Jenson Seed EIS Fund - Clubfinance

84 Jenson Seed EIS FundInvestor’s Agreement 8519. Notices, Instructions andCommunications19.1. Notices of instructions to the FundManager, the Administrator &Custodian, Jenson or the Nomineemust be in writing and signed by youor on your behalf, except as otherwisespecifically indicated in this agreement.19.2. The Fund Manager, Jenson, theAdministrator & Custodian and theNominee may rely and act on anyinstruction or communication whichpurports to have been given bypersons authorised to give instructionsby you under the Application Form orsubsequently notified by you from timeto time and, unless that relevant partyreceives written notice to the contrary,whether or not the authority of suchperson shall have been terminated.Without prejudice to the foregoing, in noevent shall any such party dealing withyour representative with respect to anydocument signed or action undertakenon behalf of you be obliged to inquireinto the necessity or expediency ofany act or action of you, the existenceor non-existence of any fact or factswhich constitute conditions precedentto acts by you or any act or failure toact by you or as to any other matterwhatsoever involving you.19.3. All communications with you shall besent (whether postal or electronic) tothe latest address you have supplied inwriting to the Fund Manager, Jenson,the Administrator & Custodian orthe Nominee and shall be deemedreceived by you on the second dayafter posting or on the day afterdispatch in the case of electroniccommunication. All instructionsby you shall be made in writing.Telephone conversations betweenyou and the Fund Manager, theAdministrator & Custodian, Jenson orthe Nominee, (as the case may be)may be recorded. Communicationssent by you will be deemed receivedonly if actually received by the FundManager, Jenson, the Administrator& Custodian or the Nominee (as thecase may be). The Fund Manager,Jenson, the Administrator & Custodianand the Nominee will not be liablefor any delay or failure of delivery(for whatever reason) of anycommunication sent to you.20. Unsolicited Real TimeFinancial PromotionsThe Fund Manager may communicate anunsolicited real time financial promotion(i.e. interactive communications such as atelephone call or electronic mail promotinginvestments) to you.21. AmendmentsThe Fund Manager may amend thisagreement by giving you written noticewith immediate effect if such is necessaryin order to comply with Applicable Lawsincluding HMRC requirements, or in orderto maintain the SEIS or EIS Relief or in orderto comply with the FSA rules. Any otherproposed amendments will be notifiedto you, and if you fail or omit to givenotice of your rejection of the proposedamendment within 30 days of the date ofthe amendment notice, this agreement shallbe deemed amended accordingly.22. Data ProtectionAll data which you provide to the FundManager, Jenson, the Administrator &Custodian or the Nominee (as appropriate)will be held by the relevant party subject tothe Data Protection Act 1998. You herebyagree that the Fund Manager, Jenson, theAdministrator & Custodian and the Nomineemay pass your personal data to each otherand to other parties insofar as is necessary inorder for them to provide their services as setout in this agreement and to the FSA and anyregulatory authority which regulates them andin accordance with all other Applicable Laws.23. Entire AgreementThis agreement, together with the ApplicationForm and the other documents mentionedin it, comprises the entire agreement of theFund Manager the Nominee, Jenson and theirAssociates with you relating to the Fund andthe provision of the services.24. Rights of Third PartiesThe Nominee, the Administrator &Custodian, Jenson and their respectiveConnected Persons may enforce any termof this agreement which purports to confera benefit on that person, provided thatthe Fund Manager and you may amend,rescind, vary, waive, release, assign, novateor otherwise dispose of all or any of theirrespective rights or obligations under thisagreement without the consent of anyperson who is not a party to this agreement.Save as provided, a person who is not aparty to this agreement has no right underthe contracts (rights of third parties) act 1999to enforce any term of this agreement, butthis does not affect any right or remedy ofsuch third party which exists or is availableapart from that act.