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Terms & Conditions

Legal terms governing the use of our services and website

TERMS AND CONDITIONS OF TROPIC CLAIMS AFRICA

Effective Date: 20/01/2026

Website: https://www.tropiclaims.com

Company: TROPIC CLAIMS AFRICA — Morocco

These Terms and Conditions ("Terms") govern access to and use of the website www.tropiclaims.com ("Site") and apply to all activities, services, advice, and operations carried out by Tropic Claims Africa ("TCA", "we", "us", "our").

By accessing the Site or instructing TCA, you confirm your full acceptance of these Terms.

1. Scope – All Activities

These Terms apply to all services and activities rendered by TCA, whether online or offline, contractual or non-contractual, including but not limited to:

  1. Marine, cargo, transport, insurance and P&I claims
  2. Claims handling, recovery, negotiation and representation
  3. Survey coordination and expert assistance
  4. Advisory, consultancy and reporting services
  5. Liaison with insurers, P&I Clubs, carriers, brokers, experts, lawyers and authorities

2. Acceptance

Any instruction, mandate, reliance upon advice, or use of TCA's services constitutes acceptance of these Terms. No Client terms shall apply unless expressly agreed in writing by TCA.

3. Nature of Services

TCA provides professional assistance and advisory services only.

No guarantee is given as to outcomes, recoveries, timelines, or decisions of third parties.

4. Fees and Expenses

Unless otherwise agreed in writing:

  1. Fees may be fixed, hourly, success-based or mixed
  2. All disbursements and third-party costs are for the Client's account
  3. Invoices are payable upon issuance
  4. TCA may suspend services in case of non-payment

5. Confidentiality

All non-public information exchanged shall be treated as confidential, unless disclosure is required by law or necessary for the performance of services.

6. Limitation of Liability

To the maximum extent permitted by law, TCA's total liability arising out of any service or activity shall be strictly limited to the fees actually paid to TCA for the service giving rise to the claim.

TCA shall not be liable for indirect, consequential, or economic losses, nor for acts or omissions of third parties.

7. Third Parties

TCA may engage third parties (surveyors, correspondents, experts, lawyers, subcontractors) as necessary.

Such engagement does not create liability for their acts or omissions.

8. Himalaya Clause

All exclusions, limitations, defenses, and immunities contained in these Terms apply equally to and for the benefit of:

  1. Directors, officers, employees, consultants, agents
  2. Correspondents, surveyors, experts
  3. Subcontractors and independent contractors
  4. Any third party engaged by TCA

Each such party may enforce these Terms as if it were a contracting party.

9. Subcontractors – No Employment or Agency Relationship

Where TCA engages subcontractors or independent contractors, such entities remain at all times the sole employers of their personnel.

Nothing in these Terms shall:

  1. Create any employment relationship between TCA and subcontractor staff;
  2. Establish any partnership, joint venture, agency, or employer–employee relationship;
  3. Make TCA responsible for the acts, omissions, salaries, benefits, taxes, or social obligations of such personnel.

The Client acknowledges that no legal, contractual, or hierarchical link exists between TCA and subcontractor staff.

10. Indemnity

The Client agrees to indemnify and hold harmless TCA and its beneficiaries under these Terms against all claims, losses, costs, and liabilities arising from:

  1. Breach of these Terms
  2. Inaccurate or incomplete instructions
  3. Client's acts or omissions

11. Time Bar – Claims Against TCA

(a) Notice of Claim

Any claim or cause of action against TCA, whether in contract, tort (including negligence), statute, or otherwise, shall be time-barred unless written notice is received by TCA within three (3) months from the date on which the act, omission, loss, or event occurred or ought reasonably to have been discovered.

(b) Legal Proceedings

Any legal proceedings against TCA must be commenced within six (6) months from the same date, failing which the claim shall be irrevocably and permanently barred.

(c) No Circumvention

These time limits apply to all claims, including claims brought by insurers, P&I Clubs, subrogated parties, assignees, or third parties.

12. Force Majeure

TCA shall not be liable for delay or failure caused by events beyond reasonable control, including acts of God, war, strikes, epidemics, regulatory actions, or port authority decisions.

13. Governing Law & Jurisdiction

These Terms and all matters arising from TCA's activities are governed exclusively by the laws of the Kingdom of Morocco.

The competent courts of Morocco shall have exclusive jurisdiction over any dispute.

14. Severability

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement governing all activities of TCA and supersede all prior agreements or understandings.

16. Contact

TROPIC CLAIMS AFRICA

Email: office@tropiclaims.com

Website: https://www.tropiclaims.com

Registered Office: 5 Rue Enoussour, RDC, Casablanca/Morocco