Terms & Conditions

Terms & Conditions 

THIS WEBSITE IS ONLY MADE AVAILABLE TO ELIGIBLE INVESTORS 

The content of this website has been prepared by Polar Capital on behalf of Phaeacian Partners LLC on the basis of information and sources believed to be reliable.

Under no circumstances should any part of this website be construed as an offering or solicitation of an offer. Any investment in the products of this site should only be made on the basis of an Offering Memorandum or Prospectus. Phaeacian Partners LLC is registered as an investment advisor with the US Securities & Exchange Commission (SEC).  

Terms and Conditions of Use

IMPORTANT LEGAL NOTICE

THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS OF USE") APPLY TO YOUR ACCESS TO AND USE OF THE PHAEACIAN PARTNERS WEBSITE (THE “WEBSITE”). EACH TIME YOU ACCESS OR USE THIS WEBSITE, YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE TERMS OF USE AND ACKNOWLEDGE THAT WE MAY RELY UPON YOUR AGREEMENT. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AND IF YOU DO NOT ACCEPT ANY TERMS OR CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.

Information on the Website

Except where stated otherwise, the information, content and services on this Website (the “Information”) are provided by Phaeacian(referred to as "we" and "us") as at the date indicated on the relevant material.

The Information is provided for personal use and information purposes only. The Information does not take account of the investment objectives, financial situation and particular needs of any particular person and is not general advice to any class of persons. Therefore, you should not rely on the Information and should obtain relevant and specific professional advice in making any investment decision.

Furthermore, nothing on this Website constitutes or should be construed to constitute:

Permitted Users of the Website

The laws and regulations of the country from which you access this Website may include restrictions on the distribution of the Information. This Website is not directed at or intended for distribution to or use by any person or entity in any jurisdiction where (by reason of that jurisdiction’s applicable securities laws, person’s nationality, residence or otherwise) such distribution, publication, availability or use of this Website or any part of its contents would be contrary to applicable law or regulation or would subject Phaeacian or its affiliates to any registration or licensing requirement within such jurisdiction. If you are such a person or entity, you are not authorised to enter the Website. It is your responsibility to ensure that your use of this Website complies with any restrictions or any applicable local laws regarding use of the Information on this Website. Persons or entities in respect of whom such restrictions apply must not access the relevant pages on this Website.

The Information displayed on this Website contains material that may be interpreted by the relevant authorities in the country where you are viewing this Website as a financial promotion or an offer to purchase securities. Accordingly, if you reside in any such country or fall within the scope of any law that seeks to regulate financial promotions in the country of your residence or in the country in which you are viewing this Website, please cease accessing or using this Website immediately.

Certain materials on this Website have been created specifically for certain jurisdictions and as such it is your responsibility to ensure you navigate to the correct prepared material. Phaeacian will not be responsible to you for your access to any material incorrect for the jurisdiction that you require.

If you are uncertain about your position under the laws of the country in which you are viewing this Website, then you should seek clarification by obtaining legal advice from a lawyer practicing in the country of your residence or in the country in which you are viewing this Website before accessing this Website.

You may not use any part of the material or Information on this Website to establish, maintain or provide or assist in establishing, maintaining or providing a stock market for trading in securities.

Investment Performance and Accuracy of Information

The Site contains material about the past performance of the Funds. The value of an investment in a Fund may go up as well down so that an investor's investment in a Fund, when redeemed, may be more or less than the original investment amount. 

Past performance is no guarantee of future results

Whilst the information contained on the Website has been given in good faith and every effort has been made to ensure its accuracy, the Information may not be complete or accurate for your purposes. This Website and the Information is provided on an "as is" basis and Phaeacian may not, and has no obligation to, update the Information or correct any inaccuracy which subsequently becomes apparent. The Information and/or opinions and estimates comprised in the Information may be changed or withdrawn without notice and may become outdated. You, therefore, should verify any information or other material obtained from this Website before you use it.

PHAEACIAN, ITS RELATED BODIES CORPORATE, THE DIRECTORS OR OFFICERS OF THOSE ENTITIES, OR THEIR AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION AS TO RELIABILITY, COMPLETENESS, FITNESS FOR PURPOSE OR ACCURACY OF THE INFORMATION ON THIS WEBSITE OR ON ANY THIRD PARTY WEBSITE LINKED TO THIS WEBSITE.

IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM INFECTION, VIRUSES, WORMS OR ANY OTHER HARMFUL CODE WHICH MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE FULLY RESPONSIBLE FOR ENSURING PROTECTIVE STEPS TO BE TAKEN SUCH AS VIRUS CHECKING.

The Information is assembled from material prepared by Phaeacian or its agents but may not include Information made known to Phaeacian officers (or agents) subsequent to the date of publication of the Information indicated on the Website. If you use the Information, you do so at your own risk. Please recognise that the previous performance of securities or other instruments does not guarantee or predict future performance.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PHAEACIAN, ITS AFFILIATES, OFFICERS OR AGENTS ACCEPT NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF USE, DATA OR PROFITS, COSTS OR EXPENSES INCURRED OR SUFFERED BY YOU OR THIRD PARTY, WHETHER IN CONTRACT OR DUE TO NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, RELIANCE ON, OR PERFORMANCE OF THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE, WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF US, OUR SERVANTS, AGENTS OR ANY OTHER PERSON.

NOTHING IN THE TERMS OF USE EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY OR LIABILITY WHICH MAY AT ANY TIME BE IMPLIED BY STATUTE OR ANY OTHER APPLICABLE LAW WHERE TO DO SO IS ILLEGAL OR WOULD RENDER ANY PROVISION OF AN AGREEMENT VOID.

Third Party Websites

We may provide, on our Website, links to websites operated by third parties as a convenience to you. If you use these other sites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Phaeacian makes no representations, warranties or guarantees of any kind about any of the content of any other website which you may access by hypertext link through this Website. When you access any other website by means of a link from this Website, you should understand that your access to that other website is independent of Phaeacian and Phaeacian  has no control over the content of the website, nor does Phaeacian in any way endorse or approve the content of that website. In no event will Phaeacian in any way be liable to you or any other person(s) or organisation(s) for loss or damage (whether direct, indirect, consequential, special or other) for any use of any site linked to it by means of hypertext or otherwise.

Indemnity

You agree to indemnify Phaeacian and its officers, agents and affiliates from and against any claim brought by third parties against Phaeacian and its officers, agents and affiliates as a consequence of your breach of the Terms of Use. Furthermore, if your use of this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Intellectual Property Rights and Licence

The copyright, trade mark or any other intellectual property rights in the Website and the Information are owned by or licensed to Phaeacian. You may download or print out a hard copy of individual pages and/or sections of this Website provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from this Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link to or use for any public or commercial purpose this Website without the prior written permission of Phaeacian. Any rights not expressly granted in the Terms of Use are reserved. Accessing this website does not permit you to distribute data where you would be required to have a license otherwise.

Operation of the Website

You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk. Phaeacian cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

Cookies

Polar Capital may use "Cookies" to collect and access information concerning your visit to and use of the Website. "Cookies" are small pieces of information that your internet browser places on your computer’s hard drive and may be used by Polar Capital to remember usernames and viewing preferences, track click streams on your browser and present users with personalised versions of the Website. Polar Capital presently uses the information it collects to identify you and your settings when you return to the Website and to enhance your experience of the Website. For full details on the "Cookies" applied by Polar Capital to your use of the website, please see the Polar Capital Cookie Policy.

You have the option of setting your browser to block "cookies". Please refer to the "help" function of your internet browser for instructions. In some cases, blocking "cookies" may reduce the functionality of the Website or prevent access to it depending on your chosen internet browser options.

Waiver

If you breach the Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.