Terms And Conditions Of Use
By using this PolarStar Management (Pty) Ltd ("PolarStar") website (the "Website"), you hereby accept and agree to abide by the following terms and conditions ("Terms and Conditions"). You acknowledge your understanding that these Terms and Conditions constitute a binding agreement between you and PolarStar that governs your access and use of the Website, which includes all contents on or through the Website. The content on this Website ("Content") is owned by PolarStar and its use is subject to these terms and conditions.
Please read these Terms and Conditions carefully before using this Website. Each time you use the Website you accept and agree to abide by these Terms and Conditions. If you do not accept the Terms and Conditions stated herein, do not use the Website. Your breach of any provision of these Terms and Conditions revoke and terminate your right to access the Website and you will be fully liable for conversion, misappropriation, and all other claims and causes arising from or relating to your continued use of the Website after such breach.
All information displayed on this Website is subject to the copyright of PolarStar and is protected by copyright and other intellectual property laws. All rights not expressly granted are reserved.
The investment manager (PolarStar Management (Pty) Ltd) is an Authorised Financial Services Provider (FSP Number 45053). PolarStar Management (Pty) Ltd is licensed as a Category II & IIA licence holder, authorised by the Financial Sector Conduct Authority (FSCA). The date of registration with the FSCA was 08/04/2014. In terms of the General Code of Conduct of FAIS, FSP is required to disclose the information. PolarStar does not provide financial advice. All information contained herein should not be construed, or relied upon, as advice. If you require financial and/or investment advice, please engage the services of an independent financial adviser.
The Fund (Polar Star FR Qualified Investor Hedge Fund) is deemed a Hedge Fund portfolio created in terms of the Collective Investment Schemes Control Act, 2002 ("CISCA") and is regulated under Board Notice 52 of CISCA. Accordingly, the Fund is regulated within the South African unit trust industry under the auspices of CISCA.
AUTHORISED KEY INDIVIDUALS AND REPRESENTATIVES
The following individuals have been duly authorised by the Financial Services Board as key individuals and representatives to render financial services as defined in terms of the FAIS Act.
Key Individuals:
Casper Groenewald
Johann Theron
This Website is not an offer to, or a solicitation of, any prospective or existing clients of PolarStar. This Website instead provides generally available information about PolarStar. 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.
This Website is only for use by Professional / Qualified / Institutional Investors as defined in the relevant jurisdiction. Retail investors should not access the PolarStar Website.
This Website is not intended for use by US Persons (as defined under US securities laws) and the Fund managed by PolarStar 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.
PolarStar has taken and will continue to take care that all information, in so far as this is under its control, provided on this Website is true and correct. However, PolarStar shall not be responsible for, and therefore disclaims any liability for, any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly, or indirectly, to the use of or reliance upon any information, links or service provided through this Website.
There is no warranty of any kind, expressed or implied, regarding the information or any aspect of this service. Any warranty implied by law is hereby excluded except to the extent such exclusion would be unlawful.
The Content is controlled and operated by PolarStar from its offices in South Africa. Neither PolarStar 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 PolarStar 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 PolarStar 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) PolarStar 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 PolarStar 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 PolarStar.
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 PolarStar's good faith determination, adversely affect PolarStar's reputation.
PolarStar 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 PolarStar endeavours to ensure that the Content is correct, no warranty, express or implied, is given as to its accuracy and PolarStar does not accept any liability for error or omission. In particular, but without limitation, PolarStar does not warrant that the Content or this Website are free from viruses or other similar problems and PolarStar is not responsible for any harm caused to you or your property from your use thereof. PolarStar 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 South Africa and you agree to submit to the exclusive jurisdiction of the Courts located in the South Africa to resolve any dispute related thereto.
PRIVACY POLICY AND THE PROTECTION OF PERSONAL INFORMATION ACT
PolarStar is committed to maintaining the privacy and security of its customers' personal and private information. Our privacy policy outlines our practices and commitment to the customer in line with the Protection of Personal Information Act 4 of 2013 and can be read here.
Some areas of this Website may not be freely accessible. You may be asked to complete a form of registration in order to access other areas of this Website. When you register for access to such restricted areas, you may be asked to provide certain personal information. PolarStar will only use such personal information in accordance with this Privacy Policy. All personal information collected by PolarStar is kept strictly confidential and will not be given or sold to any third parties. PolarStar may only disclose or report such personal information if and when required to do so by law or any regulatory authority, and to our employees or agents who require such information to carry out their duties, or if we believe that such action is necessary for the purposes of the legitimate interest pursued by PolarStar, to protect and defend the rights, property, or safety of PolarStar, this Website, visitors to this Website or others. Personal information is used as appropriate in the normal course of business to provide the products and services you have selected. We may retain any information to monitor our site and communicate directly with you.
We take all reasonable steps to protect your personal information, including the use of encryption technology. We can however not guarantee the security of any information you transmit to us electronically and you do so at your own risk.
PAIA MANUAL
This information manual provides an outline of the types of records held by PolarStar and explains how one may submit requests for access to these records in terms of the Promotion of Access to Information Act, 2 of 2000 (“the Act”). It can be read here.
TCF POLICY
Our Treating Customers Fairly policy is centred around the guidelines provided by the Financial Services Board to ensure we consistently deliver fair outcomes to our clients and take responsibility for the business and staff providing an enhanced service quality to clients, based on a culture of openness and transparency. As a business, we take the requirements of the FSB seriously, in particular, the requirement to treat customers fairly. Our TCF Policy can be found here.
CONFLICT OF INTEREST
PolarStar has adopted and implemented a Conflict of Interest Management policy that complies with the provisions of the FAIS Act.
The Conflict of Interest Management policy is published on our website, click here to read it. The information contained in the Schedules is not available online however may be requested by email to herman@polarstarfunds.com.
CHANGES TO THE PRIVACY POLICIES
PolarStar may modify or amend its Policies at any time and for any reason, including the ones available on this website. We encourage you to periodically review our policies. Nothing contained herein creates or is intended to create a contract or agreement between PolarStar and any user visiting the Website or providing identifying information of any kind.
ELECTRONIC COMMUNICATION AND RECORDS
By visiting this Website or communicating with us by electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures, and all other communications transmitted by electronic means satisfies any legal requirement, including but not limited to the requirement that such communication should be "in writing".
USE OF COOKIES
Cookies may be placed on your computer when you both visit and register on this Website. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information back from the browser. 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. A cookie is utilised on this Website. It allows your browser to check whether you have read and agreed to these Terms. The cookie does not contain any personally identifiable information. Unfortunately, if your browser is set up to reject cookies you will not be able to see the content of this Website.
HYPERLINKS
When you access certain links on our Website you may leave our Website. PolarStar 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.
DISPUTE RESOLUTION
Subject to urgent and interim court relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the following:
• Interpretation and enforceability of this legal notice;
• Interpretation of this legal notice;
• Content (including message headers, links and/or attachments) of this message; or
• Sending or receipt of this message shall be referred to urgent and confidential arbitration in terms of the expedited arbitration rules of the Arbitration Foundation of South Africa and such arbitration shall be conducted in Cape Town in English.
GOVERNING LAW
This legal notice is to be interpreted and implemented in accordance with the laws of the Republic of South Africa.
Information Disclosures Required by Law:
Polar Star Management (Proprietary) Limited (Registration number:) 2012/070886/07
A copy of our license is available upon request.
Country of incorporation: South Africa
Postal address and address of registered office:
185 Bree Street
Cape Town
South Africa
8001
Directors: Casper Groenewald, Johann Theron & Andre Rousseau
Web site: https://www.polarstarfunds.co.za
COMPLIANCE OFFICER
Herman Verwey
Phone number: +27 21 409 7109 (direct)
Email address: herman@polarstarfunds.com
COMPLAINTS
PolarStar has adopted a complaint resolution procedure to ensure that all complaints are fairly and promptly addressed and that a proper process is followed to resolve such complaints.
All complaints must be lodged in writing and addressed to the Compliance Officer. All relevant information and/or documentation should be attached to the submission and can be sent:
• by hand, to First Floor, 185 Bree Street, City Bowl, Cape Town, 8001, South Africa; or
• by email, to herman@polarstarfunds.com.
All complaints submitted to PolarStar will be acknowledged in writing within two working days of the receipt thereof by PolarStar.
PolarStar will investigate the complaint by gathering all the relevant facts and may request additional information from you should it be necessary for resolution of the complaint. The Board of Directors of PolarStar will treat every complaint fairly and endeavour to provide a response as soon as possible.
Where a complaint cannot be addressed by PolarStar within ten working days of receipt thereof, you will be informed accordingly.
You will be notified of the outcome of the complaint in writing. If the outcome is not favourable to you, full written reasons will be provided within six weeks of receipt of the complaint. If you are not satisfied with the outcome, or if a solution has not been proposed within six weeks from receipt of the complaint, you are entitled to refer the matter to the FAIS Ombud. You have six months after the receipt of the final response from PolarStar, or after such response was due, to submit a complaint to the FAIS Ombud. You must endeavour to resolve the complaint with PolarStar prior to submitting it to the Ombud.
On submitting a complaint to the Ombud, you must satisfy the Ombud of having endeavoured to resolve the complaint with PolarStar, and you must produce the final response (if any) of PolarStar as well as your reasons for disagreeing with the final response.
CONTACT DETAILS FOR THE FAIS OMBUD:
Physical Address
FAIS Ombud
125 Dallas Avenue Menlyn Central
Waterkloof Glen, Pretoria 0010
Postal Address
P.O. Box 74571
Lynwood Ridge
0040
CLIENT CONTACT DIVISION
Tel: 012 762 5000Sharecall: 086 066 3274
Email address: info@faisombud.co.za
Website: www.faisombud.co.za
By using this Website, you shall be deemed to have accepted these Terms and Conditions in full.