In the Agreement hereto, unless otherwise clearly indicated by, or inconsistent with the context, the terms used bear the same meaning as are assigned to them in the This Agreement is as contemplated in the rules and the applicable legislation. Every transaction in Trop-X Authorised Investments Securities Act, 2007 (Act No. 8 of 2007) ("Act"), including their Regulations, and the Rules and Directives of Trop-X (Seychelles) Limited ("the rules and directives"), or any amendments or replacements to the Acts and/or the rules and directives, (together,” the applicable legislation") entered into by us with you or on your behalf is transacted on the specific condition tha the transaction is entered into subject to the Act. In alternative jurisdictions the applicable rules and regulations will apply.
In the event of a conflict between the applicable legislation and the provisions of the Mandate and the Schedules hereto, the provisions of the applicable legislation shall prevail.
By your signature at the foot of the Mandate, in the sections forming part hereof and the Schedules hereto, you authorize us to manage your Investments as set out in Schedule A attached (“the Investments”) subject to the terms and conditions contained herein , in the Schedules hereto and also to the applicable legislation. We shall, in particular, in managing your Investments comply with all relevant provisions of the applicable legislation.
Our management of the Investments shall be conducted on the basis set out in the option selected and signed by you in Section C of the Mandate. To this end, you hereby appoint us as your duly authorized agent to purchase and sell and enter into any transaction in accordance with your chosen option, both in the Republic of Seychelles and, where permitted by law, in foreign countries in respect of all Investments as listed in schedule A in terms of the applicable legislation, from time to time.
You acknowledge that you have been made aware by CC of the risks pertaining to Investments as disclosed in Schedule A attached, including inter alia, the following:
The buying and selling of Securities;
Foreign Investments and the concomitant currency exchange risks associated therewith;
The buying and selling of listed Derivative Instruments, as referred to in the risk disclosure documents;
Managed Fund and Alternative Investments; and
Insurance, Retirement and Endowment share portfolios.
You accept such risks, which may result in financial loss and for which CC shall not be held responsible.
CC shall incur no liability for any claims for any loss or damage which you may suffer; howsoever such loss or damage may arise or be suffered, in respect of the Investments managed by CC on your behalf.
You hereby indemnify CC and hold CC harmless in respect of any income tax or other tax or levy of whatsoever nature in respect of which you may become liable or which may become payable pursuant to anything done by CC on your behalf in terms of this mandate, and in particular:
Tax on interest accruing for your benefit on any cash amount invested by CC in terms of this mandate; and
Tax on the increase in value of any investment administered or managed by CC on your behalf and for your benefit.
Furthermore, you undertake to refund CC on demand any amount which CC may be called upon to pay by any revenue authority in respect of any such interest or gain accruing for your benefit and further authorize CC to make such payments by realizing investments managed by CC on your behalf or under CC control.
In the event of any failure, interruption or delay in performance of CC’s obligations resulting from acts, events or circumstances not reasonably within our control, including but not limited to industrial disputes, acts or regulations of any governmental or supranational bodies or authorities, breakdown, failure or malfunction of any telecommunications or computer services, CC shall not be liable or have any responsibility of any kind for any loss or damage incurred or suffered by you as a result.
You hereby indemnify any third party with whom we contract on your behalf and hold us or any such third party harmless from: any loss incurred on your behalf pursuant to any bona fide investment made by us with such third party in terms of the Mandate; and any and all claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, which may be brought against us by reason of the operation of your account with respect to investments made for you with third parties.
Nothing herein contained shall however absolve the firm from liability for loss suffered by you or any other person through any a act of fraud, theft, bad faith, dishonesty or gross negligence on our part or on the part of our employees.
The foregoing notwithstanding, we assume no liability whatsoever for any act of fraud, theft, bad faith, dishonesty or gross negligence on the part of any third party as mentioned above, or on the part of any such third party’s employees. Nor do we assume any liability in the event of the insolvency or subsequent sequestration or liquidation of such third party’s estate.Read More