POLAR  
   PACIFIC
 

 

 

 


Terms and Conditions

for the

POLAR PACIFIC

 Website and Client Services

 

 

 

 

 

 

 

 

 

WEBSITE

The Polar Pacific Website is available to the public free of charge.
  Anyone who accesses any part of this Website agrees to the following Terms of Use.

These Terms of Use may be modified in whole or in part from time to time without notice.

 

Copyright Assertion

All articles, tables, charts, analyses, forecasts, records, or other information or material presented on these webpages, in correspondence (including private emails), in posts to other websites (including message boards and public discussion forums), or in articles published in other mass media are the intellectual property of the author, David Bensimon, and Polar Pacific Pty Ltd.  All content is protected by Copyright and may not be copied or reproduced in whole or in part by any means, including photocopying and electronic transmissions, without prior written authorisation.  All rights are reserved.

With respect to content (including text and images) from any source listed above, direct copying or quotation placed in a facsimile or email message, in a post on any website (including internet message boards and public discussion forums), or in an article published in other mass media, is not allowed; but citations or references to such content by hyperlinks to pages and image-files on the Polar Pacific Website are permitted.

The names Polar Pacific, PolarPerspectives, PolarView, PolarTrend, PolarTrack, PolarTrade, PolarShot, PolarPeek, PolarPack, PolarPlus, PolarPower, PolarPremium, PolarProjects, and Dynamic Balance, as well as derivatives (with or without spacing) and the corporate logo    and website address www.polarpacific.com are all trademarks of Polar Pacific Pty Ltd.

 

Licensing Statement

Polar Pacific Pty Ltd has held a Futures Advisers Licence from the Australian Securities and Investments Commission  since 09AUG00, with the Company's Principal, David Bensimon, holding Proper Authority under that Licence.

The Australian Financial Services Reform Act (effective March 2004) involves a notable increase in the administrative requirements for licence-holders across a range of sectors and categories of financial products and services. 

On 11FEB04 Polar Pacific Pty Ltd was approved under the new regime for a Licence to provide general financial product advice on derivatives (futures) to wholesale clients.  The Company Principal, David Bensimon holds Proper Authority under this Licence.   

No warranties or endorsements by either ASIC  or Polar Pacific Pty Ltd as to the accuracy or value of the information provided is implied from possession of such Licence. 

Under the new regime, the provision of both general and personal advice to retail clients involves substantially more requirements than the provision of general advice to wholesale clients .  

Accordingly, Polar Pacific Pty Ltd cannot provide any financial products advice to retail clients.  Use of this free website is also governed by the limitation against providing any financial products advice to any retail individuals, as defined in Section 761G(7) of the Australian Corporations Act 2001.  The foregoing applies also to correspondence (including private emails) with the Company's Principal, David Bensimon, to posts on other websites (including message boards and public discussion forums), and to articles published in other mass media.

Furthermore, it is a strict condition of the Polar Pacific website that any individual accessing it recognizes and accepts unreservedly that all information, analyses, projections, forecasts, expectations, or outcomes relating to past, present, or future financial markets performance, economic activity, or investment or trading instruments, are provided exclusively for academic purposes and that such information must not in any way be construed as general or personal advice to invest or trade in any financial market or security.  The foregoing applies also to correspondence (including private emails) with the Company's Principal, David Bensimon, to posts on other websites (including internet message boards and public discussion forums), and to articles published in other mass media.

 

Liability Disclaimer

All references to and presentation of analyses, projections, forecasts, expectations, or outcomes relating to past, present, or future financial markets performance, economic activity, or investment or trading instruments, are provided on this website for academic purposes only and must not in any way be construed as specific or general advice to invest or trade in any financial market or security.  The foregoing applies also to correspondence (including private emails), to posts on other websites (including internet message boards and public discussion forums), and to articles published in other mass media.

Polar Pacific Pty Ltd and/or its Principal, David Bensimon, shall not be held liable for any losses incurred by anyone who follows or acts on the opinions , views, or forecasts expressed in any form on the Polar Pacific Website, on any other websites or from individuals connected by hyperlink to or from this website.  Anyone accessing the Polar Pacific Website is solely responsible for their interpretation of its contents and for their own decisions and actions with regard to trading or investing in financial markets.  The foregoing applies also to correspondence (including private emails), to posts on other websites (including internet message boards and public discussion forums), and to articles published in other mass media.

Examples quoted from the Dynamic Balance or PolarView newsletters of analyses, projections, forecasts, expectations, contingent scenarios, or investment or trading strategies which have been deemed successful, or which produced accurate outcomes in terms of price, direction, or timing objectives, or position-related profitability, are presented for illustrative purposes only.  They are not intended to be an exhaustive listing of all projections, forecasts, expectations, or contingent scenarios presented in the Dynamic Balance or PolarView newsletters or in posts to public internet forums.  Many of those not included in the highlights presented on this Website were also successful in terms of achieving their price, direction, or timing objectives, but some of the forecasts in the Reports and Posts did not meet their anticipated targets.

Past performance is not indicative of future performance, and trading in securities and derivatives (eg. futures and options) involves substantial risks.  All parties using the Polar Pacific website or corresponding for any reason with the Company's Principal, David Bensimon, should consult their own Authorised Investment Adviser and/or Registered Commodity Trading Adviser before placing funds at risk, and should always employ prudent money management policies and practices appropriate to their own particular circumstances.  

 

Privacy Policy

In the course of visiting this website, the host server automatically collects common log files of data transmissions, including general information about the source of connection and navigation while on site.  The purpose of such tracking is only to produce internal management reports involving various aggregated site-usage statistics, with a view, for example, to tailoring improvements in user-friendliness to visitors' preferences. 

The collection of personal or confidential particulars of visitors is NOT the objective, and it is the express policy of Polar Pacific Pty Ltd that any such items of specific visitor information which are incidentally obtained in the course of general site-usage tracking will never be passed on or provided to any other party. 

 

Thank you for reading the Terms of Use for the Polar Pacific Website.

 

 

 

 

 

 

 

CLIENT SERVICES


Terms and Conditions
for Polar Pacific Client Services (including analytical reports, trade models, and correspondence) are similar but not identical to the Terms of Use for the Polar Pacific Website. One important difference relates to the nature of advice provided to Clients compared with Website visitors.

These Terms and Conditions may be modified from time to time by Polar Pacific Pty Ltd without notice.

 

List of Publications, Products, and Services:

Books

  • Polar Perspectives  --  Special Edition

  • Polar Perspectives  --  International Edition

  • Polar Perspectives  --  American Edition

Reports 

  • Dynamic Balance  --  Daily, Weekly, Monthly reports and special updates

  • PolarView  --  Monthly analysis and special updates

  • PolarPremium  --  Telephone consultations

Models

  • PolarTrend, PolarTrack  --  Weekly models  (American Multi-Sector / International Indices versions)

  • PolarTrade, PolarShot  --  Daily models

Packages

  • PolarPeek, PolarPack  --  product combinations

  • PolarPlus, PolarPower  --  book and product combinations

Correspondence  --   by Polar Pacific Pty Ltd or its Principal, David Bensimon

  • private email messages with prospective, current, or past clients

  • public posts to internet message boards / discussion forums

Articles

  • in papers and posts on Polar Pacific website

  • on other public or private websites

  • in print magazines or newspapers

  • in other mass media presentations

 

Copyright Assertion

All articles, tables, charts, analyses, forecasts, records, or other information or material presented in whole or in part in the abovementioned List of Publications are the intellectual property of the author, David Bensimon, and Polar Pacific Pty Ltd.

All content is protected by Copyright and may not be copied or reproduced in whole or in part by any means, including photocopying and electronic transmissions, without prior written authorisation.  All rights are reserved.  

Clients who have purchased Analytical Reports or Trade Model in the List of Publications are allowed to make hardcopy versions or computer-backup copies for their own or internal use only. 

With respect to content (including text and images) from any source in the List of Publications, direct copying or quotation placed in a facsimile or email to another individual or organisation, in a post to any website (including internet message boards and public discussion forums), or in an article published in other mass media, is not allowed;  but citations and references to such content by hyperlinks to pages and image-files on the Polar Pacific website are permitted.  

The names Polar Pacific, PolarPerspectives, PolarView, PolarTrend, PolarTrack, PolarTrade, PolarShot, PolarPeek, PolarPack, PolarPlus, PolarPower, PolarPremium, PolarPresentations, PolarProjects, and Dynamic Balance, as well as derivatives (with or without spacing) and the corporate logo    and website address www.polarpacific.com are all trademarks of Polar Pacific Pty Ltd.

 

Licensing Statement

Polar Pacific Pty Ltd has held a Futures Advisers Licence from the Australian Securities and Investments Commission  since 09AUG00, with the Company's Principal, David Bensimon, holding Proper Authority under that Licence.

The Australian Financial Services Reform Act (effective March 2004) involves a notable increase in the administrative requirements for licence-holders across a range of sectors and categories of financial products and services. 

On 11FEB04 Polar Pacific Pty Ltd was approved under the new regime for a Licence to provide general financial product advice on derivatives (futures) to wholesale clientsThe Company Principal, David Bensimon, holds Proper Authority under this Licence.   

No warranties or endorsements by either ASIC  or Polar Pacific Pty Ltd as to the accuracy or value of the information provided is implied from possession of such Licence. 

Under the new regime, the provision of both general and personal advice to retail clients involves substantially more requirements than the provision of general advice to wholesale clients .  


Wholesale Clients

In accordance with the new legislative and regulatory requirements, all services in the above-mentioned List of Publications (including correspondence by Polar Pacific Pty Ltd and its Principal, David Bensimon) which are subject to those regulations, are available exclusively to the  "wholesale" clients (as defined in the Australian Corporations Act 2001 and amendments):

  • [s.761G(7)(b)]  --  "financial institutions" or other businesses with at least 20 employees
     

  • [s.761G(7)(d)]   --  "professional investors", comprised of: 

    • financial services licensees  

    • funds or individuals controlling at least AUD 10 million  

    • businesses which have raised funds via public offer for investment in financial products 
         

  • [s.761G(7)(c)]  --  "private individuals" who can certify either of the following:

    • gross income above AUD 250,000 in each of the past two years

    • net assets above AUD 2.5 million
        

  • [s.761GA]  --  "sophisticated investors", defined as any person (the client) who can provide assurance that they have previous experience in using financial services and investing in financial products that allows the client themself to assess each of the following:

    • the merits of the financial products or services

    • the value of the financial products or services

    • the risks associated with holding the financial products

    • the client's own information needs

    • the adequacy of the information provided by the licensee and the product issuer
           

Each of the regularly scheduled services  --  PolarView Monthly Analysis, PolarTrend and PolarTrack Weekly Models, and PolarTrade and PolarShot Daily Models   --  as well as the PolarPremium Analytical Reports (which allow selection of market and frequency)  --  involve general advice only in relation to derivatives, of which the notional underlying values in each case exceed the AUD 500,000 minimum stipulated in Reg. 7.1.22(2).  

Thus, all these services represent "wholesale" financial products advice as per s.761G(7)(a), and are therefore not appropriate for "retail" persons.  Polar Pacific Pty Ltd cannot provide any financial products advice to retail clients

All capital and positions are managed by clients directly in their own trading accounts or portfolios.  Polar Pacific Pty Ltd does not accept any funds for management.

The Polar Perspectives book (Special Edition, International Edition, American Edition)  is of a long-term academic nature and as such is not intended and must not be construed as investment or trading advice.  Accordingly, the Polar Perspectives book is not restricted to wholesale clients only.


General Advice 

The PolarView Monthly Analysis, PolarTrend and PolarTrack Weekly Models, PolarTrade and PolarShot Daily Models, and PolarPremium Analytical Reports are all published on an advisory basis only.  The advice in these services is of a general nature only and does not take into account any client's individual objectives, needs, financial situation, or risk tolerances.  Clients should consider the appropriateness of the advice for their own circumstances.

Furthermore,  it is a strict condition of use that any individual or corporate body accessing any document or service published by Polar Pacific Pty Ltd or its Principal, David Bensimon, recognizes and accepts unreservedly that all analyses, projections, forecasts, expectations, contingent scenarios, strategies, recommendations, model positions, outcomes, or other information or material relating to past, present, or future financial markets performance, economic activity, or investment or trading instruments mentioned therein are provided exclusively on the basis of being general financial advice and that such information must not in any way be construed as personalised advice to invest or trade in any financial market or security.

 

Liability Disclaimer

All references to and presentation of analyses, projections, forecasts, expectations, contingent scenarios, strategies, recommendations, models, records, outcomes, or other information or material relating to past, present, or future financial markets performance, economic activity, or investment or trading instruments presented in the above-mentioned List of Publications (except the PolarPerspectives books) are provided only as general advice to an audience of market participants having a wide range of individual risk profiles, financial objectives, capital resources, investment horizons, and trading experience.  The PolarPerspectives books are of a long-term academic nature and are available strictly on the basis that they do not constitute financial products advice. 

Any specific recommendations in the List of Publications (except the PolarPerspectives books) and related communications to invest or trade in any financial markets or instruments must therefore not be construed as being necessarily appropriate for every or any particular client.  Readers must not construe any material in the PolarPerspectives books as a recommendation to invest or trade.

All documents and services on the List of Publications (except the PolarPerspectives books) including any related communications, represent general advice only and do not take into account any individual client's investment objectives, needs, or financial position.  The PolarPerspectives books do not constitute financial products advice, of either a personal or a general nature.

All clients and any other users of any document or service in the List of Publications  should consult on a personalised basis with their own Authorised Investment Adviser and/or Registered Commodity Trading Adviser before placing funds at risk, and should always employ prudent money management policies and practices.

It is the sole responsibility of the client or any person using the analyses, projections, forecasts, expectations, contingent scenarios, strategies, recommendations, models, records, outcomes, or other information or material presented in the documents or services on the List of Publications, including correspondence via email or other means by Polar Pacific Pty Ltd or its Principal, David Bensimon, to incorporate their own particular circumstances when evaluating and making any trading or investment decisions.  

Any individual or entity using any of these documents or services in whole or in part must accept the condition that neither Polar Pacific Pty Ltd nor its Principal, David Bensimon, shall be held liable for any losses incurred from following or acting upon the opinions, forecasts, strategies, trade recommendations, or model positions described in those documents or services or related communications, including emails or other messages sent by Polar Pacific Pty Ltd or its Principal, David Bensimon.  The PolarPerspectives books are available to both wholesale and non-wholesale purchasers strictly on the basis that the material contained therein does not represent financial products advice.

Any individual or entity accessing the above-noted publications and communications agrees to be solely responsible for their own interpretation of the contents and for their own decisions and actions with regard to trading or investing in financial markets. 

Polar Pacific Pty Ltd, and/or its Principal, David Bensimon, may or may not take long or short positions in the various financial instruments highlighted in the discussions, recommendations, strategies, and models presented in the documents or services in the List of Publications.

Examples quoted from Polar Pacific publications of analyses, projections, forecasts, expectations, contingent scenarios, or investment or trading strategies which have been deemed successful, or which produced accurate outcomes in terms of price, direction, or timing objectives, or position-related profitability, are presented for illustrative purposes only.  They are not intended to be an exhaustive listing of all forecasts, expectations, contingent scenarios, or records presented in Polar Pacific publications  (including correspondence and posts to public internet forums).  Many of those not included in the highlights presented on this Website were also successful in terms of achieving their price, direction, or timing objectives, but some of the forecasts in the various publications did not meet their anticipated targets.

Any presentation of historical positions or performance for the Trade Models referring to periods before 01JAN07 represent theoretical and/or back-testing results only.  Any presentation of positions or performance for the Trade Models referring to periods from 01JAN07 represent real-time results, but may differ from actual performance measurements in any particular client's own portfolio or account due to factors such as but not limited to relative capital, transaction size, execution slippage, brokerage fees, interest, etc. 

Past performance in forecasting market movements is not indicative of future performance.  Trading in securities and derivatives (eg. futures and options) involves substantial risks.  No warranty is given as to the profitability of any service in the above-mentioned List of Publications.  

 

Refund Policy

Only stand-alone subscriptions to PolarView are refundable (as described below).  Due to the nature of the services and price discounts, all other publications, products, and packages from Polar Pacific Pty Ltd are sold exclusively on a non-refundable basis.
 

Publications

PolarView Monthly Analysis

Regular pre-paid subscriptions (USD 3000 for 12 monthly reports) may be cancelled by the subscriber at any time.  

A prompt pro-rata refund will be made by applying a charge at the undiscounted rate of USD 300 per monthly report already delivered plus an Administrative Fee of USD 150.  

Refunds are not available for any report already delivered, for ad-hoc purchases of a single monthly report at USD 300, or for subscriptions purchased at a discount or as part of a package with other publications, products, or services.


PolarPremium Telephone Consultations

This service priced at USD 500 per hour per market (including 30 min for research and 30 min for delivery) is purchased on an ad-hoc basis.  

Accordingly refunds are not available for any PolarPremium consultation already delivered.  Due to the preparation time involved, refunds are also not available for orders cancelled prior to delivery. 


PolarPerspectives Special Edition

Books already delivered are not refundable, but orders for single copies in respect of which the book has not yet been sent for delivery can be cancelled for a refund of the pre-paid amount of USD 800 (inclusive of applicable tax and air-freight/insurance/handling) less an Administrative Fee of USD 100.  



Package

PolarPlus

This combination of 1 copy of the PolarPerspectives Special Edition at USD 800 (inclusive of GST and shipping/handling/insurance) and a 12-month subscription to PolarView (12 monthly reports) at a 10% discount to USD 2700 is at a combined price of USD 3500.

Accordingly, refunds are not available for the discounted PolarView portion.  As described above, refunds are also not available for books already delivered.  


Services not currently available

PolarTrend Weekly Model  (versions I and II)   --  scheduled for 2010

PolarTrack Weekly Model (versions I and II)  --  scheduled for 2010

PolarTrade Daily Model (versions I, II, and III)  --  scheduled for 2010

PolarShot Daily Model  --  scheduled for 2010

PolarPeek, PolarPack, PolarPower (combinations)  --  scheduled for 2010

 

Privacy Policy

Confidential credit card information provided by Clients in the course of making payments online is treated securely under encrypted software procedures managed by the Merchant Account Gateway and Transaction Processing System run independently by WorldPay.

Personal information provided by Clients, such as email addresses or other references, are used exclusively to provide the services requested by Clients.  It is the express policy of Polar Pacific Pty Ltd that personal Client information will never be passed on or provided to any unrelated party.

 

Thank you for reading the Terms and Conditions for Polar Pacific Client Services

 

This page may be updated without notice

 

 

 

 

 

 


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