interact with our Website. We may, for example, collect information about your IP address, your general geographic location as indicated by your IP address, your browser type, the content you view and features you access on the Website, how you interact with content available on the Website, and the search terms you enter on the Website. The information collected does not include your personal identity and is used to improve your browsing experience on our Website. We will not share this information for direct marketing purposes.
PolarStar does not accept responsibility for any interference or damage to your own computer system, the records stored thereon or those of any other person, which arises in connection with your use of this Website or any linked Website. Cookies allow your browser to check whether you have read and agreed to these Terms.
Managing cookies and opting out
You can choose how web browser cookies are handled by your device via your browser settings, including refusing or deleting all cookies. Some devices allow you to control this via your device settings. If you choose not to receive cookies at any time, the Website may not function properly. Each browser and device is different, so check the settings menu of the browser or device you are using to learn how to change your advertising settings and cookie preferences.
If you would like to contact us with questions about our use of cookies, privacy or data protection practices, please email: info@polarstarfunds.com.
Hyperlinks
When you access certain links on our Website you may leave our Website. Polar Star has not reviewed any of the Websites linked to our Website and does not endorse or accept any responsibility for the content of such Websites nor the products, services or other items offered through these Websites.
Access restricted to qualified investors.
By using this website, you shall be deemed to have accepted these Terms and Conditions in full.