General Terms of Service
Profito Business Global Private Limited (“Profito”) validly assumes that you have read, understood and agreed to this General Terms of Service (ToS) prior to availing the services offered by www.profitoglobal.com (hereinafter “Portal”). Please read these terms carefully and click on the “I Agree” button if you agree to the terms. You shall not register or utilise any services provided by the Portal if you do not agree with any of the terms in this ToS. On your registration, it shall be deemed that you have agreed to and accepted all the terms of this ToS. A legally valid contract is executed between You and Profito Business Global Private Limited once You agree to the ToS by clicking “I Agree” and You shall be bound by these terms until termination. Any and all documents incorporated herein through reference shall be deemed to be part of this ToS.
Table of Contents
5. IP Rights
6. User Undertakings and Responsibilities
7. Disclaimers and Warranties
9. Limitations of Liability
10. Suspension, Termination
12. Violation of the terms
- Profito is a 360° business support platform which aims to provide multiple business services (“Services”) under a single online platform for the benefit of its customers through its Portal www.profitoglobal.com. The Portal is owned and operated by Profito Business Global Private Limited, a company incorporated under the Indian Companies Act, 2013 with its registered office located at 4/424 A, Brindhavaan, Ambat Lane, Marottichodu, Edapally, Ernakulam, Kerala, India, 682024.
- The terms “Profito”, “Portal”, “We”, “Us”, “Our” used anywhere in this document denotes Profito Business Global Private Limited and the terms “You”, “Your”, “Yours”, “Registered User”, “User” shall denote the customer who have registered and use the services provided by the Portal.
- Registration is mandatory and you have to create an account with us to avail the Services. We do not charge you for registration and you only pay for the Service(s) availed.
- To register, you have to be an individual above 18 years of age and competent to enter into a valid contract as per the Indian Contract Act, 1872. Persons who are ‘incompetent’ to contract, including minors, undischarged insolvents, persons of unsound minds etc., are not eligible to register or utilise the Services.
- In case the Service is required by an entity (a company, LLP etc.,), such entity shall register itself through its authorised representative who shall be an individual as mentioned in clause 2.2 above. Such individual and the entity shall collectively be referred as Registered User and the entity shall be responsible for the acts of such authorised representative. On registering on behalf of an entity, we validly assume that you have the proper authorisation and that the entity shall ratify your acts. We shall not be responsible or liable for any unauthorised acts of the authorised representative.
- Profito provides various business services through the Portal which are listed out in www.profitoglobal.com. Profito reserves the right to modify the list of Services – we may add new services or remove a particular service(s) from the list.
- All Services shall be performed by skilled personnel who have the requisite expertise and knowledge in their relevant field and those who have demonstrated their delivering capability.
- When you require a particular Service, the same can be selected from a list of drop-down menu. Once the Service and requirement details are finalised, we shall upon scrutinising the requirements, provide you with a quote along with a tentative timeline for completion of the project. You shall be responsible for providing a detailed and complete scope for us to provide a proper fee quote and timeline.
- Profito shall endeavour to ensure that the best services are provided to you however, you acknowledge that the fee quote and timelines provided are tentative only and may change due to various factors including but not limited to change in scope. We cannot take responsibility in case you have not provided the entire scope of work or change the same. If you are dissatisfied with the Services provided by us, you may take up the matter with our grievance cell. If the grievance cell concludes in your favour, then at our sole discretion, we may either redo the Services for you or the proportionate amount paid by you for the particular service shall be refunded to you subject to Clause 4.2 below.
- You are advised to scrutinize the works carried out by us within seven days of completion of the Service from our end and mark the same as “completed”. No refunds or issues regarding Services shall be entertained once the Service is marked “completed”. Post seven days as mentioned above, the Service shall be automatically marked “complete” unless you have taken up the matter with our grievance cell.
- You have to pay for any Services that you avail through us. The Fees including applicable taxes shall be as per the quote submitted by us subject to any changes/ modifications in your scope post submission of quote. In the event of any change request post submission of the quote and your initial payment, an additional invoice for such change shall be generated.
- You are required to pay the full invoice amount without deductions. In the event you are required to make any deductions under the relevant applicable laws, then such applicable amount shall be refunded to you on production of the relevant proof of such remittance to the authorities.
- All Intellectual Property Rights in the Portal and its source code including modifications and customisations, if any, belongs to Profito Business Global Private Limited and/or its developers. Any and all marks, contents, trademarks, logos, user interface design, and service marks displayed on the Portal are registered and unregistered Intellectual Property Rights of Profito Business Global Private Limited and/or third parties who have authorized their use (“IP”) and you shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these IP in any way. In the event of any violation of our IP or that of our third-party affiliates, the same shall be viewed seriously and we reserve our discretion to initiate appropriate legal action including criminal prosecution.
- The IP rights in the Services rendered shall be construed as ‘work for hire’ and you shall have absolute rights over the completed services.
- You hereby undertake that all information provided by you are true and complete and we shall not be responsible for any outcome related to false or incomplete information provided. We shall not in any way be liable for any impersonation/ stolen identities and shall not be responsible for any loss or damages caused due to access/ impersonation by a third party. Further, we shall not be liable for any improper service/ deficiency in service caused (either directly or indirectly) due to false/ incomplete information provided by you.
- You shall not use the Services for any illegal purposes. You may choose to use the Service on behalf of an entity provided you have been properly authorised by such entity. When you use the Service as an authorised representative of an entity, we validly assume that you have the proper authorisation of such entity. You shall be solely liable for the consequences of you using our Services. You shall not :
- Access, tamper with, penetrate or use – our servers, computers, (including those of our 3rd party service providers), or other parts of the Portal application/ software which do not form part of the Service.
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- interfere with, or disrupt, (or attempt to do so), the access of any other user or other Registered Users, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming the services, or by scripting the creation of any transmitted content in such a manner as to interfere with or create an undue burden on the services provided by the Portal.
- Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Portal software application to human-readable form, or to permit third parties to do the same.
- Transfer your account to third parties.
- As part of the Service, you are permitted to use chat/video/calling facilities as provided on the Portal to communicate with us, upload media including scanned documents, text, video and audio files. This facility is provided to you for the sole purpose of enabling us to understand your requirements in order to provide the best services. For capturing your requirements, we may record all our communications with you including chats, video and audio communications and you hereby grant us permission to record such communication for the above purpose. However, you are not permitted to record any such communications. You shall not (or facilitate any third party to) upload through the Portal:
- any contents or materials containing profanity;
- any contents or materials which are false, inaccurate or misleading;
- any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
- contents that contain cyber bullying, spams, junk or other related material;
- any false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, harmful to minors, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
- any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless you obtain rights therein;
- contents that violates or infringes the privacy or publicity or other rights of any party;
- materials or contents that violates copyright, trademark, or other intellectual property rights;
- contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
- contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity, security, defence, integrity or Sovereignty of India; threatens friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any foreign States;
- any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
- contents that are patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
- any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure.
- You agree that we may modify these terms and conditions at any time and we shall as far as possible provide you with a prior notice of such changes. In case you do not agree to any of the modified terms, you shall immediately stop using our Services. Your continued use shall be deemed as your acceptance of the modified terms.
- You agree that this ToS contains the general terms and conditions with respect to the usage of the Portal and its Services, however, specific terms may vary from one Service to another and you may have to agree to such additional terms specific to the Service required by you before you avail such Service. Additionally, any terms communicated to you while or before performing a particular Service shall apply to you once you accept to avail such Service(s) and such terms shall form part of this ToS.
- EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE AND DISCLAIM ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF SERVICES, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICES WE PROVIDE.
- Your sole remedy for any deficiency of services is to opt for a proportional/ full refund of the fee that you have paid depending on the severity of deficiency, if any as specified in Clause 4 above. .
- We shall not be liable for any default or interruption in services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include acts of God, fires, floods, earthquakes, explosions, accidents, unusually severe weather conditions, epidemics, pandemics, lockdowns, quarantine and travel restrictions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, unfavourable change in legal requirements, hacking, server mal-functioning and any other events which we do not have any control of.
- You hereby agree to indemnify, defend, and hold Profito, and our affiliates, directors, officers, employees, technology vendors and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of our Services and for violation of any of the provisions of this ToS/ applicable laws, or from your placement or transmission of any materials or content onto our (or our service provider’s) servers in violation of the provisions contained in this ToS.
- You shall be solely responsible for the consequence of the use of the Services. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, even if we were advised of their possibility.
- It is hereby made clear that our total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Service and any other agreement with you relating to the Services or based on any claim for indemnity or contribution shall not exceed the latest fee that we had collected from you or INR 10000.00, whichever is the highest.
- You hereby acknowledge and understand that we reserve the rights to terminate your account at any time without assigning any reasons.
- We may suspend or terminate your account if we believe you have violated any terms of this ToS. In case of suspension, your account shall be disabled temporarily until we determine that you have rectified your actions leading to suspension.
- If your account is terminated after you had made payment of fee (partially or fully) with respect to any Service but before the completion of such Service, we shall refund the proportionate fee you had paid, unless the termination was due to any violations of this ToS/applicable laws committed by you.
- You may terminate our Service at any time and contact us from your registered email ID to de register your account from us. However, we may store your account details for as long as the applicable law may require us to maintain records.
- This Service is being provided to You – The Registered User. You do not have the permission and you shall not assign your account or the Service to a third party for any reasons whatsoever.
- Profito may assign the responsibility of providing the Services, to its affiliates, associates, third party vendors and service providers without any notice to you provided such assignment will not cause any interruption in the Services.
- Notwithstanding anything contained anywhere else in this ToS, and notwithstanding and in addition to other remedies available, we reserve our rights to initiate legal actions against you including but not limited to initiating criminal actions where applicable and claim damages in case you violate the terms of this ToS.
- Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996. The sole Arbitrator shall be appointed by Profito. The venue of such Arbitration shall be Ernakulam, Kerala, India and language of Arbitration shall be English. The Arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.
- This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of Ernakulam, Kerala, India. The Courts in Ernakulam, Kerala, India will have the exclusive jurisdiction to govern the provisions of this ToS.