Privacy & Policy

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of our website ‘www.ProfitsGenixinvest.in’ (hereinafter referred to as the "Website"). The Website is an internet-based asset ownership portal owned and operated by PROFITSGENIX FINANCIAL PRIVATE LIMITED, a company incorporated under Companies Act, 2013 having its registered office at Shop no.11, Plot no 18, Pingawan Main Road, Pingawan, Gurugram 122508 (hereinafter, referred to as "we", "us", "our" and “ProfitsGenix”).

For the purpose of these Account T&Cs, "you", "your" or “User” refers to any natural or legal person who has successfully registered on the Website, and uses the services offered by ProfitsGenix on or through the Website.

These Account T&Cs set out the terms with respect to deposit of funds by you in an ProfitsGenix account (“Collection Account”) opened by us for such purpose with our partner bank, [HDFC Bank], or other banks as added/changed from time to time (“Partner Bank(s)”). The Collection Account will be used by you for (a) availing asset ownership services with respect to opportunities listed on the Website (“Services”), (b) receiving returns from your asset ownership, and (c) receiving rewards from ProfitsGenix for using the Services. You signify your consent to be bound by the User Terms, the Privacy Policy , and the Refer and Earn – Terms and Conditions in addition to these Account T&Cs.

YOU UNDERSTAND THAT IF YOU DO NOT AGREE OR ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF ACCOUNT T&CS SET OUT BELOW (AND THE RULES AND POLICIES DISPLAYED ON THE WEBSITE), YOU WILL NOT PRESS THE CONTINUE BUTTON AND WILL STOP USING THE SERVICES AND THE WEBSITE.

REGISTRATION

In addition to the information sought by us during the registration process as per the User Terms, You agree to provide us with such additional information/ documents/ permits/ registrations/ reports requested by the us or the Partner Bank for undertaking a know your customer due diligence (“KYC Diligence”). The documents for undertaking the KYC Diligence will need to be provided during or any time after the registration process, and within 3 (three) days of a written request made by us in this regard.

Until the KYC Diligence is completed to the satisfaction of the concerned Partner Bank, you will not be able to use the Collection Account for using the Services. It is clarified that as the KYC Diligence is an ongoing process, you will be required to submit documents/information from time to time as reasonably required by us to satisfy ourselves that you are entitled to continue your registration on the Website.

In case ProfitsGenix or the Partner Bank is of the opinion that the KYC Diligence is not satisfactory or contains incorrect information provided by you, we will be entitled to block you from availing our Services till such issue is resolved.

REGISTRATION DOCUMENTS

You will be required to provide us and the concerned Partner Bank with, amongst others, the following documents for undertaking the KYC Diligence:

1. digitally signed aadhar number of the User/ nominee of the non-individual User
2. digitally signed permanent account number (PAN) of the User/ nominee of the non-individual User
3. details of your savings/current account to be linked with the Collection Account (“Registered Account”); and in case of a non-individual User, copy of a board resolution/ LLP resolution on the letterhead of the company/ LLP authorizing its nominee to act on its behalf, digitally signed by the nominee (along with the DIN/ DPIN of the nominee in case of company/ LLP respectively).

We or the Partner Bank, may also carry out video in-person verification of the identity of the concerned individual and the documents furnished by such individual.

You, hereby, also allow us to generate your credit report and access your credit score for purposes of utilising our Services, as well as for the KYC Diligence, from third party service providers registered with the Reserve Bank of India as a credit information company. We will have the right to retain your credit history related details with us, and generate new reports, until you maintain partnership interest in entities through our Website or maintain balance in the Collection Amount.

COLLECTION ACCOUNT USAGE

You will have the right to use the Services on the Website only with the amounts stored by you in your Collection Account. All monies payable to You by us or any entities in which you hold partnership interest through our Website will be transferred to your Collection Account by Us.

1. Loading the Collection Account: You may credit the amounts to the Collection Account by using UPI, NEFT/ RTGS facilities or net banking linked to your Registered Account only. You cannot use cash to credit amounts to the Collection Account, and all amounts can only be deposited by You, through digital modes. This Collection Account will remain a reloadable account without upper limits. You will not be able to use prepaid cards, EMI, cards issued outside India or a combination of cards to add/load amount to your Collection Account. All debits from the Collection Account will be in digital mode and will be deposited solely to your Registered Account.
2. Withdrawals: You may withdraw amounts from your Collection Account only to your Registered Account.
3. Settlement of Amounts: All debits and credits by us with respect to the Collection Account will be as per the terms of the underlying Agreements entered between You and us (and the entity(ies) in which you hold partnership interest).In this regard, it is agreed that ProfitsGenix will be entitled to provide the necessary instructions to either:
   • the concerned Partner Bank(s); or
   • the administrator appointed by ProfitsGenix and the Partner Banks,
   with respect to the settlement of amounts in accordance with the terms of the underlying agreement(s) executed by you on the Website.
4. Permissible Use: Monies in the Collection Account may only be redeemed towards the contributions to capital of partnership firms through the Website. Amount of purchases will be deducted from your Collection Account.
5. Deduction of Taxes and Management Fee: We will deduct requisite taxes including GST, etc. as payable relating to usage of the Collection Account and/or the transactions contemplated hereunder in accordance with applicable laws.
6. Change in Law: It must be noted that, the terms of usage of the Services and the Collection Account are subject to change without notice in case there is a change in the applicable laws.

REPRESENTATIONS AND WARRANTIES

1. Each Party represents and warrants that it has the power and requisite authority, permission, approval and sanction to enter into and to exercise its rights and to perform its obligations hereunder.
2. Neither Party is barred by law to undertake its obligations under the Account T&Cs.
3. The User further represents, warrants and covenants that:
   • it will not misrepresent any information during the KYC Diligence
   • it will at all times comply with the terms of the agreements executed with us and applicable laws (including tax laws), including the Prevention of Money Laundering Act, 2002, as applicable
   • it will fulfil its obligations under Account T&C as and when required in a timely, diligent, competent and professional manner
   • it will not engage in in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (“Prohibited Practices”). Notwithstanding anything to the contrary, we will be entitled to terminate this you registration with us with immediate effect, without being liable in any manner whatsoever to you, if we determine that you have, directly or indirectly or through an agent, engaged in any Prohibited Practices after registering on the Website.

LIMITATIONS

You will not use the funds in your Collection Account to undertake any foreign exchange transactions.

FRAUD

Where the mobile phone being used to access Our Services and the mobile phone gets stolen/ lost, you are required to immediately inform us about the same with support of a first information report (FIR). Such complaint can be reported at the customer care. ProfitsGenix reserves the right to restrict transaction on such account, in order to prevent any unauthorized usage of the Services/Collection Account. In case of change in mobile number or in case of any change in the information/documents provided to us at the time of onboarding, You are required to intimate us immediately. We will not be liable for any fraudulent transactions undertaken prior to intimation to us if the terms of this paragraph are not complied with.

GOVERNING LAW AND JURIDICTION

These terms and conditions are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts at near your locations, India. You agree to indemnify us for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of the Account T&Cs and your use of the Collection Account.

ARBITRATION

If any dispute arises between You and ProfitsGenix during your use of the Website/Collection Account or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Account T&Cs, or the documents they incorporate by reference, the dispute will be referred to a sole Arbitrator who will be identified by ProfitsGenix. The place of arbitration will be Mumbai, Maharashtra. The arbitration proceedings will be in the English language and will be governed by Arbitration & Conciliation Act, 1996.

LIMITATION OF LIABILITY

THE PROFITSGENIX FINANCIAL SERVICES PRIVATE LIMITED, AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE DISCLAIM ALL RESPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF COLLECTION ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN NO EVENT WILL PROFITSGENIX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SERVICES AND COLLECTION ACCOUNT.

GENERAL TERMS

All notices and other communications required or permitted hereunder to be given to a Party will be in writing, in the English language, and will be sent by e-mail, addressed to such Party’s address as set forth below:

NOTICES

1. If to ProfitsGenix: support@profitsgenix.com; and
2. If to You: at the email address provided by You.

SEVERABILITY SEVERABILITY

If any clause/part/ paragraph is deemed invalid, void or for any reason unenforceable, such clause/part/paragraph will be severable and will not affect the validity and enforceability of the remaining clauses of the Account T&Cs.

ENTIRE AGREEMENT

The Account T&Cs set forth the entire understanding and agreement between You and ProfitsGenix with respect to the subject matter hereof.

EFFECT ON OTHER AGREEMENTS

Nothing contained in the Account T&Cs is intended to modify or amend any other written agreement you may have with us (including without limitation any customer agreement, participation agreement, or operating agreement) ("Other Agreements"). In the event of any inconsistency between the Account T&Cs and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to Account T&Cs. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.

ASSIGNMENT

You cannot assign or otherwise transfer your rights or obligations under the Account T&Cs to any third party. ProfitsGenix may transfer its rights and obligations (under the Account T&Cs without your prior express consent, provided that ProfitsGenix will assign these the Account T&Cs on the same terms or terms that are no less advantageous to you.