Terms & Conditions of Use

Advisor Fee

An advisor fee of 1% is paid for professional advisory services on your investment.

Terms of Use

deVere Investment’s execution-only investment application “App” is a trading brand of deVere Investment Limited “deVere”.

deVere is licensed and regulated in Mauritius by the Mauritius Financial Services Commission with the registered office address as The Catalyst building, Lot 40, Office 102, Ebene Cybercity, Mauritius.

Please read the following terms and conditions (“Terms of Use”) before using the App. Your access to and use of the App is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and deVere. By accessing and using the App, you accept, without qualification, these Terms of Use. If you (“the Client”) do not approve and accept these Terms of Use without qualification, you should exit the App immediately.

You must be at least 18 years of age to procure these services with deVere Investment Ltd.

Ownership of Content

The App and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of deVere and are protected by international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to deVere, including all registered and unregistered trademarks and service marks of deVere. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by deVere, or any third party, without the express written permission of deVere, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of the deVere’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of deVere.

Truthful Information

As a condition to your use of the App, you represent and warrant to, and agree with deVere that, all of the information that you provide is truthful, accurate and complete.

Data Protection

In accordance with the provisions of the Data Protection Act 2017 (Mauritius) and the General Data Protection Regulation (GDPR) (EU), we emphasize our commitment to the protection of your personal information and privacy. Your interaction with the App may lead us to collect and process personal information acquired when you access and utilize the App. This information will be used to maintain and enhance our relationship with you, prevent fraud, manage debt collection, and enhance our customer services and product offerings.

To achieve these objectives, we may share this information with other entities within the deVere Group of Companies or authorized agents, as permitted by applicable laws. These entities may employ your data for similar purposes, and they might also share relevant information they hold about you with us, following the same principles. It is important to note that we will only disclose such information outside the deVere Group of Companies if required by law, governmental or judicial bodies, regulatory authorities, or with your explicit consent, except for instances of fraud prevention where necessary.

We maintain a strict standard of security and confidentiality for all personal data held within the deVere and/or the deVere Group of Companies, including data held by our sub-contractors or agents. Measures are in place to prevent unauthorized access, disclosure, or deletion of your data. By agreeing to these Terms of Use, you acknowledge and consent to the utilization of your data as outlined above. You also acknowledge that, as part of these processes, your data may be transmitted to the entities mentioned in this policy. Your trust in us is of utmost importance, and we are committed to ensuring the protection and appropriate use of your personal information in accordance with the Data Protection Act 2017 and GDPR.

Liability

deVere shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between deVere and you regardless of whether the connection or communication service is provided by deVere or a third-party service provider.

deVere shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality ,accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this App or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service.

In no event will deVere be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this App, even if deVere has been advised of the possibility of such damages. deVere will have no responsibility to inform you of any difficulties experienced by deVere or third parties with respect to the use of the services or to take any action in connection therewith.

App/Trade Fees

0.2% per annum custody fee

3% per trade on ETFs and Funds

Zero Trade Fee for Note purchase

Zero Trade Fee and 4% Initial Charges on dVAM Funds

Deposit Funds

If the name of the beneficiary is not correctly written, the funds will be returned to the clients’ account with the charge borne by the client himself.

The client is advised to check the beneficiary bank account details always appearing on the app before initiating any transfer of funds to deVere to load funds in the clients account for investment. Bank details may change and be updated on the app. deVere will not be responsible for the delays or returns of funds that may occur on account of missing details, wrong beneficiary details, wrong IBAN/bank account details or missing transaction reference number in wire transfer instructions. You as the client represent and warrant that you are the lawful owner of the bank account attached to any payment method notified by you.

Privacy

If deVere collects any information from users of the App, the collection and use of such information is governed by deVere’s Privacy Policy, which you should read prior to providing any information to deVere.

No Securities Offering or Investment Advice

The App does not provide all information material to an investor’s decision to transact in any such fund, including, but not limited to, risk factors.

The App is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the App should not be construed as any endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the App, and deVere urges you to make sure you understand these risks before any execution. You agree that deVere is not liable for any action you take or decision you make on the App.

Performance Information

The Client warrants, represents and agrees that he/she is solely responsible for any execution (buying/selling)being made through the App. Past performance may not be indicative of future results; therefore, no current or prospective client should assume that the future performance of any specific execution (buy/sell), will be profitable or equal to the client investment portfolio. Different types of execution involve varying degrees of risk and there can be no assurance that any specific investment will either be suitable or profitable for a client’s investment portfolio. deVere will not be responsible of the outcome of any execution made by the client through the App.

No Unlawful or Prohibited Use

As a condition to your use of the App, you represent and warrant to, and agree with, deVere that you will not use the App for any purpose that is unlawful or prohibited by these Terms of Use.

References to any publication or any other company in the App are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of deVere or that deVere endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the deVere.

Links to Third Party Websites

You might find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

Modification and Monitoring of App

deVere reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes.

If you use the App after we post changes to these Terms of Use, you accept the changed Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the App. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and deVere that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally. deVere expressly reserves the right to monitor any and all use of the App.

Termination and Cancellation

deVere reserves the right to modify or terminate the App and/or to terminate your access to the App, without notice at any time and for any reason.

The Client can close their App account at any time by instructing deVere to withdraw all assets or transfer holdings to another platform provider. When such a request for closure is received, deVere will apply any fees due on the account prior to transferring the assets to the account nominated by the Client. Unless instructed otherwise, transfers will be made as cash.

Indemnity

You agree, at your own expense, to indemnify, defend and hold harmless deVere, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses(including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the App or any product or service related thereto, or any of your other acts or omissions.

Jurisdictional Issues and Applicable Law

Unless otherwise specified, deVere controls and operates the App from its offices within Mauritius.

These Terms of Use are governed by the laws of Mauritius, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in Mauritius, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the App or any product or service related thereto.

Use of the App is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including and without limitation this paragraph.

General

deVere’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the deVere’s right to comply with law enforcement requests or requirements relating to your use of the App or information provided to or gathered by deVere with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By reviewing or using the information on the App after accessing the App, you represent and warrant that: (a)You have the authority to enter into these Terms of Use and create a binding contractual obligation; (b) You understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding; and (c) You will use the information on the App in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the same may be amended by deVere online or otherwise from time to time. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use constitute the entire agreement between the Client and deVere with respect to the App and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the Client and deVere with respect to the App.

You agree to be bound by any agreement or consent you transmit to or through the App via any media or electronic device, including internet, telephone and wireless devices. You agree that when you click on any “I Agree” or “I Consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement shall be legally binding and enforceable and a legal equivalent of your handwritten signature.

Updates to this Policy

This Policy is subject to modifications. Please check the “Last Modified” heading at the bottom of this text to see when this Policy was last updated. Any changes to this Policy will become effective when we post the revised Policy on this App and/or the website. Your use of the App and/or website following any changes means that you accept the updated Policy.