Terms of Use
This website (the “Website”) is a website operated by Polus Capital Management Limited (“Polus”). The information on the Website is communicated by Polus both inside and outside the United Kingdom.
By accessing or using the Website, you accept and agree to comply with these Terms of Use. You acknowledge your understanding that these Terms of Use constitute a binding agreement between you and Polus (also referred to as “we” or “us”) that governs your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN CURRENT FORM. IF YOU DO NOT ACCEPT SUCH TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
YOUR COMPLIANCE WITH THESE TERMS OF USE AND ALL OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE WEBSITE MADE AVAILABLE TO YOU IS A CONDITION TO YOUR RIGHT TO ACCESS THE WEBSITE.
Professional Investors only:
The Content of the Website is directed exclusively to eligible counterparties and professional clients and is not directed to retail clients (each as defined in the rules of the Financial Conduct Authority). If you are a retail investor then please leave the Website immediately.
Legal Restrictions:
The Website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons in respect of whom such prohibitions apply must not access the Website.
Updates to the Website:
Polus reserves the right to make changes to the Website and these Terms of Use at any time without prior notice to you. For this reason, each time you use the Website, you should visit and review the then-current Terms of Use that apply to your use of the Website.
Website Security:
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms of Use.
Any violations of system or network security, including attempts to intentionally access a computer without authorisation or exceed your authorised access level, may result in civil and criminal charges. Polus may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread of, a virus, security breach or system malfunction.
Ownership of Materials on Website:
Unless otherwise noted, all Contents (including in relation to any trademark, logo and/or software that may be licensed by Polus (or its parent company) to Cairn Loan Investments LLP (“CLI”) and Cairn Loan Investments II LLP (“CLI II”)) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Polus (or its parent company) or by third parties who have licensed their materials to Polus and are protected by applicable copyright laws. The compilation of all Contents on the Website is the exclusive property of Polus (or its parent company) and is also protected by applicable copyright laws.
Nothing on the Website shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website by you becomes Polus’ property and may be used by us for any lawful purpose. Polus reserves all rights with respect to copyright and trademark ownership of all material on the Website and will enforce such rights to the full extent of the law.
You may download or copy Content only to the extent such download or copying is expressly permitted in writing on the Website. No right, title or interest in any downloaded or copied materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.
Privacy and Cookies:
Data Protection and Privacy Policy
Polus collects certain personal information about you such as your name, address, telephone number, email address and other information when it is voluntarily submitted to our firm on our Website or through other means, including in connection with Polus’ registration procedures for access to any Client/Investor Portal.
Please click here to read our Privacy Notice, which explains how our firm uses and shares personal data of individuals with whom we interact.
Cookie Policy
Cookies are small files stored on the hard drive of your computer or mobile device when you visit a website. We use first-party cookies to collect and use personal data about you. For example, we collect information about page views, searches and clicks and the length of visits to certain pages or length of Website use, log-in information, information about your operating system, information about content viewed, watched or downloaded for offline access, and other functional information on Website performance (for example, application version information, diagnostics and crash logs). Some cookies are required for technical reasons and are strictly necessary for our Website to operate (essential website cookies), others enable us to provide website functionality (performance and functionality cookies), or to help us to improve the Website and deliver a more personalised service (analytics and customisation cookies). By storing information such as location and web pages visited, we can improve your browsing experience and the quality of the services we provide you. We can also keep you informed with information we think could be of interest. You have the right to decide whether to accept or reject cookies that are not essential. You can change your cookie preferences by changing the settings on your web browser to accept or refuse cookies. If you choose to delete or reject cookies, you may still use the Website, though your access to some functionality and areas of the Website may be restricted. Nevertheless, you will always be able to access the public areas of the Website. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
No Offers or Reliance:
The information on the Website is provided for informational purposes only. Nothing contained on the Website constitutes an invitation or offer to buy or sell any investment or to enter into any agreement and none of Polus, CLI, CLI II or any of their affiliates (collectively, the “Polus entities”) is soliciting any action based upon the content of the Website. Nothing contained on the Website is intended to provide a basis on which to make an investment decision or constitutes a personal recommendation or takes into account the particular investment objectives, financial situations or needs of any particular person. In addition, no information, Content or other materials contained on the Website should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Website are included as representative transactions and are not necessarily reflective of overall performance. The Polus entities do not advise on the tax consequences of any investment.
The Polus entities make no representations that transactions, products or services described on the Website are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Website do so at their own initiative and are responsible for compliance with local laws or regulations.
While the Polus entities use reasonable efforts to obtain information from reliable sources, the Polus entities make no representations or warranties as to the accuracy, reliability or completeness of any information or document on the Website obtained from third parties. Certain information on the Website may contain forward-looking statements. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook”, “indicator”, “believe”, “expect”, “potential”, “continue”, “may”, “should”, “seek”, “approximately”, “predict”, “anticipate”, “optimistic”, “intend”, “plan”, “estimate”, “aim”, “will” or the negative version of these words or similar expressions. Polus undertakes no obligation to update publicly or revise any information on the Website, whether as a result of new information, future developments or otherwise. Opinions and any other Content on the Website are subject to change without notice.
Past Performance and Risk Warning:
Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past or that significant losses will be avoided. Securities and derivative instruments involve a high degree of risk. Different types of funds, strategies or investments present different degrees of risk.
Conflicts of Interest:
The Polus entities and/or any of their clients’ accounts may, from time to time, have long or short positions in, and buy or sell, securities, options, derivatives or other instruments and investments identical or related to those that may be mentioned on the Website. Such positions may be the same as or different from (including opposite to) the economic effect of any transactions described therein.
No Warranty; Limitation on Liability:
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER THE POLUS ENTITIES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER THE POLUS ENTITIES NOR THEIR ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED ON THE WEBSITE OR THE MATERIALS OR SERVICES DESCRIBED ON THE WEBSITE NOW OR IN THE FUTURE. THE POLUS ENTITIES AND THEIR ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OF THE WEBSITE, INFORMATION ON THE WEBSITE OR THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR RELATED SERVICES.
UNDER NO CIRCUMSTANCES WILL THE POLUS ENTITIES OR THEIR ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORISED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF THE POLUS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorised representative of Polus has been advised of or should have knowledge of the possibility of such damages.
Linked Websites
When you access certain links on the Website you may leave the Website. Polus has not reviewed any of the websites linked to the Website and does not endorse or accept any responsibility for the content of such websites nor the products, services or other items offered through such websites. If you decide to link to any such third party websites, you do so entirely at your own risk.
Password Security and Notification:
Access to certain parts of the Website requires a login. If you have a user name, password or Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your login credentials and you agree that you will submit complete and accurate registration information as requested by Polus and maintain the accuracy of this information by promptly notifying Polus of any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify Polus immediately if you become aware of any disclosure, loss, theft or unauthorised use of your login credentials. Polus is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.
Disclosure Regarding Polus Social Media Channels:
The content on Polus’ social media channels, including X/Twitter and LinkedIn, is provided as information only. It does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. Polus does not warrant the accuracy, completeness or usefulness of the information available on its social media channels. Polus does not control and is not responsible for any third party content on such channels or on other third party websites that may be linked to by such channels. Such third party content or websites should not be presumed to reflect the view of Polus or our staff. Polus is not responsible for the implications of your use of such channels or such third party content or websites, or for any third party’s policies or practices regarding security, privacy, use or other matters.
Call Recording:
Telephone conversations between you and the Polus entities may be recorded. You specifically consent to the Polus entities recording such conversations and agree to notify your employees and agents that all conversations with the Polus entities may be recorded and that you have consented to all conversations with the Polus entities being recorded.
Governing Law:
Use of the Website shall be governed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute (including any dispute relating to non-contractual obligations) arising out of your use of the Website. Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in another jurisdiction.
Business Continuity Summary Disclosure Statement:
Polus maintains a Business Continuity Plan (which also applies to CLI and CLI II) as a framework to prepare the firm(s) in the event of extended service outages caused by factors beyond its control (e.g., hurricanes, natural disasters, man-made events) and to restore services to the widest extent possible in a minimum time frame.
If you cannot contact Polus through normal channels, please check the Website (www.poluscapital.com) for alternative means of communication.
Contact Information:
Polus Capital Management Limited
Asticus Building
21 Palmer Street
London
SW1H 0AD
Phone: +44 (0) 207 259 4800
Polus’ Business Continuity Plan is subject to change at any time in Polus’ sole discretion.
Disclosure Statement for Users in the United Kingdom:
The information contained on the Website has been approved for issue in the United Kingdom by Polus.
Polus is authorised and regulated in the United Kingdom by the Financial Conduct Authority (“FCA”). Each of Polus and Polus Capital Management (US) Inc. are investment advisers registered with the U.S. Securities and Exchange Commission. CLI and CLI II are both authorised and regulated by the FCA. Polus, CLI and CLI II’s registered office is at Asticus Building, 21 Palmer Street, London SW1H 0AD. CLI and CLI II are not affiliates of each other nor of Polus, but Polus established them and provides them with support services.
