Legal notice

Use of this website (the “Website”) is subject to the terms and conditions as laid out below, the Privacy Policy and Cookies Policy (collectively, the “Terms of Use”).

Polyvalent Capital Limited (the “Company”)has been established in Abu Dhabi Global Market (“ADGM”) with registration number 8255, and is regulated by the ADGM Financial Services Regulatory Authority (“FSRA”) with registration number 220083 for the financial services permission of managing assets, managing a collective investment fund, arranging deals in investments, arranging custody and advising on investments or credit.

In these Terms of Use, any references to “we”, “our”, “us” are references the Company and references to “you”, “your”, “yours” are references to the visitors and/or users of this Website. These Terms of Use are supplementary to any other written agreements between you and the Company and/or the collective investment funds managed by the Company. Please read these Terms of Use fully and carefully before using the Website and the services offered by the Company.  

To contact us about these Terms of Use or anything else please email us at info@polyvalent.capital.

Eligibility and accessibility

IMPORTANT INFORMATION:

The Company is only licensed to provide financial services to Professional Clients (as defined in the FSRA Conduct of Business Rulebook (“COBS Rulebook”)) (the “Eligible Person(s)”). The Website, and the information contained within it, is strictly  directed to and intended for the Eligible Persons. For the avoidance of doubt, nothing on this Website is directed to or intended for Retail Clients (as defined in the COBS Rulebook) or anyone who is not an Eligible Person.

You are responsible for ensuring that you fall within the applicable definitions. You are responsible to ensure that these Terms of Use are in compliance with all applicable laws and regulations that apply to you.

By engaging with and/or using our Website, you confirm that you are an Eligible Person and that you will comply with all applicable law (national or international) and regulations in relation to your use of the same. We shall not be liable for any breach of any law or regulation of the jurisdiction in which you reside in by use of the Website, including without limitation downloading content from the Website.

If you do not agree to the Terms of Use and/or you are not a Professional Client, then you must not use our Website.

Amendments to the Terms of Use and Modifications to Access

We amend the terms and conditions of all Terms of Use from time to time. Revised Terms of Use will take effect from the date of its publication on our Website. We encourage you to check the Terms of Use each time you wish to use our Website, to ensure that you kept up to date on any relevant changes.

We cannot guarantee that our Website will always be available or be uninterrupted. In compliance with the applicable laws and regulations, we reserve the right to suspend, withdraw, restrict or discontinue all or parts of the Website (including without limitation the availability of and/or your access to any feature, database, platform or content). We will give you reasonable notice of any suspension or withdrawal by posting a notice on the Website, or by sending an e-mail if we have this data on file.  However, we cannot guarantee that such notice will be provided.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them. Your continued use of the Website following any changes made to the Terms of Use will be taken as your implied consent to such changes. 

Use of our Website

Our Website must not be used by you, or others at your direction, for the following reasons including, but not limited to:

1. any unlawful, improper or illegal purpose or activity;
2. in violation of our copyright, trademark or other intellectual property rights;
3. to impersonate any of the Company’s employees to other persons;
4. to use an illegitimate or false identity when using our Website;
5. to damage, harm or taint our name or reputation;
6. to penetrate or attack our servers or security measures;
7. to deny other users access to our Website by generating excessive internet traffic or otherwise
   interfering with our Website; or to hack or otherwise introduce any virus, worm, code into our Website.

Restrictions on marketing

Some information on the Website may be restricted by law or regulation in certain jurisdictions. The Website and the information it contains are not addressed to any person that resides in a jurisdiction in which such distribution would be in conflict with the applicable law or regulation.

Reliance on Website information

Although we take great care to ensure that the information on our Website is accurate, complete and current whilst also compliant with applicable law and regulation as at the time of publication, the content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. The information contained on this Website does not constitute an offer, invitation or general solicitation to buy or sell any investments, provide investment advisory services or to engage in any other transaction.

You should never merely rely on the information on our Website to influence any action or inaction with regards to any current or future investment you have or intend to make. Any changes you make to your investment position is made at your own risk, even if that change had been made in reliance on information contained in our Website.  You must obtain professional or specialist advice in relation to any particular matter or circumstances related to your specific circumstances and conduct your own due diligence, after property reviewing the relevant offering documents and other documents, before taking any action with regards to the information on the Website.

Indemnification

Decisions based on information made available on this Website are the sole responsibility of the visitor and/or the user.  As such, you agree to defend, indemnify and hold the Company harmless (including without limitation our officers, directors, employees, partners agents, and affiliate) from and against any and all liabilities, claims, damages, losses, expenses or costs (including without limitation legal fees and other litigation expenses) in connection with or arising out of or that relate in any way to your use of the Website or otherwise from your breach or violation of the Terms of Use or infringement by you, or any third party using your identity or account, of any intellectual property rights in the Terms of Use pertaining to the Website.

We assume and reserve the right to control and defend any matter that you are subject to indemnify us for in accordance with this provision, and you shall cooperate with us in asserting our defence if required.  This indemnification provision shall survive the deletion of your account on the Website, or termination of services with the Company.      

Use License of information

This Website is intended only for your own personal, non-commercial use, unless otherwise agreed in writing with the Company.

Whilst you may use the material or content on our Website and down load and print them in hard copy, you shall only do so for your personal benefit. Use, reproduction or modification of any material published on the Website without our prior written consent is prohibited. You must not modify the paper or digital copies of any materials you have printed off or downloaded in anyway, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  

For the avoidance of doubt, we are the owner (or the licensee) of all intellectual property rights, such rights are hereby reserved, on our Website and the material published on it. Neither these Terms of Use, nor your access to the services we offer, transfers to you any right, title or interest in or to such intellectual property rights. Content or material on our Website may be protected by copyrights, trademarks or patents and you shall abide by and maintain all such notices.

Liability

To the maximum extent permitted by law, neither the Company, its directors, officers, employees, agents, partners or suppliers shall in no event be liable under contract, tort, strict liability or negligence with respect to these Terms of Use, or the information published on the Website, for any loss of profits, data loss, or special, indirect, incidental, punitive or consequential damages of any kind nor shall we be liable for any viruses, bugs, Trojan horses or similar from our Website or links to third party websites found on our Website nor shall we be liable for any reliance placed on information found on our Website by you or any visitor to our Website or by anyone who maybe informed of any of its contents. We accept no liability if our Website is unavailable at any time for any period for any reason. Our Website is provided strictly for information purposes only and is not to be construed nor intended to constitute an invitation or solicitation or offer to subscribe for the purchase of any investments, products or services including without limitation units in any collective investment funds managed by the Company. Any transmission of information between us and you from our Website or otherwise will be entirely at your risk.

The Website may contain information and opinions which have been compiled by us from third party sources considered to be reliable sources as at the date of publication. That information and opinions however will be subject to change rapidly. The information and opinions found on our Website are not to be construed as nor relied upon as investment advice or otherwise interpreted as a recommendation of any kind. We expressly exclude all conditions, warranties, representations, undertakings and such other terms which might otherwise be implied by statute, common law or in equity as we cannot be held responsible for any visitor to our Website, including yourself, that may place reliance on the information found on it.

Any decision to make an investment (including in any collective investment funds managed by the Company) shall only be made only after independent research and independent professional advice has been sought by you after having read the relevant offering documents which may contain additional information to what is found on our Website. You shall not rely solely on the information and opinions you find on our Website and you should only make an investment that is suitable for your financial and professional needs after consulting with your independent advisor.

Links to other websites

Where our Website contains links to other websites and resources provided by third parties if any, these links are provided for your information only and without liability.

Visiting any links found on our Website is done so at your own risk. Such links, and information published in those links, should not be interpreted as having been vetted and approved by us prior to allowing them to be linked to our Website. Links to other sites from our Website does not mean that we endorse or guarantee that site or its content. We will not have checked the content of those sites that they are complete or accurate otherwise. We have no control over the contents of those sites or resources and encourage you to read the terms of use, privacy policy and cookies policy of such sites.

In compliance with the applicable rules and regulations, the Company reserves the right to prohibit and/or block any link to the Website made available without your permission, at any time, without notice and at its sole discretion.

Governing Law and Jurisdiction

The information provided on this Website is not intended for distribution or use by any person or entity in any jurisdiction where such distribution or use would be contrary to the law or regulation or which would subject the Company to any registration requirement within such jurisdiction.

These Terms of Use shall be governed by and construed exclusively in accordance with the laws of Abu Dhabi Global Market.

Any dispute, difference, controversy or claim arising out of or in connection with these Terms of Use, including (but not limited to) your use of the Website shall be subject to the exclusive jurisdiction of the Courts of Abu Dhabi Global Market.

Entire Agreement

These Terms of Use shall form the entire agreement between you and the Company in relation to your use of the Website.

Severance

If any provision in these Terms of Use is said to be invalid, void or unenforceableby a competent court, that ruling shall not affect the validity of the remaining provisions. Headings used in these Terms of Use are only for convenience and shall not be used to interpret or construe any of the provisions of the Terms of Use.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms of Use where such failure arises from any cause that is beyond our reasonable control including but not limited to Acts of God, government and/or regulatory and/or other appropriate authority actions, financial services moratorium, or, electronic, communications or mechanical failure.

Notices

Subject to any other applicable provision, all notices under these Terms of Use shall be in writing either by email or by post.

Notices sent by email shall be deemed served when receipt is electronically confirmed. Notices sent by post will have been deemed duly served if personally delivered or sent by certified or registered mail the next business day.  

Notices sent by email should be sent to info@polyvalent.capital.

No Waiver

The Company’s failure to exercise its rights under these Terms of Use shall not constitute a waiver of any such rights in the future.