Common use of Losses incurred Clause in Contracts

Losses incurred. By submitting an investment application or instruction, you accept the risks associated with email or fax communication and understand that the we shall not be liable for all and any losses that you may incur in the event that the we have not received your communication, whether due to the failure, malfunction or delay of any networks or electronic or mechanical device or otherwise. We will not be liable to make good or compensate you or any third party for any damages, losses, claims or expenses resulting from undelivered communication. Other losses that we will not be responsible for are as follows: • Any changes in tax or other legislation. • The investment or market risk of the underlying investments. • Financial Advisors acting beyond the scope of their FSCA license. • If your Financial Advisor does not comply with the Financial Intelligence Centre Act (FICA). • A rejection of an application or a delay in processing as a result of a Financial Advisor not being an authorised Financial Services Provider or not having a contract with us. • If an unauthorised instruction is received from your appointed Financial Advisor. • Providing your Financial Advisor with details about your investment whether via telephone, fax, email or via the dedicated web front end secured investment portal. • Acting on information that is outdated or incorrect where you have failed to notify us of any changes to your information. • We do not accept responsibility for delays in processing instructions as a result of extraordinary events that cause disruptions. We will carry out instructions at the earliest possible opportunity subject to legislation and our administration procedures and CIS Portfolio limitations. • The delayed sale of some or all of your investment due to ring-fencing. ‘Ring-fencing’ is the separation and delayed sale of units in a CIS Portfolio. It is caused by the large sale of units above a certain threshold in a CIS Portfolio. Ring-fencing makes sure that the sale of a large number of units will not force the Manager to sell the underlying assets at a price which could negatively affect investors in the CIS Portfolio. We may delay the payment or reinvestment of the proceeds of the sale of units. • We are duly authorised to accept instructions by facsimile or email and you accordingly waive any claim you may have against us and indemnify us against any loss incurred as a result of our receiving and/or acting upon such communication. • We will not be held responsible for any failure, malfunction or delay of any networks or electronic or mechanical device or any other form of communication used in the submission, acceptance and processing of application and/or transactions. We will not be liable to make good or compensate any Investor or third party for any damages (whether direct or consequential), losses, claims or expenses resulting there from.

Losses incurred. By submitting an investment application or instruction, you accept the risks associated with email or fax communication and understand that the we shall not be liable for all and any losses that you may incur in the event that the we have not received your communication, whether due to the failure, malfunction or delay of any networks or electronic or mechanical device or otherwise. We will not be liable to make good or compensate you or any third party for any damages, losses, claims or expenses resulting from undelivered communication. Other losses that we will not be responsible for are as follows: • Any changes in tax or other legislation. • The investment or market risk of the underlying investments. • Financial Advisors acting beyond the scope of their FSCA license. • If your Financial Advisor does not comply with the Financial Intelligence Centre Act (FICA). • A rejection of an application or a delay in processing as a result of a Financial Advisor not being an authorised Financial Services Provider or not having a contract with us. • If an unauthorised instruction is received from your appointed Financial Advisor. • Providing your Financial Advisor with details about your investment whether via telephone, fax, email or via the dedicated web front end secured investment portal. • Acting on information that is outdated or incorrect where you have failed to notify us of any changes to your information. • We do not accept responsibility for delays in processing instructions as a result of extraordinary events that cause disruptions. We will carry out instructions at the earliest possible opportunity subject to legislation and our administration procedures and CIS Portfolio limitations. • The delayed sale of some or all of your investment due to ring-fencing. ‘Ring-fencing’ is the separation and delayed sale of units in a CIS Portfolio. It is caused by the large sale of units above a certain threshold in a CIS Portfolio. Ring-fencing makes sure that the sale of a large number of units will not force the Manager to sell the underlying assets at a price which could negatively affect investors in the CIS Portfolio. We may delay the payment or reinvestment of the proceeds of the sale of units. • We are duly authorised to accept instructions by facsimile or email and you accordingly waive any claim you may have against us and indemnify us against any loss incurred as a result of our receiving and/or acting upon such communication. • We will not be held responsible for any failure, malfunction or delay of any networks or electronic or mechanical device or any other form of communication used in the submission, acceptance and processing of application and/or transactions. We will not be liable to make good or compensate any Investor or third party for any damages (whether direct or consequential), losses, claims or expenses resulting there from.