Terms and Conditions

General

These Terms and Conditions which shall be applicable to your account with the Swala Capital Unit Trust Funds. The Terms and Conditions should be read together with the Information Memorandum and the Trust Deed, copies of which may be availed to you on request.

Swala Capital Unit Trust Funds is a collective investment scheme that is established under the Capital Markets (Collective Investment Schemes) Regulation 2023. By accepting these Terms and Conditions, you will be deemed to have read and understood the contents of the Incorporation Documents as well as these Terms and Conditions.

Investment

1. A person with Parental Authority may open and maintain an account in their name for and on behalf of a minor. A person with Parental Authority shall include the birth parents of a minor, legal guardian, school-master or other person who can demonstrate legitimate authority over the minor's affairs.
2. The Website, the Client Portal, and all content, tools, portfolio data, and services provided through them are provided on an "As-Is" and "As-Available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. The Company does not warrant that the Client Portal will be uninterrupted, timely, secure, or free from errors, viruses, or technical glitches. You acknowledge that access to the portal may be occasionally restricted or unavailable to allow for repairs, maintenance, or the introduction of new functionality.
4. In the event of a client portal outage or system unavailability, you remain responsible for utilizing alternative approved channels (such as written instructions or authorized email) to submit time-sensitive transaction or withdrawal requests, subject to standard operational cutoff times.
5. You hereby irrevocably authorize us to act on all Requests received by us using your PIN and to hold you liable in respect thereof. We may nevertheless refuse to carry out any requests beyond the scope of the funds as offered from time to time.
6. You shall at your own expense provide and maintain in safe and efficient operating order such Equipment necessary for the purpose of accessing the products and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your PIN secret and secure.
7. The client acknowledges that access to the client portal is granted via a single set of secure credentials which is the registered email and password. The client assumes absolute responsibility for the safeguarding, distribution, and internal management of these credentials.
8. The client explicitly agrees that any instruction, transaction, or withdrawal initiated through the portal using the correct credentials shall be conclusively deemed to be a valid, authorized, and binding instruction from the client. The Fund Manager shall be under no obligation to verify the individual identity of the person transmitting the instruction and shall be fully indemnified against any losses resulting from unauthorized internal use or credential compromise.
9. Units may be redeemed, in whole or in part, through your Equipment and using the Access Channels, in accordance with the applicable terms of the Trust Deed.
10. Upon successfully redeeming your units (and any interest thereon) receipt of which shall be effected within a maximum of 72 hours, the Unitholder shall cease to be a Unit Holder to the extent of the Units redeemed.
11. Your right to redeem units may be suspended in certain exceptional circumstances with the Trustee's consent and in accordance with the Trust Deed and the Capital Markets (Collective Investment Schemes) Regulations 2023 (as may be amended from time to time).
12. Units shall be purchased and redeemed at the prevailing daily price in accordance with the Capital Markets (Collective Investment Schemes) Regulations, 2023 (as amended) and the provisions of the applicable Trust Deeds. All repurchases shall be executed by the Fund Administrator, Swala Capital Ltd.
13. Investment instructions will be executed only upon receipt by Swala Capital Ltd of a duly completed application form, whether manual or digital, together with evidence of deposit or cleared funds. Subscription amounts received in cleared funds will be processed on the next dealing day.
14. By submitting an application, the investor requests to subscribe to any sub-fund under the Swala Unit Trust Fund, subject to the relevant Trust Deeds. The purchase value of units will be determined using the Net Asset Value (NAV) per unit calculated at the close of business on the date on which both the funds and the application are received, whichever occurs later. Funds or instructions received after the cut-off time will be processed using the next dealing day's NAV.
15. The investor and/or their financial advisor is solely responsible for ensuring that Swala Capital Ltd receives complete, accurate and timely instructions through email or any other formal communication channel recognized by the company.
16. The investor acknowledges that investments in unit trust funds carry inherent risks, including potential loss of capital. Swala Capital Ltd shall not be liable for losses arising from market fluctuations, economic conditions, changes in unit prices, or external factors beyond its control. Neither Swala Capital Ltd nor the Swala Unit Trust Fund shall be liable for losses resulting from amendments to legislation, including changes in tax laws that may affect investment returns.
17. The investor is entitled to access any information that a collective investment scheme provider is legally required to disclose, and Swala Capital Ltd shall obtain and provide such information upon request.
18. Once an account is opened, investors will receive monthly statements via email. Additional statements may be accessed through the client portal or requested directly from Swala Capital Ltd.
19. Swala Capital Ltd reserves the right to decline, suspend, or delay the processing of instructions that are unclear, incomplete, ambiguous or inconsistent with regulatory or internal requirements.
20. Swala Capital Ltd shall not be responsible for any loss arising from incorrect, incomplete or misleading information provided by the investor.
21. All costs associated with administration of the Fund apply and will be charged to the Fund. This will include but not be limited to the fund management fees, Custodian and Trustee Fees, marketing and fund administration fees.
22. In the event of any breach of these Terms and Conditions, we may in circumstances where you fail to comply or fail to procure compliance with the terms of a notice consequently served on you, require immediate redemption in full of your investment (and any interest thereon) and/or forthwith terminate the contractual relationship with you without any consequential liability to you or any other person.
23. Past performance is no indication of future results and that investing in a unit trust scheme constitutes a risk for your invested capital. This document does not constitute a distribution recommending the purchase or sale of any security or portfolio.
24. The Information Memorandum contains all information necessary to evaluate the product and should be read before investing. We recommend that you consult your own independent financial advisor to obtain professional advice before exercising any decisions based on the information present in the document.
25. We are committed to respecting and protecting the privacy of the information we collect from you. Our privacy statement, as updated from time to time, explains how we treat your personal information, who we share your information with and measures taken to protect your privacy when you use our product.