Terms of use

[ Last Updated: March 25th, 2024 ]

This page contains the terms and conditions (Terms of Use) that apply to any registered user or individual (User/You/Your) who has access / browses / uses any of the Platform (defined below) / Account (defined below) / Services (defined below) of (i) Dezerv Investments Private Limited (“DIPL”) a private limited company incorporated under the Companies Act, 2013 (CIN U65999MH2021PTC358833); (ii) Dezerv Distribution Services Private Limited, (“DDSPL”) a private limited company incorporated under the Companies Act, 2013 (CIN U67190MH2022PTC385467 ); (iii) Dezerv Securities Private Limited, (“DSPL”) a private limited company incorporated under the Companies Act, 2013 (CIN U65929MH2023PTC397580); and (iv) includes all present and future Affiliates of DIPL, DDSPL and DSPL respectively. The term “Affiliate” means with respect to an entity the holding company, subsidiaries and associate companies and shall include any other entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control of such entity (collectively referred to as “Dezerv Group” and also variously referred to as “Dezerv”/“Company”/“We”/“Our”/“Us”).

Please read the Terms of Use and Privacy Policy carefully before registering on the website, https://www.dezerv.in and/or on Our mobile applications, and using Our other online services (collectively hereinafter referred to as “Platform”) which is owned, operated and maintained by Dezerv, or before accessing any material, tools or information through the Platform.

By accessing / browsing / using the Platform and/or Services and/or opening an account with Dezerv (“Account”) or providing Us with Your Personal Information for any other purpose, You accept and agree to be bound and abide by these Terms of Use, and Our Privacy Policy, each of which is available on Our Platform for Your reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access / browse / use the Platform, the Services and the Account.

The Company retains an unconditional right to modify or amend this Terms of Use at any time, without any requirement to notify You of the same. Any such amendments shall be effective immediately. You can check when the Terms of Use was last modified or amended by referring to the “Last Updated” legend at the top left corner of this page. It shall be Your sole responsibility to check this Terms of Use from time to time for any modifications or amendments, We have made as they are binding upon You and shall be effective immediately from the posting of the revised Terms. Your acceptance of the amended Terms of Use by continued use of Our Platform / Services shall signify Your consent to such modification or amendments and to be legally bound by the same.

The following terms, including the terms of the Privacy Policy appended to this Terms of Use, record the understanding and arrangement in relation to the Services being offered by Us and availed by You as per Your investment preferences and generally Your use of the Platform.

Your access and usage of the Platform / Services / Account will be subject to Your compliance with all the terms and conditions set forth herein:

1. Platform Services

   Dezerv will provide You access to its Platform for such services offered on the Platform from time to time (“Services”) which may include:

   1. Managing Your portfolio as per the investment objectives and restrictions, if any, stated in the agreement entered with You as well as in accordance with the SEBI (Portfolio Managers) Regulations, 2020 as amended from time to time;
   2. Managing Your Investment as per the Fund's objectives and restrictions, if any, as stated in the Private Placement Memorandum and Contribution Agreement entered with You as well as in accordance with the SEBI (Alternative Investment Funds) Regulations, 2012 as amended from time to time;
   3. buying, selling, retaining, exchanging or otherwise dealing in any investments, place deposits, subscribing to issues and offers for sale and accept placing, of any investments, effect transactions in any markets, taking day to day decisions in respect of Your funds;
   4. facilitation of subscription and redemption of mutual fund units by transmitting Your money and instructions to the relevant Asset Management Companies (“AMC”) through Your Account;
   5. facilitation of non-financial transactions which will include services such as changes in my information recorded by the AMCs;
   6. provision of information and offer documents of all mutual funds available through its platform along with recommendation of mutual funds for specific asset classes;
   7. responding to Your queries relating to Your Account and acting as Your point of contact for various AMCs; and
   8. any other services provided by Dezerv, which is incidental to, or connected with portfolio management services, investment management services or distribution of mutual fund investment services or any other allied services.
2. Compliance with Law

   You agree to provide true and correct information to Us in a timely manner. You provide Your consent to carry out verifications and validations of information and instructions provided by You on our Platform. Investments made through Your Account shall be from Your verified bank account (primary holder's bank account where such account is a joint account), from legitimate sources and You confirm that You are a resident Indian and will remit funds from Your resident account in accordance with applicable law. You may only access the Platform / Services / Account for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your access and/or use of the Platform / Services / Account. You represent and warrant that You are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. Further, Dezerv shall carry out all activities that are required to fulfil its regulatory obligations for the provision of Services.

3. Registration on the Platform
   1. In order to avail Our Services, you must register on the Platform.
   2. Registration on the Platform happens by linking your mobile number and signing up on the Platform.

4. Eligibility for Registration
   1. Subject to the provisions of Terms of Use, only residents of India, who are individual / natural persons who can enter into legally binding contract under Section 11 of the Indian Contract Act, 1872 shall be eligible to use Our Services and transact on the Platform.
   2. Dezerv shall use/rely on the information furnished by You to verify Your eligibility.
   3. Dezerv shall bear no responsibility in case the information provided by You is incorrect/dishonest/fraudulent or a misrepresentation.

5. Provision of Services

   You acknowledge and agree that, for the provision of Our Services:

   1. Your access is associated with a username, password and multifactor OTP (together “Login Credentials”). You are solely responsible for the security of Your Login Credentials. Dezerv shall not be held liable for carrying out any instructions placed from Your account utilising Your Login Credentials which may be unauthorized due to any reason including an information leak or security breach on Your part.
   2. You shall immediately inform Dezerv, through email address mentioned under Customer Care under this Terms of Use, of any unauthorised use of Your Login Credentials with full details of such unauthorised use including the date of such unauthorised use, the manner in which it was unauthorisedly used, the transactions effected pursuant to such unauthorised use, etc.
   3. You are fully aware of and understand the risks associated with availing of online Services through internet including the risk of misuse and unauthorised use of Your Login Credentials by a third party and the risk of a person hacking into the Your account on the Platform and unauthorisedly routing orders on Your behalf through the Platform.
   4. You shall request Dezerv, through email address mentioned under Customer Care under this Terms of Use, to block the Account and change the password immediately for the Account, if your Device has been lost or stolen or report of unauthorised login/ transaction.
   5. Any material downloaded or otherwise obtained through the Platform is done at Your own discretion and risk and You are solely responsible for any damage to Your device or loss of data that results from the download of any such material. Any sort of graphical representations, recommendations, feedback and reviews, provided on the investment platform, are in no way a guarantee for the performance of the securities, mutual funds and other financial products.
   6. Other than as expressly set out herein, neither Dezerv nor any of its service partners, as the case may be, make any specific promises about the Services provided. The Services are provided on an 'as is' or “as available” basis.
   7. Your bank may charge You a fee for facilitating transactions, or for failing to maintain sufficient balance to make an investment from Your bank account. Dezerv does not levy nor does it receive those charges.
   8. As per Your instructions We will process Your investment on the same day if received before the cut-off times, subject to the norms followed by AMCs relating to receipt of investment funds. If not, they will be processed on the next business day. Dezerv may specify cut-off times earlier than the times specified by the AMC/SEBI.
   9. Mutual fund investments are subject to market risks and You are requested to read all relevant scheme documents issued by the AMC, such as Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum (“Offer Documents”) carefully before investing. You understand that the past results of a mutual fund are not a guarantee to its future performance.
   10. You will seek independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing.
6. Access to Your accounts on third-party sites

   You understand and acknowledge that upon using the Platform, You authorize Us to access Your accounts on third-party sites to retrieve Your information for providing You Services under the Terms of Use. For all intents and purposes hereof. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by You.

7. Access to Your accounts within the Dezerv Group

   You understand and acknowledge that upon using the Platform, You Authorize Us and provide Your consent to use Your information within the Dezerv Group for the purpose of providing Services under the Terms of Use.

8. Login Credentials
   1. Your Login Credentials can be reset by You at any point of time.
   2. You can reset the password by selecting the 'Forgot Password' link under the login area. As soon as You select the 'Forgot Password' link, a reset link is sent to Your registered email address.
   3. You can change / update / reset your email-addresses by sending an email to our customer care at member@dezerv.in

9. Customer Care

   If You have any complaints or queries regarding Your Account on the Platform, or the registration process on the Platform or You need to communicate any information to Dezerv required under these Terms of Use or have any other query regarding Dezerv and its Services, please contact:
   
   Name - Neil Mendonca
   Email - service@dezerv.in

10. Customer Communications
    1. Accepting these Terms of Use, implies Your express consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf at any contact number, or physical or electronic address provided by You while registering Your Account. You further agree to Us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Platform. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.
    2. You express consent in being contacted by Us through WhatsApp messages, broadcasts, and notifications, calls including but not limited to forwarded WhatsApp messages, automated messages, and voice notes by Us or our affiliates, agents, service-providers, representatives. All communication through WhatsApp from Us would adhere to WhatsApp India's Privacy Policy and WhatsApp India's Terms of Terms of Service.
    3. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are Your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers You have provided to Us and emails at each of the email addresses You have provided Us. You agree to notify us whenever you stop using a particular telephone number(s) and/ or WhatsApp number and/or email address (es).

11. Links to Other Third - Party platforms and collection of information

    Dezerv may link You to other third-party platforms that may collect Your Personal Information and aid Dezerv in providing Services. Dezerv uses third-party vendors/service providers/agents for functions such as but not limited to concluding know-your customer (“KYC”) obligations, onboarding customers, customer analytics, analytics, payment gateways, digital signatures. You acknowledge and understand that by clicking on the links You have provided your consent to use the third-party platforms and that Dezerv does not control the third-party platforms. These third-party service providers may have their own terms of use governing the usage of their platform which You may be subject to in addition to this Terms of Use. This Terms of Use does not govern any interaction with or usage of the platforms of these third-party providers. You are advised to review the Terms of Use of these third-party service providers carefully.

12. Intellectual property
    1. You do not have ownership of any intellectual property rights, including branding or logos of Dezerv and You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through Dezerv, except that which You may download for personal, non-commercial use.
    2. All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames, copyright, emails, SMS's and WhatsApp communication ("Contents"), constitute Our intellectual property. Dezerv and its licensors, if any, are the sole owners of the underlying software and source code associated with the Product and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.
    3. In case You believe that the Platform violates Your intellectual property, You must promptly notify Us in writing at service@dezerv.in. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform.

13. Indemnity
    1. You agree to indemnify, defend, and hold Dezerv Group and their respective directors, associates, group, employees and representatives harmless from and against any and all losses including reasonable attorney's fees and expenses, of third parties relating to or arising out of: (i) breach of any of the provisions of this Terms of Use and/or Privacy Policy; or (ii) fraud or dishonesty relating to any transaction by You; or (iii) misrepresentation/fraud/negligence with respect to data and information provided by You.
    2. Dezerv will have the right to participate in any defence by you of a third-party claim related to Your access / use of the Platform / Services / Account, with counsel of its choice and its expense.
    3. The terms of this provision of Terms of Use will survive any modification, termination or cancellation of this Terms of Use or Your access / use of the Platform / Services / Account.
    4. You must receive Dezerv Group's prior written consent regarding any related settlement in any claim against Dezerv Group.

14. Limitation of Liabilities
    1. In no event will Dezerv Group be liable for any action performed or omitted to be performed or for any errors of judgment in relation to Your Account. We do not guarantee that our Platform, or any content on it, will be free from errors or omissions.
    2. We do not guarantee that Our Platform will be secure or free from bugs or viruses. You are advised to use Your own virus protection software while browsing/accessing our Platform.
    3. You agree and will not hold Dezerv Group responsible for any loss, notional or otherwise, incurred because of (i) delays either at the bank, bank payment systems or Registrar and Transfer Agency or AMC; or (ii) rejection of Your instructions by the Bank, Registrar and Transfer Agency or AMC; (iii) processing of instructions authenticated by Your Login Credentials; (iv) Non-availability or non-accessibility of the website, electronic payment gateway, telephone(s); (v) any inaccuracy or typographical error on the website; (vi) reduction in the value of Your investments made through the Platform (vii) any trading losses, cost of damage incurred by the User caused due to relying on investment information, research opinions or advice or any other material/information whatsoever on the Platform, literature, brochure or promotional material issued by Dezerv Group or any other agency appointed/authorised by Dezerv Group.

15. Arbitration

    Any dispute, controversy, claims or disagreement of any kind whatsoever between the parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator who will be an independent and neutral third party identified by Dezerv. The seat and venue of arbitration shall be at Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language and will be governed by Arbitration and Conciliation Act, 1996. The award shall be final and binding on the parties.

16. Governing Laws and Jurisdiction

    The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of courts at Mumbai.

17. Severability

    If any provision of these Terms of Use is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms of Use will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

18. Waiver

    Any failure on the part of Dezerv to require performance of any provision of these Terms of Use shall not affect its right to full performance thereof at any time thereafter, and any waiver by Dezerv of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

19. Term and Termination
    1. If and when you are desirous of having Your Account terminated, You are requested to access the “delete account” tab on the Platform.
    2. In case of termination of Your Account in accordance with the Terms of Use; Dezerv will continue to securely maintain a record of Your Personal Information (defined under Privacy Policy) and Your financial transactions to fulfil regulatory obligations. Dezerv will provide You details of the AMCs in whose mutual fund units You have invested in and will fulfil Your redemption/transfer requests, if required.
    3. Dezerv, at its sole discretion, may close Your Account for non-compliance with this Term of Use or any applicable laws.

20. Miscellaneous
    1. All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to Dezerv pursuant to the Terms of Use should be sent to member@dezerv.in
    2. Neither You or Dezerv may assign or otherwise transfer the rights under this Agreement without written consent of the other.
    3. In the event, Dezerv is of the opinion or informed about any fraudulent transaction/ violation of policies, Dezerv will have the exclusive right to block / freeze such account until further course of action.
    4. If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its products/services, and in such case, its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
21. Assignment, Subcontracting and Delegation

    These Terms are for the benefit of Dezerv its successors and assigns. We may assign or transfer any of its rights under these Terms. Dezerv may delegate or subcontract the performance of any obligation under these Terms. You further agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any party without Our prior written consent.

22. Grievance Officer

    The name and contact details of the Grievance Officer to handle any complaints in relation to the Platform / Services / Account are provided below:
    
    Name - Neil Mendonca
    Email - member@dezerv.in

23. Investor Downloads

    ODR CicularSOP for demise reporting through KRA