Terms and Conditions governing the use of the Financial services provided by Profinity Growthway Private Limited

Definitions:

In this document, the following words and phrases have the meaning set below unless the context indicates otherwise:

Profinity Wallet:

Shall mean the account maintained by the Customer with Profinity for which the service is being offered or may be offered in the future (each a "Wallet" and collectively "Wallets");

Customer:

Shall refer to the person/persons whose details are more particularly set out in the details provided/entered while registering themselves on the mobile application of Profinity Services;

Services:

Shall mean the financial services provided to the Customer through the mobile application, such as information relating to products/services listed on the platform, details about transactions, and such other services as may be provided on the Mobile Phone Number by Profinity Services from time to time.

Mobile Phone:

Shall mean any handset that supports the Software/Application for availing the services;

Mobile Phone Number:

Shall mean the number specified by the Customer during registering themselves with Profinity for the purpose of availing the Financial services;

Password/MPIN:

Shall mean the combination of numbers or an access code or biometric, which the Customer has chosen, to allow them to use financial services. It is also used for the identification for each Customer;

Personal Information:

Shall mean the information about the Customer obtained in connection with the Services;

Software/Application:

Means the file downloaded on the mobile for accessing Mobile Banking;

Website:

Refers to the website owned, established, and maintained by Profinity Services located at the URL www.profinitygroup.com

In this document, all references to the Customer in the masculine gender shall be deemed to include the feminine gender.

Uploading User’s contact list:-

1. The user chooses to upload their contact list for the purpose of sending customized greetings creative/pictures with their personalized names and contact details

2. The user’s contact receives an invitation or greeting wishes picture/creative message from the user

3. Users can choose if they want the application to collect the contact list or not

4. The contact list is not stored by the application admin but data is truncated once the same is executed for intended use, i.e., printed on pictorial wish greeting cards, etc.

5. The user gives his authorization to the application before sharing the contact list

Applicability of Terms and Conditions

These terms and conditions together with the registration made by the Customer and as accepted by Profinity Services shall form the basis of understanding between the Customer and Profinity Services, and shall be further subject to such terms as Profinity Services may agree with other service providers. In case of conflict between the general terms and conditions relating to any particular customer and the terms and conditions contained herein, the terms and conditions contained herein shall prevail.

Application

The Customer shall register to Profinity Services for the use of the services by using any method as provided by Profinity Services from time to time in such forms as may be prescribed by Profinity Services for the use of the services.

Complete Registration for the services made shall be accepted only after authentication of the Customer through any such mode of verification as may be stipulated in the terms governing usage of these services, or in the absence of any terms, at the discretion of Profinity Services.

The Services shall be activated upon Customer fulfilling all the terms and conditions for such activation to the satisfaction of Profinity Services.

Availability & Disclosure

Profinity Services shall endeavor to provide to the Customer through the services, such services as Profinity Services may decide from time to time. Profinity Services reserves the right to decide what services may be offered to a Customer. Profinity Services may also make additions/deletions to the services offered through the Facility at its sole discretion.

However, Profinity Services reserves the right to discontinue the service without prior notice and subject to intimation in the following events:

a. Any change in regulatory guidelines/statutory rules

b. Breach of these Terms and conditions by the Customer or its Authorized Signatories

c. Fraudulent, criminal, illegal use of the Facility by the Customer or its Authorized Signatories

This service might not be available on all handsets and will depend on the handset configuration & the minimum requirements for running the application.

The Customer is solely responsible for protecting his Mobile Password Identification Number (MPIN) or Mobile Phone Number and any password given by Profinity Services for the use of the services.

MPIN will be set up by the Customer as a registration process. As a safety measure, the Customer shall change MPIN as frequently thereafter as possible.

The Customer grants express authority to Profinity Services for carrying out transactions and instructions authenticated by such MPIN.

If the Customer forgets the MPIN, the Customer can reset the MPIN through the Mobile application by using the “Forgot MPIN” tab and generate a new MPIN after validating the One Time Password (OTP) sent to their Mobile Phone number. The Customer agrees and acknowledges that Profinity Services shall in no way be held responsible or liable if the Customer incurs any loss as a result of information being disclosed by Profinity Services regarding his personal information by providing the correct Mobile Phone number and Password/MPIN, and the Customer shall fully indemnify and hold harmless Profinity Services and the affiliates in respect of the same.

The Customer is further advised to ignore any e-mail asking for his/her user details. The Company or its employees will never contact the Customer asking for online banking Password/MPIN, etc.

Profinity Services shall endeavour to carry out the instructions promptly provided that Profinity Services shall not be responsible for the delay in carrying out the instructions due to any reason whatsoever, including the failure of the operational system or due to any requirement of law or due to mobile network failure or any failure at the partners’ mobile payments platform.

Funds Transfer through Wallet

The Customer accepts that he will be responsible for keying in the correct account number for the fund transfer request. In no case, Profinity Services will be held liable for any erroneous transactions incurred arising out of or relating to the Customer entering wrong account numbers or wrong amount.

Profinity Services shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond its reasonable control. Profinity Services reserves the right to charge the Customer for any funds transfer request initiated by the Customer and given to Profinity Services as per the Schedule of Fees/Charges displayed on the Website or available at the branches. If funds transfer is made available to the Customer, it may be used for the transfer of funds from the wallet to other linked bank accounts belonging to the Customer maintained at any Bank, which falls under the network of Reserve Bank of India's Electronic Fund Transfer system.

The Customer acknowledges that the Company shall not be liable or responsible for any error, disruption, non-delivery, delay interruption, disruption, or failure in the provision of the service.

The Customer understands and agrees that the company shall not be held liable for any loss, damage whether direct or indirect, costs, charges, or expenses incurred by the Customer while transferring funds through Mobile Banking

Authority to Profinity Services

The Customer irrevocably and unconditionally authorizes Profinity Services to access all his wallet for effecting transactions of the Customer through the services performed.

The Customer authorizes Profinity Services to appoint any third-party service provider for providing the Services for the purpose of accepting/executing the request of the Customers.

Records

All records maintained by Profinity Services of the transactions arising out of the use of the Services, including the time of the transaction recorded, shall be conclusive proof of the genuineness and accuracy of the transactions

The authority to record the transaction details is hereby expressly granted by the Customer to Profinity Services.

Instructions

All instructions for availing the services shall be provided through the Mobile Phone Number in the manner indicated by Profinity Services. The Customer is also responsible for the accuracy and authenticity of the instructions provided to Profinity Services, and the same shall be considered sufficient for availing the services.

Any instruction, order, direction, request entered using the Password/MPIN of the Customer shall be deemed to be an instruction, order, directive, request received from the Customer. All instructions, requests, directives, orders, directions, entered by the Customer, either electronically or otherwise, are based upon the Customer’s decisions or are the sole responsibility of the Customer. The Customer accepts that all information/Instructions will be transmitted to and/or stored at various locations and be accessed by personnel of Profinity Services. Profinity Services is authorized to provide any information or details relating to the Customer or to third party to facilitate the providing of the service and so far as is necessary to give effect to any instructions.

Accuracy of Information

The Customer undertakes to provide accurate information wherever required and shall be responsible for the correctness of information provided by him to Profinity Services at all times, including for the purposes of availing of the Services. Profinity Services shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an error in the information supplied by Profinity Services to him, he shall advise Profinity Services as soon as possible. Profinity Services will endeavor to correct the error wherever possible on a best effort basis.

While Profinity Services will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, Profinity Services shall not be liable for any unintentional error, which results in providing inaccurate information. The Customer shall hold Profinity Services harmless against any loss, damages, etc., that may be incurred/suffered by the Customer if the information supplied to the Customer turns out to be inaccurate/incorrect.

Limits And Transfer

Profinity Services reserves the right to refuse any instructions for the transfer of funds or limit or block transfers to particular persons. Profinity Services reserves the right to set-up transaction level/daily transactions limits and modifies the same from time to time in the future.

For security reasons, and in order to comply with regulatory requirements, there are limits on the number and amount of transfers Customers can make using the services through the wallet. These limits may be increased/decreased by Profinity Services from time to time.

Indemnity

In consideration of Profinity Services providing the Services, the Customer shall indemnify and keep safe, harmless and indemnified Profinity Services from and against all actions, claims, demands, proceedings, loss, damages, costs, charges, and expenses whatsoever, which Profinity Services may at any time incur, sustain, suffer or be put to as a consequence of or arising out in good faith for acting on or omitting or refusing to act on any instructions given by the use of the service.

The Customer shall indemnify and hold Profinity Services harmless for any losses occurring as a result of the:

i. The Customer permitting others to use the services through any unauthorized means.

ii. The Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended.

General

As a tool to correct misunderstandings, the Customer understands, agrees and authorizes Profinity Services, at its discretion, and without further prior notice to the Customer, to monitor and record any or all telephone conversations or electronic communications between the Customer and Profinity Services and any of its employees.

The availability/non-availability of a particular service shall be communicated to the Customer through email, web page of Profinity Services, or in writing as may be deemed fit by Profinity Services.

Proprietary Rights

Profinity Services shall make reasonable efforts to advise from time to time the software such as browsers which are required for availing of the Service. There will be no obligation on Profinity Services to support all or any versions of the software as may be required for offering the Service. The Customer acknowledges that the software underlying the Mobile Application as well as other internet/mobile-related software required for accessing the application are the legal property of the respective vendors. The permission given by Profinity Services to access Application will not convey any proprietary or ownership rights in such software. The Customer shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Mobile Application or create any derivative product based on the software.

Communications through Electronic means

Documents sent by electronic delivery will contain all the information as it appears in the printed hard copy version as prepared and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an electronic mail, an attachment to the electronic mail, or in the form of an available download from the Application. Profinity Services would be deemed to have fulfilled its legal obligation to deliver to the Customer any document if such document is sent via electronic means. Failure to advise Profinity Services of any difficulty in opening a document so delivered within twenty-four (24) hours after delivery shall be deemed to be validly delivered to the Customer.

Communication through Mobile

The Company shall have no obligation to verify the authenticity of any transaction received by the Customer through SMS or any means regarding transactions performed by the application. The Bank's own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless the Customer points out any discrepancy.