TERMS OF WEBSITE USE
Welcome to www.polaris-finance.com. (the “Site”) is operated jointly and on behalf of Polaris Financial Services Ltd by Mayzus Financial Services Limited (“the company”, “we”, “our”, or “us”).
Please read the following terms and conditions of service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access and/or use the Site and the services provided to you by the Company through the Site. The website, platform and features of the Site are owned and operated by Mayzus Financial Services Limited, which facilitates and operates the website jointly and on behalf of Polaris Financial Services Ltd. Any liability that arises from the use of the Site belongs solely to Polaris Financial Services Ltd. This document governs your relationship with Polaris Financial Services Ltd, with offices located at PO BOX 309 Ugland House, Grand Cayman-KY1-1104, Cayman Islands, and/or any of its affiliates (collectively, the “Company”).
Set forth below are the terms and conditions under which the website makes its services available through the Site (the "Services"), to each person or entity (each referred to as "User") accessing or using the Site and/or the Services. The present terms, upon acceptance by the User by clicking - “I Agree to Terms & Conditions” - constitute a binding, legal agreement between the Company and User.
2. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
means any report, template document, graphs, statistics, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site;
means the Limited Liability Company Polaris Financial Services LTD an exempted financial company which is Registered under the Laws of the Cayman Islands and maintains its registered office address at PO BOX 309 Ugland House, Grand Cayman-KY1-1104, Cayman Islands, operating through Mayzus Financial Services Limited, a company with registration number 6721866, in partnership with Voice Commerce Limited, which is a wholly owned subsidiary of Voice Commerce Group Limited, and is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 900006) for the issuing of electronic money and the provision of payment services and holds a consumer credit license (number 624404/1) with its registered office at 869 High Road, London N12 8QA, United Kingdom;
means collectively any online documents, consultation, facilities, applications, tools, services or information that POLARIS makes available through the Site at all times;
means any software, database, online communications infrastructure that POLARIS makes available through the Site, not excluding emails, email addresses, message boards, live chat and any kind of links;
“User” / “Users”
means any person, other than POLARIS’ employees, that accesses the Site and/or uses the Services; and
means the website that you are currently using (www.polaris-finance.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
3.1. Personal information provided by the user to the Company through the Site for purposes of registration / sign up to use the Services, shall be complete, accurate and up to date at all times. Upon signing up for a User’s account, the Company shall provide each User with a username and password. The User shall be solely responsible and hereby indemnifies the Company for the account and all activities occurring in connection with the use of that account, whether or not user authorizes such activities.
4. SUBSCRIPTIONS AND PAYMENT
4.1 Paying the relevant consideration a User purchases a subscription to the Services which provide the user with a pre-defined allowance of services. The User may pay separately for each service provided or may pay additional consideration to the Subscription for the services provided in excess to the allowance according to any already paid subscription (collectively the "Subscription"). User shall provide payment according to POLARIS’ instructions for the relevant consideration to the Company including VAT and any other applicable taxes, applicable to such Subscription, as published on the Site. The Subscription and other Services fees may be changed from time to time and in the Company’s sole discretion, provided that any such change shall become effective at the end of the then-current term of User's Subscription. The Site will provide Users with annual Subscription with prior notice of any change in fees to allow the User to cancel the User's Subscription prior to the end of the then-current term of User's Subscription.
4.2. The User hereby confirm and warrants that the credit card and/or bank account information provided for the payment of Subscription consideration is accurate, and they shall promptly notify the Company of any changes to such information. User acknowledges and agrees that if User's credit card and/or bank account payment cannot be processed for any reason, the Company may suspend or cancel User's Subscription. The User further confirms that they are the legal holders of the credit card and/or bank account used and/or they are duly authorized by the legal holder of the credit card and/or bank account to use the particular card and/or bank account for the particular payment.
4.3 Subject to the terms of each Subscription, POLARIS may reserve the right to claim the required Subscription consideration through the course of business of the Subscription itself including, inter alia, the collection of commission and/or maintenance fees and as the Subscription terms may provide.
5. INTELLECTUAL PROPERTY
5.1. Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of POLARIS, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by the applicable jurisdiction, European and International intellectual property laws as well as any other relevant legislation.
5.2. The Company shall be the exclusive owner of the results and assessments of any Surveys or tests. These results and assessments are compiled by a team of experts and shall be final. No one shall have any right whatsoever to challenge our results and assessments.
5.3. The User may not reproduce, copy, edit, modify, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by POLARIS.
6. USER CONTENT
6.2. The User and the Company hereby agree that:
(a) The Site shall not be responsible for any content upload or transmitted by the User while using the Services in the Site;
(b) User acknowledges that content User content is not at all times controlled and/or approved by the Company thus may be unlawful, inaccurate, objectionable quality, harmful, abusive, tortious, defamatory, libelous, offensive, indecent, invasive of another's privacy, or otherwise objectionable. The Company may review User Content and block, modify or remove any such User Content in its sole discretion and shall input their best efforts to define and remove such content. The User acknowledges and agrees that the Company is not obliged to do so and shall be kept fully indemnified for non-compliance, illegality or inaccuracy of User content.
(c) Any User content shall be available for publishing, use, distribution by POLARIS for the purposes of operating the Site and supplying the Services. The User further warrants that uploading such content to the Site does not constitute an infringement of third party’s intellectual property rights and hereby grants to the Company an irrevocable, non-exclusive, royalty-free and worldwide license to use User Content.
(d) The Company reserves the right to remove from its database or make temporarily or permanently unavailable any Content and/or User Content without notice. User shall be solely responsible for backing up any User Content or any Content received by User through the use of the Services.
7.1. Without prejudice to sub-clause 7.2. below, if the Company in examine and discover that User’s activity constitutes non-compliance with any provision of these Terms, the Company may at its sole discretion suspend or disable User’s account and User’s access to use the Site and/or the Services.
7.2. The Company retains any legal right to claim and recover from User any losses, damages, costs or expenses incurred resulting from or arising out of such non-compliance.
7.3. The User warrants that:
(b) Must avoid uploading or transmiting through the use of the Site or the Services any unlawful, inaccurate, objectionable quality, harmful, abusive, tortious, defamatory, libelous, offensive, indecent, invasive of another's privacy, or otherwise objectionable information and material.
(c) Shall make sure they do not mislead the recipients of any survey in relation treatment of the survey answers and the personal details of the person responses to the Survey.
(d) shall not interfere with or disrupt the Site or the Services, or servers or networks connected to the Site or the Services, or regulations of networks connected to the Site or the Services;
(e) shall not attempt to hack, crack, or otherwise damage and/or interfere with the System or the Site in any manner and shall not distribute, transmit, or otherwise make available any malicious software or viruses that may damage the computer of any user or the Company, the proper operation of the Site, or the provision of the Services; and
7.4. The Company warrants that:
(a) Shall ensure that all your personal information is kept strictly confidential through a well-organized security system, which allows access to critical information to the company's security team members only. This team consists of experienced engineers and staff who are under stringent confidentiality requirements. The security system is backed by the latest technology and ensures that your personal information is fully protected. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we do our utmost to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make the best efforts to ensure the security of your information on our systems.
(b) Applies a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted-in to receiving communications from you. You can only use the Site to send emails to lists of people that gave you permission to email them. So if you don't have proof that each recipient on your list opted-in for your emails, don't import them into the Site and/or the Services. We prohibit the use of harvested mailing lists. The company retains the right to terminate accounts violating this prohibition. The Company strictly prohibits the use of third-party, purchased, or rented mailing lists unless User is able to provide proof that individuals on the list have opted-in to receiving emails of the type User will be sending them. User cannot mail to newsgroups, message boards, distribution lists or unsolicited email addresses. User hereby agrees to only use the Site in association with an established list of permission based opt-in email addresses. The Company provides use of the Site only to those subscribers who follow Site’s strict anti-spam policy.
(c) In accordance with applicable legislation, the Company may cooperate with any governmental authority in the terms of an investigation into User's use of the Site or the Services and/or may disclose any information pertaining to the User or to User's use of the Site or the Services, to such governmental authority in connection with any investigation.
The Company retains the right to make changes to the context, materials and services offered on this Site at any time. The Company shall be able to change the terms of this Agreement at any time and shall upload updated version without any prior notice given to Subscribers / Users.
By Using the Site and the Services, the User will be considered as being in agreement to any updated Terms and Condition and in case a User does not agree with such Terms shall be able to terminate their subscription or cease using the Site or Services.
9. LINKS TO OTHER WEB SITES
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
10. LINKS TO THIS WEB SITE
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the Company. To find out more please contact us by email or by filling the contact form.
a. POLARIS makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
b. No part of this Web Site is intended to constitute advice and the Content of this Web Site should be relied upon when making any decisions or taking any action of any kind.
12. AVAILABILITY OF THE WEB SITE
a. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
b. POLARIS accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
c. Limitation of Liability
d. To the maximum extent permitted by law, Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
e. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Law. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us either by post to PO Box 309 Ugland House, Grand Cayman George Town Cayman Islands KY1-1104. Such notice will be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16. LAW AND JURISDICTION
16.1. These terms and conditions and the relationship between you and POLARIS shall be governed by and construed in accordance with the Law of the applicable jurisdiction and you agree to submit exclusively to the courts of the particular jurisdiction.
16.2. Special Admonitions for International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.